Australia is facing a troubling pattern: Indigenous people are dying in custody at rates far higher than their share of the population, marking a four-decade high in fatalities. Fresh figures from the Australian Institute of Criminology show that 33 of the 113 individuals who died in police or prison custody during the latest financial year identified as First Nations. That’s the largest tally since record-keeping began in 1980.
Although Aboriginal and Torres Strait Islander people make up only about 3.8% of the national population, they constitute more than a third of the country’s prison population. In 2024–25, First Nations people accounted for 29% of all deaths in custody, up from 23% the year before and the highest share in over twenty years.
University of Melbourne Associate Professor Amanda Porter, a criminal-law scholar, describes the situation as a national crisis that demands decisive leadership and political action. “It’s maddening to see how many inquests we attend, how many funerals families endure, and that we’re thirty years post‑Royal Commission while the problem worsens,” she commented.
The data reveal stark disparities: when viewed relative to the First Nations population, deaths in prison custody occur at more than 13 times the rate of non-Indigenous deaths, and in police custody the rate is more than 10 times higher. While Indigenous people are less likely to die in custody as a proportion of their prison population, they are far more likely to die relative to the total Indigenous population.
Porter notes that the grief borne by Indigenous families is disproportionately heavy, driving advocacy campaigns. She highlights efforts led by bereaved Aboriginal and Torres Strait Islander families who propose concrete solutions. “Initiatives like the Day family’s push to decriminalise public drunkenness, the Warlpiri campaign to disarm the police, and Dr. Raylene Nixon’s drive to ban chokeholds would improve safety for everyone,” she said.
A poignant line from Porter underscores the broader impact: deaths in custody affect entire communities and future generations. The report also shows a troubling rise in self-inflicted deaths among Indigenous prisoners—the highest since 1979–80, with ten cases and eight resulting from hanging. One victim, 29-year-old Stuart Hume, died in a Western Australian prison in March, with his family alleging a lack of mental-health support.
Indigenous prisoners are dying younger on average—45.5 years versus 63 for other prisoners—while a sizable share of Indigenous deaths occur before conviction, with 42% of such deaths unsentenced. Most Indigenous deaths in custody are categorized as self-inflicted or due to natural causes.
Curtin Law School Associate Professor Hannah McGlade, who is Noongar, calls for substantially better medical and mental-health care inside prisons. “Aboriginal people face higher risks of illness and disease—a legacy of colonialism and ongoing disadvantage—yet prison healthcare remains inadequate,” she said.
In 2024–25, five of six Indigenous deaths in police custody happened during detainment or attempted detainment. In a recent high-profile case, NSW police officer Benedict Bryant was found guilty of dangerous driving causing Jai Kalani Wright’s death; Bryant plans to appeal. Legal experts say this is likely the first conviction related to an Indigenous death in custody since the 1991 Royal Commission into Aboriginal Deaths in Custody.
Jai Wright’s father, Lachlan Wright, urged a new approach: the consequences of inaction are lifelong for families and communities. He emphasized the need for greater support to prevent intergenerational cycles of imprisonment and called for more community-led programs—especially for youth—to help them understand the consequences of their choices and stay out of the justice system.
New South Wales recorded the highest Indigenous death toll in custody among all states and territories in the recent year. In October, the state coroner described the record as profoundly distressing, urging careful, independent scrutiny and accountability for each case.
A NSW government statement described the issue as a serious priority, citing a $16 million program to remove hanging points and noting that rising remand rates—driven by reforms targeting violent offending—help explain the uptick in Indigenous incarceration. The government noted tighter bail rules for violent offenders and for youths facing repeat property offenses.
AIC data show that about three-quarters of Indigenous prisoners who died in 2024–25 were imprisoned for violent offenses. Critics argue that while prison can be an appropriate response to violence, it should not equate to a death sentence, advocating for prevention and early intervention to curb violence—much of which starts in childhood.
Deaths in custody have surpassed 600 since the Royal Commission, with the latest tally at 617 at the time of reporting. The Royal Commission had urged 339 recommendations to prevent further deaths; many advocates and families say governments and institutions have not fully implemented them, including the removal of hanging points and ensuring medical care in prisons matches community standards.
Hannah McGlade contends that many authorities have not taken the issue with the seriousness it deserves. Federal Attorney-General Michelle Rowland acknowledged the tragedy of every death, stressing the disproportionate representation of First Nations people in prisons as a central driver of the overrepresentation in custody deaths. She pointed to federal funding for justice-reinvestment programs and urged states to honor Closing the Gap commitments and align practices with coronial recommendations.
This story isn’t just statistics; behind every figure lies a life and a family whose resilience is tested time and again. The question remains: what bold, collaborative steps will governments, communities, and institutions take next to safeguard Indigenous lives in custody—and who will steer that change? Would you agree that new, community-led prevention strategies should take center stage, or do you see a different path forward?
