The latest deaths in custody report from the Australian Institute of Criminology has revealed that 33 First Nations people died in custody in 2024–25 — the highest number of First Nations deaths in custody since 1979-80, almost half a century.

The findings come 34 years after the Royal Commission into Aboriginal Deaths in Custody handed down 339 recommendations, most of which have still not been fully implemented. 

Senator Lidia Thorpe continues to call  on the Albanese Government to urgently confront this national shame with concrete national action that keeps First Peoples out of prisons and safe in community.

The AIC report is available here

See below for more information on the reforms Senator Thorpe is calling for.

Quotes attributable to Lidia Thorpe, Gunnai, Gunditjmara and Djab Wurrung independent Victorian Senator:

"This national disgrace is happening on Albanese’s watch — the highest number of our people dying behind bars in almost half a century, in a country that claims to be Closing the Gap.

"The racist ‘tough on crime’ laws we’re seeing nationwide were always going to lead to more deaths. We warned that this would happen. When prisons are full, more of our people die.

"In these horrific figures I see violent colonialism perpetrated by hollow politicians desperate for votes and power. How many more of our people do we need to bury before governments stop sacrificing our lives for political gain?

"Albanese will try to claim this is just a ‘state and territory issue’, but we cannot accept this. The federal government must step in and pull the states and territories into line to stop these deaths.

"The Commonwealth has the constitutional power to legislate national minimum standards across the criminal legal system. Albanese must act now.

"They must also follow through with their commitment to impose funding restrictions on states and territories that are increasing incarceration. The Minister for Indigenous Australians has said she is looking at this. Now is the time to act.

"We know that prisons do not make communities safer — they create more crime in the long term.

"Places like Scotland are dismantling prisons and investing in community, and crime rates are falling.

"This is not about safety. It is about punishment, control, politics and power. Every piece of evidence shows it would be cheaper, safer, and more effective to invest in housing, bail services, income support, disability services and community led services, not cages.

"We’ve known what works for decades. What’s missing is the courage from Canberra to follow the evidence, stop this violence and protect our people. 

"Ending deaths in custody must be a priority for this government."

FURTHER INFORMATION ON JUSTICE POLICY 

Senator Thorpe is calling on the Albanese Government to take real action to address the incarceration and deaths in custody crisis. Her priorities include:

• A national oversight body: to monitor and drive the implementation of the Royal Commission into Aboriginal Deaths in Custody and the Bringing Them Home report.
• A framework of penalties for states and territories: that breach Closing the Gap targets — particularly where states enact policies that drive the criminalisation and incarceration of First Peoples.
• Legislated national minimum standards: for prisons and youth justice, aligned with UNDRIP, OPCAT, CPRD, the Convention on the Rights of the Child, and other relevant international human rights instruments. These standards would include the removal of hanging points; banning spit hoods, solitary confinement, and shackling during childbirth and end-of-life care; and preventing children being jailed in police watch houses. The constitutional external affairs power allows the Commonwealth to legislate such standards.
• An urgent National Cabinet meeting: on deaths in custody and youth incarceration.
• Bail reform: Legislate Pocum’s Law as a minimum standard nationwide, and invest in community-controlled bail support services, including culturally safe bail accommodation for children. Implementing the recommendations of the SCAG bail and remand report.
• Community-led first responders: Expand First Nations-led crisis response services to reduce police contact and incarceration.
• Real justice reinvestment: Scale up and properly fund justice reinvestment, with long-term, flexible funding directed to communities.
• Healthcare in prisons: Guarantee equitable access healthcare in custody, including Medicare, PBS medicines, disability supports, and culturally safe care in custody. Resource First Nations Community-controlled health organisations (ACCHOs)  to deliver prison healthcare and improve access to medicines. Improve disability screening for people in contact with the criminal legal system.
• Increased and sustained funding for legal assistance services, to ensure First Peoples can access justice.