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Tuesday, 8 May 2012
Page: 2798

Attorney-General's

(Question No. 1560)

Senator Siewert asked the Minister representing the Attorney-General , upon notice , on 17 February 2012:

Given that on 5 January 2012 Terrance Briscoe, an Aboriginal man, died in the Alice Springs watch-house after being arrested for drunkenness, and that the investigation into his death is being carried out by the Northern Territory Coroner, Greg Cavanagh, while the police are responsible for collecting all evidence and witness statements:

(1)   Is the Minister aware of: (a) calls for an independent investigation into the death of Terrence Briscoe while in police custody; and (b) a letter sent to the Minister on 2 February 2012.

(2)   Is the Minister aware that in Queensland, following three inquests into the death of Mulrunji Doomadgee, the Coroner rather than the police now investigates deaths in custody.

(3)   Will the Minister commit to ensuring that investigations into deaths in custody will no longer be undertaken by police where police are involved.

(4)   Is the Minister aware that, 20 years after the release of the report of the Royal Commission into Aboriginal Deaths in Custody, the majority of the Royal Commission's recommendations have not been fully implemented; if so, what does the Minister intend to do to address this.

Senator Ludwig: The Attorney-General has provided the following answer to the honourable s enator ' s question.

Investigation of deaths in custody is the responsibility of the coroner's court and investigation teams within police and corrective services within each jurisdiction. I am not in a position to comment on individual cases.

I am aware that there have been calls for an independent investigation into the death in custody of Mr Briscoe. However, this is a decision for the Northern Territory Government. I received a letter on 2 February 2012 from the National Police Accountability Network of the National Association for Community Legal Centres on this issue, to which I am responding.

My Department has agreed to participate in a survey of the implementation of the Royal Commission's recommendations across jurisdictions, being lead by the NSW Aboriginal Legal Service (ALS). The NSW ALS is expected to release its findings in the near future. A special edition of the Australian Indigenous Law Review (which is financially supported by AGD) is being published in 2012 on the 20th Anniversary of the Royal Commission. I understand that it will include articles from a range of contributors on the impact of the Royal Commission and the issues it raised. My Department will consider the findings of both of these reviews once they are released.