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Background: The higher rate of mental illness, including severe psychotic disorders, among people in prisons compared to the general community is well-established. However, there have been no reviews or attempts to pool data on the reported prevalence of mental illness across prisons in Australia and New Zealand. Methods: A systematic search of electronic databases from 1966 to the end of 2020 was conducted to identify studies reporting rates of 'any' mental illness, and separately rates of psychotic illness, among adult men and women in Australian and New Zealand prisons. A meta-analysis was performed according to PRISMA guidelines (PROSPERO ID: CRD42021241946), with separate analyses conducted for lifetime and current prevalence rates. Results: Seventeen studies, with a total of 10,209 people in prison, met inclusion criteria. The pooled lifetime prevalence of 'any' mental illness was 69.0% (95% confidence interval = [0.56, 0.79]), and the pooled lifetime prevalence for psychosis was 9.1% (95% confidence interval = [0.07, 0.12]). Meanwhile, the pooled prevalence for 'any' current mental illness was 54.0% (95% confidence interval = [0.39, 0.68]) and for any current psychosis was 6.4% (95% confidence interval = [0.04, 0.10]). There was substantial heterogeneity between studies, with evidence that lifetime rates of psychosis have increased over time, with true prevalence estimates in 95% of all comparable populations falling between 2.7% and 26.4%. Conclusion: The prevalence of mental illness, including severe psychotic illness, is high in Australian and New Zealand prisons. Furthermore, there is evidence that the prevalence of psychosis may be increasing over time, indicating more effort is needed to ensure diversion of people with mental illness away from the criminal justice system and into healthcare pathways. [ABSTRACT FROM AUTHOR]

Little is known about men who sexually abuse multiple children and evade detection for long periods. This group is responsible for inflicting significant harm due to the severity, and longevity of their offending. The aim of the study was to identify men who perpetrate persistent sexual offences against children and differentiate them by those with long detection lags (LDLs) (n = 35) and short detection lags (SDLs) (n = 35) using police databases and case files. The men were compared on demographic characteristics, lifestyle factors, victimisation, psychopathic traits, antisocial orientation, atypical sexual interest, and descriptive sexual offence variables. The LDL participants had more psychopathic traits, more pre-pubescent child victims, more often be in professional employment and have less antisocial and criminogenic indicators than the comparative SDL group. These findings have significant practical implications for reduced victimisation through early identification, forensic risk assessment, treatment and earlier prevention strategies for CSA. Practice impact statement: The current findings have important and practical implications within forensic risk assessment, especially Structured Professional Judgement (SPJ) when assessing specific groups of offenders. In addition, research informed SPJ can better prioritise policing investigative resources, both retrospectively (e.g. identifying victims) and prospectively (e.g. reducing detection lags and victimisation) while defensively informing the criminal justice system of the most appropriate supervision intensity and intervention modalities for men with clinical and forensic indicators of potential high victimisation and longer detection lags. [ABSTRACT FROM AUTHOR]

The relationship between race, disability and criminality is complex and poorly understood. Scant information, and lack of action, exists on how to best keep Indigenous people with disability out of the justice system, and support this cohort while in the system. This systematic scoping review collates grey and peer-reviewed literature in Australia, Aotearoa (New Zealand), the United States and Canada, to gain insight into the current practices in place for justice-involved Indigenous people with disability, and list promising principles which may inform future practice. We identified 1,301 sources, and 19 of these met the inclusion criteria. Across these sources, nine key principles emerged: need for Indigenous designed, led and owned approaches; appropriately identify and respond to disability/needs; appropriate court models; appropriate diversionary options; therapeutic, trauma-informed, strengths-based and agency-building responses; facilitate connection to family, community and support networks; break down communication barriers; protect human rights; and provide post-release support. Points of interest: Internationally, Indigenous people with disability are over-repre.sented in criminal justice systems. The reasons for this are complex and not well understood. Existing evidence suggests that long-lasting effects of colonisation; discrimination on the basis of race and disability; problems identifying and reporting disability; and lack of proper services contribute to this issue. Often, criminal justice systems do not recognise or support a person's disability until they reach crisis point. There is a critical need for culturally-appropriate and disability-appropriate interventions, such as diagnostic tools; training programs for police, correctional officers and other service providers; community court models; and more accessible communication. There is some evidence that Indigenous-led programs – involving country, culture, art, social connection and holistic healing – help prevent Indigenous people with disability from entering and re-entering justice systems. More research and evaluation is needed to determine how to better support Indigenous people with disability in contact with the justice system. [ABSTRACT FROM AUTHOR]

