The ACT Government have recently announced an Independent Review into the Over Representation of First Nations people in the justice system.

The review comes following the Justice Reform Initiative's report on the Australian Capital Territory's incarceration rates, which revealed an urgent need for broader criminal justice reform.

The Justice Reform Initiative is formed by former parliamentarians from both sides of politics, as well as respected Aboriginal leaders, judicial figures and community experts.

They have stated that the Australian Capital Territory needs to invest more in evidence-based programs and services that prevent people from coming into contact with the criminal justice system and reduce the risk of future incarceration.

The report on ACT's incarceration highlighted a number of deficits in the criminal justice system with figures that raise many questions, some of which include; First Nations people in the ACT being 21 times more likely to be imprisoned than their non-Indigenous counterparts, the prison population nearly doubling in the last ten years, 92% of First Nations people who are incarcerated being imprisoned previously and Indigenous children living in the ACT being 12 times more likely to be detained than non-Indigenous children.

Executive Director of the Justice Reform Initiative Dr Mindy Sotiri has said "The ACT has taken some important steps including committing to raise the age of criminal responsibility and committing to reduce recidivism but more needs to be done.

"The ACT has shown a willingness to engage and commit to evidence-based policy where other jurisdictions lag behind. We now need these policies to be put into action with funding and staff to make a difference."

Whilst the ACT Government has made some progress, to those on the ground and within community there are still feelings of disappointment.

Legal heavy weight, Palawa woman and Chief Executive Officer of the Aboriginal Legal Service (NSW/ACT) Karly Warner, has criticised the ACT Government's inability to raise the age of criminal responsibility to 14.

"In the extremely rare instances when a child does something seriously wrong, it's because they've been let down and need our help," Ms Warner said.

"We have abundant evidence that locking up children causes ongoing harm for them and their families, and the whole community. The ACT Government is well aware of this evidence.

"Politicians have no excuse to sacrifice 12 and 13-year-old children for political expediency."

An unimpressed Ms Warner also stated "Let's be clear, by failing to raise the age to 14 urgently and without exception, the ACT Government is failing Aboriginal children.

"Aboriginal kids are over-represented at every stage of the system, from police to court to prison. The ACT imprisons Aboriginal children at 12 times the rate of non-Indigenous children.

"It's Aboriginal kids and families who will be most harmed by the government's refusal to fully accept the evidence about what works."

The ACT Government have advised that the independent review will be led by a First Nations consultancy who will involve First Nations community organisations and members with lived experiences.

In response to the Justice Reform Initiatives report, a spokesperson for the ACT Government advised the National Indigenous Times that the government is committed to reducing crime and reoffending through programs and services that work to break cycles of disadvantage, addiction, reoffending, and to build safer and more connected communities.

"ACT Government has also invested $11.5 million over four years to fund a coordinated program of initiatives in partnership with Aboriginal and Torres Strait Islander organisations," the spokesperson said.

"The newly created First Nations Justice Branch will drive a program of work in close consultation with the ACT First Nations community."

Dr Sotiri said "We're pleased that the ACT Government recognises the need to build communities, not new prisons, and has worked to elevate justice reinvestment, reduce recidivism, and to better support the community through improved programs and services outside of criminal justice settings.

"There is still work to do however, particularly to prevent the next generation from following the pathway from child protection to engaging with the youth and then adult criminal justice systems.

"Evidence shows investing in housing, accessible alcohol and other drug treatment, First-Nations led programs and mental health and disability support are more effective in improving community safety and delivering better returns for taxpayers' money than prisons."

As the ACT Government moves toward consultation with community members and those with lived experience, it is apparent that there is growing recognition and a willingness to engage with First Nations voices.

An interim report will be provided by March 2024, before the final review is released late in 2024.