(NT) Establish an Independent Oversight Body to Conduct Investigations into Deaths in Custody
Author: Charlie Byrne, Alexis Nguyen, Fideline Nkoso, Sonal Kamble, Urszula Nowak, Janielle Osei-Agyei & Isabella Jiang | Publish date: 15/9/2026
CW: Discusses the deaths, and includes the names, of First Nations people who have died.
P: In the NT, there is no independent oversight body to conduct investigations into deaths in custody.
S: The NT Chief Minister should introduce a new Act to establish an independent body to conduct investigations into deaths in custody.
E: Australian Human Rights Commission (2025): ‘are ... calling for independent oversight authorities to be established in all jurisdictions, to end the practice of police investigating deaths in police custody.’
Problem Identification:
Section 25(1) of the Coroners Act 1993 (NT) allows the coroner to give directions to police to investigate deaths in custody. However, there is no independent body to conduct these investigations.
According to the Aboriginal and Torres Strait Islander Social Justice Commissioner of the Australian Human Rights Commission (AHRC), Katie Kiss, this means that ‘community confidence [is undermined] and leads to risks of flawed investigations.’ Further, Amnesty International Australia (AIA) stated that ‘Aboriginal and Torres Strait Islander people continue to be overrepresented in the criminal legal system’, and raised concerns about the ‘independence of the investigation … where police are involved in investigating deaths that occur during police custody or operations.’
Context:
The NT Police Force (NTPF) outlined that its Professional Standards Command has an ‘[o]versight role into custody incidents declared as serious by the Deputy Commissioner ([including] death in custody).’
The NT Government stated that, ‘at 30 June 2018, 84% of adult prisoners in the NT were Aboriginal, despite Aboriginal adults accounting for 25.9% of the NT's adult population.’
The Australian Institute of Criminology (AIC) found that ‘since 1989-90 there have been an average of 28 deaths in police custody each year’, with 113 deaths occurring in 2024-2025. The Conversation highlighted that the rate of First Nations deaths in police custody was ‘21 times the rate for non-Indigenous people’ in Australia. The AIC reported that in 2023-2024, the NT recorded 2 deaths of Indigenous people in prison custody.
The AHRC reported that ‘there have been 634 Indigenous deaths in custody since the Royal Commission [into Aboriginal Deaths in Custody in 1991], and 16 in 2026 alone.’
Arguments:
Crehan et al. (2024) found that ‘police investigating police … [undermines] police accountability’ and ‘[constitutes] a conflict of interest’. Discussing the prior conduct of the officer who killed Warlpiri-Luritja man Kumanjayi Walker, Judge Elisabeth Armitage found that there was ‘an apparent conflict of interest … [as] no-one reviewed Sgt Kelly’s own use of force.’ Judge Armitage further stated that Sgt Kelly ‘in effect … had been called upon to review his own use of force, which was inappropriate’. AHRC President Hugh de Kretser stated ‘when police investigate themselves, it breeds mistrust and increases the risks of poor investigations and lack of accountability.’
The Jumbunna Institute for Indigenous Education and Research stated that the ‘relationship between the police force and First Nations communities makes police unsuitable’ to investigate deaths in custody. They also cited a further report describing this relationship as one where ‘police forces … often exhibit “active and passive ideas of racial superiority ... to Aboriginal people”’. The National Justice Project observed that the Kumanjayi Walker inquest ‘exposed deep cultural failings, operational misconduct, and embedded racism within the NT Police.’
Advice/Solution Identification:
The AHRC, AIA, and National Aboriginal and Torres Strait Islander Legal Services (NATSILS) called for establishing an independent oversight body for investigations into deaths in custody. The North Australia Aboriginal Justice Agency (NAAJA) emphasised that an independent body could ‘deliver true accountability and transparency … and … drive structural change in the police force.’
Precedent:
There is international precedent for establishing an independent body to investigate deaths in custody. In New Zealand, the Republic of Ireland, Northern Ireland, England and Wales, there are bodies that can independently investigate deaths in custody.
Public Support of the Solution:
(This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.)
Broad Support
Jeremy King, Victorian police accountability lawyer - He has called for an ‘independent authority’ to investigate the death of Kumanjayi White in police custody. However, he has not specifically called for establishing an independent oversight body in the NT.
Aboriginal Peak Organisations of the Northern Territory - They have identified that ‘A paradigm shift cannot occur … unless a mechanism is established for investigation and complaints of Police that is independent of Police.’ However, they have not specifically called for establishing an independent oversight body in the NT.
