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Aboriginal and Torres Strait Islander viewers are advised that this website contains the names and images of people who have passed
19
Immediate notification to the family of the deceased
That immediate notification of death of an Aboriginal person be given to the family of the deceased and, if others were nominated by the deceased as persons to be contacted in the event of emergency, to such persons so nominated. Notification should be the responsibility of the custodial institution in which the death occurred; notification, wherever possible, should be made in person, preferably by an Aboriginal person known to those being so notified. At all times notification should be given in a sensitive manner respecting the culture and interests of the persons being notified and the entitlement of such persons to full and frank reporting of such circumstances of the death as are known.
Given ongoing systemic racism in the police force and the historical and contemporary role of police in systemic violence against Aboriginal people, many Aboriginal families have little trust in the police and, in some cases pertinent reasons to fear a visit from the police. Additionally, Victoria Police are often culturally insensitive, and do not have the skills and experience to engage with Aboriginal families in relation to such a sensitive issue.
Aboriginal Justice Caucus Assessment
Recommendation 19 aimed to ensure that families are notified immediately and in a culturally sensitive way when an Aboriginal person passes in custody.
Corrections Victoria and Victoria Police have updated policies and guidance that align with the intent of this recommendation. Corrections Victoria have specific protocols for managing Aboriginal passings in custody that emphasise the need for cultural sensitivity. Detailed procedures are outlined including the responsibility of the General Manager to promptly provide family contact details to Victoria Police to enable the family to be notified.
The Aboriginal Justice Caucus (AJC) discussed past cases where there had been delays in informing families due to difficulties determining the next of kin, communication gaps, and locating families to notify them.
We know that the timing doesn't always work…it would be interesting to map the process between a publicly run prison, and a privately run prison, to see whether they're following the same process…They should be, but whether the times match up, we don’t know.
(Ebony Hickey, Chairperson, Barwon South West Regional Aboriginal Justice Advisory Committee)
The Victoria Police Manual emphasises the required urgency and cultural sensitivity of death notifications, with specific guidelines for notifying Aboriginal families. While acknowledging protocols are in place, the AJC remain concerned about the role of Victoria Police in the notification process, and delivery of sensitive information about Aboriginal passings in custody by non-Aboriginal people:
The notification to an Aboriginal family member about the death of their loved one must always be done by an Aboriginal person, and where possible, that person should be known to the family. If that is not possible, it should be done by individuals who have the skills and experience to do so in a way that is culturally appropriate and takes into account relevant Aboriginal spiritual and cultural practices associated with death and healing.
(Victorian Aboriginal Legal Service)
Current notification procedures could be further enhanced to support Aboriginal families and the delivery of sensitive information in a culturally responsive and respectful way.
Priority for Further Work:
Moderate
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Guidelines for culturally appropriate notification of the passing of an Aboriginal person
Establish clear guidelines to ensure Aboriginal families receive information in a way that is culturally appropriate and takes into account relevant Aboriginal spiritual and cultural practices associated with death and healing.
Training for culturally appropriate notification
Train non-Aboriginal individuals to notify Aboriginal families about the passing of their loved one and provide information about appropriate counselling and support services. This must also apply to notifying kin in custody of their loved one's passing.
In person notifications to include an Aboriginal person
Promptly and in person notify family members with an Aboriginal person present. Involve the Coroners Aboriginal Engagement Unit in notifications if possible.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the critical need for immediate, culturally sensitive, and transparent notification to families when an Aboriginal person dies in custody. It called for custodial institutions to promptly inform the deceased’s family and emergency contacts, preferably in person and through an Aboriginal representative, to ensure respect for cultural values and reduce the risk of further trauma. This approach acknowledges the historical mistrust between Aboriginal communities and law enforcement, aiming to foster trust, provide clarity, and uphold the dignity of those affected.
Actions Taken Since Last Review
Protocols are in place for notifying family when an Aboriginal person passes in custody. Ultimately, Victoria Police are responsible for notifying families when a loved one passes in police or corrections custody.
Corrections Victoria
In their 2024 response to this recommendation, Corrections Victoria noted that in 2022 the Department of Justice and Community Safety released the Communications and Notifications Protocol - Passings in Custody. It confirms the roles and responsibilities, agreed protocol and process for communications and notifications of all deaths in the custody of Corrections Victoria. The protocol continues to be updated on a regular basis, with the most recent update occurring in June 2024.
Corrections Victoria noted in their response to Recommendation 10 that Victoria Police is responsible for notifying the Next of Kin in the event of a passing in custody. After this notification has taken place, Victoria Police advises the Coroner and Corrections Victoria.
The Naalamba Ganbu and Nerrlinggu Yilam - a team of Aboriginal staff in Corrections Victoria – lead all necessary communications and liaison with the family about prison matters.
Victoria Police
Victoria Police is responsible for informing families about deaths in custody.
