← All decisions

1. What was proposedThomas EmersonIndependent · Crossbench
   Read the original wording (480 words)

   That this Assembly: (1) notes that: (a) public confidence in the criminal justice system is vital, including in relation to the culturally safe treatment of Aboriginal people in detention at the Alexander Maconochie Centre (AMC); (b) the ACT has the largest Indigenous incarceration gap in Australia; (c) three Aboriginal detainees recently died in the AMC in a six-month period; (d) the 2025 Healthy Prison Review, the Jumbunna review of the over- representation of Aboriginal people in the ACT criminal justice system, and coronial inquests into individual deaths in custody are currently underway; and (e) notwithstanding the above, recent deaths in custody raise serious concerns that require targeted and thorough examination to ensure systemic improvements for Aboriginal detainees and their families; (2) further notes the ACT Government’s responsibility to ensure that the: (a) conditions, treatment and care of Aboriginal detainees at the AMC are fair, humane and culturally safe; (b) policies, procedures and practices of the AMC align with best practice for the prevention of deaths in custody and the protection of detainees’ rights; and (c) ACT’s criminal justice system works effectively in genuine partnership with the Aboriginal community-controlled sector to ensure the safety and dignity of Aboriginal detainees; (3) calls on the ACT Government to establish a Board of Inquiry into the treatment of Aboriginal detainees at the AMC, particularly in relation to deaths in custody, including within its terms of reference the investigation of: (a) the circumstances surrounding deaths in custody of Aboriginal people at the AMC, including: (i) the adequacy and cultural safety of health care and mental health support provided before and during custody; (ii) the response of corrections staff to medical or psychological distress; and (iii) any systemic failures or contributing factors that may have led to deaths in custody; (b) the treatment and experiences of Aboriginal detainees at the AMC, including the: (i) adequacy of cultural safety policies and their implementation; (ii) availability and effectiveness of rehabilitative, educational and cultural programs; and (iii) use of force, isolation or other restrictive practices; (c) whether any corrections officers or other staff have failed to act in accordance with their duties in relation to: (i) the care, custody, wellbeing and cultural safety of Aboriginal detainees; (ii) the handling of medical, psychological or emergency incidents; and (iii) compliance with policies and procedures designed to prevent harm to detainees; (d) the adequacy of oversight mechanisms, complaints processes and accountability structures in ensuring the humane, fair and culturally safe treatment of Aboriginal detainees; and (e) the ability of external organisations to advocate for and support Aboriginal detainees, including the ACT Human Rights Commission, NSW/ACT Aboriginal Legal Services, ACT Legal Aid Commission, ACT community legal centres, Aboriginal community-controlled organisations (including peak bodies), the ACT Aboriginal and Torres Strait Islander Elected Body, and other relevant organisations; and (4) further calls on the ACT Government to table the Board’s report in the Assembly within 12 months. Debate ensued.

2. Proposed changeMarisa PatersonLabor · Minister7 May 2025

   Grouped by key words as: rewrote the proposal, added reporting or consultation, turned an action into a review, added conditions.

   The exact wording of this change

   Omit all text after paragraph (2)(c), substitute: “(3) calls on the ACT Government to work with the ACT Coroner’s Court to expedite the coronial inquests into deaths in custody which have not yet concluded so that any relevant findings can be taken into account; and (4) noting the impending release of the Jumbunna Institute report, further calls on the ACT Government to: (a) respond to its recommendations as a matter of urgency; (b) commence a Board of Inquiry to thoroughly investigate: (i) the existence of any systemic issues surrounding deaths in custody of Aboriginal people at the AMC, including: (A) the adequacy and cultural safety of health care and mental health support provided before and during custody; (B) the response of corrections staff to medical or psychological distress; and (C) any systemic failures or contributing factors that may have led to deaths in custody; (ii) the treatment and experiences of Aboriginal detainees at the AMC, including: (A) the adequacy of cultural safety policies and their implementation; (B) the availability and effectiveness of rehabilitative, educational and cultural programs; and (C) the use of force, isolation or other restrictive practices; (iii) whether any corrections officers or other staff have failed to act in accordance with their duties in relation to: (A) the care, custody, wellbeing and cultural safety of Aboriginal detainees; (B) the handling of medical, psychological or emergency incidents; and (C) compliance with policies and procedures designed to prevent harm to detainees; (iv) the adequacy of oversight mechanisms, complaints processes and accountability structures in ensuring the humane, fair and culturally safe treatment of Aboriginal detainees; (v) the ability of external organisations to advocate for and support Aboriginal detainees, including the ACT Human Rights Commission, NSW/ACT Aboriginal Legal Services, ACT Legal Aid Commission, ACT community legal centres, Aboriginal community-controlled organisations (including peak bodies), the ACT Aboriginal and Torres Strait Islander Elected Body, and other relevant organisations; and (vi) any other relevant matter from the Jumbunna Institute or coronial inquest findings; and (c) report back to the Assembly on the last sitting day of September 2025 with the date that the inquiry will commence and the date on which it will provide its report and any other relevant information.”. Debate continued.

