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Aboriginal people are overrepresented in Tasmania’s courts and prisons, and the disparity is getting worse. With other jurisdictions seeing positive outcomes from recognising Indigenous legal systems, there are calls from the Aboriginal community for change in Tasmania.

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00:02Leaving disappointed. Ruth Lankford, also known as Tipruthana, is facing trespass charges
00:09after protesting against native forest logging. She wanted the case heard on Aboriginal land
00:14at Piura Katina Risdon Cove, but last month a magistrate rejected her application.
00:20This was a really missed opportunity.
00:24The Tasmanian Aboriginal Centre supported Ms Lankford's application, arguing Tasmania's
00:30current legal system doesn't fit Aboriginal legal principles.
00:34An Aboriginal legal and political system was in this country and looked through it in Tasmania
00:41for thousands of years.
00:42Some overseas jurisdictions have established court systems that recognise both Indigenous
00:48and colonial practices. While interstate, on country hearings have been held before, such
00:54as in the Northern Territory. In Victoria, Koori sentencing courts allow elders to sit around
01:00a table with the magistrate and other relevant people to discuss sentencing. And an evaluation
01:06found a trial of using reports about an offender's Aboriginal cultural and social background to
01:12inform sentencing represented a circuit breaker to high and rising incarceration rates in Victoria.
01:19It's really aimed at providing culturally safe, grounded, holistic information to the courts as a
01:27part of the sentencing conversations.
01:29Despite closing the gap targets for reducing rates of Indigenous imprisonment, Tasmania, like
01:35the rest of the nation, is going backwards. Just 5% of Tasmanians are Aboriginal or Torres Strait
01:40Islander, but the Aboriginal community now makes up 44% of the entire prison population.
01:47The Tasmanian Aboriginal Legal Service says Tasmania should develop culturally appropriate
01:52alternatives to mainstream courts, but it says the government must also invest more in
01:58early intervention.
01:59The earlier we can support, you know, mob and our people, the greater outcomes we will
02:05have around reducing over-representation.
02:08The Tasmanian government says it's committed to reducing the number of Aboriginal people in the
02:13correction system, but it has no plans to change the law to allow cases to be heard on country.
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