Independents for Canberra have added their voices to the ever-growing chorus calling for a review of the ACT’s criminal justice system. The Canberra Liberals, the Belco Party, victims’ rights groups, and police unions are also adamant that the system must be overhauled.

Independents for Canberra say their review would investigate rates of reoffending, youth offending and diversion, policing approaches and resources, justice reinvestment, bail, sentencing, corrections, family and domestic violence, and the ACT’s prison, the Alexander Maconochie Centre.

All are policy areas where many believe the ACT Government’s approach is failing. In the lead-up to next month’s election, Canberra Daily will investigate these issues, talking to both the government and other bodies. (The first story in this series, examining recidivism and rehabilitation, was published yesterday.)

The Independents for Canberra have promised effective diversion and rehabilitation programs, particularly for young people and repeat offenders; to reduce the Indigenous incarceration gap; and to lighten the load for the police force.

“We’ve heard far too many stories of our criminal justice system failing both victims and offenders in Canberra,” an Independents for Canberra spokesperson said.

“A comprehensive independent review of our criminal justice system is the only way to get to the bottom of what’s going wrong in the ACT and start delivering fair outcomes. We need a forward-thinking system that reduces repeat offending and keeps our community safe.”

Independents for Canberra are concerned by the facts that the ACT has Australia’s highest rates of reoffending and the largest Indigenous incarceration gap – and that both are worsening.

Although Attorney-General Shane Rattenbury said yesterday that the ACT would meet its target of reducing recidivism by 25 per cent by 2025, Inspector Mark Richardson, candidate for Ginninderra and officer in charge of ACT Road Policing, argues that the government’s measurements are invalid, and the increased use of Community Corrections orders for repeat offenders may be artificially lowering the recidivism rate.

Almost two-thirds (63.7 per cent) of offenders released from the AMC return to corrective services within two years, Independents for Canberra noted; that number increased in 2022-23. 80 per cent of inmates and more than 90 per cent of Indigenous inmates (the highest rate in the country) were imprisoned before.

Reoffending rates are higher than they were 12 years ago, and Indigenous incarceration has increased by 250 per cent during that period, justice reform advocate and bereaved father Tom McLuckie said. The AMC breached its Human Rights Act by having remand prisoners detained beside sentenced prisoners.

Inspector Richardson described the ACT’s criminal justice system as a “revolving door” where the same offenders frequently reappear. He attributed this to insufficient funding for justice reinvestment.

“ACT Policing is buckling under the strain of a system that’s failing to rehabilitate offenders and ensure the safety of our community,” Inspector Richardson said. “Our police force is not equipped to do the work we are expected to do. The workload is unrelenting and unsustainable.”

In 2022-23, ACT Policing attended 4,166 mental health related incidents and 3,308 family violence incidents.

“On average, 20 policing call-outs per day are related to mental health issues or family violence in Canberra,” Inspector Richardson said. “What are we doing to turn the tap off when it comes to mental health and family violence-related crime?

“We need a comprehensive independent review of our criminal justice system to depoliticise the safety of our community and get to the bottom of what’s going wrong in the ACT.”

More than 40 per cent of inmates at the AMC report untreated mental health issues at the time of incarceration, and roughly 30 per cent have an intellectual disability.

Indigenous Canberrans are 24.6 times more likely to be incarcerated than non-Indigenous Canberrans. Although only 2 per cent of the overall population, Indigenous people comprise 27 per cent of the ACT prison population.

“We should be deeply ashamed of the level of Indigenous over-representation in our criminal justice system,” said Thomas Emerson, Independents for Canberra’s leader and candidate for Kurrajong. “When it comes to incarceration, it’s worse for you to be Indigenous in Canberra than anywhere else in the country. The data flies in the face of our claim to being the most progressive jurisdiction in Australia.”