Anecdotal evidence strongly suggests that members of the First Nations Deaf community experience more barriers when engaging with the criminal justice system than those who are not deaf. Therefore, our purpose for writing this article is to highlight legal and policy issues related to First Nations Deaf people, including perspectives of professionals working with these communities, living in Australia who have difficulty in accessing supports within the criminal justice system. In this article, we present data from semi-structured qualitative interviews focused on four key themes: (a) indefinite detention and unfit to plead, (b) a need for an intersectional approach to justice, (c) applying the maximum extent of the law while minimizing social services–related resources, and (d) the need for language access and qualified sign language interpreters. Through this article and the related larger sustaining project, we seek to center the experiences and needs of First Nations Deaf communities to render supports for fair, just, and equitable access in the Australian criminal justice system to this historically marginalized group. [ABSTRACT FROM AUTHOR]

Mobile technology presents opportunities within the justice system to support and promote behaviour change and the past decade has seen increased development and use of mobile applications for this purpose. This article aims to contribute to this burgeoning area by presenting the findings of research which scoped the utility of a mobile application (app) intended to support Indigenous people on bail or parole in the Australian Capital Territory. The project sought the views of 12 people with lived experience of the criminal justice system, as well as 23 professional stakeholders who engage with the justice system, to determine the utility of such an app. [ABSTRACT FROM AUTHOR]

People with intellectual disability experience a high risk of being neglected and family members are often identified as the perpetrators. Analysing the media provides insight into public narratives about social problems. A search of Australian newspapers published between 2016 and 2021 identified 27 articles that predominately reported on a single case of familial neglect of an individual with intellectual disability. Using Foucauldian discourse analysis, 4 discourses and 3 subject positions were identified. The discourses include Criminal justice and law enforcement (perpetrator responsibility), Political (government responsibility), Medical (physical outcomes of neglect), and Graphic (gruesome details). The subject positions construct people with intellectual disability as different, vulnerable, and present limited consideration of suffering. This study centres on a single case providing an example of the harmful narratives presented by the Australian news media. The lack of news coverage hinders opportunities for people with intellectual disability to participate equally in society. People with intellectual disability are more likely to be maltreated that people without and maltreatment within the family can be particularly difficult to identify. The findings of this study centre on a single case demonstrating that neglect of people with intellectual disability is rarely reported in the Australian news media. This study found that Australian news media can shift responsibility away from parents who neglect their children with intellectual disability. The physical and gruesome outcomes of neglect can be used to make stories more newsworthy. In the Australian news media, people with intellectual disability can be described as being different to the rest of society. This is harmful because it can restrict how people with intellectual disability can participate in society. This study suggests that social attitudes (presented through the media) about people with intellectual disability within the context of family neglect demonstrate social inequality and require change. [ABSTRACT FROM AUTHOR]

