252. States and territories administer their own criminal justice systems, correctional and prison services. Detail can be provided as part of the State Party Dialogue.

Holistic early intervention, design prevention and diversion strategies

253. The Government works with states and territories to address underlying factors leading to contact with the justice system by focussing on strengthening prevention, early intervention and diversion strategies.
254. Largely owing to the perpetration of violence against them, First Nations women continue to be over-represented in the criminal justice system and are the fastest growing incarcerated population.⁴³ The Government is working in partnership with Indigenous organisations and communities to improve justice outcomes for Indigenous peoples, complementing state and territory efforts through Justice Policy Partnership, and the Indigenous Advancement Strategy's Safety and Wellbeing Programme. Reducing incarceration rates and contact with the criminal justice system is aligned to Targets 10 and 11 under Closing the Gap.
255. The Government has invested in justice reinvestment initiatives to improve outcomes for Indigenous people, including:
     • establishing a National Justice Reinvestment Program to support up to 30 community-led justice reinvestment initiatives addressing underlying causes of incarceration ($69 million over 4 years);
     • designing and establishing an independent National Justice Reinvestment Unit to coordinate and support justice reinvestment initiatives at a national level ($12.5 million over 4 years);
     • place-based justice reinvestment initiatives in Central Australia.
256. State and territory initiatives include:
     • NT's Sentencing and Other Legislation Amendment Act 2022 (NT) abolishes mandatory sentencing terms of imprisonment and mandatory non-parole periods for violent offences, drug offences and breach of domestic and family violence order offences. This Act reformed non-custodial sentencing options, as well as community youth programs focused on diversion and early intervention.
     • QLD Corrective Services released the Queensland Corrective Services Reframing the Relationship Plan 2024‑2033, a 10-year First Nations Strategy, committed to Closing the Gap on Indigenous peoples incarceration and victimisation from violence, increasing opportunities for connection to culture and family, providing meaningful rehabilitation, and assisting successful returns to community. QLD Corrective Services is developing associated action plans. The First Nations Justice Office in Department of Justice and Attorney-General is developing a 7 year co-designed whole-of-government and community strategy to address overrepresentation of Indigenous peoples in the criminal justice system.
     • In 2023, VIC amended bail laws to reduce unnecessary remand for people accused of low-level offending and to reduce disproportionate impacts on groups including women.

Supporting the needs of women in prison

257. Across jurisdictions, programs to address the needs of women in detention and promote alternatives to prison, especially for First Nations women, include:
     • ACT: women in prison can access rehabilitative and re‑integrative programs and services, including alcohol and drug programs, mental health supports, employment and education programs and community resource services that provide eligible detainees leaving custody with housing, health, income, family and community connections.
     • NSW: First Nations women have access to programs designed to address their unique and complex needs, including access to cultural programs, pathways to employment, education, housing, criminogenic needs, and initiatives providing essential documents including birth certificates. NSW offers the Miruma Program, a diversionary program for female offenders with mental health and drug and alcohol issues.
     • TAS and NT Correctional Services provide programs and supports to meet the needs of women in detention, including education and training courses, therapeutic, cultural and health-based recreation and offence‑specific programs.
       1. NT programs are administered with Indigenous cultural and practice advisors. NT provides Bail Support Accommodation services in Darwin and Alice Springs for women as an alternative to detention. In NT, Aboriginal Mental Health First Aid facilitates visits by Elders and Yarning Circles. NT Correctional Services is developing 2 correctional centres for women designed on therapeutic foundations, extending beyond adult custodial facilities, including alternatives to custody facilities.
     • QLD is undertaking a suite of women's system reforms including increasing women's access to programs and services such as those targeting drug and alcohol, mental health, parenting, and domestic, family and sexual violence.
     • In SA, Yalakiana Tapa delivers Marni Tapa, a program providing individualised support, cultural accommodation, and drug and alcohol residential treatment for women exiting custody on bail.

Comprehensive health screening

258. States and territories conduct physical and mental health needs upon admission to detention, for example:
     • NSW ensures gender specific issues, including health, abuse and trauma related factors, are taken into account when assessing the needs of women offenders. NSW is developing a Women's Intervention Pathway to inform inmate case plans and referrals to gender-responsive programs and services.
     • TAS detainees undergo an initial health screening on reception to custody, undertaken by a registered nurse, to determine priority steps and ensure a rapid health response is provided. Within 4 weeks of being in custody, prisoners are seen by a doctor to review ongoing health needs. Dedicated health teams comprising nurses, GPs and psychiatrists operate on-site, and further referrals are available where required.
     • In WA, a registered nurse will conduct a full health assessment within 24-hours for adult prisoners and 12-hours for a young person. Young women and girls in detention in WA have access to services including psychologists, GPs and dentists, and may access referrals to external specialist services where required. WA is developing a service model for screening, assessment and intervention for neurodevelopmental disabilities and mental health issues. Preliminary negotiations are underway to engage Indigenous Medical Services to supplement medical services provided in custody.

