January 2023 marks a significant milestone in the history of Western Australia's treatment of its Aboriginal population. Two and a half years ago, the Western Australian parliament passed the Fines, Penalties and Infringement Notices Enforcement Amendment Bill with bipartisan support, after a long-running Indigenous-led campaign for reform.
The boring title betrays the profound change the legislation had on the way the state's Indigenous people are imprisoned for unpaid fines, which were mostly for traffic or other minor criminal convictions.
Until this law, Western Australia was the only state in the country that regularly locked up people for unpaid traffic fines. NSW ended the practice in 1987.
Imprisonment for unpaid fines became so widespread that it was normalised. It was routine that an army of people would go to jail to 'cut out' their fines at a rate of $250 a day. The trouble was that Aboriginal people in particular bore the brunt of the punishment and it led to the worst Indigenous incarceration rate in the country.
For those in jail for unpaid fines, 37% were Indigenous. Then there were those who had no job and in a cycle of poverty and jail. Among imprisoned unemployed female fine defaulters, 64% were Aboriginal. To our state's shame, the incarceration of Aboriginal women for fine defaults increased by 576% between 2008 and 2015.
For some it was a jail sentence, for others there were fatal consequences for being locked up.
Ms Dhu was a Yamatji woman who died in police custody in South Hedland in 2014. According to WA Coroner Fogliani, Ms Dhu died of sepsis and was treated inhumanely by WA police while in custody. She was in jail for unpaid fines.
The amendments to the Bill have had an immediate and substantial impact.
Not only has the burden on the state's jails been relieved, but the number of regional West Australians stripped of their driver's licenses for unpaid infringements has dropped from around 26,000 per year to zero.
This change has struck the right balance to ensure that Indigenous people, particularly those in remote areas who need their cars to survive, meet their legal obligations whilst also giving them much-needed access to transport.
At the time the bill was presented to parliament, Attorney-General Quigley said he remained "ambitious... over any period that I remain in this chamber, to chisel away at this dreadful tragedy of mass incarceration of our Indigenous people."
This bill reflects a trend by most of the WA Cabinet to do the right thing, particularly for the state's Aboriginal people, even if there is no public or political benefit.
It follows other initiatives that got little attention such as the $350 million investment in remote housing, water, and power by Housing Minister John Carey, and Transport Minister Rita Saffioti's project of making public little-known research on Aboriginal journey ways that align with modern main roads.
The achievement of the Bill is not just in the impact it has had on our Aboriginal community, but it serves as a reminder that in the administration of justice, there can still be a sense of compassion and fairness.
A relatively little small and boring titled piece of legislation that has had a profound impact on the lives of those most vulnerable. It represents a significant step towards addressing the historical injustices faced by Indigenous people and a commitment to creating a more equitable society and it should be applauded more regularly.
Zak Kirkup is of Yamatji descent and is the former leader of the Western Australian Liberal Party