Background: Cannabis was legalised for medical purposes in 2016. Uptake was initially slow, but since 2019 there has been a large increase in the number of Australians who have been prescribed cannabis for medical reasons. Yet a significant number of consumers continue to treat their medical conditions via illicitly-sourced cannabis. Little is known about how these two groups of medical cannabis consumers differ. Methods: The anonymous Cannabis-As-Medicine Survey 2022–2023 (CAMS-22) was available for completion online from December 2022 to April 2023 to adult Australians who had used cannabis to treat a medical condition in the previous year. Recruitment occurred through social media, consumer forums, and medical practices. Questions included demographic characteristics, patterns of cannabis use, conditions treated, and self-rated effectiveness. Results: Of the 3323 respondents included in these analyses, 2352 (73%) mainly used prescribed medical cannabis, 871 (27%) mainly used illicit. Prescribed users were significantly more likely than illicit users to have had their health condition diagnosed (OR = 1.7, 95% CI 1.3, 2.2), to consume their cannabis via oral (OR = 1.9; CI 1.5, 2.4) or vaporised (OR = 5.2; CI 4.0, 6.8) routes, and to be sure of the composition of their medical cannabis (OR = 25.0; CI 16.7, 50.0). Prescribed users were significantly less likely to have used cannabis non-medically before medical use (OR = 0.6, CI 0.5, 0.7), consume cannabis via smoked routes (OR = 0.2, CI 0.1, 0.2), and to report any side effects (OR = 0.1; CI 0.1, 0.2). The most common conditions among both prescribed and illicit users were pain (37%), mental health (36%), and sleep (15%) conditions. Prescribed users were significantly more likely to use cannabis to mainly treat a pain (OR = 1.3; CI 1.1, 1.5) or sleep condition (OR = 1.4; CI 1.1, 1.7) and less likely to treat a mental health condition (OR = 0.8; CI 0.7, 0.9). There were no between-group differences in effectiveness with 97% saying medical cannabis had improved their symptoms. Conclusions: From a harm-reduction perspective there is much to recommend prescribed medical cannabis; it has fewer side-effects than illicit, is used more safely (oral or vaporised versus smoked routes), gives consumers greater certainty regarding the composition and quality of their medicine, and does not risk exposure to the criminal justice system. Of concern, however, is the apparent willingness of prescribers to prescribe for indications for which there is limited evidence of efficacy, such as mental health and sleep conditions. [ABSTRACT FROM AUTHOR]

Criminal law balances community protection from children who commit criminal offences against supporting children to behave appropriately. Existing Australian law applies the rebuttable presumption of doli incapax to children from 10 years of age and then applies full criminal responsibility to children from 14 years of age. Imposing full criminal responsibility on older children is problematic because it does not account for their cognitive development, social and environmental risk factors and maturity. Extending doli incapax to older children is one response to address the challenges of older children's criminal culpability but it does not go far enough to protect children from the harms of the criminal justice system. [ABSTRACT FROM AUTHOR]

Purpose: With application to the United States, this tutorial explores barriers in the American juvenile justice system for justice-involved youth (JIY) with cognitive-communication disorders (CCDs). It outlines models from abroad and reimagines the American juvenile justice system to include speech-language pathologists (SLPs) as interprofessional practice partners. Method: Interprofessional (i.e., criminal justice, speech-language pathology) literature from the United States and overseas is reviewed and summarized to explain the American juvenile justice system, outline areas of concern for youth with CCDs, and describe potential solutions. Results: The application of speech-language pathology services within the juvenile justice system is explained and visually depicted. This framework was informed by intervention models and approaches from international examples. Conclusions: There is an opportunity to embed speech-language pathology services from intake into court action and through disposition for JIY with cognitive-communication impairments. This includes interprofessional education and development, SLPs providing direct intervention, and multidisciplinary screening efforts. Speech-language pathologists as interprofessional advocates and practice partners can improve life chances and outcomes for youth with CCDs in the juvenile justice system. [ABSTRACT FROM AUTHOR]

This article examines the human rights protections relevant to lesbian, gay, bisexual and/or transgender ('LGBT') people in Australian prisons. We commence by addressing some of the inequalities experienced by incarcerated LGBT people, before outlining the relevant international human rights frameworks and their implementation in Australia. We focus on Victoria as a case study, demonstrating that there are limited provisions for LGBT people in prisons, and these provisions are generally not legally enforceable. We conclude by recommending legislative reforms that would increase protections for a particularly vulnerable cohort in the prison environment and promote compliance with Australia's obligations under international human rights law. [ABSTRACT FROM AUTHOR]

Movements for racial and Indigenous justice are targeting rapidly expanding budget allocations for prisons and police. In Australia, Indigenous Communities are seeking to redirect public money from the criminal justice system to Indigenous-controlled services and infrastructure through 'justice reinvestment'. This article explores the possibilities and tensions of justice reinvestment as a strategy for exercising Indigenous self-determination in a marketised policy landscape. Focusing on the case of Just Reinvest NSW and the Maranguka initiative in Bourke, we compare justice reinvestment to neoliberal ideas of social investment, exemplified by social impact bonds (SIBs). We identify three tools of marketisation in SIBs – liability budgeting, pricing evidence, and devolution to non-state providers – and analyse how these are being engaged, and contested, by Indigenous Communities through justice reinvestment. While incomplete, we discuss how Indigenous-run justice reinvestment initiatives are creatively using these tools against the settler-colonial, carceral state to claim fiscal resources, develop bureaucratic capacity, and institute territorial governance. We argue that justice reinvestment demonstrates the potential to repurpose the tools of marketisation to create alternative 'hybrid' spaces of governance that contest both the state and the market. [ABSTRACT FROM AUTHOR]

