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Appendices

Appendix A: Review of the National Deaths in Custody Program

Overview of the review

To mark the twentieth anniversary of the RCIADIC’s final report into deaths in custody and the renewed focus on this issue, the AIC undertook a comprehensive review of the NDICP in 2011. In general terms, the purpose of the review was to improve the quality and relevance of the program, as well as to ensure greater transparency and timeliness of reporting going forward.

The review focused on five key elements of this national monitoring program:

  • governance;
  • framework for monitoring deaths in custody;
  • scope of monitoring and definitions;
  • data collection and quality; and
  • timeliness of reports.

Governance

The responsibility for maintaining a statistical database and reporting to government on the nature and circumstances of deaths in custody was given to the AIC by the RCIADIC (Recommendations 41 & 46). The AIC is an independent crime and justice research agency within the Australian Government. All publications using data produced by the NDICP are approved for release by the Director of the AIC, after being noted by the relevant Minister (currently the Minister for Home Affairs). Prior to release, all state/territory data-providing agencies are given the opportunity to review and comment on research findings. There are no proposed changed to the governance of the NDICP.

The framework for monitoring deaths in custody

It was identified during the review that the analytical framework for monitoring deaths in custody was not clearly outlined in NDICP publications. Consequently, through discussions with data providing agencies, as well as the Productivity Commission and ABS, the following three high-level indicators on deaths in custody were agreed upon as the framework for national monitoring:

  • trends in the number of deaths in prisons, juvenile justice and police custody, and the proportion of total deaths in each setting involving Indigenous persons;
  • trends in the rate of death per 100 adult prisoners on an average day and the rate–ratio for Indigenous and non-Indigenous deaths in police custody, and custody-related operations; and
  • trends in the causes and circumstances of deaths in all custodial settings.

This framework supports the NDICP’s unique historical role of monitoring the extent and nature of Indigenous deaths in custody each year. Data collected by the NDICP has become one of a few Indigenous-specific indicators of comparative disadvantage in the criminal justice system in Australia. In addition to collecting these data, the NDICP also has a practical role in contributing to the evidence base for the development of policies and programs that endeavour to reduce the number of deaths in custody each year.

Scope of monitoring and definitions

The NDICP monitors all deaths occurring in the three main criminal justice custodial settings—prison, juvenile justice and police custody. The RCIADIC outlined the types of deaths that would require notification to the NDICP (Recommendation 41). They are:

  • a death, wherever occurring, of a person who is in prison custody, police custody or detention as a juvenile;
  • a death, wherever occurring, of a person whose death is caused or contributed to by traumatic injuries sustained, or by lack of proper care, while in such custody or detention;
  • a death, wherever occurring, of a person who dies, or is fatally injured, in the process of police or prison officers attempting to detain that person; and
  • a death, wherever occurring, of a person attempting to escape from prison, police custody or juvenile detention.

This definition was applied by the RCIADIC research team in collecting the 99 cases upon which the RCIADIC focused.

In a report prepared by the Aboriginal and Torres Strait Islander Social Justice Commissioner into Indigenous deaths in custody between 1989 and 1996, the Commissioner noted ‘…that the definition of a death in custody has been both problematic and contested’ (OATSISJC 1996: np). During the collection of data for the RCIADIC, the death of David John Gundy illuminated the challenges that can arise when trying to decide whether the deceased was in custody, or in the process of being detained, when they died. This case involved officers from the NSW Special Weapons and Operation Squad who were conducting a raid on a house for the purpose of detaining John Albert Porter, who was the main suspect in the shooting of two police officers three days earlier. The point at issue in this case was whether Mr Gundy was in the custody of NSW police officers at the time when officers raided the house. The coronial inquest into this matter concluded that:

On 27 April, 1989 at 193 Sydenham Road, Marrickville, David John Gundy died of the effects of shot gun wounds to the chest sustained then and there near the doorway to his bedroom, when he took hold of the barrel of a shot gun held by Terry Dawson, a Detective Sergeant of Police acting in the course of his duty and the weapon accidentally discharged (Eatts vs Dawson: G208 of 1990, Federal Court of Australia, Morling, Beaumont, and Gummow, JJ. 23 May 1990).

The Full Bench of the Federal Court of Australia tested the legal boundaries around when someone is in custody and therefore, within the scope for inclusion in the Royal Commission Inquiry. In this regard, the decision in this matter states:

To confine the meaning of ‘custody’ to that state which follows arrest or similar official act, as the first respondents would have it, is, in our opinion, to pay too close a regard to legal forms rather than the substantive character or quality of police activity. One should have thought that the death of an Aboriginal person who died whilst being watched and guarded by police, acting vi et armis, was likely to be a proper subject matter for inquiry by the Royal Commissioner (Eatts vs Dawson: G208 of 1990: 48).

Essentially, it was concluded by the Federal Court that a person is deemed to be in custody when they are not free to leave, regardless of whether the individual in question is aware that they are in custody. The decision outlines that:

An arrest may occur when, by words or conduct, a person makes it clear to another that he will, if necessary, use force to prevent the other person from going where he may want to go; it is not essential that the other person have submitted to the display of force. Moreover, an individual may be ‘imprisoned’ without knowing of the restrictions imposed on his liberty whilst, for example, that person is asleep (Eatts vs Dawson: G208 of 1990: 42).

Following this decision by the Federal Court, the APMC met on 26 May 1994 to review the scope for monitoring and reporting of deaths in police custody, and police operations. It was agreed that the scope of the NDICP should include deaths of persons in the process of being detained or escaping, regardless of whether they were technically in custody or not (see Appendix C). These deaths are referred to as deaths in ‘police custody-related operations’ and have been collected since 1 January 1990.

Deaths in police custody-related operations—definitional clarification

There are several key differences between the scope of the NDICP and legislated definitions of deaths in custody for coronial purposes. For example, s 23 of the NSW Coroner’s Act 2009 outlines the types of deaths in custody that require notification to the NSW Coroner. Deaths occurring in the following circumstances are considered to be deaths under s 23 and are therefore subject to a mandatory coronial inquest:

  • Any police operation calculated to apprehend a person(s);
  • A police siege or a police shooting;
  • A high speed police motor vehicle pursuit;
  • An operation to contain or restrain persons;
  • An evacuation;
  • A traffic control/enforcement;
  • A road block;
  • Execution of a writ/service of process; and
  • Any other circumstance considered applicable by the State Coroner or a Deputy State Coroner (NSW State Coroner’s Office 2011: 3).

In addition, as the current NSW State Coroner Mary Jerram asserts

…the Deputy State Coroners and I have tended to interpret the subsection broadly….so that the adequacy and appropriateness of police response and police behaviour generally will be investigated…(NSW State Coroner’s Office 2011: 3).

It is important to underline the fact that while deaths occurring in all of these circumstances are considered to be deaths in custody under the NSW Coroner’s Act 2009, not all of these deaths fall within the scope of the NDICP. The purpose of the NDICP is to collect information about the incidence and circumstances of deaths of persons who are detained, are in the process of being detained or who are/or have escaped. Therefore, the NDICP only monitors deaths of persons who are in custody or who are alleged offenders. This program does not include deaths of persons who are simply clients of police services or innocent bystanders dying in the course of a police operation.

Consequently, deaths in the following circumstances are not included in the NDICP:

  • deaths during operations such as search and rescue, and evacuations, where the deceased was not being detained or in the process of being detained for breaching the law;
  • deaths during operations to prevent a suicide, where the purpose was not to detain the deceased due to a breach of the law; for example, police were responding to a concern for welfare notice and were attempting to stop a person jumping from a cliff, but that person was not threatening to harm others and was not otherwise being sought by police (note—if, after the death, it is discovered that the person had committed an offence, these cases are retrospectively included); and
  • deaths of persons who were innocent bystanders of a police operation; for example, a pedestrian or passenger who dies as a result of a motor vehicle pursuit and who was not a person the police were seeking to detain (note—if a passenger is involved in the commission of an offence prior to the pursuit commencing, such as an armed robbery or motor vehicle theft, these deaths fall within the scope of NDICP monitoring).

Prison custody

Deaths in prison custody include those of persons in the legal and physical custody of corrective services. This includes the following situations:

  • within a prison or other custodial facility administered by corrective services;
  • during an attempt to escape from prison or corrective services custody;
  • in medical facilities following transfer from prison; and
  • any location outside a prison while under escort by corrective services staff.

A death in prison custody also includes prisoners who are in the legal custody of corrective services, but not the physical custody. Such deaths include prisoners on unaccompanied temporary leave or prisoners on day release to attend work.

Deaths in prison custody do not include persons serving community-based orders supervised by community corrections or offenders serving parole orders. These offenders are not in prison custody and the death of such persons is outside the scope of the NDICP.

Deaths of recently released prisoners

During the review, the issue of deaths of recently released prisoners was discussed with correctional services agencies. The particular focus of these discussions was how to treat situations where a prisoner is diagnosed with a terminal illness and is receiving palliative medical care in hospital. For humane reasons and in light of their illness, the prisoner is released on compassionate parole and then subsequently dies in hospital.

The decision to release a prisoner on compassionate parole is made by a parole board, not the custodial authority involved. In some cases, the deceased may be granted compassionate parole only hours before their death. These cases are not deaths in custody, because the deceased has been released from custody and such cases are excluded from monitoring.

Monitoring deaths of prisoners released on compassionate grounds will help provide greater insight into the core policy and operational considerations that are required to adequately respond to the increasing numbers of natural cause deaths in prison seen in recent years.

