The systemic incarceration of Indigenous women in the Australian Capital Territory: exploring alternative spaces for justice

Abstract

It is now more than three decades since the landmark 1991 Royal Commission into Aboriginal Deaths in Custody Final Report recommended that imprisonment should be used as a sanction of last resort, and yet the rate of Indigenous women’s incarceration is noticeably higher and is increasing at a more rapid rate than for any other cohort in the adult and juvenile justice system. This trend severely impacts Indigenous women, along with children, families, and communities, undermining social, cultural, and emotional well-being across generations. Despite numerous government reports, little progress has been made in addressing this critical issue.
This study adopts a novel approach by centring Indigenous women’s voices in imagining an alternative future, grounded in principles of self-determination. The theoretical framework privileges Indigenous knowledge systems and recognises the right of Indigenous Peoples to determine their own pathways to justice and wellbeing. Focusing on the Australian Capital Territory (ACT), the research explores the perspectives of formerly incarcerated Indigenous women and community members on the drivers of mass incarceration and potential solutions. It investigates grassroots efforts to reduce Indigenous women’s contact with the criminal justice system and identifies necessary support and resources for community-driven responses that promote safety and well-being without resorting to imprisonment.
In this project what is deemed ‘worthy’ as research and what research questions are being asked was determined using an Indigenous female standpoint theoretic lens. An all-female Indigenous Women’s Project Advisory Group (panel of experts including members with lived experiences of criminalisation, criminologists and community legal experts) was established to consult on research design, fieldwork and data analysis. This project is also being conducted in partnership with ACCOs in the ACT specialising in justice and Indigenous women’s advocacy. This design allows a diversity of voices to be heard on criminal justice issues and ensures Indigenous women’s voices lead those discussions.
The amplification of Indigenous women’s voices in this project has the potential to make a meaningful contribution by identifying transformative pathways to justice, challenging systemic racism, and fostering a strength-based narrative that portrays Indigenous women as resilient leaders and survivors. Ultimately, this research aims to inform policy and practice, paving the way for more effective, community-centred approaches to reducing Indigenous women’s contact with the criminal justice system.

Date of Award	2025
Original language	English
Supervisor	Dennis FOLEY (Supervisor), Alison GERARD (Supervisor) & Leanne WEBER (Supervisor)