The article focuses on the socio-economic disparities, legal challenges, and ongoing struggles faced by Aboriginal and Torres Strait Islander peoples in Australia, including issues with the national Constitution, the impact of the Voice Referendum, and progress on the National Agreement on Closing the Gap. It highlights the over-representation of Indigenous peoples in the criminal justice system, ongoing issues with native title claims, and the challenges in achieving treaty negotiations.

Australia's National Disability Insurance Scheme (NDIS) is a substantial policy reform aiming to radically transform the design and delivery of disability services. Choice and control are key tenets of the scheme, however challenges and limitations exist with respect to inequities and difficulties posed by boundaries between the NDIS and mainstream services. People with disability who have been incarcerated are particularly at risk of experiencing these limitations. However there has been little academic exploration of these issues for this group. This paper explores whether NDIS services are readily accessible for people with disability who were formerly incarcerated, outlining some of the challenges this group encounters. The research is based on interviews with 28 stakeholders from government and non-government organisations that interact with and provide support or services to people with disability within the criminal justice system. Our findings confirm the importance of a functioning NDIS plan to help prevent some individuals encountering the criminal justice system, outlining several challenges that formerly incarcerated people with disability experience with the scheme. We conclude that ideas of choice and control are inhibited for some formerly incarcerated people with disability and highlight actions that can be taken regarding specialist support coordination, advocacy services and market stewardship to address these issues. [ABSTRACT FROM AUTHOR]

Many young people in the criminal justice systems of both Australia and Aotearoa New Zealand will have cognitive disabilities and neurodiversity, and substantial challenges arise in efforts to provide services that will adequately meet their needs. This is despite the introduction of funding models based on an assessment of individual needs (rather than block funding to organisations). In this narrative scoping review, we argue that justice agencies will need to partner with specialist disability support services if they are to meet the needs of those in both custodial and community settings. This requires knowledge of the nature and prevalence of disability in the youth justice population, awareness of available service responses and the development of skills to engage young people in services and programmes that will support rehabilitation and community inclusion. [ABSTRACT FROM AUTHOR]

In Australia, there has been significant public debate over the criminalisation of coercive control and the impact on First Nations women and communities. This debate has included allegations of 'carceral feminists' using coercive control to advance a punitive agenda that harms First Nations communities. This article drew on the contributions to the public debate on coercive control by First Nations voices to amplify the views of First Nations women and organisations. The findings of the article identified limited and qualified support for criminalisation by First Nations contributors, with the majority of voices opposed to criminalisation, although both First Nations advocates and critics of criminalisation endorsed the need for alternatives to criminalisation. The article concludes that there is significant work to be done by government and non-indigenous organisations to establish criminal justice and child protection systems trusted by First Nations women and communities. [ABSTRACT FROM AUTHOR]

This paper communicates findings from a doctoral research project which used dance/movement therapy (DMT) to engage two women navigating the criminal justice system in Australia. A feminist-informed participatory research design was applied to learn about each woman's experience and to explore the possible health promoting benefits of community-based DMT. Women serving time on community correctional orders were invited to attend drop-in DMT workshops which were held in a drug and alcohol recovery centre. Participants were invited to offer feedback which was analyzed using reflexive and interpretative methods of ethnographic data generation. Three themes emerged through the data which were understood to reflect simple notions of fun, fitness, and relaxation in DMT. Although limited to a small number of participants, this study undertook a close reading of each woman's feedback and considered themes in light of trauma theory. Drawing from the women's responses, the study articulates the beginnings of an 'exercisePLUS' perspective: a theoretical rationale which validates the role of exercise in DMT and discusses its potential therapeutic significance. Neurobiological trauma frameworks are used to articulate the findings, however, the research seeks to challenge assumptions within the medical model, such as the 'expert' positioning of the therapist. In doing so, this research aims to contribute toward the further development of community-based perspectives in DMT practice, and, offers a theoretical rationale for the use of DMT within a forensic context. [ABSTRACT FROM AUTHOR]

