Chapter 7Conclusions and recommendations
7.1The committee commenced this inquiry aware that its work would require engaging with distressing personal experiences; indeed, the very worst experience for many families. The experiences shared with the committee were difficult to hear and confronting. The stories of loss, grief and trauma suffered by First Nations peoples are heart breaking. As Senator Dorinda Cox remarked, ‘this is truth telling, and this is hard’.
7.2The committee is both humbled and indebted to the families willing to relive their experiences and discuss the abuse, violence and trauma they have suffered, and the failure of institutions and systems tasked with protecting them.
7.3The strength and resilience of the families whose loved ones have been murdered or disappeared was palpable. Their fight for justice—in some cases over decades—is inspiring. That those families, and many other First Nations families, have had to pursue justice over such lengthy periods of time is evidence of the failure of the institutions and systems meant to provide justice for all Australians.
7.4For many First Nations women and children who have been murdered or disappeared, there has been little, if any, justice. In too many instances, the suspected or identified perpetrator has not been held to account for their shocking crime. What happened to these women and children is reprehensible. Often, it was predictable and preventable. And it continues to happen.
7.5In circumstances where, over many years, there have been numerous inquiries and reports investigating the abuse and violence inflicted upon First Nations people generally, and First Nations women and children specifically, the committee wholeheartedly agrees that yet more acknowledgement of problems already recognised and recommended solutions already identified, is not the answer. The committee heard loud and clear the exasperation, frustration and, in some cases, well-founded anger of those with whom it engaged. In response, the committee intends this report to be a call to action.
Extent of the murders and disappearances
7.6The committee heard that the raw data on disappeared and murdered First Nations women and children is collected by the states and territories.
7.7In relation to missing people, data collection inconsistencies across jurisdictions—such as for Indigenous status—mask the true extent of the disappearances, however, the available data shows that there is a high and grossly disproportionate number of disappeared First Nations women and children, compared to their non-Indigenous counterparts. Across the whole of Australia, the data is deeply disturbing. In the Northern Territory, the data is horrendous.
7.8In relation to homicide victims, the data again shows that First Nations women and children are significantly over‑represented as homicide victims. It is extremely disconcerting to note the extended trend data and the fact that this is happening in contemporary Australia.
7.9The committee also heard that state and territory data are affected by under‑reporting. First Nations children and young people in out-of-home care are often not reported absent or missing from residential care, the implication being that they are getting lost in care and protection systems. Equally concerning, the committee heard that First Nations people do not report incidents, or choose to withhold their Indigenous status, due to fear of police and child protection services.
7.10There have been and are ongoing efforts to improve the data, through, for example, the Police Consultative Group on Missing Persons development of a Missing Persons Minimum dataset, the Data Development Plan 2022‑2032 and the recent announcement of funding for First Nations-led research into domestic, family and sexual violence (DFSV).
7.11At present, the outcome of these efforts is indeterminate; however, it is an improvement on the current position, where there are discernible data gaps with respect to disappeared and murdered First Nations women and children. Once complete, the data will serve to better inform policy, services and program development, as well as recognise the loss suffered within our communities.
7.12This is an area which deserves further monitoring and oversight by the Parliament. For convenience, we deal with this in Recommendation 3.
Recognition
7.13Stakeholders identified the ongoing impacts of colonisation and gendered factors as the key causes and drivers of violence against First Nations women and children.
7.14The committee heard evidence that these factors are intersectional and exacerbated by intergenerational trauma resulting from racist and/or colonial policies, laws and practices, particularly the forced removal of First Nations children from their families, communities and lands. The committee saw firsthand the trauma inflicted on First Nations women and children across generations.
7.15To support healing, the committee considers it essential for governments, themedia and the Australian community to better understand that First Nations women and children are being murdered and disappeared to a much greater extent than their non-Indigenous counterparts.
7.16To this end, the committee considers that it would be entirely proper for those women and children to be recognised and remembered in a culturally appropriate and nationally significant way, with First Nations families and communities to determine how.
7.17The committee recommends that federal, state and territory governments codesign with First Nations families and communities, and on behalf of all Australians, aculturally appropriate and nationally significant way in which to recognise and remember the First Nations women and children who have been murdered or disappeared.
Policing and criminal justice system
7.18The committee heard evidence that Australia’s policing and criminal justice systems discriminate against First Nations people, including women and children, and that this discrimination manifests in substandard (racist, sexist, disrespectful, unprofessional and negligent) responses to missing persons reports and homicide investigations.
