Independent Senator Lidia Thorpe has called for a stronger federal framework to oversee prisons and policing in the wake of three deaths in custody in the last week.
Her comments come in the wake of the latest Closing the Gap data revealing a number of key metrics have worsened in the previous year, and the ongoing coronial inquests into the deaths of Kumanjayi Walker in the NT and Cleveland Dodd in WA.
In the last week three people have died in Australia's prisons: a 42-year-old-man at Perth's Hakea Prison on August 2, whilst a 57-year-old person at Port Phillip Prison in Victoria and 35-year-old person at Fulham Correctional Centre, also in Victoria, both died on August 4.
"The latest deaths in custody are completely unacceptable. When will governments actually start to act on this? The 1991 Royal Commission recommendations are still not implemented, and governments just refuse to act," Senator Thorpe said.
2022-23 saw the highest number of Indigenous deaths in prison since records began, whilst in June it was revealed at least 18 attempted suicides in WA prisons in just 10 months were misclassified.
The Gunnai Gunditjmara and Djab Wurrung Senator said the federal government has for too long passed off the responsibilities to the states, when abuses of human rights were a federal concern.
"I'm furious," she said. "I've raised these issues so many times with the Albanese government, and they just shrug their shoulders and say it's up to the states.
"I refuse to accept that excuse. It's an appalling abrogation of responsibility."
The Senator said ultimate responsibility for deaths in custody, as well as high levels of Indigenous children being placed in out-of-home care, fell on the Prime Minister Anthony Albanese, the attorney-general Mark Dreyfus, and newly appointed Minister for Indigenous Australians, Malarndirri McCarthy.
She said the three ministers, along with health minister Mark Butler, needed to "reign in" the states and start leading positive change.
"They need to work with First Peoples, and the health and community sectors, to create strong federal frameworks for policing and prisons that hold the states and territories accountable and stop the violence and abuse. They need to prioritise care, wellbeing and rehabilitation," Senator Thorpe said.
In response to Senator Thorpe's criticism, a spokesperson for Senator McCarthy pointed to her previous comments regarding Closing the Gap, where she labelled the figures "deeply troubling" and said she was "determined to work in partnership with First Nations Australians" to bring about positive change.
"I will be reaching out to my colleagues across the parliament to seek a bipartisan approach to Indigenous affairs," Senator McCarthy said last week.
In March, parliamentary crossbenchers united behind Senator Thorpe's call to the federal government to address reforms concerning Indigenous deaths in custody and the removal of First Nations children.
She argued the government has been able to bring the state's together previously, and should do so again on deaths in custody.
"They should get all the health and social services ministers together, bring in First Nations leaders and experts and come up with some new solutions here," Senator Thorpe said.
"If they are serious about Blak justice, this is what they need to do."
She highlighted accusations of physical abuse of children in Queensland watch houses, which has also seen accusations of sexual abuse; sexual abuse of child detainees at Tasmania's Ashley Youth Detention Centre, and the decision by the NSW government to enact stricter bail laws despite acknowledging they would likely lead to more young people being incarcerated.
Furthermore, the Senator from Victoria pointed to the revelations of coercive control of detainees in the WA youth detention system that has been revealed during the ongoing inquest into Cleveland Dodd, and - despite evidence of their harm and the possibility that their usage can result in death - the NT opposition vowing to bring back spit hoods if they win government this month.
"We've witnessed the most horrific child abuse in these government child prisons – small girls bashed by grown men, children sexually abused, locked up for days in isolation, children hanging themselves as guards watch movies," Senator Thorpe said.
"This isn't about one or two bad states – this is a national crisis."
Last month, in the wake of the findings into the death of Yorta Yorta and Gunaikurnai man Joshua Kerr, which the coroner described as "preventable," Senator Thorpe said: "Deaths in custody are always preventable."
"The ongoing lack of action from governments shows a clear lack of value placed on First Peoples' lives in this country," she said.
Senator Thorpe argued both major parties were complicit in enacting 'tough on crime' policies across the country which incarcerated more children by "spreading fear and lies, and implementing punitive measures that have no evidence base".
"And Albanese and Dutton are actively supporting these harmful campaigns, hoping to win some state elections," she said.
This article was amended on August 10 to include comments made by Senator Malarndirri McCarthy for comment.