Jumbunna Institute of Indigenous Education and Research - They have stated it is ‘essential for … investigations of alleged misconduct [to be] conducted by organisations that are institutionally, practically, culturally and politically independent of the Police Force.’ However, they have not specifically called for establishing an independent oversight body in the NT.
News Coverage:
Australian Human Rights Commission - “Calls for reform following the DPP decision announced on the first anniversary of Kumanjayi White’s death”. This media release discussed the outcome of the death of 24-year-old Kumanjayi White and called for reform of investigations into deaths in police custody within the NT Government. By: Australian Human Rights Commission | 27 May 2026 - Read the article here.
Women’s Agenda - “An Indigenous woman has died in custody. It is not an isolated incident, it’s a predictable outcome”. This article advocated for independent investigations into deaths in custody, and argued that police investigating police is an ongoing policy failure that has never ‘delivered justice’ due to the death of a 44-year-old Aboriginal woman in police custody. By: Debble Kilroy & Tabitha Lean | 30 December 2025 - Read the article here.
ABC News - “Australian records highest number of indigenous deaths in custody since 1979”. This article reported that, according to new data from the Australian Institute of Criminology, the number of indigenous deaths in custody has heightened since 1979-80 national records despite indigenous people only making up 3.8% of Australia’s population. By Kirstie Wellauer and Joanna McCarthy | 10 December 2025 - Read the article here.
Sydney Criminal Lawyers - “The Issue of Police Investigating Police Over Aboriginal Custody Deaths Is Finally Becoming [a] National Issue”. This article called for independent investigations in police-related deaths following the matter of First Nations deaths in custody and to require structural reform. By: Paul Gregoire | 17 June 2025 - Read the article here.
Where to go to learn more:
(2025) We must end the national shame of Aboriginal deaths in custody | Australian Human Rights Commission - This article highlighted the concerns of the AHRC and their demands for reform over the ongoing issue of Aboriginal deaths in custody. It recommended that an independent oversight authority be established to investigate police conduct. Read the article here.
(2020) Inquiry into High level of First Nations People in custody and oversight and review of deaths in custody | Jumbunna Institute of Indigenous Education and Research - This submission outlined systemic failures in implementing recommendations from the 1991 Royal Commission into Aboriginal Deaths in Custody. Jumbunna called for an independent investigation and review process, rather than solely relying on police and coronial inquiries. Read the submission report here.
(2026) Calls for reform following the DPP decision announced on the one-year anniversary of Kumanjayi White’s death | Australian Human Rights Commission - This article outlined renewed concerns of Commissioners in the AHRC about issues involving police investigating deaths in custody after the first anniversary of Kumanjayi White’s death. They have called for Indigenous deaths in custody to be investigated independently of the police. Read the article here.
(2026) Death in custody of young Aboriginal man in Darwin raises serious human rights concerns | Amnesty International Australia - This article outlined the organisation's concerns about the independence of investigations into deaths in custody, and the continued representation of Aboriginal and Torres Strait Islander people in the criminal legal system. Read the article here.
(2017) Pathways to Justice – An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples | Australian Law Reform Commission - This report inquired into the over-representation of Aboriginal and Torres Strait Islander people in prison and what factors exacerbate this representation. Read the report here.
Human Perspective:
CW: Discusses events involving the death of a First Nations person.
Yara is a proud First Nations woman living in a remote community in the NT. Her younger brother Jaylen was arrested under suspicion of being involved in a car theft. Later, she received a call from NT Police informing her that Jaylen had died in custody. Yara was extremely distraught and asked the officer how, or why, or what had happened when he was taken. The officer reassured her that her brother’s death was being investigated. However, they did not give her any additional information about who was investigating, or whether the officers who had been with Jaylen that night were involved in the investigation. A few days later, she requested to see the footage of the officer’s body camera, but her request was denied with no additional details shared about her brother’s death. The NT Police conducted an internal investigation into the death. However, a few days later, she met with investigators, where they explained their findings and that they had concluded that the officer’s actions were appropriate and were in line with police protocol. Yara tried to appeal the case to a prosecutor, but was told that there would be no reasonable prospects of a successful case. She did not understand how the same organisation could investigate itself. She had heard of other families who had waited years and received nothing. Yara felt distraught, and her ongoing frustrations with the lack of transparency did nothing but worsen her grief.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/A.
Support
If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.
Disclaimers
Please review all FORE disclaimers here.