7.19Police forces, prosecutors and coroners rejected that their responses distinguished between First Nations and non-Indigenous people, and argued that everyone is treated equally.
7.20The committee notes that there have been apologies issued by governments and police services in relation to some of the cases considered by the committee. Insome cases, this has taken years of advocacy. Further, the Northern Territory Police Commissioner made an apology at the most recent Garma Festival. Shortcomings have been recognised. The focus now must be on ensuring that all is being done to implement best practice police services across Australia to address the issues considered in this report.
7.21The committee received clear evidence from families and other stakeholders of the impact of discrimination and racist attitudes. Some of the stories shared with the committee were appalling and shocking.
7.22Amongst First Nations communities, distrust of the police and other government institutions and systems is rife and persists. In many cases this leads to First Nations women and children not seeking assistance, even in the most desperate of circumstances. This is deeply troubling to the committee. Itmust be addressed.
7.23Police forces, prosecutors and coroners provided information regarding the cultural awareness, cultural safety and trauma-informed training within their organisations, as well as the representation, support and promotion of First Nations people within them.
7.24These measures are welcome and are intended to improve interactions and engagement with the policing and criminal justice systems. There has been further reform and refinement of programs over the last few years in a number of jurisdictions. The quality and extent of existing training varies, and consistent implementation will be critical to promoting better outcomes.
7.25The committee was very pleased to hear of the positive and proactive work by the Directors of Public Prosecution (DPPs) in New South Wales (NSW) and Western Australia (WA) to improve their engagement with First Nations families, particularly with respect to decisions made by prosecutors.
7.26Similarly, the committee was heartened by reforms in the Coroners Court of NSW and Coroners Court (Queensland) that recognise their practices have traditionally been a barrier to First Nations families receiving meaningful outcomes from coronial processes and are seeking to address this.
7.27While there is more work to be done to ensure First Nations families are engaged in effective and purposeful ways by public prosecutors and coroners, thecommittee commends the DPPs in NSW and WA and the coroners in NSW and Queensland for taking these important first steps. The committee urges other states and territories to follow this lead. The barriers to First Nations people being able to fully participate in the justice system and receive the justice to which they are entitled must be removed.
7.28While the committee is optimistic about reforms by DPPs and coroners in some jurisdictions, the committee remains gravely concerned about the evidence it received in relation to policing practices, notwithstanding the reforms in some jurisdictions. This is because of the strong evidence received by the committee of the importance of police practices in addressing the issues considered in this report.
7.29On the basis of the evidence received, the committee shares the reservations expressed by the former Aboriginal and Torres Strait Islander Social Justice Commissioner, MsJune Oscar AO, who has emphasised that reform of police practices and behaviours is not occurring at the pace or scale required (paragraph 4.2). The committee did receive evidence of further reform and refinement of police practices and behaviours in some jurisdictions in the last few years. That is to be commended, but must be viewed in the context of the horrendous case studies provided to the committee.
7.30The committee cannot over emphasise how disturbed it was by the case studies presented to it. In these studies, First Nations women and children in their most vulnerable moments were failed by the police services meant to protect them and their family. Whilst reforms have been implemented in some jurisdictions, the goal must be to ensure that all is now being done across the whole of Australia to implement best police practices so that the systems and culture are in place to address the disturbing issues considered in this report. It is only in this way that trust can be built between our police services and First Nations women and children.
7.31There must be independent and effective mechanisms to deal with complaints about the conduct of police and police investigations, including those concerning homicide investigations and responses to missing persons reports involving First Nations women and children. For there to be confidence and trust in the justice system, police forces should not be solely responsible for handling complaints about, and conducting reviews into, their own mistakes and alleged misconduct, with no external oversight.
7.32In view of the extensive information received during this inquiry about police culture and practices, it is clear that there must be further urgent action to ensure that best police practices are implemented across Australia in relation to police interactions with First Nations people. There is an opportunity for police services across Australia to work with each other, learning from each other’s experiences and the success or otherwise of previous reforms, to implement best police practices across Australia that will build trust between police services and our First Nations women and children.
7.33The Commonwealth government does not have responsibility for state and territory police services. However, there is an opportunity for the Attorney-General to advance the matter through the Police Ministers Council and to provide leadership. The committee sincerely hopes that state and territory police services will be open to cooperatively working with each other on these issues.