To that end, the AIC is investigating the possibility of conducting some collaborative research with Dr Stuart Kinner and his team at the Burnet Institute in the future. In 2011, Dr Kinner and his colleagues published an article in the Medical Journal of Australia that estimated the number of deaths among recently released prisoners during the 2007–08 financial year (Kinner et al. 2011).

Deaths of offenders in secure psychiatric custody

It was identified during the review that deaths of persons who break the law, but due to a mental illness are ordered by the court to be detained in a secure psychiatric facility, have not been captured by the NDICP. Similarly, deaths of offenders who are found not fit to plead, or who are transferred from another custody setting, such as police or prison custody, to a secure psychiatric facility have also been omitted. Once a person is transferred to a secure psychiatric facility, the legal custody over that person is also transferred.

These deaths may be within the scope of the NDICP, but over the years they have only been included if the custodial authority (prison or police agencies) still had legal custody over the deceased.

The AIC will engage the relevant state and territory Health Departments to discuss whether it is appropriate for such cases to be included in future NDICP monitoring reports, or whether reporting processes already in place are sufficient.

Juvenile justice custody

Deaths in juvenile justice custody include those deaths that occur in a juvenile detention facility or in any circumstance where a juvenile is under the custodial control of a juvenile justice agency. This includes deaths that occur during transfer to or from detention, or in medical facilities following transfer from detention. This category also includes deaths of juveniles held in a secure training centre or care unit for welfare reasons, as these persons are under the supervision of the relevant authorities and are not free to come and go as they please.

The NDICP does not include deaths of children serving community-based orders, deaths of children in foster care, or any other situation where a child is not under the supervision of a juvenile justice agency. These deaths are investigated and monitored by Child Death Review Committees in each jurisdiction.

Deaths in Department of Immigration and Citizenship Custody

The scope of the NDICP was defined by the RCIADIC, in that it should collect

statistics and other information on Aboriginal and non–Aboriginal deaths in prison, police custody and juvenile detention centres, and related matters, be monitored nationally on an ongoing basis (RCIADIC Rec 41: 1991).

Deaths of persons in the custody of the Department of Immigration and Citizenship, such as in immigration detention centres and other secure custody settings, are currently outside the scope of the NDICP.

The AIC recognises that deaths in immigration detention centres are deaths in custody. Furthermore, it is noted that such deaths are the subject of a mandatory coronial inquest under every State Coroner’s Act.

Any extension of the NDICP and how that might be achieved, rests with the AIC Director. However, changing the terms of the monitoring program is not a simple matter, as it relies on both Commonwealth and state government involvement and consent.

At the time of writing, the AIC has engaged in discussions with the Department of Immigration and Citizenship about undertaking research into deaths in immigration custody. Whether such research is undertaken and subsequently leads to an expansion in scope of the NDICP to include deaths of immigration detainees is yet to be determined.

Cases not clearly within the scope of the National Deaths in Custody Program

There are occasionally cases that do not clearly meet the NDICP definition of a death in custody. Such cases are referred to as ‘possible deaths in custody’. Historically, such cases have been inconsistently provided by custodial authorities, in that some jurisdictions would report them and others would not. This matter was brought to the attention of custodial authorities during the review and it was concluded that in the future all possible deaths in custody will be reported to the NDICP. However, these cases are excluded from analysis and reporting until such time as the coronial inquest is complete and a formal finding handed down. Based on the information contained in the coronial finding, discussions with the relevant custodial authority and precedents in the database, a decision is then reached on a case-by-case basis about whether to include or exclude each possible death in custody.

Data collection and quality

Collection of data

The information held in the NDICP database is based on two main data sources:

  • state and territory police services, correctional agencies and juvenile justice agencies completing an NDICP case form for each death (see Appendix B); and
  • coronial records.

The AIC also draws upon media reports as a way of monitoring deaths in custody, using these as a trigger for seeking information about potential deaths in custody from custodial authorities. However, media reports are not relied on to inform the NDICP database.

Coronial records such as transcripts of proceedings, coronial findings, police reports, autopsy, toxicology and post-mortem reports are held in the NCIS, maintained by the Victorian Institute of Forensic Medicine. The information held in the NCIS provides the NDICP with additional information to supplement that which is provided directly from the custodial authority. The NCIS database is also used to validate key data provided by state/territory agencies against coronial findings, particularly the cause and manner of death.

Validation of data

To ensure the information contained in the NDICP database is as accurate as possible, validation of the data is undertaken periodically as coronial findings become available, which in some cases can be some years after a death has occurred. NDICP monitoring reports document any changes to previously reported information resulting from coronial outcomes, for instance, when the cause of a death is medically determined to be different from that originally reported by the custodial authority. Once a case has been fully validated against a coronial finding it is recorded as such in the NDICP database.

During the 2011 review, the NDICP database was subjected to a comprehensive data validation process. There were two phases to this data validation process, which are discussed below.

Phase one—searching for data

The NDICP research team spent three months collecting every coronial finding available, with a particular focus on the period 1980 to 1999. In addition to coronial findings, annual reports from state/territory coroners and custodial authorities were also consulted.

From phase one of the data validation process, a total of 1,194 cases were located. The NDICP research team then grouped these records by jurisdiction and systematically reviewed each case. Some of the historical records contained more information than others; for example, some only had the name, date of death and whether the deceased was in police, prison or juvenile justice custody. Nevertheless, whatever information was available in these records was cross-checked against information in the NDICP database. Table A1 provides a summary of the time period and number of historical cases in each jurisdiction that were reviewed.

As can be seen in Table A1, the NDICP research team were unable to locate historical records as far back for some jurisdictions as for others. A decision was made not to extend the search to state archives, as this would have taken a substantial amount of time and resources and further delayed the production of this report.

It should also be noted that the NDICP research team were able to locate more records for New South Wales than for any other jurisdiction. This means that the data validation process for New South Wales was more comprehensive than for the other jurisdictions. This should be kept in mind when interpreting the outcome from phase two of the data validation process.

Phase two—cross-checking with the National Coroners Information System database

The second phase of the data validation process involved the AIC engaging the NCIS to cross-check information about each case in the NDICP database against the corresponding record in the NCIS database. The NCIS is a comprehensive national coronial database, holding information about each case that requires notification to a coroner in every jurisdiction from the year 2000 onwards. The aim of this process was to identify cases that were missing from the NDICP database.

To undertake this data cross-checking process, an electronic copy of every case in the NDICP database from 2000 onwards was sent to the NCIS. Using specially designed computer software, each record was matched using a combination of key variables, such as name, age at death, date of death and location. To complement the data matching, the NCIS also undertook extensive keyword searches of their database for missing cases. From these two processes, a list was then developed containing deaths in custody cases that appeared to be missing from the NDICP database. The NDICP research team then reviewed each case on the list and added those that clearly met the definition of a death in custody to the NDICP database. Table A2 provides a list of all the cases that were added to the NDICP database during phases one and two of the data validation process.

Summary of cases added to the National Deaths in Custody Program database during the review

There were a total of 104 cases identified during phase one and phase two of the data validation process that fell within the scope of the NDICP, but that were missing from the database (see Table A2). These 104 missing cases were distributed across the custodial authorities as follows:

  • 78 deaths in police custody and custody-related operations;
  • 21 deaths in prison custody; and
  • 5 deaths in other/Australian Government custody.

With regards to Indigenous status of these missing cases:

  • 87 missing cases (84%) were of non-Indigenous persons; and
  • 17 missing cases (16%) were of Indigenous persons.

Across the nine jurisdictions (including other/Australian Government), the 104 missing cases were distributed as follows:

  • 43 cases from New South Wales;
  • 19 cases from Western Australia;
  • 14 cases from Queensland;
  • 13 cases from Victoria;
  • 9 cases from the Northern Territory;
  • 3 cases from South Australia;
  • 1 case from Tasmania;
  • 1 case from the Australian Capital Territory; and
  • 1 case from other/Australian Government agencies.

Across the jurisdictions, a total of 25 years’ worth of cases were reviewed, resulting in an average of just over four missing cases per year (μ=4.2 deaths per annum). Over the same period (1985–2008), there was an average of approximately 76 deaths nationally each year (μ=76.0 total deaths per annum). Consequently, as a proportion of the total number of deaths over this period (n=1,901), the NDICP had missed six percent (n=104) of cases.

One factor that may have contributed to these cases being missed over the years is inconsistency between the jurisdictions in applying the revised definition of a death in a police custody-related operation as agreed by the APMC in 1994. This is particularly so with regards to deaths occurring in the process of police officers attempting to arrest an alleged offender. There had existed an interpretation of the definition whereby a death was only reportable to the NDICP if officers were in relatively close proximity to the deceased. For example, a motorist drives past police members conducting a speed enforcement operation on a highway in excess of the prescribed speed limit. Police members endeavour to pursue the speeding vehicle to apprehend the suspect and fine them for speeding. Officers proceeding along the highway in the direction where the vehicle was heading and subsequently discover it has crashed into a tree beside the road. On some occasions, it would appear that due to the fact that officers were never in sight of the fleeing vehicle and were unable to reasonably influence the actions of the deceased, some jurisdictions mistakenly believed that these cases were outside the scope of the NDICP. Yet, all deaths occurring in motor vehicle pursuits, where the police are actively seeking to detain the person fleeing for a criminal offence, are reportable to the NDICP regardless of the distance between the person fleeing and the police officers in pursuit. These deaths are covered under point three of the definition of a death in custody handed down by the RCIADIC (Recommendation 41), in that they are:

  • a death, wherever occurring, of a person who dies, or is fatally injured, in the process of police or prison officers attempting to detain that person.

