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Graph 22 Sentenced prisoners, by average sentence length (a) - 30 June 2005



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Graph 22

Sentenced prisoners, by average sentence length (a) - 30 June 2005




Source: Prisoners in Australia, 2005 (4517.0).

Death in penal institutions


125. In 1991, the Royal Commission into Aboriginal Deaths in Custody, which investigated the deaths of 99 Indigenous persons in police or prison custody occurring between January 1980 and May 1989, presented its findings and recommendations. One of the outcomes was the establishment of a National Deaths in Custody Monitoring and Research Program at the Australian Institute of Criminology.

126. During 2004, 67 people died in all forms of custody in Australia, one fewer than for 2003. Of the 67 deaths, 13 were of Indigenous persons (with the Indigenous status of one person still to be determined). The largest number of deaths in custody recorded since 1990 was in 1997 (105), while the largest number of deaths of Indigenous persons was in 1995 (21).


Table 39

Deaths in custody




Police

Prison

Total (a)

Indigenous

Non-Indigenous

Indigenous

Non-Indigenous

Indigenous

Non-Indigenous

Total

1990

5

26

5

28

10

55

65

1991

5

26

8

31

13

57

70

1992

7

24

2

34

9

58

67

1993

3

28

7

42

10

71

81

1994

3

24

11

42

14

67

81

1995

4

22

17

42

21

66

87

1996

6

23

12

40

18

64

82

1997

6

23

9

67

15

90

105

1998

6

19

9

60

16

79

95

1999

6

20

13

46

19

66

85

2000

5

20

11

53

17

74

91

2001

5

26

14

42

19

68

87

2002

6

13

8

42

14

55

69

2003

7

26

10

25

17

51

68

2004

7

21

7

32

14

53

67

Source: Australian Institute of Criminology, National Deaths in Custody database, 1990 2003.

(a) Includes deaths that occurred in custody other than police or prison custody (such as juvenile detention).

127. During the period 1990-2002, the majority of deaths (65 per cent) occurred in prison custody, while 34 per cent were in police custody - 18 per cent of all deaths in prison custody were of Indigenous prisoners. During this period, the proportion of the prison population that was Indigenous rose from 14 per cent to 20 per cent. In 1995 the crude death rate of Indigenous prisoners was more than twice that of non-Indigenous prisoners (5.7 and 2.4 respectively). However, in 2002, both the Indigenous and the non-Indigenous death rates were 3.1 per 1,000 prisoners. The death rate of non-Indigenous prisoners was higher than that of Indigenous prisoners in 1992, 1997 and 1998.

Graph 23

Prison custody death rates (a)



The death penalty


128. The death penalty was outlawed in Australia for Commonwealth offences in 1973 and was formally abolished in all States and Territories by 1985.

-----


* In accordance with the information transmitted to States parties regarding the processing of their reports, the present document was not edited before being sent to the United Nations translation services.

1 This statement is available at: http://www.ag.gov.au/agd/www/Attorneygeneralhome.nsf/Page/
RWP06E67B7AB7E85390CA256B50001D32EC?OpenDocument
.

2 Age standardisation adjusts crude rates to account for age differences between study populations. There are differences in the age distributions between Australia’s Indigenous and non-Indigenous populations. In 2001, the proportion of Indigenous peoples aged 18 years and over was 54.6%, compared with 75.8 % of non-Indigenous peoples (and 75.3% of the total Australian population).

3 (1992) 175 CLR 1.

4 Wik Peoples v Queensland (1996) 187 CLR 1.

5 A copy of the report and the Ministerial response are available at: http://www.parliament.qld.gov.au/committees/Comdocs/LegalRev/LCARCR043.pdf; and http://www.parliament.qld.gov.au/committees/Comdocs/LegalRev/MinisterialResponses/
Report42.pdf.

6 The International Criminal Court Act 2002 can be accessed at: http://www.austlii.edu.au/au/legis/cth/consol_act/icca2002303/. The International Criminal Court (Consequential Amendments) Act 2002 can be accessed at: http://www.austlii.edu.au/au/legis/cth/consol_act/iccaa2002543/sch1.html.

7 Committee on the Rights of the Child, Concluding Observations on Australia’s Second and Third Reports under the Convention on the Rights of the Child, 2005.

8 The Ministerial guidelines for the identification of unique or exceptional cases where it may be in the public interest to substitute a more favourable decision under s345/351/391/417/454/501J of the Migration Act 1958. The Guidelines were signed by the Minister on 31 March 1999 and have effect from that date. These guidelines elaborated on previous guidelines and were reissued in 2003.

9 ABS Employee Earnings, Benefits and Trade Union Membership (EEBTUM) Survey, August 2005.

10 Workplace Agreements Database, Department of Employment and Workplace Relations, June 2006.

11 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 28.

12 See Table 25, Statistical Annex.

13 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 27.

14 This legislation relates to Victoria only, as Victoria has referred its powers in respect of industrial relations matters to the Commonwealth.

15 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 30.

16 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 26.

17 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 29.

18 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 31.

19 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 32.

20 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 34.

21 The WA Government has recently amended its legislation to raise the leaving age to the end of the year in which young peoples turn 16. From 1 January 2008, this will be extended to the end of the year in which they turn 17.

22 Committee on Economic, Social and Cultural Rights, Concluding Observations, Australia 08/09/2000, E/C.12/1/Add.50, paragraph 22.

23 See Table 25, Statistical Annex.

24 See Economic and Social Council, Third periodic report: Australia, 23/07/98. E/1994/104/Add.22, paragraphs 322-325.

25 Whether a person had Indigenous status was known for 90% of Hepatitis A cases, 80% of Hepatitis B (incident) cases and 32% of Hepatitis C (unspecified) cases.

26 Department of Education, Science and Training 2005.

27 As above.

28 Source: PISA in Brief from Australia’s Perspective: Highlights from the full Australian Report. Sue Thomson, John Cresswell and Lisa De Bortoli. Camberwell: ACER, 2003.

29 Department of Education, Science and Training 2005.

30 There was a change in methods of data collection between 2001 and 2002 resulting in a break in series.

31 Australian Electoral Commission, http://www.aec.gov.au/_content/who/party_reg/
registered/index.htm.

32 Electoral Council of Australia: http://www.eca.gov.au/systems/australia/by_category/
terms_members.htm
.

GE.08-43219 (E) 200808

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