We undertook a scoping review to identify the factors outside of current fetal alcohol spectrum disorder (FASD) diagnostic criteria to be considered as part of a holistic assessment process. This included physical, social, cultural, mental health and wellbeing factors to inform targeted recommendations and supports to improve outcomes for individuals with FASD. Evidence from this review will be used to inform the revision of the Australian Guide to the Diagnosis of FASD. Six electronic databases were searched. Studies were eligible if they included factors outside of the diagnostic criteria that cover dysmorphology, growth restriction, neurodevelopmental impairments. Data charting and content analysis were performed to synthesize the results. One hundred twenty‐one studies were included that spanned 12 key areas These included physical health, sleep, adverse postnatal experiences, substance use/other risk‐taking behaviors, contact with the criminal justice system, mental health, First Nations cultural considerations, transition to adult roles, involvement with the out‐of‐home care system, feeding and eating, strengths/interests/external resources and incontinence. Areas to be considered as part of a holistic assessment and diagnostic process spanned individual, family, and system level factors. Results provide guidance for clinicians on the wide range of factors that could influence long‐term health, development, and wellbeing for individuals with prenatal alcohol exposure and FASD. In practice, this guidance can be used to inform an individualized assessment process to facilitate tailored recommendations and supports to best meet the complex needs of individuals living with FASD and their families. [ABSTRACT FROM AUTHOR]

Jury trials are a necessary part of American and Australian jurisprudence. However, critics question whether both jurisdictions should consider eliminating or reforming jury trials. High-profile jury cases in Australia and the United States elicit criticism regarding the ongoing relevance of the institution. Jury trials function differently in both countries and hold different levels of public trust in the institution. Despite the criticisms of jury trials, neither country has engaged in serious conversations to abolition this ancient institution. This article discusses the trials of Lindy Chamberlain and Cardinal George Pell, placing the use of criminal jury trial in their ancient English historical perspective demonstrating the evolutionary nature of criminal jury trials. Despite the recognized importance of citizen participation in the criminal justice system, there have been constant changes to the jury trial as Anglo-American societies try to mitigate unjust results in criminal jury trials. Some injustices seem to flow from media involvement for or against the accused. Judges may make an active effort to protect juries and by proxy defendants. Jury trials are the preferred Anglo-American means of deciding criminal cases since jurors are viewed as a democratic representation of society. However, does that mean the decisions of jury trials should be treated as inviolable? Due to issues of mistrial by actions of the jury, appeals against their verdicts have been allowed in Australia since 1912; however, appellate judges have been reluctant to upset jury verdicts. This article addresses whether jury practice should be reformed to reduce verdicts that convict the innocent and how the jury process should be reformed. This article’s primary recommendation is that jury panels receive additional education before they begin criminal trials. [ABSTRACT FROM AUTHOR]

In Australia, one significant cause of the imprisonment and disadvantage of First Nations people relates to transport injustice. First Nations people face obstacles in becoming lawful road users, particularly in relation to acquiring driver licences, with driving unlicensed a common pathway into the criminal justice system. This paper identifies that while some programs focus on increasing driver licensing for First Nations people, there are significant limitations in terms of coverage and access. Further, very few diversionary or support programs proactively address the intersection between First Nations people’s driver licensing and the criminal justice system. Nevertheless, it is argued that scope does exist within some state and territory criminal justice programs to enhance transport justice by assisting First Nations people to secure driver licensing. This paper highlights the need for accessible, available and culturally safe driver licencing support programs in First Nations communities led by First Nations people. [ABSTRACT FROM AUTHOR]