The need for consistency in applying the agreed definition was highlighted during the review. Going forward, custodial authorities have committed to providing all cases where a person dies in the process of being detained, including cases that do not clearly meet the agreed definitions. All cases that do not clearly fall within the scope of the NDICP are excluded from analysis and reporting, pending the finalisation of the coronial inquest.

Accidental or intentional under-reporting of Indigenous deaths

Further detailed analysis demonstrated that the number of Indigenous deaths in custody that were not reported over the last 25 years was lower than would be expected based on historical proportions. While there may have been some concerns from some sectors of the community that Indigenous deaths in custody were not always being reported, there was no evidence to support the conclusion that Indigenous deaths in custody were intentionally under-reported.

Of the 104 cases that were missed over the last 25 years, the overwhelming majority (84%; n=87) involved non-Indigenous persons, while Indigenous deaths accounted for around one in six missed cases (16%; n=17). Of all the deaths in custody between 1979–80 and 2010–11 (n=2,325), 450 involved Indigenous persons (19%), while 1,875 involved non-Indigenous persons (81%). If there had been intentional, substantial under-reporting of Indigenous deaths in custody, then the proportion of cases missed should be higher than the historical proportion of deaths involving Indigenous persons.

Implications of adding these missing cases

As most of the missing cases involve non-Indigenous persons, the historical proportions of total deaths involving Indigenous persons were overestimated. As such, historical data presented in previous NDICP reports indicated that the situation was worse than it actually was.

With regards to cause and manner of death, it can be seen in Table A2 that a large proportion of these missing cases were accidental deaths from external trauma, usually occurring in the process of the deceased being detained, such as in motor vehicle pursuits and sieges. There were also a sizeable numbers of deaths that were due to self-inflicted injuries, either gunshot wounds or hanging deaths. The outcome of adding these missing cases is that historical proportions of deaths that are attributable to self-inflicted and accidental causes are now larger than previously reported. In addition, the proportion of deaths occurring in the process of police detaining the deceased is also higher than previously reported.

Timeliness of reporting

The review highlighted the issue of an increasing time lag between the release of NDICP reports and the reporting period analysed. For example, the 2008 report was not released until December 2010—a lag of almost two years. It was agreed with stakeholders during the review that the NDICP needed to catch up on this delay in reporting, in conjunction with reducing the time taken to collect, validate and analyse data in future reports. It was also agreed that the NDICP should move to financial year reporting, to fall in line with both state and Australian Government reporting practices. Consequently, to catch up on the delay in reporting, this NDICP report covers data to 30 June 2011, with all data presented by financial year rather than calendar year. It is anticipated that future NDICP reports will be released roughly six to eight months after the end of the financial year.

Table A1 Data validation—summary of phase one
State Years sampled Cases sampled (n)
New South Wales 16 years (1994–2009) 577
Victoria 14 years (1980–2008) 133
Queensland 14 years (1988–2002) 175
Western Australia 15 years (1991–2005) 168
South Australia 12 years (1989–2001) 73
Tasmania 7 years (1996–2002) 12
Northern Territory 11 years (1999–2009) 44
Australian Capital Territory 8 years (1998–2005) 12
Total 1,194
Table A2 Data validation—summary of cases added to the NDICP database during phases one and two
Reference number Year of death Gender Indigenous status Custodial authority State Cause of death Manner of death
1093/05 1984–85 Male Non-Indigenous Police NSW Missing Missing
690/94 1994–95 Male Non-Indigenous Police NSW Gunshot Self-inflicted
1624/94 1994–95 Male Non-Indigenous Police NSW Head injury Self-inflicted
896/94 1994–95 Male Non-Indigenous Police NSW Drugs Self-inflicted
2067/94 1994–95 Male Non-Indigenous Police NSW Head injury Accidental
2544/94 1994–95 Male Non-Indigenous Police NSW External trauma Accidental
105/95 1994–95 Male Non-Indigenous Police NSW Gunshot Self-inflicted
1080/95 1994–95 Male Non-Indigenous Police NSW Drugs/alcohol Accidental
1312/95 1995–96 Male Non-Indigenous Police NSW Gunshot Self-inflicted
1540/95 1995–96 Male Non-Indigenous Police NSW Gunshot Self-inflicted
46/97 1996–97 Male Indigenous Prison WA Natural causes Natural causes
778/97 1996–97 Male Non-Indigenous Police NSW Gunshot Justifiable homicide
2022/97 1997–98 Male Non-Indigenous Prison NSW Natural causes Natural causes
1354/97 1997–98 Male Non-Indigenous Police NSW External trauma Accidental
651/98 1997–98 Male Non-Indigenous Police NSW External trauma Accidental
1265/98 1997–98 Male Non-Indigenous Prison NSW Drugs Accidental
927/98 1998–99 Female Non-Indigenous Prison WA Hanging Self-inflicted
1050/98 1998–99 Male Non-Indigenous Other/Cwth WA Hanging Self-inflicted
1096/98 1998–99 Male Non-Indigenous Police WA External trauma Accidental
172/99 1998–99 Male Non-Indigenous Prison NSW Drugs Accidental
700/99 1998–99 Male Non-Indigenous Prison NSW Natural causes Natural causes
3151/01 1998–99 Male Non-Indigenous Prison Qld Natural causes Natural causes
4700/01 1999–2000 Female Non-Indigenous Prison Qld Hanging Self-inflicted
1304/99 1999–2000 Male Non-Indigenous Police NSW Head injury Accidental
4042/01 1999–2000 Male Non-Indigenous Prison Qld Natural causes Natural causes
669/99 1999–2000 Male Non-Indigenous Prison NSW Hanging Self-inflicted
4878/01 2000–01 Male Non-Indigenous Prison Qld Hanging Self-inflicted
7017/00 2000–01 Male Non-Indigenous Police WA Drugs Accidental
1751/00 2000–01 Male Non-Indigenous Police NSW Gunshot Self-inflicted
3999/01 2000–01 Male Non-Indigenous Prison Qld Hanging Self-inflicted
2093/00 2000–01 Male Non-Indigenous Police NSW Gunshot Self-inflicted
3642/00 2000–01 Male Non-Indigenous Prison Vic Drugs/alcohol Accidental
4121/01 2000–01 Male Indigenous Prison Qld Hanging Self-inflicted
198/00 2000–01 Male Indigenous Police NT External trauma Accidental
1050/00 2000–01 Male Non-Indigenous Police WA External trauma Accidental
4243/00 2000–01 Male Non-Indigenous Other/Cwth Vic Natural causes Natural causes
63/01 2000–01 Male Non-Indigenous Police Vic External trauma Accidental
1015/01 2000–01 Male Non-Indigenous Police Vic External trauma Self-inflicted
4898/01 2001–02 Male Indigenous Prison Qld Hanging Self-inflicted
148/01 2001–02 Female Indigenous Police NT External trauma Unlawful homicide
1105/01 2001–02 Male Non-Indigenous Police NSW External trauma Self-inflicted
248/03 2001–02 Male Non-Indigenous Prison NSW External trauma Unlawful homicide
190/01 2001–02 Female Indigenous Police NT Head injury Accidental
193/01 2001–02 Male Indigenous Police NT Natural causes Natural causes
545/01 2001–02 Male Non-Indigenous Prison NSW Natural causes Natural causes
1120/01 2001–02 Female Non-Indigenous Police WA External trauma Self-inflicted
0286/02 2001–02 Male Non-Indigenous Other/Cwth NSW Gunshot Justifiable homicide
184/02 2001–02 Male Non-Indigenous Police WA Hanging Self-inflicted
525/02 2001–02 Female Non-Indigenous Police Qld Natural causes Natural causes
409/02 2001–02 Male Non-Indigenous Police NSW Gunshot Self-inflicted
657/02 2002–03 Male Indigenous Police WA External trauma Self-inflicted
2584/02 2002–03 Female Non-Indigenous Police Vic External trauma Self-inflicted
2754/02 2002–03 Male Non-Indigenous Police Vic External trauma Self-inflicted
6041/02 2002–03 Male Non-Indigenous Police WA Hanging Self-inflicted
2200/02 2002–03 Male Non-Indigenous Police NSW Gunshot Self-inflicted
126/03 2002–03 Male Non-Indigenous Prison WA Hanging Self-inflicted
39/03 2002–03 Female Indigenous Police NT External trauma Unlawful homicide
1940/03 2002–03 Male Non-Indigenous Police Vic External trauma Accidental
1450/03 2003–04 Male Non-Indigenous Police NSW Drugs Self-inflicted
194/04 2003–04 Male Non-Indigenous Police NSW Hanging Self-inflicted
1604/03 2003–04 Male Indigenous Police NSW Other/multiple Accidental
8/04 2003–04 Male Indigenous Police NT Natural causes Natural causes
7005/04 2003–04 Male Non-Indigenous Police WA External trauma Accidental
171/04 2003–04 Male Non-Indigenous Police WA External trauma Accidental
4019/04 2003–04 Female Non-Indigenous Prison WA Hanging Self-inflicted
1420/04 2003–04 Male Non-Indigenous Police Vic Other/multiple Accidental
3482/04 2004–05 Male Indigenous Police SA Hanging Self-inflicted
426/05 2004–05 Male Non-Indigenous Police Qld External trauma Self-inflicted
724/05 2004–05 Male Non-Indigenous Police SA Head injury Accidental
418/05 2004–05 Male Non-Indigenous Other/Cwth Other/Cwth External trauma Self-inflicted
1377/05 2004–05 Male Non-Indigenous Police Vic Gunshot Self-inflicted
1007/05 2004–05 Male Indigenous Police NSW Other/multiple Accidental
526/05 2004–05 Male Non-Indigenous Police NSW Gunshot Self-inflicted
717/05 2005–06 Male Non-Indigenous Police WA Head injury Accidental
1303/05 2005–06 Male Non-Indigenous Prison NSW Drugs Accidental
1978/05 2005–06 Male Non-Indigenous Police NSW Drugs Self-inflicted
307/06 2005–06 Male Indigenous Police Qld Head injury Unlawful homicide
56/06 2005–06 Male Non-Indigenous Police ACT Gunshot Self-inflicted
644/06 2005–06 Male Non-Indigenous Police NSW Gunshot Self-inflicted
1766/06 2005–06 Male Non-Indigenous Other/Cwth Qld Natural causes Natural causes
603/06 2006–07 Female Non-Indigenous Police WA Hanging Self-inflicted
2959/06 2006–07 Male Indigenous Police Vic External trauma Accidental
2709/06 2006–07 Male Non-Indigenous Police Qld External trauma Accidental
821/06 2006–07 Male Non-Indigenous Police WA Gunshot Self-inflicted
1883/06 2006–07 Male Non-Indigenous Police NSW External trauma Accidental
1852/06 2006–07 Male Non-Indigenous Police SA Natural causes Natural causes
9/07 2006–07 Male Non-Indigenous Police NSW External trauma Accidental
11/07 2006–07 Male Indigenous Police NT Natural causes Natural causes
717/07 2006–07 Male Non-Indigenous Police NSW External trauma Accidental
479/07 2006–07 Male Non-Indigenous Police NSW External trauma Accidental
1020/07 2006–07 Male Non-Indigenous Police NSW Gunshot Self-inflicted
556/07 2006–07 Male Non-Indigenous Police WA External trauma Accidental
3397/07 2007–08 Male Non-Indigenous Police VIC Head injury Accidental
180/07 2007–08 Female Non-Indigenous Police NT Gunshot Self-inflicted
1027/07 2007–08 Male Non-Indigenous Police WA Head injury Accidental
4794/07 2007–08 Male Non-Indigenous Police Vic External trauma Self-inflicted
2303/08 2007–08 Male Non-Indigenous Police NSW External trauma Accidental
2/08 2007–08 Male Indigenous Police NT Natural causes Natural causes
H0127/08 2007–08 Male Non-Indigenous Police Tas External trauma Accidental
3169/09 2008–09 Male Non-Indigenous Police NSW Natural causes Natural causes
4126/08 2008–09 Male Non-Indigenous Police Qld External trauma Accidental
1337/08 2008–09 Male Non-Indigenous Police NSW Head injury Accidental
4281/08 2008–09 Male Non-Indigenous Prison Vic Drugs Accidental
8430/08 2008–09 Male Non-Indigenous Police Qld External trauma Accidental

