Research Highlights First Nations Hyper-incarceration Issue

The Australian Institute of Criminology has released two reports describing rates of mental health diversion for First Nations people in New South Wales, the barriers to diversion and the changes required to reduce these barriers.

• First Nations people were significantly less likely than non-First Nations people to be granted mental health diversion-49 percent of First Nations people deemed eligible for diversion were granted diversion compared with 61 percent of non-First Nations people.
• Diversion was significantly associated with lower rates of reoffending for both First Nations and non-First Nations people.
• Barriers to diversion included eligibility criteria for diversion (particularly offending history and prior diversion orders); discretion exercised by Local Court magistrates; distrust of legal systems; a lack of access to programs and services; and funding and resourcing limitations.
• Positive factors for diversion included the role of NSW Statewide Community and Court Liaison Services (SCCLS) clinical nurse consultants; representation from the Aboriginal Legal Service; support from Aboriginal liaison officers; and collaboration and coordination across services.
• The study made 14 recommendations including strengthening the role of SCCLS through expansion of services and increasing resources to First Nations people; expanding eligibility criteria for mental health diversion to include people with prior contact with the criminal justice system; prioritising the recruitment of First Nations staff and providing ongoing education and cultural competency training to non-First Nations staff; and implementing a formal and standardised framework for tracking diversion outcomes and mechanisms.

Full report: Reducing the hyper‑incarceration of First Nations people by addressing barriers to mental health diversion

Summary paper: Access to and outcomes of mental health court diversion for First Nations people

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