NSW Police: Racism & Aboriginal Self-Harm Ignored – Report

NSW Police Officer Found Guilty of Misconduct driven by “Unconscious Racism“

A senior New South Wales (NSW) police officer has been found guilty of serious misconduct after a report revealed his decisions were influenced by “unconscious racism” when he disregarded an Aboriginal man’s self-harm while in police custody. The findings, released by the independent Law Enforcement Conduct Commission (LECC), highlight systemic issues within the force and raise critical questions about the treatment of Indigenous Australians within the criminal justice system.

The LECC investigation stemmed from a critical incident at a regional NSW police station serving a community with a significant Indigenous population. The man, referred to as CAE in the report, sustained a head injury while in custody.

Details of the Incident Unfold

According to the LECC report, over a three-hour period, CAE repeatedly banged his head against a metal bench, a door, and a wall, beginning around 11:30 PM. The sounds were audible throughout the station, yet the officer in charge, identified as EAC1, a senior constable with 16 years of experience – including 10 as a senior constable – took “little attempt to stop it.”

Timeline of Events:

11:30 PM: CAE begins self-harming.
1:00 AM: CAE has a visible lump on his temple.
EAC1 decides to transport CAE to another station.

Other officers present at the scene raised concerns and suggested calling for an ambulance, but EAC1 refused.By 1:00 AM, CAE had developed a visible lump on his temple. Despite this, EAC1 decided to transport CAE to a city police station located one-and-a-half hours away, placing him in the back of a caged vehicle.

“Bunging On”: A Disturbing Justification

The LECC steadfast that EAC1’s decision to delay medical assistance was rooted in his preconceived notions about the local Indigenous community. The report details that EAC1 believed CAE was “‘bunging on’ his self-harm in an attempt to be taken to hospital and not into correctional custody.” He reportedly held the view that Aboriginal people in the region frequently attempted to manipulate the system in this manner.

“Bunging On” Defined:

A slang term implying someone is exaggerating or faking an illness or injury to gain attention or avoid responsibility.

“Officer EAC1’s view was that Aboriginal people in the Regional Town community often attempted to manipulate the system in this way,” the report stated. This outlook, the LECC emphasized, falls far short of the standards outlined in the NSW Police Force’s aboriginal Strategic Direction, which commits the force to actively addressing racism, discrimination, and bias.

Officer Expresses Remorse, Accepts Wrongdoing

during testimony, EAC1 acknowledged that an ambulance should have been called when CAE began self-harming at 11:30 PM. He also expressed remorse and stated he had “learnt a lot by reflecting on his conduct.” He further conceded that his initial assessment of CAE’s self-harm – characterizing it as “gently” banging his head in a custody Management Record – was inaccurate.

EAC1 admitted that upon seeing CAE’s head injury during custody photographs,he should have immediately requested medical assistance,and that he was obligated to do so from 11:30 PM onwards.

Limited Recommendations and Calls for Further Training

The LECC’s report included a single formal suggestion: extending the time limit for proceedings related to breaches of Section 201 of the Police Act – which concerns officers neglecting their duties – from six months to 12 months. The commission also encouraged NSW Police to prioritize and expand face-to-face training programs focused on cultural awareness and mental health experiences.

NSW Police and Police Minister Yasmin Catley have been contacted for comment by the ABC. The report has been formally tabled in parliament.

This case underscores the urgent need for continued scrutiny and reform within the NSW Police Force to address systemic biases and ensure equitable treatment for all individuals in custody. The incident serves as a stark reminder of the potential consequences of unconscious bias and the critical importance of prioritizing the health and safety of vulnerable individuals, particularly within the Indigenous community.

If you or anyone you know needs help:

• Suicide Call Back Service on 1300 659 467
• Lifeline on 13 11 14
• Aboriginal & Torres Strait Islander crisis support line 13YARN on 13 92 76
• Kids Helpline on 1800 551 800
• Beyond Blue on 1300 224 636
• Headspace on 1800 650 890
• ReachOut at au.reachout.com
• MensLine Australia on 1300 789 978
• QLife 1800 184 527

Unpacking the “Unconscious Racism” and Building Towards Police Reform

The case of EAC1, the NSW police officer, serves as a potent illustration of how “unconscious racism” can impact critical decision-making, leading to severe consequences. This incident, as highlighted by the LECC report, should spur a deeper examination into systemic issues. It also shines a light on the critical role of perception and how easily it can distort the truth within the justice system.