Gender-sensitive training and behaviour of correctional staff, and complaints mechanisms

259. States and territories provide gender-specific training and professional development opportunities for staff in correctional facilities, with several jurisdictions collecting data on completion rates of this training, for example:
     • ACT delivers the Women in Custody course to custodial officers during their recruitment course. Since 2015 (as at October 2023), 83% of staff have completed this training.
     • QLD delivers trauma-informed and gender-responsive practice training for Community Corrections staff working with individuals in the criminal justice system, and introduced into custodial officer training in 2024-25.
     • In SA, a Working with Women mandatory training package is delivered to all new correctional officer staff and is underpinned by relational and trauma-informed practices.
     • VIC's Standards for the Management of Women Prisoners in Victoria requires staff complete training on issues related to managing women in detention, including women' pathways into offending; intersections between women's harmful substance use, mental health and past victimisation; empathetic communication between staff and women in detention; mother-child relationships; and professional boundaries.
260. In all states and territories, women in prison can make complaints to staff, external complaint bodies and oversight agencies, including relevant jurisdictional Ombudsman's, receiving information on how to make complaints as part of admission and induction procedures.
261. Regarding confidentiality, there are avenues for women in detention can make confidential complaints, for example:
     • In ACT, women can make complaints to external oversight bodies.
     • In WA, women in detention can make complaints through confidential mail to regulatory and governmental bodies. The prisoner grievance process and WA health service for prisoners are confidential complaints processes. Women can also access confidential legal services.

Investigations, prosecutions and punishments of cases of sexual violence against women in detention

262. All jurisdictions take allegations of sexual violence against women in prison seriously. Each jurisdiction adopts a different approach to the collection of data relating to investigations, prosecutions and punishments of cases of sexual violence against women in detention.
     • ACT identified 3 allegations in the last 2 years involving sexual violence against women in police custody. These complaints have been finalised and allegations were not substantiated.
     • NSW collects data on relevant investigations but does not publicly report this data. In 2023, NSW introduced a Sexual Misconduct Reporting Line for prisoners to report sexual harassment or assault perpetrated by staff which they experienced or witnessed. These allegations are considered to be serious misconduct and are referred to Corrective Services Investigations Unit for criminal offending which are staffed by police officers.
     • NT identified no known investigations, prosecutions or punishments regarding sexual violence against women in custody in the last 3 years.
     • TAS, SA, VIC and WA do not publicly report on and/or collect data on the number of investigations, prosecutions and punishments of sexual violence against women cases in custody. QLD collects data on prosecutions and punishments of sexual violence which the Queensland Sentencing Advisory Council publishes periodically.

Alternative screening methods

263. States and territories use full-body x-ray scanners as an alternative to strip-searching, to improve prisoner dignity, particularly women, and facility security. All jurisdictions have or are in the process of procuring, installing or trialling x-ray body scanners in their correctional facilities.
     • ACT installed 2 x-ray body scanners at Alexander Maconochie Centre in June 2022 to reduce non-admission strip searches and improve detainees dignity and the facilities security.
     • NSW funded full body x-ray scanners in most of NSW's 34 correctional centres. Custodial Operational Policy and Procedures amendments mean strip searches are only necessary where body scanning is unavailable or impractical, or when body scanning indicates presence of an anomaly.
     • In NT, a full unclothed search of prisoners is required in certain circumstances, notably on reception to the prison. Women should not be strip-searched unless absolutely necessary. NT Correctional Services is considering creation of a search facility with x-ray technology in Alice Springs and Darwin Correctional Centres.
     • QLD Corrective Services committed to trauma-informed practice including reducing demand for removal of clothing searches in women's prisons where alternatives such as x‑ray body scanners are available. In 2024, QLD Corrective Services commenced trialling body scanner technology at Brisbane Women's Correctional Centre before rolling out to other women's correctional centres.
     • SA Correctional Services installed new body scan technology for Adelaide's Women's Prison. This provides an alternative to use of strip-searching practices.
     • TAS women's prison recently installed a body scanner machine. Once in use, women will only be strip-searched if they are at risk of self-harm or suicide or the scanner shows they have something on their person.
     • VIC undertook work to reduce strip searching requirements in Victorian custodial corrections system, including use of body scanning technology and saliva drug testing. Strip searching is used as a last resort as part of a suite of other mechanisms to limit contraband entering prisons.
     • WA has a policy outlining methods to be adopted for women, transgender, gender-diverse or intersex prisoners, and persons with disabilities, as well as culturally-appropriate approaches to searching women. In 2022, WA installed the first x-ray body scanning device at Melaleuca Women's prison.

Women's conditions of detention

264. State and territory justice and correctional agencies have regard for international, national and state-level obligations in the management of women in custody, including Bangkok Rules and Mandela Rules.
265. Guiding Principles for Corrections in Australia (2018) guides how states and territories develop practices, policies, and performance standards Principles are informed by internationally accepted rules, standards and practices including Mandela Rules, Bangkok Rules, Tokyo Rules and mechanisms including the Optional Protocol to the Convention Against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Considering needs of prisoner cohorts including young adult offenders, women, aged and frail, LGBTIQA+ offenders, those with mental health issues and/or disabilities, and remand prisoners.
266. OPCAT requires Australia to establish a National Preventive Mechanism to enable independent bodies, including the United Nations Subcommittee on Prevention of Torture, to inspect and monitor places of detention. The mechanism ensures women, girls, sistergirls,⁴⁴ and gender-diverse persons, are treated with dignity and humanely in places of detention.
267. On 21 June 2023, AIC released the national real-time reporting of deaths in custody dashboard to assure the public that all Australian governments are transparent and accountable for their respective criminal justice systems. Data includes Indigenous status, custody type, sex and age group and is published nationally as an aggregate, real-time total for Indigenous and non-Indigenous deaths in custody.