Imprisonment as a last resort

Arrest and imprisonment should only be used when all other options have been exhausted. The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) called for alternatives to imprisonment—such as summons, cautions, and non-custodial orders—to be prioritised. Contributing factors that lead to high levels of incarceration include over-policing, minor offences like fines, and discriminatory sentencing practices. Recommendations in this theme emphasised the need for systemic change in how Aboriginal people are policed, in court processes, and in the support provided to avoid incarceration. Resourcing for programs for young people and Community Justice Initiatives were a particularly high priority.

Although Victoria has taken several steps to address these issues, the AJC found that arrest and imprisonment are still too frequently used against Aboriginal people. Data shows Aboriginal people are still more likely to be arrested than non-Aboriginal people (46% vs 39% in 2023), with stark variation across regions. The AJC also highlighted the enduring impact of criminal records and called for stronger implementation of the Spent Convictions Act 2021 (Vic).

The AJC regards these recommendations as highly relevant, noting that mandatory sentencing and inconsistent practice continue to undermine progress, and that legislative change must be matched by cultural and procedural reform. The AJC continues to push for stronger accountability, legislative review, and meaningful alternatives to custody that uphold Aboriginal self-determination and reduce over-incarceration.