The term “role” is central to understanding this situation. A “role” can mean the function someone holds or the actions they are expected to perform [[1]], which directly applies to the responsibilities of law enforcement officers. In this case, EAC1’s role, as a senior constable, included ensuring the safety and well-being of an individual in custody, yet his actions fell short.

Several factors can contribute to these failures. Unconscious bias, as the report notes, is a significant one. It speaks to existing societal prejudices, as seen when considering an aboriginal man’s self-harm as mere “bunging on.” Such biases are often subtle and deeply ingrained, challenging even those who genuinely aim to be fair.The consequences, as the report illustrates, are devastating.

Understanding the underlying issues is crucial for creating meaningful change.The following delves into the complexities of unconscious bias, the importance of cultural competency training, and provides practical insights toward fostering a more equitable law enforcement system.

The Perils of Unconscious Bias

Unconscious bias influences perception and decision-making, often without conscious awareness.EAC1’s actions, rooted in a preconceived notion of the Aboriginal community’s behavior, highlight its potential for harm. this bias likely stemmed from a combination of personal experiences, societal stereotypes, and inadequate training. The officer’s initial assessment of CAE’s self-harm (“gently banging”) underscores how unconscious bias can cloud judgment, even in crucial moments.

These biases can manifest in several ways, including:

• Stereotyping: Making generalizations about individuals based on their group affiliation.
• Confirmation Bias: Seeking out data that confirms existing beliefs while ignoring contradictory evidence.
• Implicit Association: Unconscious attitudes or stereotypes that influence behavior.

These biases undermine the fairness and impartiality expected from law enforcement officers in their role [[2]], especially when dealing with vulnerable populations like Indigenous Australians.

The role of Cultural competency

Cultural competency training equips officers with the knowledge and skills to interact effectively with people from diverse backgrounds. It’s crucial in dismantling biases and promoting respectful interactions. Effective training programs involve:

• Understanding Indigenous History & Culture: Learning about the history of Indigenous Australians.
• Acknowledging Systemic Injustices: Recognizing the past and ongoing discrimination faced by Indigenous communities.
• Promoting Empathy & Respect: Building awareness of cultural differences.
• Bias Awareness Training: Recognizing and addressing personal and systemic biases.

Expanding these programs and making them mandatory could change the culture. By fostering respect and understanding, police officers can be more likely to treat individuals with dignity.

The LECC’s suggestion to expand training programs is thus vital, but it must be extensive and include ongoing evaluation to measure effectiveness. This is more than just a matter of compliance and a matter of essential human rights.

Practical Steps Toward Reform

Beyond training, several practical steps can contribute to a more equitable police force. These steps should be considered an integral part of any change.

• Autonomous Oversight: Enhance the LECC’s power and resources.
• Data Collection and Analysis: Collect and analyze data on interactions between police and Indigenous australians to identify patterns and trends.
• Community Engagement: Build trust with Indigenous communities through open communication and collaboration.
• accountability Mechanisms: Establish clear accountability measures for officers, especially regarding misconduct and the mistreatment of Indigenous people.
• Policy review: Regularly review and update police policies to eliminate bias and ensure equitable treatment.

What is “role” in the context of this case? “Role” refers to the expected actions and responsibilities of an officer, especially in ensuring the safety of those in their custody [[3]].

How can unconscious bias be addressed? Address unconscious bias through comprehensive training focused on cultural competency, historical awareness, and recognizing individual attitudes and stereotypes.

FAQs

Q: What are the main challenges in addressing unconscious bias in law enforcement?

A: The main challenges include the deeply ingrained nature of biases, resistance to change, and the varying levels of awareness and understanding among officers.

Q: Can cultural competency training effectively change police behavior?

A: Yes, if it is consistently implemented as an ongoing program, combined with a commitment to accountability and systemic improvements.

Q: Why is an independent oversight body essential?

A: Independent oversight builds community trust and accountability allowing for openness and objective investigations into police misconduct.

Q: What role does data collection play?

A: Data collection and analysis exposes patterns of bias, discrimination, and disparity in policing strategies and operations, permitting targeted interventions.

Q: Why are these actions necessary?