Background: There are not many longitudinal studies examining people experiencing homelessness and interacting with the criminal justice system over time. Aims: To describe the type of criminal offences committed, court outcomes, identify probable predictors of reoffending, and estimate the criminal justice costs in a cohort of homeless hostel clinic attendees. Method: A retrospective cohort study of 1646 people attending a homeless clinic who had had contact with the criminal justice system (CJS) in New South Wales (NSW), Australia, using linked clinic, criminal offence, health and mortality data from 1 July 2008 to 30 June 2021. Initial comparisons were made with the 852 clinic attendees without CJS contact in the period. Multivariable logistic regression was used to identify predictors of recidivism. Results: There were 16,840 offending episodes, giving an offence rate of 87.8 per 100 person‐years (95%CI: 86.5–89.1). The most common index offences were acts intended to cause injury (22%), illicit drug (17%) and theft‐related (12%) offences. Most people (83%) were found guilty of the index offence and received a fine (37%) or community‐based sentence (29%). Total court finalisation costs were AUD $11.3 million. Three‐quarters of those convicted reoffended within 24 months. Offenders were more likely to be younger, have a diagnosis of personality disorder (AOR: 1.31; 95% CI: 1.04–1.67), a substance use disorder (AOR: 1.60; 95% CI 1.14–2.23) and/or to have a previous charge dismissed on mental health grounds (AOR: 1.79; 95% CI: 1.31–2.46). Within the offending cohort, reoffenders had almost twice the odds of having theft‐related offences as their principal index offence (AOR: 1.85; 95% CI: 1.29–2.66). Conclusions: This longitudinal study finding of not only a high rate of criminal justice contact, but also a high rate of recidivism among people who have been homeless, lends support to a need for strategies both to address the root causes of homelessness and to provide a comprehensive systems‐based response to reduce recidivism, that includes secure housing as well as mental health and substance use treatment programmes for homeless offenders. [ABSTRACT FROM AUTHOR]

The fallible nature of the criminal justice system continues to see judicial errors—that is, wrongful convictions and erroneous acquittals—undermine its integrity, efficacy, and legitimacy. Public perceptions of judicial errors are important contributors to criminal justice policy and reforms. The current study utilizes the 2016 Australian Survey of Social Attitudes (AuSSA) dataset to examine public attitudes toward judicial errors. It applies Herbert Packer's crime control and due process models to understand how concerns around procedural safeguards and public safety are associated with public perceptions toward judicial errors. Packer's model has been challenged by studies, which theorize that the models are not mutually exclusive. Yet, they have not been empirically tested in this context, which is a gap this study seeks to fill. Findings show that due process and crime control concerns shape public attitudes toward wrongful convictions and challenge the notion that Packer's models be applied on a continuum. [ABSTRACT FROM AUTHOR]

Coroners' inquests in Australia and New Zealand are no longer formally part of the criminal justice process. However, they can take place after the resolution of criminal charges and, although coroners' findings cannot be expressed in terms of persons' criminality, inquests can also result in referrals to prosecuting authorities. In addition, referrals to professionals' disciplinary regulators can be made by coroners. The potential for such adverse outcomes for the individuals affected makes it essential for those representing parties or witnesses at coronial hearings to consider carefully the forensic strategies that they deploy and, in particular, the advice that they provide, including in relation to claims to the privilege against self-incrimination. By reason of the partial abolition of the doctrine of autrefois acquit in a number of Australian jurisdictions, the potential for new and compelling evidence to emerge during an inquest takes on additional significance for persons who have been found not guilty of offences such as a murder at a previous trial. [ABSTRACT FROM AUTHOR]

This article outlines a project in which supported decision-making (SDM) and broader support to exercise legal capacity were provided to accused persons with cognitive disabilities in the Australian criminal justice system. The program was developed to advance the United Nations Convention on the Rights of Persons with Disabilities (CRPD) in relation to "unfitness to plead" laws. The researchers collaborated with three community legal services in three Australian jurisdictions. Four nonlegal "disability support people" were trained to work with accused persons alongside legal counsel to maximize their participation in the trial process and avoid the need for unfitness to plead determinations under current laws. The article draws on qualitative research conducted in the form of interviews with clients, lawyers, and support persons. The findings provide an evidence base for implementing SDM for persons with disabilities in the criminal justice system. It also helps answer the question of whether unfitness to plead laws should be repealed in pursuit of a "universally accessible" justice system in line with the CRPD. [ABSTRACT FROM AUTHOR]

