Our History

The 2005 Review arose from a commitment under the first phase of the AJA to conduct a joint review that examined government’s self-assessments of implementation progress for RCIADIC recommendations through the views and experiences of the Aboriginal community. While government self-assessments identified 61 % of recommendations as complete, the review found significant disparities between what the Aboriginal community was experiencing and what was being reported by government departments and agencies.

The 2005 Review differed to earlier reviews as it was led by two independent and highly respected Aboriginal co-chairpersons and provided a direct channel for Aboriginal views and experiences concerning the implementation of the RCIADIC recommendations. This review found that despite undeniable progress in areas such as education, health and housing and reforms in the criminal justice system, there was still a long journey ahead to implement all RCIADIC recommendations in Victoria. The review found that policies, programs and initiatives reported on by Victorian governments had not achieved the desired outcome of reducing the over-representation of Aboriginal people in police and prison custody. It made 164 recommendations for further monitoring and work to achieve this aim.

The 2018 Review, conducted by Deloitte Access Economics, was commissioned by the Commonwealth to understand implementation progress nationally.

This review was desktop based and informed only by government self-assessments of implementation progress. It has been widely criticised for significant methodological limitations and its failure to engage with Aboriginal people and organisations and their perspectives on progress. The review found that 81 of the 300 RCIADIC recommendations applicable to Victoria had not been fully implemented. Relatively large deficiencies in implementation progress were found in the areas of self-determination, cycles of offending, and non-custodial approaches.

The Coroner’s Court of Victoria (CCoV) is responsible for investigating all reportable deaths, including deaths in custody. Following an investigation, the coroner makes findings as to the cause and circumstances of the death, and sometimes also recommendations that may help prevent similar tragedies.

Coronial investigations of deaths in custody may also consider internal departmental reports, namely those prepared by Justice Health which examine provision of healthcare, and the Justice Assurance and Review Office which examine custodial management and incident response. These reports are not publicly available.

The findings, recommendations, and subsequent responses of coronial investigations will then be published online where an inquest was held, recommendations have been made, or a coroner otherwise orders they be published. However, this means that not all investigations into deaths in custody are published, as only a small proportion (less than five percent) of investigations are held as public inquests and not all findings are accompanied by recommendations

Where a public statutory authority or entity has committed to action in response to coronial recommendations, there is limited ongoing monitoring of whether these actions have been carried out or if these actions have created change or prevented further deaths in custody.

The AJC has raised concerns over the lack of a consistent and transparent process that monitors progress of coronial recommendations in Victoria. There is a need to ensure recommendations made by the CCoV regarding Aboriginal deaths in custody are being addressed in full, to prevent future deaths in custody. Accordingly, this project will examine implementation progress of coronial recommendations arising from Aboriginal deaths in custody in Victoria since 1991. This will also allow systemic issues and responses to be identified.

The RCIADIC emphasised that matters of the Criminal Justice System were very much matters for the States and Territories. In these areas many of the recommendations were quite detailed; and as they were areas of ongoing concern; new problems would inevitably develop. To successfully implement the recommendations, the RCIADIC recommended the establishment of an independent Aboriginal Justice Advisory Committee (AJAC) in each State and Territory to capture the views of Aboriginal people and advise Governments on implementation of recommendations.

The Victorian Aboriginal Justice Advisory Committee (VAJAC) was formed to accurately reflect the opinions of all Aboriginal people, the Advisory Committee should include a group of regionally based members to reflect the views of people who live in regional areas.

In 2001, The Regional Aboriginal Justice Advisory Committees (RAJAC) were established, they operate in addition to and independent of the VAJAC. The Committees operated across Victoria, with five regional Committees. Each RAJAC consists of representatives from Aboriginal community organisations responsible for delivery of justice-related services, and representatives from relevant Victorian Government agencies, the Aboriginal and Torres Strait Islander Commission, and local government. Victorian Government agencies typically included in RAJACs were Victoria Police, Community Corrections, Magistrates’ Court, Juvenile Justice and Sheriff’s Office.

The RAJACs are instrumental in developing and maintaining strong partnerships and plans between Aboriginal communities and justice agencies under the AJA. They play an important role in building community participation and involvement in AJA related work, advocating for program and service changes to improve justice outcomes, providing advice and expertise in the development and implementation of place-based initiatives, and ensuring regional issues are raised and responded to via the AJF.