7.34The committee recommends that the Attorney-General tasks the Police Ministers Council to review existing police practices in each jurisdiction, consider the learnings from each jurisdiction and aim to implement and harmonise best police practices across Australia by no later than 31 December 2025, with the goal of ensuring all interactions with First Nations people are consistent and of a high standard, including standards of cultural awareness and safety. In performing this role, the committee recommends that the following practices and procedures be considered:
ongoing and mandatory cultural awareness training for all employees (that is, both sworn and civilian members);
training courses developed and led by First Nations people, including components on lived experience, trauma-informed practice and effective communication;
recruitment, support and promotion of First Nations people, including to senior management positions; and
appropriate guidelines for the review of past cases involving disappeared and murdered First Nations women and children where families are seeking review. These should be replicated through the justice system as recommended by the NSW State Coroner in the inquest into the death of Mona Lisa Smith and Jacinta Rose Smith (referred to in this report).
7.35The committee recommends that the Senate Legal and Constitutional Affairs Legislation Committee or the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs, or such other appropriate body, monitors progress in meeting Recommendation 2 and the progress of measures to address the issues relating to discernible data gaps (paragraph 7.11).
7.36Participants in the inquiry repeatedly emphasised that the experiences and voices of First Nations people, especially women, must be central to addressing abuse and violence towards them. First Nations women are strong and resilient. They are the people best placed to outline the solutions that will work for them and their communities.
7.37Consistent with this view, the committee considers that the Domestic, Family and Sexual Violence Commission should be resourced to enable the appointment of a First Nations person with specific responsibility to advocate for First Nations women and children and to collaborate on policy, programs and services specific to them.
7.38The committee recommends that the Commonwealth government appoints a First Nations person with specific responsibility for advocating on behalf of and addressing violence against First Nations women and children within the Domestic, Family and Sexual Violence Commission. Detailed consideration should be given to the way in which the position is created within the Domestic, Family and Sexual Violence Commission (for example, should it be Commissioner or Deputy Commissioner level), the powers of such position and the necessary funding for such position to maximise effectiveness.
Access to the legal system
7.39In relation to the legal system, the committee heard—not for the first time—that legal assistance providers and interpreter services are under-funded and are therefore ill equipped to meet demand from First Nations women. Stakeholders particularly identified a need to better resource gendered specialist services (women’s legal services and First Nations women’s legal services), including those with wrap-around, holistic and drop-in services, and those which operate in regional and remote areas.
7.40The committee is concerned that First Nations women who do not receive these services are unaware of their legal rights and entitlements, and might therefore find it difficult to leave abusive relationships. As shown throughout this report, that entrapment can have tragic consequences.
7.41A month prior to the tabling of this report, Dr Warren Mundy completed an independent review of the National Legal Assistance Partnership 2020–2025. DrMundy made multiple recommendations to reform legal assistance funding.
7.42The committee especially agrees with Dr Mundy’s recommendations that will promote sustainable, needs-based funding in regional and remote areas for First Nations women attending gendered and Aboriginal community-controlled specialist services and Aboriginal community-controlled services.
7.43The committee recommends that the Australian government urgently gives effect to the relevant recommendations in the Independent Review of the National Legal Assistance Partnership 2020–2025, in particular Recommendations 2–3, 9 and 11–12, and specifically addresses the need to increase the geographic spread and capacity of Family Violence Prevention Legal Services.
Breaking the cycle of violence
7.44The committee acknowledges the invaluable work of the Wiyi Yani U Thangani (Women’s Voices) project; this project has provided expert guidance and input from First Nations women on how best to address the violence against women and children in their communities.
7.45The committee endorses calls for systemic and structural changes to end the cycle of violence, acknowledging that governments will need to invest considerable resources into achieving this outcome. However, simply throwing money alone at the problem is not the answer: there must be informed and evidence-based investment.
7.46Nationwide, submitters and witnesses consistently emphasised a key theme: support mainstream services for First Nations women and children affected by DFSV but more importantly, support Aboriginal community-controlled organisations (ACCOs) to design and implement local solutions to local problems.
7.47The committee heard that there are multiple needs in Aboriginal communities—such as access to legal services, accommodation, safe havens, men’s behaviour change programs, mental health supports, et cetera—some of which can only be effectively provided by First Nations people, especially in regional and remote communities.