Appendix B: Example of the NDICP data collection form

Appendix C: Consensus Statement from the APMC from 1994 regarding deaths in police custody-related operations

Appendix D: Detailed findings from the National Deaths in Custody Program:

Number of deaths in police and prison custody

Deaths in prison custody, 1979–80 to 2010–11

Figure D1 Deaths in prison custody by jurisdiction, 1979–80 to 2010–11 (n)

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Figure D2 Rates of death in prison custody by Indigenous status and year, 1981–82 to 2010–11 (rate per 1,000 prisoners)a

a: Rates of death calculated per 1,000 relevant prisoners using the denominator ABS-A 2011–1981

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D3 Rate of death in prison in New South Wales and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D4 Rate of death in prison in Victoria and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D5 Rate of death in prison in Queensland and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Figure D6 Rate of death in prison in South Australia and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D7 Rate of death in prison in Western Australia and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D8 Rate of death in prison in Tasmania and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D9 Rate of death in prison in the Northern Territory and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Figure D10 Rate of death in prison in the Australian Capital Territory and Australia by year, 1981–82 to 2010–11 (rate per 100 prisoners)a

a: From 1981–82 to 1991–92 the denominator is ABS-A 1992–1981, from 1992–93 to 2010–11 the denominator is SCRCSP 2012–1997

Source: AIC NDICP 1981–82 to 2010–11 [computer file]

Table D1 Prison custody deaths by jurisdiction and year, 1979–80 to 2010–11 (n)
NSW Vic Qld WA SA Tas NT ACT Total
1979–80 3 2 3 1 5 0 1 0 15
1980–81 8 6 9 3 3 0 0 0 29
1981–82 7 7 6 5 1 1 0 0 27
1982–83 5 4 6 5 5 0 0 0 25
1983–84 12 14 4 2 1 0 0 0 33
1984–85 10 5 5 5 2 0 0 0 27
1985–86 6 2 7 1 0 0 2 0 18
1986–87 17 7 7 3 2 0 1 0 37
1987–88 13 18 5 3 2 2 0 1 44
1988–89 7 11 6 6 1 4 2 0 37
1989–90 28 4 12 3 5 1 0 0 53
1990–91 18 2 4 6 3 1 1 0 35
1991–92 6 2 11 4 5 3 0 0 31
1992–93 20 7 6 5 4 0 1 0 43
1993–94 29 5 11 2 6 3 1 0 57
1994–95 22 7 12 6 7 0 1 0 55
1995–96 18 5 9 6 6 2 1 1 48
1996–97 30 5 13 9 5 1 0 0 63
1997–98 29 13 11 17 6 1 3 1 81
1998–99 28 9 19 6 1 1 1 0 65
1999–2000 24 3 14 15 4 5 0 0 65
2000–01 18 12 11 9 7 0 2 0 59
2001–02 20 6 14 10 2 1 1 0 54
2002–03 16 5 7 8 5 1 2 0 44
2003–04 13 4 13 6 2 0 1 0 39
2004–05 15 4 4 7 6 2 1 0 39
2005–06 11 5 2 6 3 1 1 0 29
2006–07 22 3 6 3 4 1 1 0 40
2007–08 11 13 8 8 4 2 0 0 46
2008–09 15 8 9 4 5 1 0 1 43
2009–10 21 8 10 8 5 3 2 1 58
2010–11 20 10 11 5 4 2 6 0 58
Total 522 216 275 187 121 39 32 5 1,397

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Indigenous status

Table D2 Prison custody deaths by jurisdiction and Indigenous status, 1979–80 to 2010–11
Indigenous Non-Indigenous Total persons (n)
n % n %
New South Wales 70 13 452 87 522
Victoria 7 3 209 97 216
Queensland 54 20 221 80 275
Western Australia 61 33 126 67 187
South Australia 20 17 101 84 121
Tasmania 2 5 37 95 39
Northern Territory 24 75 8 25 32
Australian Capital Territory 0 0 5 100 5
Australia 238 17 1,159 83 1,397

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Legal status

Table D3 Prison custody deaths by jurisdiction, Indigenous status and legal status, 1979–80 to 2010–11 (n)
Sentenced Unsentenced Total
New South Wales Indigenous 46 24 70
Non-Indigenous 307 144 451
Victoria Indigenous 4 3 7
Non-Indigenous 147 62 209
Queensland Indigenous 40 13 53
Non-Indigenous 151 58 209
Western Australia Indigenous 45 16 61
Non-Indigenous 82 44 126
South Australia Indigenous 15 5 20
Non-Indigenous 59 42 101
Tasmania Indigenous 2 0 2
Non-Indigenous 24 12 36
Northern Territory Indigenous 18 6 24
Non-Indigenous 4 4 8
Australian Capital Territory Indigenous 0 0 0
Non-Indigenous 0 5 5
Totals Indigenous 170 67 237
Non-Indigenous 774 371 1,145
All personsa 944 438 1,382

a: 14 cases have been excluded due to missing data

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Sex

Table D4 Prison custody deaths by jurisdiction and sex, 1979–80 to 2010–11
% Total n
New South Wales Male 96 502
Female 4 20
Victoria Male 93 200
Female 7 16
Queensland Male 96 264
Female 4 11
Western Australia Male 96 179
Female 4 8
South Australia Male 96 116
Female 4 5
Tasmania Male 100 39
Female 0 0
Northern Territory Male 100 32
Female 0 0
Australian Capital Territory Male 80 4
Female 20 1
Totals Male 96 1,336
Female 4 61
All persons 100 1,397

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Age

Table D5 Median age at death in prison custody by jurisdiction and Indigenous status, 1979–80 to 2010–11 (n)
Indigenous Non-Indigenous Persons
n Median age n Median age Total n Median age
New South Wales 70 30.5 452 35.5 522 34
Victoria 7 33 209 36 216 36
Queensland 54 35 221 37 275 36
Western Australia 61 35 126 34 187 34
South Australia 20 30 101 37 121 35
Tasmania 2 38 37 40 39 40
Northern Territory 24 33.5 8 35.5 32 33.5
Australian Capital Territory 0 0 5 21 5 21
Australia 238 33 1,159 36 1,397 35