   Agreed on the voices. No individual votes were recorded. Its wording is in the final text.

3. What the Assembly decidedAgreed

   Decided on the voices: no individual votes were recorded, so this doesn’t show that every MLA agreed.

   Final agreed wording, with changes marked

   That this Assembly: (1) notes that: (a) public confidence in the criminal justice system is vital, including in relation to the culturally safe treatment of Aboriginal people in detention at the Alexander Maconochie Centre (AMC); (b) the ACT has the largest Indigenous incarceration gap in Australia; (c) three Aboriginal detainees recently died in the AMC in a six-month period; (d) the 2025 Healthy Prison Review, the Jumbunna review of the over- representation of Aboriginal people in the ACT criminal justice system, and coronial inquests into individual deaths in custody are currently underway; and (e) notwithstanding the above, recent deaths in custody raise serious concerns that require targeted and thorough examination to ensure systemic improvements for Aboriginal detainees and their families; (2) further notes the ACT Government’s responsibility to ensure that the: (a) conditions, treatment and care of Aboriginal detainees at the AMC are fair, humane and culturally safe; (b) policies, procedures and practices of the AMC align with best practice for the prevention of deaths in custody and the protection of detainees’ rights; and (c) ACT’s criminal justice system works effectively in genuine partnership with the Aboriginal community-controlled sector to ensure the safety and dignity of Aboriginal detainees; (3) calls on the ACT Government to work with the ACT Coroner’s Court to expedite the coronial inquests into deaths in custody which have not yet concluded so that any relevant findings can be taken into account; and (4) noting the impending release of the Jumbunna Institute report, further calls on the ACT Government to: (a) respond to its recommendations as a matter of urgency; (b) commence a Board of Inquiry to thoroughly investigate: (i) the existence of any systemic issues surrounding deaths in custody of Aboriginal people at the AMC, including: (A) the adequacy and cultural safety of health care and mental health support provided before and during custody; (B) the response of corrections staff to medical or psychological distress; and (C) any systemic failures or contributing factors that may have led to deaths in custody; (ii) the treatment and experiences of Aboriginal detainees at the AMC, including: (A) the adequacy of cultural safety policies and their implementation; (B) the availability and effectiveness of rehabilitative, educational and cultural programs; and (C) the use of force, isolation or other restrictive practices; (iii) whether any corrections officers or other staff have failed to act in accordance with their duties in relation to: (A) the care, custody, wellbeing and cultural safety of Aboriginal detainees; (B) the handling of medical, psychological or emergency incidents; and (C) compliance with policies and procedures designed to prevent harm to detainees; (iv) the adequacy of oversight mechanisms, complaints processes and accountability structures in ensuring the humane, fair and culturally safe treatment of Aboriginal detainees; (v) the ability of external organisations to advocate for and support Aboriginal detainees, including the ACT Human Rights Commission, NSW/ACT Aboriginal Legal Services, ACT Legal Aid Commission, ACT community legal centres, Aboriginal community-controlled organisations (including peak bodies), the ACT Aboriginal and Torres Strait Islander Elected Body, and other relevant organisations; and (vi) any other relevant matter from the Jumbunna Institute or coronial inquest findings; and (c) report back to the Assembly on the last sitting day of September 2025 with the date that the inquiry will commence and the date on which it will provide its report and any other relevant informationPaterson.