7.48Having listened to the evidence, the committee considers that preventative ‘solutions that break the cycle of violence and heal, support, strengthen and empower Aboriginal and Torres Strait Islander families and communities’ must be prioritised (paragraph 5.51).
7.49The Commonwealth government is striving to address DFSV against all Australian women and children, as it should and must. However, for First Nations women and children, these efforts appear to have been hampered by what can best be described as well‑intentioned misdirection.
7.50The committee welcomes recent efforts to engage First Nations women and children in policy development and formulate responses that centre their needs. The committee cautions against losing this focus and momentum, asgovernments look to address the broader societal issue of DFSV.
7.51The committee heard that there are increasing examples of effective, holistic and First Nations community-led programs that reduce violence against women and children. However, these programs have been undermined and sabotaged by a lack of sustainable and adequate funding.
7.52The most recent Federal Budget—and other Federal Budgets—have committed funding to support ACCOs that provide DFSV services and the future delivery of projects, subject to ‘building an evidence base for service impacts’ (paragraph 5.104).
7.53The committee is troubled about the ongoing identification but limited delivery of concrete and effective actions to increase the safety of First Nations women and children, as well as the funding commitments that do not begin to address the concerns raised by inquiry participants.
7.54The committee recommends that the Department of Social Services, the Department of the Prime Minister and Cabinet, the Attorney-General's Department and the National Indigenous Australians Agency develop, for implementation, a sustainable funding mechanism to provide ongoing support services for First Nations people, including women and children, experiencing domestic, family and sexual violence. This funding must prioritise service and program delivery by Aboriginal community-controlled organisations who demonstrate evidence-based primary prevention initiatives that are independently evaluated for efficacy, including for delivery in regional and remote areas.
Recognition of human rights
7.55The Commonwealth government has a pivotal role in ending violence against First Nations women and children, and should do all things reasonably necessary to end this scourge of violence.
7.56The obligation to safeguard, promote and ensure the health and well-being of First Nations women and children is articulated throughout domestic and international law, including in article 22(2) of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).
7.57However, in spite of decades of inquiries and reviews, the necessary responses and reforms have failed to eventuate or to uphold the right to live free from violence. It defies reason why this remains the case. The committee empathises with the families and communities who are frustrated and disillusioned, believing that no-one cares and that the situation will never change.
7.58The committee recognises the recent work of the Parliamentary Joint Committee on Human Rights (PJC HR, see Chapter 6). The committee notes that a majority of the PJC HR recommended that the Commonwealth government should introduce—and the Parliament should legislate—for the comprehensive and effective protection of human rights in Australia.
7.59The committee notes the significant concern that the human rights of Australia’s First Nations peoples, as encompassed in the UNDRIP, should not be subsumed, asit were, under a broad human rights banner (paragraph 6.32). Further, the committee notes the significant concern that this would neither respect nor promote the recognition and consideration of the human rights afforded to them as Indigenous peoples.
7.60For the purposes of this inquiry, the committee unanimously agrees that the Commonwealth, state and territory governments, in addressing the issues considered in this report, must consider the principles contained in UNDRIP when formulating and implementing reforms.
7.61The committee recommends that the Australian government empowers First Nations women to lead the design and implementation of services and supports that address violence in their communities, as consistently advocated by the Wiyi Yani U Thangani (Women's Voices) project, and reflecting the principles contained in the United Nations Declaration on the Rights of Indigenous People.
Oversight and accountability
7.62Since at least 2008, the federal, state and territory governments have made commitments and agreed dozens of actions to reduce and end violence against Australian women and children. One of the latest agreements—the National Plan to End Violence against Women and Girls 2022–2032—builds on and is distinguished from earlier efforts by the key role and contributions of First Nations people.
7.63The committee heard, however, that while policy development and institutional responses continue apace, First Nations communities are seeing little progress in eradicating DFSV, particularly on Country and in remote and regional areas, where the services that are most needed are the least available. This information from submitters and stakeholders was consistent with what can be gleaned from the Closing the Gap Information Repository (especially in relation to Target 13).
7.64The committee understands that responses to violence must be evidence-based, designed and implemented in collaboration with First Nations people, the latter being a component only recently recognised by government. The question arises: how long does this take? More than 15 years after the National Indigenous Reform Agreement (and its six Closing the Gap targets), thecommittee heard that federal, state and territory governments are still gathering data and piloting projects to inform the related plans in each jurisdiction.