The Victoria Police Manual (VPM) states that members delivering death notifications must do so in person and as a matter of urgency. Attending members are expected to liaise with their divisional patrol supervisor regarding this process. Members are encouraged to seek advice from the Aboriginal Community Portfolio Manager, Priority and Safer Communities Division within Victoria Police or the Koori Justice Unit in the Department of Justice and Community Safety (DJCS).
Where the death of an Aboriginal person occurs in police custody, information about that death may only be released by the divisional patrol supervisor, Media Unit, Coroners Court of Victoria or Professional Standards Command.
The Victoria Police lead investigator is to inform the Aboriginal Community Portfolio Manager and Koori Justice Unit, DJCS of the death and relevant circumstances.
Impact
Outputs
Corrections Victoria noted in their 2024 response that:
There are no specific measures or outputs associated with notifying Victoria Police of a passing in custody. However, separate to Victoria Police notification at a local level all passings are immediately reported to the Deputy Commissioner, Custodial Operations who notifies departmental executives (including the Aboriginal Justice Group). As such there is local and central oversight of the required processes being followed. CV also has a dedicated leadership role that liaises with all relevant persons to gather information on passings in custody and prepare formal briefings where required.
As above, Commissioner’s Requirements outline the process for prison staff to notify Victoria Police of a death in custody and the deceased’s family details. Police are expected to notify families in person and as a matter of urgency, in accordance with guidance provided in the Victoria Police Manual and any additional guidance provided by the Aboriginal Portfolio Manager within Victoria Police or the Koori Justice Unit in DJCS.
Outcomes
Several protocols and guidelines exist within Victoria Police and Corrections Victoria to promote culturally sensitive notifications and support. However, while these protocols exist, the Victorian Aboriginal Legal Service (VALS) reiterate the need for Aboriginal families to be notified by Aboriginal people, not Victoria Police, to ensure culturally safe and sensitive practices.
Community Views
Victorian Aboriginal Legal Service
In their 2021 Submission to the Review of Experiences of Bereaved Families going through a Coronial Process, VALS expressed several concerns about the process of notifying Aboriginal families about the death of a loved one, citing a lack of cultural sensitivity and respect.
Appropriate, timely and sensitive notification – including culturally appropriate notification - is not only essential to mitigate additional harm and trauma for family members, it is also vital to enabling families to exercise their legal rights, including rights over the custody of the body.
VALS outlined several reasons why it is ‘completely inappropriate’ for Victoria Police to notify Aboriginal families of the death of a loved one:
Given ongoing systemic racism in the police force and the historical and contemporary role of police in systemic violence against Aboriginal people, many Aboriginal families have little trust in the police and, in some cases pertinent reasons to fear a visit from the police. Additionally, Victoria Police are often culturally insensitive, and do not have the skills and experience to engage with Aboriginal families in relation to such a sensitive issue.
VALS conclude that a lack of clear process and cultural awareness of police and correctional staff have contributed to families experiencing additional trauma and harm when notified of the death of their loved one:
In some cases, including matters where a person has passed away in custody, family members are not notified of the death of their loved one and instead receive this information second hand, via avenues such as social media and media. Similarly, there have been inappropriate and traumatic examples of notification to family members who are in custody at the time.
VALS made several recommendations to ensure Aboriginal families are notified in a culturally appropriate way by an Aboriginal person, and the Coroners Koori Engagement Unit is involved wherever possible:
- Family members should be notified of the death of their loved one by an Aboriginal person and where possible, that person should be known to the family. Notification should occur immediately, and in person where possible. Notification should not be by Victoria Police.
- All authorities responsible for the custody or care of individuals (including Corrections Victoria, Victoria Police, Youth Justice, Child Protection and health facilities) must update or develop clear protocols to reflect the above.
- When an Aboriginal person passes away in custody or care, the relevant agency should contact the Coroners Court immediately and the Coroners Koori Engagement Unit should also be notified immediately. Wherever possible, and unless this would cause undue delay, the relevant authority should consult with the Coroners Koori Engagement Unit regarding the notification to the family.
• Non-Aboriginal people who are involved in notifying Aboriginal families about the death of their loved one, must be adequately trained in cultural awareness, systemic racism, unconscious bias, and therapeutic and trauma-informed approaches.
- At the time of being notified about the death of their loved one, Aboriginal family members should be informed about culturally safe counselling and support services and access to these services should be funded by the Coroners Court.
- When an Aboriginal family member is in police or prison custody at the time that their loved one passes away:
(a) The family member should be notified by the relevant Aboriginal Liaison Officer.
(b) If there isn’t an Aboriginal Liaison Officer at the custodial facility, authorities should consult the Coroners Koori Engagement Unit, unless this would cause undue delay.
(c) Corrections Victoria and Victoria Police should update their protocols to reflect this.
- When an Aboriginal family member is in custody at the time that their loved one passes away, they should be provided with culturally safe counselling and support, including through Aboriginal health services. Special dispensation through compassionate leave should be granted if the service needs to be accessed on a supervised basis away from the custodial institution.