Indigenous advocate JULIE TONGS says the ACT Inspector of Custodial Services is courageous for calling out the ACT government’s ‘lamentable’ response to her Bimberi report.

On reading the ACT government’s interim response to the Jumbunna Review, one is left with the distinct impression that the right hand is not entirely clear on what the left hand is doing.

It asserts in the opening sentences to its interim response to the report into the over-representation of First Nations people in the ACT criminal justice system that: “The ACT government remains committed to reducing the over-representation of Aboriginal and Torres Strait Islander people in the criminal justice system including through meeting its targets under the Closing the Gap Agreement and the Aboriginal and Torres Strait Islander Agreement 2019-2028.”

In a happy coincidence the ACT Inspector of Custodial Services, Rebecca Minty, has, since the release of the Jumbunna Review and the ACT government’s saccharine response thereto, released her annual report for 2024-25

In her opening remarks the inspector notes: “The reporting period started with a focus on youth justice, with the second Healthy Centre Review of Bimberi Youth Detention Centre (HCR24). 

“This review considered the treatment and care of young people in detention but also looked at the role of Bimberi within the broader justice system in the ACT.” 

The inspector went on to report on the importance of ensuring that the experience of young people in detention is as therapeutically focused as possible and providing effective throughcare and support before and after release to help prevent reoffending and to keep the community safe.

The inspector notes that the HCR24 was tabled in the Legislative Assembly in December and made 15 recommendations. 

However, she goes on to advise that: “It is lamentable that more than nine months after tabling, a response to the recommendations is still pending. 

“I am concerned that the ACT government has not responded with the urgency required to address the issues identified. 

“The recommendations were made to improve outcomes for young people in custody, and delays in implementation risk further harm and undermine public trust.” 

The inspector commendably and, frankly, quite courageously concludes her summation of the consequences of the government’s lack of response by recommending that: “Changes to legislation may be needed to mandate government responses to reports in a timely manner.” Over to you Fiona and Thomas. 

She goes on to also note that: “Sadly, there were five deaths in ACT Corrective Services custody in the reporting year.” All of which are currently before the coroner. 

The inspector also expresses concern that in an interim ruling of the ACT Supreme Court parliamentary privilege is attached to inspectors’ reports, which raises a worrying question about whether such reports are admissible in court proceedings. This is an issue that demands early resolution.

That there were five deaths in a 12-month period in the AMC, which currently has a prisoner population of less than 400, and which means that the ACT possibly has among the highest rate of deaths in custody in Australia, is deeply troubling.

In addition to this overall very high rate of deaths in custody, there have been two Aboriginal deaths in the AMC to date in 2025.

Disturbingly, by way of example, the rate of Aboriginal deaths in custody in the AMC in 2025 is five times higher than the rate of Aboriginal deaths in all NSW prisons combined.

Julie Tongs is CEO of the Winnunga Nimmityjah Aboriginal Health and Community Services.