Both Tanya Keed, outgoing chair, and Paula McGrady, outgoing deputy chair, of the ACT Aboriginal and Torres Strait Islander Elected Body (ATSIEB) have worked in ACT detention centres, and are calling for reform.

Ms Keed said she had spent many years working with inmates in the AMC. She says there is a major lack of diversional and rehabilitation programs for detainees on their release from prison.

“We need sufficient culturally-sensitive wraparound services to break cycles of poverty, substance abuse, trauma and crime in community,” Ms Keed said. “We are not breaking these cycles, which is why our people are going backwards. The Attorney-General [Shane Rattenbury] said he wanted to build communities, not prisons. How is this possible when detainees are not rehabilitated before re-entering our communities?”

Ms McGrady, Independents for Canberra candidate for Murrumbidgee, has worked in crisis support her entire life, including more than five years working with young people at Bimberi. She believes the justice system is failing people at every stage, from diversion to detention to parole, leading to high rates of recidivism.

“Incarceration is a big blow to anyone,” Ms McGrady said. “People awaiting conviction in the ACT are locked up too long while the system drags its feet. Worse, rehabilitation programs aren’t available for those on remand.”

She called for immediate, culturally safe interventions, especially for Indigenous people on remand, to prevent long-term incarceration and a life of “helplessness and hopelessness”.

Tom McLuckie said he supported a comprehensive independent inquiry into the ACT’s criminal justice system.

Two years ago, the government rejected Mr McLuckie’s e-petitions and a Canberra Liberals motion for an independent review of the ACT judiciary’s sentencing and appointments and for an overhaul of criminal sentencing and penalties for repeat offenders. The e-petitions had the second most support of any in the ACT’s history.

“For many years, it has been apparent that our current approach to reoffending, including intervention and diversion for youth offending, is not working,” Mr McLuckie said.

“I have spent the last two years trying to get the government to take this seriously, but I’ve been ignored at every opportunity. Only a complete independent review of the entire criminal justice system can move us forward.”

The Belco Party is also committed to an independent review of the whole of the justice system.

“It is one of our major policies,” Jason Taylor, Yerrabi candidate and former police sergeant, said. “It is something that we’ve repeatedly called on the current Government to initiate for nearly two years. This review will encompass everything from bail and sentencing, how legislation is drafted (particularly how the Justice and Community Safety Directorate interacts with stakeholders), and how we rehabilitate and reintegrate offenders (which, of course, means how we fund and deliver programs for both incarcerated and non-incarcerated offenders). This review will allow for issues to be identified, and recommendations on addressing these issues will be made. This will give the next Government a blueprint to administer effective, meaningful and long-lasting justice reform. This is in the best interests of the ACT community.

“This will only be able to be achieved via an independent panel, that sits outside of Government and Directorate control and influence.”

ACT Greens: Early childhood policy

The ACT Greens have announced a plan to provide 18 hours of free early childhood education and care to all three- and four-year-olds by 2028, expanded to 30 hours by 2034.

Greens MLAs Laura Nuttall and Rebecca Vassarotti say their policy would set kids up for life by enhancing their social, cognitive, and emotional development, while providing much-needed cost-of-living relief for families.

They argue that affordable childcare would allow both parents to work without financial strain, and tackle gender inequality by reducing the disproportionate impact on women as primary caregivers.

The Greens would also provide scholarships for educators and support to complete master’s degrees.

New members of ACT Reconciliation Council

The ACT Government has appointed three new members to the ACT Reconciliation Council: Caitlin Figueiredo, 2024 ACT Young Australian of the Year, and a human rights and social policy advocate; Natalija Bogojevic, a social worker and psychotherapist; and Ravi Krishnamurthy, an active participant in several multicultural and cultural organisations.

The Council acts as a bridge between the Aboriginal and Torres Strait Islander communities and the broader Canberra community, fostering understanding, respect, and collaboration. It promotes awareness and understanding of First Nations histories and cultures, and organises Reconciliation Day (27 May) and other events.