   Original and final wording compared

   taken out put in

   That this Assembly: (1) notes that: (a) public confidence in the criminal justice system is vital, including in relation to the culturally safe treatment of Aboriginal people in detention at the Alexander Maconochie Centre (AMC); (b) the ACT has the largest Indigenous incarceration gap in Australia; (c) three Aboriginal detainees recently died in the AMC in a six-month period; (d) the 2025 Healthy Prison Review, the Jumbunna review of the over- representation of Aboriginal people in the ACT criminal justice system, and coronial inquests into individual deaths in custody are currently underway; and (e) notwithstanding the above, recent deaths in custody raise serious concerns that require targeted and thorough examination to ensure systemic improvements for Aboriginal detainees and their families; (2) further notes the ACT Government’s responsibility to ensure that the: (a) conditions, treatment and care of Aboriginal detainees at the AMC are fair, humane and culturally safe; (b) policies, procedures and practices of the AMC align with best practice for the prevention of deaths in custody and the protection of detainees’ rights; and (c) ACT’s criminal justice system works effectively in genuine partnership with the Aboriginal community-controlled sector to ensure the safety and dignity of Aboriginal detainees; (3) calls on the ACT Government to [taken out: establish a Board of Inquiry into the treatment of Aboriginal detainees at][put in: work with]the [taken out: AMC, particularly in relation][put in: ACT Coroner’s Court]to [put in: expedite the coronial inquests into]deaths in custody [taken out: including within its terms][put in: which have not yet concluded so that any relevant findings can be taken into account; and (4) noting the impending release]of [taken out: reference]the [taken out: investigation][put in: Jumbunna Institute report, further calls on the ACT Government to: (a) respond to its recommendations as a matter]of [put in: urgency; (b) commence]a [put in: Board of Inquiry to thoroughly investigate: (i)]the [taken out: circumstances][put in: existence of any systemic issues]surrounding deaths in custody of Aboriginal people at the AMC, including: [taken out: (i)][put in: (A)]the adequacy and cultural safety of health care and mental health support provided before and during custody; [taken out: (ii)][put in: (B)]the response of corrections staff to medical or psychological distress; and [taken out: (iii)][put in: (C)]any systemic failures or contributing factors that may have led to deaths in custody; [taken out: (b)][put in: (ii)]the treatment and experiences of Aboriginal detainees at the AMC, including: [put in: (A)]the [taken out: (i)]adequacy of cultural safety policies and their implementation; [taken out: (ii)][put in: (B) the]availability and effectiveness of rehabilitative, educational and cultural programs; and [taken out: (iii)][put in: (C) the]use of force, isolation or other restrictive practices; [taken out: (c)][put in: (iii)]whether any corrections officers or other staff have failed to act in accordance with their duties in relation to: [taken out: (i)][put in: (A)]the care, custody, wellbeing and cultural safety of Aboriginal detainees; [taken out: (ii)][put in: (B)]the handling of medical, psychological or emergency incidents; and [taken out: (iii)][put in: (C)]compliance with policies and procedures designed to prevent harm to detainees; [taken out: (d)][put in: (iv)]the adequacy of oversight mechanisms, complaints processes and accountability structures in ensuring the humane, fair and culturally safe treatment of Aboriginal detainees; [taken out: and (e)][put in: (v)]the ability of external organisations to advocate for and support Aboriginal detainees, including the ACT Human Rights Commission, NSW/ACT Aboriginal Legal Services, ACT Legal Aid Commission, ACT community legal centres, Aboriginal community-controlled organisations (including peak bodies), the ACT Aboriginal and Torres Strait Islander Elected Body, and other relevant organisations; and [taken out: (4) further calls on the ACT Government to table][put in: (vi) any other relevant matter from]the [taken out: Board’s][put in: Jumbunna Institute or coronial inquest findings; and (c)]report [taken out: in][put in: back to]the Assembly [taken out: within 12 months. Debate ensued.][put in: on the last sitting day of September 2025 with the date that the inquiry will commence and the date on which it will provide its report and any other relevant information.]

   Compared word by word by computer, ignoring punctuation. It shows what differs, not which change made each difference; the steps above show that.