Indigenous imprisonment climbs again as courts trial “solutions-focused” approaches to reduce reoffending

The number of Aboriginal and Torres Strait Islander people in prison continues to rise, prompting renewed scrutiny of justice policy settings and growing interest in court models designed to address underlying drivers of offending, including trauma, health issues and unstable housing.

ABC News reported that more than 17,000 Indigenous people are currently in jail, with First Nations people making up about a third of the national prison population. Wirdi barrister Tony McAvoy SC said: “It’s 10 years since the Four Corners program played the footage of the young man with the spit hood on his head and I am embarrassed for the country to say that I still have grave concerns about young people in the Northern Territory.”

The continuing gap between government commitments to reduce incarceration and real-world outcomes, with the story highlighting judges and courts “taking a different approach” – including models that focus on support, accountability and connection rather than punishment alone.

National data underscores the scale of over-representation. The Australian Bureau of Statistics’ latest Prisoners in Australia release shows the Aboriginal and Torres Strait Islander imprisonment rate remains vastly higher than for non-Indigenous Australians, with rates increasing in multiple jurisdictions over the most recent reporting period. The Australian Institute of Health and Welfare has similarly reported First Nations people make up more than one in three adults in prison despite being a small share of the overall adult population.

Evidence on “Indigenous sentencing courts” and related practices is mixed and varies by program design, resourcing and local community leadership. In NSW, for example, the Bureau of Crime Statistics and Research has examined Circle Sentencing outcomes, including impacts on incarceration and reoffending, reflecting broader debates about what works best and where investment should go.

Advocates argue that reducing imprisonment requires more than courtroom innovation – including reforms to bail and remand, culturally safe diversion programs, and long-term investment in housing, mental health, disability supports and family safety services. As Mr McAvoy said, “When you’re talking about making social change, they are long-term projects.”