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Table D6 Age of persons dying in prison custody by jurisdiction, age in years and Indigenous status, 1979–80 to 2010–11 (n)
Less than 25 yrs 25–39 yrs 40–54 yrs 55 yrs+ Total
New South Wales Indigenous 19 36 11 4 70
Non-Indigenous 88 168 114 82 452
Victoria Indigenous 3 1 2 1 7
Non-Indigenous 34 86 42 47 209
Queensland Indigenous 14 20 15 5 54
Non-Indigenous 34 86 45 56 221
Western Australia Indigenous 11 27 21 2 61
Non-Indigenous 31 44 23 28 126
South Australia Indigenous 7 12 1 0 20
Non-Indigenous 10 43 24 24 101
Tasmania Indigenous 0 1 1 0 2
Non-Indigenous 8 10 9 10 37
Northern Territory Indigenous 4 16 3 1 24
Non-Indigenous 1 3 2 2 8
Australian Capital Territory Indigenous 0 0 0 0 0
Non-Indigenous 3 0 2 0 5
Totals Indigenous 58 113 54 13 238
Non-Indigenous 209 440 261 249 1,159
All persons 267 553 315 262 1,397

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Cause of death

Table D7 Cause of death in prison custody by jurisdiction and Indigenous status, 1979–80 to 2010–11 (n)
Hanging Natural causes Head injury Gunshot External/multiple trauma Drugs/alcohol Other Total
NSW Indigenous 25 31 0 0 9 5 0 70
Non-Indigenous 172 166 8 2 37 57 7 449
Vic Indigenous 2 4 0 0 0 1 0 7
Non-Indigenous 63 85 2 1 28 24 6 209
Qld Indigenous 24 28 0 0 0 1 1 54
Non-Indigenous 88 93 4 2 17 14 2 220
WA Indigenous 18 37 0 1 2 2 1 61
Non-Indigenous 60 43 1 0 8 8 5 125
SA Indigenous 9 8 1 0 1 1 0 20
Non-Indigenous 35 47 4 1 7 5 2 101
Tas Indigenous 1 1 0 0 0 0 0 2
Non-Indigenous 17 19 0 0 0 1 0 37
NT Indigenous 5 18 0 0 0 1 0 24
Non-Indigenous 4 2 0 0 2 0 0 8
ACT Indigenous 0 0 0 0 0 0 0 0
Non-Indigenous 3 2 0 0 0 0 0 5
Totals Indigenous 84 127 1 1 12 11 2 238
Non-Indigenous 442 457 19 6 99 109 22 1,154
All personsa 526 584 20 7 111 120 24 1,392

a: 5 cases have been excluded due to missing data

Source: AIC NDICP 1979– 80 to 2010–11 [computer file]

Manner of death

Table D8 Manner of death in prison custody by jurisdiction and Indigenous status, 1979–80 to 2010–11 (n)
Self–inflicted Natural causes Unlawful homicide Justifiable homicide Accident Other/unknown Total
NSW Indigenous 28 31 5 0 6 0 70
Non-Indigenous 194 166 32 1 48 8 449
Vic Indigenous 2 4 0 0 1 0 7
Non-Indigenous 77 85 11 1 31 4 209
Qld Indigenous 25 28 0 0 1 0 54
Non-Indigenous 94 93 17 2 13 1 220
WA Indigenous 19 37 1 0 1 3 61
Non-Indigenous 71 43 1 0 9 1 125
SA Indigenous 10 8 0 0 1 1 20
Non-Indigenous 42 47 3 1 5 2 100
Tas Indigenous 1 1 0 0 0 0 2
Non-Indigenous 17 19 0 0 0 1 37
NT Indigenous 5 18 0 0 1 0 24
Non-Indigenous 6 2 0 0 0 0 8
ACT Indigenous 0 0 0 0 0 0 0
Non-Indigenous 3 2 0 0 0 0 5
Totals Indigenous 90 127 6 0 11 4 238
Non-Indigenous 504 457 64 5 106 17 1,153
All personsa 594 584 70 5 117 21 1,391

a: 6 cases have been excluded due to missing data

Source: AIC N NDICP 1979–80 to 2010–11 [computer file]

Most serious offence

Table D9 Prison custody deaths by jurisdiction, most serious offence and Indigenous status, 1979–80 to 2010–11 (n)
Violent Theft-related Drug-related Traffic Good order Other Total
NSW Indigenous 38 20 4 3 3 2 70
Non-Indigenous 195 146 50 8 30 15 444
Vic Indigenous 4 2 0 0 1 0 7
Non-Indigenous 111 57 21 2 14 3 208
Qld Indigenous 33 10 2 2 3 3 53
Non-Indigenous 114 55 10 14 9 11 213
WA Indigenous 37 15 0 5 2 2 61
Non-Indigenous 73 35 6 2 7 3 126
SA Indigenous 10 3 0 1 4 2 20
Non-Indigenous 61 22 6 2 8 2 101
Tas Indigenous 1 0 0 0 0 1 2
Non-Indigenous 24 8 0 1 1 3 37
NT Indigenous 14 3 1 2 1 3 24
Non-Indigenous 4 2 0 0 1 1 8
ACT Indigenous 0 0 0 0 0 0 0
Non-Indigenous 3 1 0 0 0 1 5
Totals Indigenous 137 53 7 13 14 13 237
Non-Indigenous 585 326 93 29 70 39 1,142
All personsa 722 379 100 42 84 52 1,379

a: 18 cases have been excluded due to missing data

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Location of death

Table D10 Prison custody deaths by jurisdiction, location and Indigenous status, 1979–80 to 2010–11 (n)
Public hospital Prison hospital Cell Other custodial setting Public place Private property Other Total
NSW Indigenous 23 4 38 4 0 0 1 70
Non-Indigenous 103 41 262 21 1 1 1 430
Vic Indigenous 0 2 5 0 0 0 0 7
Non-Indigenous 42 30 117 7 0 0 2 198
Qld Indigenous 12 2 32 4 0 0 0 50
Non-Indigenous 75 18 81 14 1 0 0 189
WA Indigenous 25 1 28 3 0 0 0 57
Non-Indigenous 31 4 74 7 4 1 1 122
SA Indigenous 5 1 13 0 0 0 0 19
Non-Indigenous 42 4 48 4 0 0 1 99
Tas Indigenous 1 0 1 0 0 0 0 2
Non-Indigenous 15 8 13 1 0 0 0 37
NT Indigenous 14 1 8 0 0 0 0 23
Non-Indigenous 5 0 3 0 0 0 0 8
ACT Indigenous 0 0 0 0 0 0 0 0
Non-Indigenous 2 0 3 0 0 0 0 5
Totals Indigenous 80 11 125 11 0 0 1 228
Non-Indigenous 315 105 601 54 6 2 5 1,088
All personsa 395 116 726 65 6 2 6 1,316

a: 81 cases have been excluded due to missing data

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Deaths in police custody and custody-related operations

Figure D11 Deaths in police custody and custody-related operations by jurisdiction, 1979–80 to 2010–11 (n)

Source: AIC NDICP 1979–80 to 2010–11 [computer file]

Table D11 Deaths in police custody and custody-related operations by jurisdiction and year, 1989–80 to 2010–11 (n)
NSW Vic Qld WA SA Tas NT ACT Cwlth Total
1989–90 5 7 7 5 2 1 1 1 0 29
1990–91 3 9 6 4 2 0 2 0 0 26
1991–92 4 9 5 0 2 3 1 1 0 25
1992–93 16 14 3 1 4 0 0 0 0 38
1993–94 8 10 7 0 1 2 2 1 0 31
1994–95 14 5 4 3 1 1 1 0 1 30
1995–96 9 7 5 4 1 3 1 1 0 31
1996–97 16 2 2 6 2 1 5 0 0 34
1997–98 14 8 1 3 0 0 2 0 0 28
1998–99 6 4 6 3 0 0 2 0 0 21
1999–2000 11 4 4 5 7 0 4 0 1 36
2000–01 17 3 3 4 5 0 1 0 0 33
2001–02 14 13 3 6 1 0 5 0 0 42
2002–03 14 6 7 7 3 1 3 0 0 41
2003–04 15 6 9 6 2 0 3 1 0 42
2004–05 11 7 10 6 2 0 0 0 0 36
2005–06 5 2 4 6 4 0 1 1 0 23
2006–07 11 6 4 4 4 0 1 1 0 31
2007–08 7 8 5 4 4 1 5 0 0 34
2008–09 6 3 9 8 6 0 5 0 0 37
2009–10 5 6 6 4 1 1 4 1 0 28
2010–11 5 2 7 6 2 2 1 1 0 26
Total 216 141 117 95 56 16 50 9 2 702

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Category 1 and Category 2 deaths

Table D12 Deaths in police custody and custody-related operations by jurisdiction and category, 1989–90 to 2010–11
% Total n
New South Wales Category 1 31 67
Category 2 69 149
Victoria Category 1 60 84
Category 2 40 57
Queensland Category 1 56 66
Category 2 44 51
Western Australia Category 1 38 36
Category 2 62 59
South Australia Category 1 46 26
Category 2 54 30
Tasmania Category 1 38 6
Category 2 63 10
Northern Territory Category 1 54 27
Category 2 46 23
Australian Capital Territory Category 1 33 3
Category 2 67 6
Australian Government Category 1 100 2
Category 2 0 0
Australia Category 1 45 317
Category 2 55 385
Total 702

