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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2022-07-06 Daily Xml
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Aboriginal Detention

The Hon. H.M. GIROLAMO (14:40): My questions are to the Minister for Aboriginal Affairs regarding Aboriginal representation in prisons and youth training centres. Does the minister agree that Aboriginal children and adults are over-represented in our state's prison and youth training centres? What specific actions has the minister taken to date to address this issue?

The Hon. K.J. MAHER (Attorney-General, Minister for Aboriginal Affairs, Minister for Industrial Relations and Public Sector) (14:41): I thank the honourable member for her question. As I have outlined already, yes, I am concerned that Aboriginal people are over-represented in our men, our women and our children who are detained. This is the case in South Australia, and it is the case in every state and territory in this nation that Aboriginal people are far, far over-represented in the criminal justice system.

As I have outlined, there are a number of things that we already have underway. We will shortly have established a commission into the incarceration of Aboriginal people that will concentrate on adult Aboriginal people but will also look at what responses there might be for young Aboriginal people who come into contact with the criminal justice system and find themselves incarcerated.

As I have answered in a couple of questions from the Hon. Robert Simms, the minimum age of criminal responsibility is something we are considering as a state. I know that the attorneys-general around Australia have made a commitment to raise the age of minimum criminal responsibility to 12. We are considering what that means for South Australia. Also looking at what other states are doing, the Australian Capital Territory is soon to move to a minimum age of criminal responsibility of 14. I think Tasmania has flagged an intent to look at that path, and we are keenly looking at what those states are doing and how they are doing it.

In addition to that, as I mentioned when the Hon. Jing Lee asked a question, we are currently in the final stages of consultation of putting into legislation the operations of the Nunga Court in South Australia, Australia's first Aboriginal sentencing court. So yes, it is a concern, and we are getting started on doing things to try to address that.

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