Who Should Investigate Deaths in Custody?

The death of Walpiri man Kumanjayi White on 27 May 2025 after being restrained by two plain-clothes police in a supermarket in Alice Springs has sparked renewed outrage over the high rate of Indigenous deaths in custody in Australia. It has also prompted calls for deaths in custody to be investigated externally, rather than internally by the police. This page outlines the debate around Indigenous deaths in custody and how these investigations should be handled.

Rate of deaths in custody

So far this year, there have been 12 Indigenous deaths in custody in Australia. There have been almost 600 deaths is custody since the 1991 Royal Commission into Aboriginal Deaths in Custody. The deaths have included men, women and children.

The Australian Human Rights Commission is calling for urgent reform, including all state and territory governments committing to meeting Closing the Gap targets and taking action to prevent people from entering the justice system.

Social Justice Commissioner Katie Kiss is also calling for the full implementation of the recommendations made in the 1991 Royal Commission.

Commission President Hugh de Kretser said:

“Without an evidence and human rights-based approach to justice and corrections, the massive over-representation of our peoples in custody – and dying in custody – will remain a national shame. Enough is enough.”

Closing the Gap

The National Agreement on Closing the Gap is an agreement made between Australian governments and Aboriginal and Torres Strait Islander peak organisations, on how to improve life outcomes for Indigenous people. The agreement was originally signed in 2008, but an updated version was completed in 2020.

The 2020 Agreement sets out 17 socio-economic targets, where inequality between Indigenous and non-Indigenous Australians needs to be addressed. These include justice; education and income; and life expectancy and health.

The Closing the Gap Agreement states that it is a commitment to policy making being done in partnership between governments and Indigenous people in order to eventually achieve equality between all Australians. It sets out how the agreement is to be implemented.

Governments are required to publicly report on their progress in addressing Close the Gap targets.

Police investigations

When a death in custody occurs, the police of the state or territory where it occurred conduct the investigation. The Human Rights Commission is now calling for this practice to end, saying that it breeds mistrust and leads to a lack of accountability in these investigations. The Coronial Inquest that follows then has to rely on evidence gathered by police.

The commission is calling for independent entities to investigate police misconduct to ensure that such investigations are conducted transparently and that complainants are appropriately supported. Overseas models exist for the independent oversight of police conduct, such as Northern Ireland’s Police Ombudsman.

Indigenous organizations have also called for deaths in custody to be investigated independently.

NT Police Association president said that the NT Police was best placed to investigate deaths in custody. Chief Minister Lia Finocchiaro also expressed her support for the investigation remaining internal.

Coronial inquests

When a person dies in custody, it is mandatory for a coronial inquest to be held. This is an inquisitorial process to determine the cause and circumstances of a death. An inquest seeks to ascertain the facts surrounding a death, rather than to attribute responsibility.

During an inquest, the Coroner hears evidence about the circumstances surrounding a death. They also hear submissions from the lawyers representing the various parties. The Coroner will then write up their findings, which will state the cause of death and may include recommendations. For example, if a person has died because of deficiencies in the prison system, there may be recommendations for how this system may be improved with a view to preventing further deaths.

If an inquest’s findings suggest that there has been a criminal act, the matter can then be referred to the police for investigation.

As yet, no date has been set for a coronial inquest into the death of Kumanjayi White.

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Fernanda Dahlstrom

Content Editor

Fernanda Dahlstrom is a writer, editor and lawyer. She holds a Bachelor of Laws (Latrobe University), a Graduate Diploma in Legal Practice (College of Law), a Bachelor of Arts (The University of Melbourne) and a Master of Arts (Deakin University). Fernanda practised law for eight years, working in criminal law, child protection and domestic violence law in the Northern Territory, and in family law in Queensland.

Home Australia Who Should Investigate Deaths in Custody?

Fernanda Dahlstrom

Content Editor

Fernanda Dahlstrom

Who Should Investigate Deaths in Custody?

Rate of deaths in custody

Closing the Gap

Police investigations

Coronial inquests

Fernanda Dahlstrom

Fernanda Dahlstrom

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