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Indigenous status

Table D13 Deaths in police custody and custody-related operations by jurisdiction and Indigenous status, 1989–90 to 2010–11
Indigenous Non-Indigenous Persons
n % n % Total n
New South Wales 26 12 190 88 216
Victoria 7 5 134 95 142
Queensland 21 18 96 82 117
Western Australia 42 44 53 56 95
South Australia 13 23 43 77 56
Tasmania 2 13 14 88 16
Northern Territory 31 62 19 38 50
Australian Capital Territory 0 0.0 9 100 9
Australian Government 0 0.0 2 100 2
Australia 142 20 560 80 702

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Sex

Table D14 Deaths in police custody and custody-related operations by jurisdiction and sex, 1989–90 to 2010–11
% Total n
New South Wales Male 96 208
Female 4 8
Victoria Male 90 127
Female 10 14
Queensland Male 91 106
Female 9 11
Western Australia Male 93 88
Female 7 7
South Australia Male 93 52
Female 7 4
Tasmania Male 100 16
Female 0 0
Northern Territory Male 88 44
Female 12 6
Australian Capital Territory Male 100 9
Female 0 0
Australian Government Male 100 2
Female 0 0
Totals Male 93 652
Female 7 50

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Age

Table D15 Median age at deaths in police custody and custody-related operations by jurisdiction and Indigenous status, 1989–90 to 2010–11 (n)
Indigenous Non-Indigenous Persons
n Median age (yrs) n Median age (yrs) Total n Median age (yrs)
New South Wales 26 27.5 190 31.5 216 31
Victoria 7 33 134 29.5 141 30
Queensland 21 27 96 35.5 117 34
Western Australia 42 20.5 53 29 95 27
South Australia 13 24 43 29 56 28
Tasmania 2 21.5 14 33.5 16 29.5
Northern Territory 31 33 19 28 50 33
Australian Capital Territory 0 0 9 27 9 27
Australian Government 0 0 2 44.5 2 44.5
Australia 142 26.5 560 31 702 30

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Table D16 Age at death in police custody and custody-related operations by jurisdiction and age category, 1989–90 to 2010–11 (n)
Less than 25 yrs 25–39 yrs 40–54 yrs 55 yrs+ Total
NSW Indigenous 11 9 5 1 26
Non-Indigenous 54 82 40 14 190
Vic Indigenous 0 6 1 0 7
Non-Indigenous 41 59 25 9 134
Qld Indigenous 9 7 4 1 21
Non-Indigenous 16 43 28 9 96
WA Indigenous 25 12 5 0 42
Non-Indigenous 14 29 8 1 52
SA Indigenous 7 4 1 1 13
Non-Indigenous 15 19 6 3 43
Tas Indigenous 1 1 0 0 2
Non-Indigenous 4 4 5 1 14
NT Indigenous 10 13 8 0 31
Non-Indigenous 6 7 4 2 19
ACT Indigenous 0 0 0 0 0
Non-Indigenous 3 3 3 0 9
Australian Government Indigenous 0 0 0 0 0
Non-Indigenous 0 1 0 1 2
Totalsa Indigenous 63 52 24 3 142
Non-Indigenous 153 247 119 40 559
All persons 216 299 143 43 701

a: 1 case has been omitted due to missing data about age at death

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Cause of death

Table D17 Cause of death in police custody and custody-related operations by jurisdiction and Indigenous status, 1989–90 to 2010–11 (n)
Hanging Natural causes Head injury Gunshot External/multiple trauma Drugs/alcohol Other Total
NSW Indigenous 2 1 3 4 11 1 4 26
Non-Indigenous 13 10 11 65 74 13 4 190
Vic Indigenous 1 1 1 1 2 1 0 7
Non-Indigenous 12 11 15 48 30 9 8 133
Qld Indigenous 2 6 3 1 5 1 2 20
Non-Indigenous 4 12 7 29 25 12 7 96
WA Indigenous 5 9 6 0 21 1 0 42
Non-Indigenous 6 1 2 12 26 3 3 53
SA Indigenous 3 2 1 2 5 0 0 13
Non-Indigenous 2 5 6 12 13 4 1 43
Tas Indigenous 0 0 0 2 0 0 0 2
Non-Indigenous 0 1 2 7 3 0 1 14
NT Indigenous 2 11 4 3 9 0 2 31
Non-Indigenous 2 1 2 7 4 2 1 19
ACT Indigenous 0 0 0 0 0 0 0 0
Non-Indigenous 1 1 0 5 2 0 0 9
Aust Govt Indigenous 0 0 0 0 0 0 0 0
Non-Indigenous 0 1 0 0 0 1 0 2
Totals Indigenous 15 30 18 13 53 4 8 141
Non-Indigenous 40 43 45 185 177 44 25 559
All personsa 55 73 63 198 230 48 33 700

a: 2 cases have been excluded due to missing data

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Manner of death

Table D18 Manner of deaths in police custody and custody-related operations by jurisdiction and Indigenous status, 1989–90 to 2010–11 (n)
Self-inflicted Natural causes Unlawful homicide Justifiable homicide Accident Other/unknown Total
NSW Indigenous 6 1 1 2 16 0 26
Non-Indigenous 81 10 4 21 72 1 189
Vic Indigenous 2 1 0 1 3 0 7
Non-Indigenous 36 11 1 36 47 2 133
Qld Indigenous 3 6 1 0 8 2 20
Non-Indigenous 28 12 1 15 38 2 96
WA Indigenous 6 9 4 0 23 0 42
Non-Indigenous 18 1 0 6 27 1 53
SA Indigenous 5 2 0 2 4 0 13
Non-Indigenous 13 5 0 7 18 0 43
Tas Indigenous 1 0 0 1 0 0 2
Non-Indigenous 5 1 0 2 6 0 14
NT Indigenous 3 11 2 0 13 2 31
Non-Indigenous 8 1 0 4 4 2 19
ACT Indigenous 0 0 0 0 0 0 0
Non-Indigenous 3 1 0 2 3 0 9
Aust Govt Indigenous 0 0 0 0 0 0 0
Non-Indigenous 0 1 0 0 1 0 2
Totals Indigenous 26 30 8 6 67 4 141
Non-Indigenous 192 43 6 93 216 8 558
All personsa 218 73 14 99 283 12 699

a: 3 cases have been excluded due to missing data

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Most serious offence

Table D19 Deaths in police custody and custody-related operations by jurisdiction, most serious offence and Indigenous status, 1989–90 to 2010–11 (n)
Violent Theft-related Drug-related Traffic Good order Other Total
NSW Indigenous 6 9 1 2 5 2 25
Non-Indigenous 67 34 9 36 11 28 185
Vic Indigenous 2 1 0 0 2 1 6
Non-Indigenous 43 42 3 17 20 7 132
Qld Indigenous 7 5 0 1 8 0 21
Non-Indigenous 33 8 6 17 20 8 92
WA Indigenous 6 23 0 5 5 2 41
Non-Indigenous 15 7 1 12 6 7 48
SA Indigenous 4 7 0 0 0 1 12
Non-Indigenous 13 8 0 8 5 9 43
Tas Indigenous 1 0 0 0 1 0 2
Non-Indigenous 4 0 0 4 4 2 14
NT Indigenous 4 5 0 1 12 8 30
Non-Indigenous 8 2 0 1 6 2 19
ACT Indigenous 0 0 0 0 0 0 0
Non-Indigenous 3 2 0 1 2 1 9
Aust Govt Indigenous 0 0 0 0 0 0 0
Non-Indigenous 0 1 0 0 0 1 2
Totalsa Indigenous 30 50 1 9 33 14 137
Non-Indigenous 186 104 19 96 74 65 544
All personsa 216 154 20 105 107 79 681

a: 21 cases have been excluded due to missing data

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Location

Table D20 Deaths in police custody and custody-related operations by jurisdiction, location of death and Indigenous status, 1989–90 to 2010–11 (n)
Public hospital Cell Other custodial setting Private property Public place Other Total
NSW Indigenous 8 1 1 4 12 0 26
Non-Indigenous 49 8 4 32 95 2 190
Vic Indigenous 2 1 1 1 2 0 7
Non-Indigenous 31 15 13 19 53 3 134
Qld Indigenous 9 5 2 0 4 1 21
Non-Indigenous 19 18 4 19 33 3 96
WA Indigenous 9 7 3 2 21 0 42
Non-Indigenous 13 1 1 9 27 2 53
SA Indigenous 6 1 0 2 4 0 13
Non-Indigenous 10 4 0 8 20 1 43
Tas Indigenous 1 0 0 0 1 0 2
Non-Indigenous 5 1 1 5 2 0 14
NT Indigenous 14 2 1 1 12 1 31
Non-Indigenous 6 3 1 2 6 1 19
ACT Indigenous 0 0 0 0 0 0 0
Non-Indigenous 2 0 1 2 4 0 9
Aust Govt Indigenous 0 0 0 0 0 0 0
Non-Indigenous 0 0 2 0 0 0 2
Totals Indigenous 49 17 8 10 56 2 142
Non-Indigenous 135 50 27 96 240 12 560
All persons 184 67 35 106 296 14 702

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Type of police custody

Table D21 Deaths in police custody and custody-related operations by jurisdiction and type of custody, 1989–90 to 2010–11
Institution Escaping Detaining Other Total n
% n % n % n % n
NSW 15 25 40 2 37 188 5 1 216
Vic 25 41 0 0 19 96 19 4 141
Qld 26 43 20 1 14 70 14 3 117
WA 15 24 0 0 13 67 19 4 95
SA 6 9 0 0 9 44 14 3 56
Tas 2 3 0 0 3 13 0 0 16
NT 10 16 40 2 5 26 29 6 50
ACT 1 2 0 0 1 7 0 0 9
Aust Govt 1 2 0 0 0.0 0 0 0 2
Total 165 5 511 21 702