Reference list:
Amnesty International Australia. (2026). Death in custody of young Aboriginal man in Darwin raises serious human rights concerns. https://www.amnesty.org.au/death-in-custody-of-young-aboriginal-man-in-darwin-raises-serious-human-rights-concerns/
Anthony, T., & Sentance, B. (2025, December 11). ‘Tough on crime’ policies are causing Indigenous people to die in custody. The Conversation. https://theconversation.com/tough-on-crime-policies-are-causing-indigenous-people-to-die-in-custody-271829
Armitage, E. (2025). Inquest into the death of Kumanjayi Walker (File no. 2019/A51). Coroners Court of Northern Territory. https://agd.nt.gov.au/attorney-general-and-justice/courts/inquests-findings/kumanjayi-walker/files-exhibits-and-media/Inquest-into-the-death-of-Kumanjayi-Walker-2025-NTLC-8.pdf
Australian Human Rights Commission. (2025). We must end the national shame of Aboriginal deaths in custody. https://humanrights.gov.au/about-us/news/we-must-end-national-shame-aboriginal-deaths-custody
Australian Human Rights Commission. (2026). Calls for reform following the DPP decision announced on the one-year anniversary of Kumanjayi White’s death. https://humanrights.gov.au/about-us/media-centre/media-releases/aboriginal-and-torres-strait-islander-peoples/calls-for-reform-following-the-dpp-decision-announced-on-the-one-year-anniversary-of-kumanjayi-whites-death
Australian Law Reform Commission. (2017). Pathways to Justice - An Inquiry into the Incarceration Rate of Aboriginal and Torres Strait Islander Peoples. Australian Government. https://www.alrc.gov.au/wp-content/uploads/2019/08/final_report_133_amended1.pdf
Brennan, D. (2025, July 9). NAAJA questions absence of independent police body from Walker inquest recommendations. National Indigenous Times. https://nit.com.au/09-07-2025/19016/naaja-questions-lack-of-an-independent-police-body-in-walker-inquest-recommendations
Corbo Crehan, A., Delaforce, R., & Shipton, B. (2025). Unmasking police accountability: responses to Australian First Nations peoples’ deaths in police custody. Policing and Society, 35(6), 867–882. https://doi.org/10.1080/10439463.2024.2438258
Coroners Act 1993 (NT). https://legislation.nt.gov.au/Legislation/CORONERS-ACT-1993
Criminal Justice Inspection Northern Ireland. (2025). Abuse of position: A thematic inspection of the Police Ombudsman for Northern Ireland's handling of police abuse of position investigations. https://www.cjini.org/wp-content/uploads/2025/05/CJI-Abuse-of-Position-PONI-FINAL-Tagged-21-03-25.pdf
Dick, S. & Pillarisetty, A. (2025, June 3). Former Alice Springs Coles supermarket worker says Kumanjayi White clearly needed support. ABC News. https://www.abc.net.au/news/2025-06-03/alice-springs-coles-supermarket-kumanjayi-white-death-in-custody/105363560
Jumbunna Institute of Indigenous Education and Research. (2020). Submission to the Select Committee on the High Level of First Nations People in Custody and Oversight and Review of Deaths in Custody. https://files.parliament.nsw.gov.au/fileapi/ParlFiles/GetArtifact?serverRelativeUrl=%2Flcdocs%2Fsubmissions%2F69051%2F0115%20Jumbunna%20Institute%20of%20Indigenous%20Education%20and%20Research%2C%20Research%20Unit.pdf
McAlister, M., Miles, H., & Bricknell, S. (2025). Deaths in custody in Australia 2024-25 (Statistical Report No. 57). Australian Institute of Criminology. https://www.aic.gov.au/sites/default/files/2025-12/sr57_deaths_in_custody_in_australia_2024-25.pdf
National Aboriginal and Torres Strait Islander Legal Services. (2025). No more Aboriginal death at the hands of police [Media release]. https://www.natsils.org.au/wp-content/uploads/2025/08/MR-2508-No-more-Aboriginal-deaths-at-the-hands-of-police.pdf
National Justice Project. (2025). Proposal to weaken coroners powers - a dangerous step backwards. https://www.justice.org.au/proposal-to-weaken-coroners-powers-a-dangerous-step-backwards/
Northern Territory Attorney-General and Justice. (2021). Aim One: Reduce reoffending and imprisonment rates of Aboriginal Territorians. Northern Territory Government. https://agd.nt.gov.au/media/docs/justice-agreement/aja-draft/aim1-Reduce-reoffending-and-imprisonment.pdf
Northern Territory Police, Fire and Emergency Services. (2026). Death in custody investigation - Casuarina [Media release]. https://pfes.nt.gov.au/newsroom/2026/death-custody-investigation-casuarina
Comments