Victoria's Chief Commissioner of Police has apologised unreservedly for police actions that have traumatised Indigenous Victorians.
WARNING: Aboriginal and Torres Strait Islander readers are advised that this article contains images and names of people who have died.
In a statement to Victoria's Indigenous truth-telling inquiry, the Yoorrook Justice Commission, Shane Patton said the Indigenous community's over-representation in the justice system was "unacceptable" and pledged that Victoria Police would take action to address it.
"As Chief Commissioner, and on behalf of Victoria Police, I wish to formally and unreservedly apologise for police actions that have caused or contributed to the trauma experienced by so many Aboriginal families in our jurisdiction," Mr Patton said.
"I see the Yoorrook Justice Commission as an opportunity for State agencies like Victoria Police to publicly acknowledge the wrongs that have occurred and which still occur and to make a public commitment to how we intend to operate and engage with Aboriginal individuals, organisations and communities and to then follow through with actions to implement the commitments."
In his statement, Mr Patton addressed a number of issues within the justice system that have disproportionately affected Indigenous Victorians, including public drunkenness laws, the age of criminal responsibility and the treatment of people in police custody.
The Commission has heard that the state government's 2018 bail reforms contributed to the "unprecedented" mass incarceration of First Peoples in this state.
Nearly 1,200 Aboriginal people went to prison in the last financial year while on remand — meaning they spent time behind bars without being sentenced by a judge. There have been five Aboriginal deaths in custody in Victoria since 2020.
Mr Patton referred specifically to the cases of Veronica Nelson and Tanya Day, two Aboriginal women who died in custody.
"No person should die or sustain a serious illness or injury because of contact with the criminal justice system. Every death in police care or custody is tragic," Mr Patton said.
"Victoria Police is committed to improving outcomes for Aboriginal people in police care and custody, including in partnership with Aboriginal communities. There should be no deaths of Aboriginal people in or related to police care or custody, or in any part of the criminal justice system."
Apology must bring change, Yoorrook chair says
The Yoorrook chairperson, Professor Eleanor Bourke, acknowledged Mr Patton's apology, saying it was important that the chief commissioner's words were on the public record.
Professor Bourke said "since the very beginning", Victoria Police has acted as the primary enforcement arm of a government that forcibly occupied Indigenous lands and destroyed families.
"The 'systemic racism, racist attitudes and discriminatory actions of police' over the last 170 years, it has been perpetuated with the intent of making us – First Peoples – disappear," Professor Bourke said.
"Yoorrook has heard that our people continue to be targeted, attacked, harassed and racially profiled by police. Since then, our children have been born into over-policed communities.
"Your presence today is very important because if actions do not follow your apology, then what hope do we have? Your apology must bring real change. The Yoorrook Justice Commission asks for an undertaking today that Victoria Police protect Aboriginal communities and families and respect our culture and human rights."
Mr Patton said he was "extremely concerned" that Aboriginal people in Victoria continued to report encounters with police involving racism, unconscious bias and unequal application of discretionary powers.
He also expressed concern about low substantiation rates of complaints by Aboriginal people the disproportionately low numbers of cautions given to alleged Indigenous youth offenders and low levels of confidence Indigenous Victorians have in making complaints to Victoria Police.
"The facts and matters in my statement are evidence that Victoria Police accepts that deficiencies remain and that, while we have been taking wide-ranging action, we still have work to do," Mr Patton said.
"As Chief Commissioner of Victoria Police, I will not tolerate bias, racism or unequal exercise of discretionary powers toward Aboriginal people [or anyone else]."