Note: Percentages may not total 100 due to rounding

Source: AIC NDICP 1989–90 to 2010–11 [computer file]

Appendix E: Populations used as the denominator for calculating rates of death in prison

Table E1 Prison population by jurisdiction and year, 1981–82 to 2010–11 (n)
NSW Vic Qld SA WA Tas NT ACT Aust
1981–82 3,719 1,753 1,638 812 1,350 237 312 5 9,826
1982–83 3,733 1,996 1,709 764 1,503 209 265 15 10,196
1983–84 3,354 1,845 1,881 564 1,543 241 248 17 9,693
1984–85 4,115 1,879 1,999 783 1,495 228 334 11 10,844
1985–86 4,230 1,955 2,186 810 1,612 258 429 17 11,497
1986–87 4,551 1,956 2,343 875 1,627 280 467 14 12,113
1987–88 4,691 2,071 2,374 844 1,649 297 381 14 12,321
1988–89 5,261 2,256 2,390 871 1,568 245 351 22 12,964
1989–90 6,366 2,316 2,296 931 1,720 237 415 24 14,305
1990–91 7,103 2,310 2,094 1,042 1,726 265 465 16 15,021
1991–92 7,485 2,277 2,017 1,152 1,893 269 447 19 15,559
1992–93 6,181 2,271 2,070 1,868 1,226 260 434 17 14,327
1993–94 6,422 2,521 2,611 2,099 1,211 253 447 19 15,583
1994–95 6,278 2,456 3,091 2,125 1,342 262 465 19 16,038
1995–96 6,291 2,432 3,462 2,237 1,404 267 467 30 16,590
1996–97 6,323 2,478 3,921 2,231 1,475 272 541 38 17,279
1997–98 6,358 2,692 4,586 2,255 1,421 269 610 42 18,233
1998–99 6,884 2,856 5,044 2,685 1,383 332 624 41 19,849
1999–2000 7,311 3,062 5,061 2,969 1,329 359 614 49 20,753
2000–01 7,531 3,276 4,714 3,119 1,321 370 660 59 21,050
2001–02 7,764 3,446 4,982 2,922 1,436 386 671 65 21,672
2002–03 7,983 3,644 5,067 2,843 1,470 442 715 68 22,232
2003–04 8,367 3,669 5,264 3,006 1,469 457 719 64 23,015
2004–05 8,926 3,596 5,329 3,372 1,510 521 770 69 24,093
2005–06 9,101 3648 5,449 3,433 1,548 504 791 67 24,541
2006–07 9,468 4,044 5,649 3,622 1,686 534 834 64 25,901
2007–08 9,634 4,177 5,491 3,802 1,855 539 875 82 26,455
2008–09 10,068 4,299 5,629 4,012 1,935 522 1,030 117 27,612
2009–10 10,352 4,492 5,631 4,759 1,963 489 1,081 189 28,956
2010–11 10,094 4,586 5,537 4,633 1,987 474 1,172 228 28,711

Source: Population between 1981–82 and 1991–92 is ABS-A 1992–1981, between 1992–93 and 2010–11 the population is SCRCSP 2012–1997

Table E2 Prison population by sex and year, 1981–82 to 2010–11 (n)
Males Females Total
1981–82 9,491 335 9,826
1982–83 9,797 399 10,196
1983–84 9,314 380 9,694
1984–85 10,342 502 10,844
1985–86 10,943 554 11,497
1986–87 11,543 570 12,113
1987–88 11,670 651 12,321
1988–89 12,284 680 12,964
1989–90 13,527 778 14,305
1990–91 14,293 728 15,021
1991–92 14,799 760 15,559
1992–93 15,102 764 15,866
1993–94 16,107 837 16,944
1994–95 16,593 835 17,428
1995–96 17,221 972 18,193
1996–97 17,987 1,095 19,082
1997–98 18,778 1,128 19,906
1998–99 18,623 1,157 19,781
1999–2000 19,419 1,289 20,708
2000–01 19,673 1,321 20,993
2001–02 20,061 1,389 21,450
2002–03 20,642 1,475 22,118
2003–04 21,371 1,514 22,885
2004–05 22,427 1,661 24,089
2005–06 22,855 1,677 24,532
2006–07 24,042 1,851 25,893
2007–08 24,575 1,878 26,454
2008–09 25,662 1,971 27,633
2009–10 26,825 2,131 28,956
2010–11 26,651 2,057 28,708

Source: Population between 1981–82 and 1997–98 is ABS-A 1998–1981, from 1998–99 and 2010–11 the population is ABS-B 2011–1999

Table E3 Prison population by Indigenous status and year, 1981–82 to 2010–11 (n)
Indigenous Non-Indigenous Unknown Total
1981–82a 1,049 6,951 188 8,188
1982–83a 1,118 7,225 144 8,487
1983–84a 1,018 6,484 311 7,813
1984–85a 1,153 7,472 220 8,845
1985–86a 1,313 7,746 252 9,311
1986–87 1,766 10,201 146 12,113
1987–88 1,809 10,232 280 12,321
1988–89 1,825 10,967 172 12,964
1989–90 2,041 11,819 445 14,305
1990–91 2,166 12,323 532 15,021
1991–92 2,223 13,232 104 15,559
1992–93 2,416 13,322 128 15,866
1993–94b 2,800 14,144 n/a 16,944
1994–95b 2,985 14,443 n/a 17,428
1995–96b 3,273 14,920 n/a 18,193
1996–97 3,580 15,144 358 19,082
1997–98 3,750 15,884 236 19,906
1998–99 4,047 15,803 154 19,850
1999–2000 4,041 16,712 0 20,753
2000–01 4,091 16,678 0 20,769
2001–02 4,239 16,930 0 21,169
2002–03 4,600 17,144 0 21,744
2003–04 4,960 17,564 0 22,524
2004–05 5,474 18,008 506 23,482
2005–06 5,815 18,280 229 24,095
2006–07 6,297 19,207 207 25,504
2007–08 6,505 19,679 248 26,184
2008–09 6,948 20,279 377 27,227
2009–10 7,544 20,750 289 28,293
2010–11 7,507 20,747 24 28,254

a: From 1983 to 1986, Queensland was unable to provide a breakdown by Indigenous Status. The data for these years is for Australia, excluding Queensland

b: From 1994 to 1996, non-Indigenous persons includes persons of unknown Indigenous status

Source: Population between 1981–82 and 1997–98 is ABS-A 1998–1981, between 1998–99 and 2010–11 the population is SCRCSP 2012–1997

Table E4 Prison population by age in years, 1981–82 to 2010–11 (n)
Less than 25 yrs 25–39 yrs 40–54 yrs 55 yrs+ Unknown Total
1981–82 3,916 4,647 1,064 199 0 9,826
1982–83 4,021 4,848 1,107 208 12 10,196
1983–84 3,679 4,741 1,062 196 16 9,694
1984–85 4,211 5,244 1,173 201 15 10,844
1985–86 4,154 5,762 1,346 229 6 11,497
1986–87 4,317 6,005 1,522 261 8 12,113
1987–88 4,294 6,053 1,635 266 73 12,321
1988–89 4,271 6,564 1,767 241 121 12,964
1989–90 4,737 7,172 1,952 301 143 14,305
1990–91 4,951 7,658 2,083 329 0 15,021
1991–92 5,000 7,946 2,231 382 0 15,559
1992–93 4,826 8,149 2,428 458 5 15,866
1993–94 5,003 8,656 2,727 550 8 16,944
1994–95 5,024 8,811 2,973 614 6 17,428
1995–96 5,195 9,286 3,031 681 0 18,193
1996–97 5,419 9,612 3,317 728 6 19,082
1997–98 5,471 10,193 3,432 808 2 19,906
1998–99 5,721 11,193 3,737 885 2 21,538
1999–2000 5,659 11,199 3,894 958 4 21,714
2000–01 5,691 11,731 4,003 1,002 31 22,458
2001–02 5,431 11,875 4,147 1,039 0 22,492
2002–03 5,229 12,557 4,597 1,172 0 23,555
2003–04 5,176 12,806 4,888 1,282 19 24,171
2004–05 5,124 13,518 5,305 1,406 0 25,353
2005–06 5,087 13,673 5,548 1,476 0 25,784
2006–07 5,282 14,400 6,001 1,541 0 27,224
2007–08 5,318 14,313 6,276 1,716 0 27,623
2008–09 5,661 15,073 6,784 1,801 0 29,319
2009–10 5,804 15,017 7,002 1,879 0 29,702
2010–11 5,621 14,490 6,991 1,999 0 29,101