7.65In the committee’s view, the existing performance monitoring and reporting frameworks, combined with national progress reports, are useful. However, it is abundantly clear that what is urgently required is action; genuine, meaningful action. There must be greater transparency and accountability—and consequences—for inaction that is resulting in the deaths of First Nations women and children.
7.66The committee recommends that:
the Australian National Audit Office (ANAO) gives serious consideration to auditing the Attorney-General’s Department (noting the independence of the ANAO), as part of its Annual Audit Work Program 2025–2026, to assess whether the department is effectively delivering on the commitments agreed by the Australian government under the:
-National Agreement on Closing the Gap (in particular, Target 13);
-National Plan to End Violence against Women and Children 2022–2032;
-Aboriginal and Torres Strait Islander Action Plan 2023–25;
-the First Nations National Plan, once in effect; and
not later than six months after the conclusion of any ANAO audit, the Senate directs the Legal and Constitutional Affairs References Committee or the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs to consider the ANAO's findings and assess the Attorney‑General's Department's response to the audit. In the event that the ANAO declines to undertake the audit, then another independent body should be tasked with conducting the audit on the basis referred to above.
Media reporting
7.67In relation to media reporting, it is important that media stakeholders understand the depths of concern among First Nations people that when their women and children are murdered or disappeared, there is less attention from the media. This was a consistent theme across the in camera hearings held with families.
7.68There have been examples of outstanding reporting by journalists in relation to the issue of murdered or disappeared First Nations women and children which have assisted to bring the issue to light. The committee applauds the journalists involved. The value of that reporting cannot be overstated. As indicated in the National Plan to End Violence against Women and Children 2022–2023, themedia plays an important role in relation to responding to domestic violence.
7.69In addressing this issue, there was consensus that this is a matter which needs to be reflected upon carefully by the media, including with respect to the concerns of First Nations families and communities that the murder and disappearance of their loved ones is not treated the same as other Australians.
7.70The committee notes that the Australian Press Council has Standards and Advisory Guidelines. There is an Advisory Guideline with respect to the reporting of Family and Domestic Violence Reporting which was prepared in consultation with relevant stakeholders. It does include a section on cultural sensitivities with respect to First Nations peoples. However, it does not deal with the issues specifically considered by the committee in this inquiry.
7.71The committee recommends that the Australian Press Council considers and reflects on the evidence given in this inquiry, with regard to how the media portrays cases of murdered and disappeared First Nations women and children, and considers how the concerns of First Nations communities and families can be positively addressed, including through the introduction of additional Standards or Advisory Guidelines or amendment of the existing Standards and Advisory Guidelines.
Other initiatives
7.72The committee received many recommendations and suggestions from a range of stakeholders in relation to various initiatives that could be adopted to address particular issues relating to the subject of this inquiry. In the committee’s view, it is worthwhile for the Commonwealth government to review these suggestions in a systematic way to identify whether there is an opportunity to fund and implement such initiatives.
7.73The committee recommends that the Australian government systematically considers the many recommendations and suggestions made to this inquiry.This includes recommendations relating to:
trauma informed healing, including the recommendations made by the Healing Foundation and White Ribbon Australia;
implementation of a violence prevention framework for men and boys;
development of Aboriginal community-based support programs for men; and
initiatives which promote a sense of individual and community responsibility for the issue of male violence against Aboriginal women.
7.74The committee recognises that the terms of reference for this inquiry cover a wide range of complex and sensitive matters, many of which fall outside the Commonwealth’s scope of responsibilities. The committee thanks the state and territory governments and agencies that engaged with and assisted the inquiry. The committee hopes that any discomfort and criticism states and territories may have endured as a result of their engagement has not been dismissed, but recognised as an opportunity to do better.
7.75The committee is also conscious that, internationally, governments have committed greater time and resources to inquiries of a similar nature. Thisinquiry was a Senate committee inquiry, which differs from the work of other investigative and inquiry bodies, such as Royal Commissions. Thecommittee has strived to address the issues it was asked by the Senate to consider, given the limited resources available to it, and done its best to deliver meaningful conclusions and recommendations.
7.76The committee considers it right and fitting that its final words pay tribute to First Nations women and children. Those who have been murdered or disappeared should never have met those fates. Those First Nations women who continue in their tireless and tenacious advocacy have had an indelible impact on committee members. That you have to continue in that advocacy to eliminate violence against First Nations women and children should shock all Australians, and inspire us all to do everything within our means to ensure that it stops. Now.
Senator Paul Scarr
Chair