NTG urged to permanently abolish all women’s prisons amid David Hollinsworth racism review

The Territory government-commissioned report on racism in the bureaucracy found it was ‘entirely realistic in the short to medium term to close all women’s prisons in the NT’.

The report found jailing Aboriginal women was “usually catastrophic for many others”.

An independent review of racism within the NT government has recommended the permanent abolition of all women’s prisons, concluding women and girls are “massively over-represented” as both victims and offenders.

The NT Government-commissioned report by Adjunct Professor David Hollinsworth recommends the government “aim to close all women’s jails and replace them with suitable residential rehabilitation and training centres”.

Despite an original completion date of August 27, 2022, the final report was only made public on Monday after it was released by Coroner Elisabeth Armitage as part of an inquest into the police shooting death of Kumanjayi Walker in 2019.

“The NTG is committed to reducing violence towards Aboriginal women and girls but needs to recognise the very complex interconnections between the victimisation of Aboriginal women and girls and their offending when implementing programs and especially in the sentencing of Aboriginal women and girls,” it reads.

Prof Hollinsworth found “racism doesn’t operate in isolation” but “in complex interplay” with other characteristics “including class, age, location, sexuality, religion, mental health and disability”.

“But perhaps the most powerful intersectionality is between ‘race’ and gender, or between racism and patriarchy and sexism,” it reads.

“Overwhelmingly and unsurprisingly, female violent offenders are almost invariably victims of chronic domestic and family abuse.

“Efforts to significantly reduce Aboriginal female imprisonment therefore demand sustained attention to reducing violence against Aboriginal women and girls.”

Prof Hollinsworth concluded the historical and social factors driving high rates of Aboriginal women offending and being sent to jail was “a national catastrophe”.

“Incarceration of Aboriginal women (including prior to conviction) is usually catastrophic for many others, especially children, but also for extended kin including other vulnerable women and girls,” he wrote.

“Shockwaves of blame and retribution can reverberate across communities leading to even more violence and social breakdown.

“It is entirely realistic in the short to medium term to close all women’s prisons in the NT and replace them with residential care and training facilities like that currently operating successfully in Alice Springs.”

The report found female violent offenders were ‘almost invariably victims of chronic domestic and family abuse’.

Prof Hollinsworth also found while the number of sentenced prisoners in the NT had increased by 1 per cent between 2017 and 2021, the number of those on remand increased by 32 per cent.

But rather than “a serious overhaul” of bail laws to address the increase, Prof Hollinsworth noted the government had made “bail much harder to get”, including for youths.

“These moves directly abandon the recommendations of the 2016 Don Dale Royal Commission,” he wrote.

The report also calls for the abolition of “paperless arrest” laws, under which police can “arbitrarily detain individuals arrested for ‘infringement notice offences’ for up to four hours”.

“Rates of paperless arrests are declining but remain in principle an abuse of executive powers and constitute the antithesis of the (Royal Commission into Aboriginal Deaths in Custody) recommendation of ‘imprisonment as a last resort’,” Prof Hollinsworth wrote.

Other of the 51 recommendations include the government “enact either a NT Human Rights Act or an Anti-racism Act that would bind all government agencies and statutory authorities to the highest standards of equitable anti-racism practice”.

After the report was delivered to the Coroner under summons last year, department of Attorney-General and Justice acting chief executive Leonique Swart wrote to counsel assisting to advise Prof Hollinsworth was finalising an “action plan” for his recommendations.

“Once finalised it is anticipated the action plan will be provided to the Aboriginal Justice Agreement governance committees for consideration and endorsement,” she wrote on April 12.

“It is anticipated that this will occur in the coming months, enabling the report and action plan to be provided to the Attorney-General by June/July 2024.”