Source: ABS-A 2011–1981

Table E5 Prison population by most serious offence and year, 1981–82 to 2010–11 (n)
Violence-relateda Theft-relatedb Drug-relatedc Traffic-relatedd Good order-relatede Other offencesf Unknown Totalg
1981–82 2,800 4,557 790 947 565 71 96 9,826
1982–83 2,799 4,753 806 1,001 669 78 90 10,196
1983–84 2,718 4,487 855 911 581 126 16 9,694
1984–85 2,941 5,012 1,118 979 729 51 14 10,844
1985–86 3,111 5,117 1,296 977 894 30 72 11,497
1986–87 3,440 5,449 1,258 928 865 154 19 12,113
1987–88 3,532 5,431 1,351 851 913 79 164 12,321
1988–89 3,971 5,490 1,297 729 1,150 267 60 12,964
1989–90 4,417 6,029 1,347 985 1,201 316 10 14,305
1990–91 4,730 6,294 1,364 1,022 1,293 312 6 15,021
1991–92 4,936 6,407 1,518 1,005 1,329 328 36 15,559
1992–93 5,384 6,375 1,704 908 1,113 371 11 15,866
1993–94 5,902 6,759 1,923 837 1,330 157 36 16,944
1994–95 6,305 6,760 1,904 959 1,383 115 2 17,428
1995–96 6,637 7,072 1,895 1,046 1,378 119 46 18,193
1996–97 6,860 7,601 1,896 1,041 1,538 145 1 19,082
1997–98 7,161 7,562 1,836 1,101 1,903 291 52 19,906
1998–99 7,395 8,068 1,987 1,315 2,374 384 15 21,538
1999–2000 7,276 7,988 2,227 1,407 2,175 638 3 21,714
2000–01 7,995 8,454 2,271 924 2,240 574 0 22,458
2001–02 8,169 8,554 2,194 1,005 2,053 513 4 22,492
2002–03 9,029 8,720 2,212 1,089 1,958 546 1 23,555
2003–04 9,366 8,449 2,429 1,125 2,348 453 0 24,170
2004–05 10,369 8,397 2,483 1,284 2,558 262 0 25,353
2005–06 10,921 7,979 2,516 1,382 2,714 268 11 25,791
2006–07 11,624 8,247 2,709 1,418 2,986 213 25 27,222
2007–08 12,042 7,850 2,885 1,411 3,061 359 7 27,615
2008–09 13,135 8,166 3,217 1,414 3,084 276 27 29,319
2009–10 13,563 8,373 3,233 1,172 3,172 154 28 29,695
2010–11 13,284 7,906 3,296 958 3,498 151 13 29,106

a: Homicide, acts intended to cause injury, sexual assault and related offences, dangerous or negligent acts endangering persons, abduction and related offences, and weapons and explosives offences

b: Robbery, extortion and related offences, unlawful entry with intent, theft and related offences, and fraud, deception and related offences

c: Illicit drug offences

d: Road traffic and motor vehicle regulatory offences

e: Public order offences and offences against justice procedures, government security and operations

f: Miscellaneous offences

g: Total—Average annual number of prisoners

Source: ABS-A 2011–1981

Table E6 Prison population by legal status and year, 1981–82 to 2010–11 (n)
Unsentenced Sentenced Unknown Total
1981–82 996 8,830 0 9,826
1982–83 1,065 9,131 0 10,196
1983–84 1,117 8,535 42 9,694
1984–85 1,445 9,364 35 10,844
1985–86 1,471 9,984 42 11,497
1986–87 1,574 10,517 22 12,113
1987–88 1,638 10,611 72 12,321
1988–89 1,675 11,269 20 12,964
1989–90 1,913 12,371 21 14,305
1990–91 1,974 13,036 11 15,021
1991–92 1,854 13,705 0 15,559
1992–93 1,883 13,983 0 15,866
1993–94 1,946 14,998 0 16,944
1994–95 1,999 15,429 0 17,428
1995–96 2,306 15,887 0 18,193
1996–97 2,560 16,522 0 19,082
1997–98 2,788 17,118 0 19,906
1998–99 3,043 16,655 0 19,697
1999–2000 3,510 17,115 0 20,624
2000–01 4,033 16,885 0 20,918
2001–02 4,446 16,945 0 21,391
2002–03 4,635 17,411 0 22,047
2003–04 4,915 17,992 0 22,907
2004–05 5,166 18,895 0 24,060
2005–06 5,291 19,196 0 24,487
2006–07 5,909 19,929 0 25,838
2007–08 6,277 20,157 0 26,434
2008–09 6,504 21,072 0 27,575
2009–10 6,590 22,341 0 28,930
2010–11 6,620 22,117 0 28,737

Source: Population between 1981–82 and 1997–98 is ABS-A 1998–1981, between 1998–99 and 2010–11 the population is ABS-B 2011–1999

Table E7 Average number of sentenced prisoners in Australia by jurisdiction and financial year, 2008–09 to 2010–11 (n)
NSW Vic Qld SA WA Tas NT ACT Aust
2008–09 Sep–08 7,417 3,458 4,336 1,294 3,037 407 730 0 20,679
Dec–08 7,399 3,490 4,440 1,288 3,210 424 745 0 20,996
Mar–09 7,366 3,401 4,381 1,271 3,292 401 818 0 20,929
Jun–09 7,671 3,435 4,560 1,298 3,431 403 814 73 21,685
Fin year average 7,463 3,446 4,429 1,288 3,243 409 777 73 21,072
2009–10 Sep–09 7,692 3,546 4,475 1,301 3,821 403 798 103 22,138
Dec–09 7,752 3,613 4,393 1,304 4,045 408 824 103 22,443
Mar–10 7,547 3,640 4,391 1,267 4,092 359 839 108 22,243
Jun–10 7,648 3,700 4,534 1,264 4,010 378 875 124 22,535
Fin year average 7,660 3,625 4,448 1,284 3,992 387 834 110 22,340
2010–11 Sep–10 7,645 3,755 4,441 1,308 3,969 383 852 134 22,487
Dec–10 7,577 3,780 4,391 1,311 3,820 398 885 137 22,299
Mar–11 7,251 3,667 4,257 1,326 3,771 369 893 139 21,673
Jun–11 7,253 3,746 4,380 1,359 3,802 387 935 146 22,008
Fin year average 7,432 3,737 4,367 1,326 3,841 384 891 139 22,117

Source: ABS 2012

Table E8 Average number of unsentenced prisoners in Australia by jurisdiction and financial year, 2008–09 to 2010–11 (n)
NSW Vic Qld SA WA Tas NT ACT Aust
2008–09 Sep–08 2,523 827 1,227 668 791 113 214 92 6,456
Dec–08 2,532 869 1,151 640 739 104 228 107 6,370
Mar–09 2,727 813 1,162 654 688 107 279 112 6,543
Jun–09 2,714 877 1,170 677 746 123 271 71 6,649
Fin year average 2,624 847 1,178 660 741 112 248 96 6,505
2009–10 Sep–09 2,707 844 1,137 691 710 112 240 59 6,500
Dec–09 2,596 891 1,139 660 727 99 243 72 6,427
Mar–10 2,737 836 1,204 658 736 92 259 87 6,609
Jun–10 2,778 861 1,215 715 829 99 238 92 6,826
Fin year average 2,705 858 1,174 681 751 101 245 78 6,591
2010–11 Sep–10 2,591 812 1,160 676 765 108 245 79 6,437
Dec–10 2,524 828 1,164 662 752 93 254 81 6,357
Mar–11 2,755 847 1,170 673 825 84 283 93 6,730
Jun–11 2,865 896 1,190 647 862 90 314 93 6,956
Fin year average 2,684 846 1,171 665 801 94 274 87 6,620

Source: ABS 2012

Table E9 Average number of prisoners in Australia by jurisdiction and financial year, 2008–09 to 2010–11 (n)
NSW Vic Qld SA WA Tas NT ACT Aust
2008–09 Sep–08 9,940 4,286 5,563 1,962 3,828 519 944 92 27,135
Dec–08 9,931 4,359 5,591 1,927 3,949 527 973 107 27,365
Mar–09 10,092 4,214 5,543 1,925 3,980 508 1,097 112 27,472
Jun–09 10,385 4,312 5,730 1,975 4,177 526 1,085 144 28,334
Fin year average 10,087 4,293 5,607 1,947 3,984 520 1,025 114 27,577
2009–10 Sep–09 10,399 4,390 5,611 1,992 4,531 516 1,038 162 28,638
Dec–09 10,348 4,504 5,532 1,964 4,772 506 1,067 176 28,870
Mar–10 10,284 4,476 5,594 1,926 4,828 451 1,098 195 28,852
Jun–10 10,426 4,561 5,749 1,980 4,839 477 1,113 216 29,361
Fin year average 10,364 4,483 5,622 1,966 4,743 488 1,079 187 28,930
2010–11 Sep–10 10,,235 4,567 5,601 1,984 4,734 491 1,097 213 28,924
Dec–10 10,100 4,608 5,555 1,973 4,572 491 1,139 218 28,656
Mar–11 10,006 4,514 5,428 1,999 4,596 453 1,175 232 28,404
Jun–11 10,118 4,641 5,570 2,005 4,664 477 1,250 238 28,964
Fin year average 10,115 4,583 5,539 1,990 4,642 478 1,165 225 28,737

Source: ABS 2012

Table E10 Private prison population in Australia by jurisdiction and year, 1998–99 to 2010–11 (n)
NSW Vic Qld SA WA Tas NT ACT Aust
1998–99 589 1,306 1,177 103 3,175
1999–2000 591 1,396 1,097 104 3,188
2000–01 590 1,366 1,200 102 7 3,265
2001–02 563 1,404 1,159 104 400 3,630
2002–03 720 1,445 1,210 106 690 4,171
2003–04 726 1,481 1,248 107 719 4,281
2004–05 730 1,473 1,263 107 729 4,303
2005–06 724 1,523 1,304 109 725 4,385
2006–07 756 1,461 1,,294 116 768 4,395
2007–08 769 1,426 1,284 139 779 4,398
2008–09 779 1,457 1,243 147 823 4,449
2009–10 1,241 1,507 1,317 156 954 5,175
2010–11 1,496 1,530 1,340 162 991 5,520

Source: SCRCSP 2012–1998