Background: Psychiatric illness is a well-established risk factor for criminal justice system involvement, but less is known about the relationships between specific psychiatric illnesses and reoffending. Research typically examines reoffending as a single discrete event. We examined the relationship between different psychiatric disorders and types of reoffending while accounting for multiple reoffending events over time. Methods: Data were drawn from a population cohort of 83,039 individuals born in Queensland, Australia, in 1983 and 1984 and followed to age 29–31 years. Psychiatric diagnoses were drawn from inpatient health records and offending information was drawn from court records. Descriptive and recurrent event survival analyses were conducted to examine the association between psychiatric disorders and reoffending. Results: The cohort included 26,651 individuals with at least one proven offence, with 3,580 (13.4%) of these individuals also having a psychiatric disorder. Individuals with any psychiatric disorder were more likely to reoffend compared to those without a disorder (73.1% vs. 56.0%). Associations between psychiatric disorders and reoffending varied across age. Individuals with a psychiatric disorder only started to accumulate more reoffending events from ~ 27 years, which accelerated up to age 31 years. There were both specificity and common effects in the associations between different psychiatric disorders and types of reoffending. Conclusions: Findings demonstrate the complexity and temporal dependency of the relationship between psychiatric illness and reoffending. These results reveal the heterogeneity present among individuals who experience psychiatric illness and contact with the justice system, with implications for intervention delivery, particularly for those with substance use disorders. [ABSTRACT FROM AUTHOR]

Children placed in residential care are significantly over‐represented in youth justice systems. Drawing on interviews and focus groups with service providers, this exploratory study examines practice factors that impact on the criminalization of this group of children across multiple services and systems, including in the residential care environment, police, lawyers, courts and youth justice systems, as well as multi‐systems practice with this group in one Australian state. Positive outcomes were observed for children in residential care where well‐functioning care teams existed, as well as for children in therapeutic residential care settings. However, clear limitations were identified across all phases of children's youth justice system involvement, including placement with offending peers, the criminalization of behaviours of concern, greater use of remand and detention, limited support to navigate legal and youth justice processes, challenges to service collaboration, and limited applicability of sentencing considerations. The findings indicate a pervasive level of systemic disadvantage for this group of children, and imply that a holistic strategy underpinned by affirmative action across several systems will be necessary to address the ongoing criminalization of children in residential care. [ABSTRACT FROM AUTHOR]

In recent years, highly tolerable and effective drugs have emerged promising a radical new 'post‐hepatitis C' world. Optimism about medical cure potentially overlooks discrimination and stigma associated with hepatitis C and injecting drug use. Legal frameworks are especially relevant to hepatitis futures, since the law has the potential to reinforce or alleviate stigma and discrimination. This article explores how hepatitis C figures in Australian criminal law and with what potential effects. Drawing on Bruno Latour's work on legal veridiction, Alison Kafer's work on futurity and disability and case law data collected for a major study on hepatitis C and post‐cure lives, we explore how the criminal law handles hepatitis C in the age of cure. We find that law complicates cure, constituting hepatitis C as disabling despite the advent of effective cures. The law steadfastly maintains its own approach to disease, disability and illness, untouched by medical and scientific developments, in ways that might complicate straightforwardly linear imaginaries of cure, transformation and progress of the kind that dominate biomedicine. We explore the implications of these tensions between law and medicine. [ABSTRACT FROM AUTHOR]

Adverse childhood experiences, including childhood sexual abuse, have significant immediate and lifelong effects including higher risks of alcohol and other drug use and contact with the criminal justice system. The concept of trauma to describe adverse experiences and later behaviours provides potential to reshape prevention and responses for victims. We draw on survivor accounts to a national enquiry, the Australian Royal Commission into Institutional Responses to Child Sexual Abuse, to examine the ways in which trauma is narrated in adverse childhood experiences, alcohol and other drug use and contact with the criminal justice system, and how trauma is interpreted by others in the context of policy and legal findings. These accounts showed damaging and unjust experiences of childhood, which were compounded by subsequent contact with the criminal justice system. Trauma seems to be important to both the experienced narrated by survivors and the synthesising of these experiences into narratives. National enquiries play important roles in listening to survivors and advocating for reform. There is a risk, however, that they will fail to result in substantive change, and function primarily as a forum for bearing witness to trauma, but not preventing it. [ABSTRACT FROM AUTHOR]

The controversy surrounding the exclusion of evidence in criminal trials has continued with renewed vigour. At one end are those who believe that a piece of evidence should be admitted based solely on its inherent epistemic value without reference to any other external considerations. At the other end are those who contend that criminal justice systems are meant to serve many societal ideals of which the search for truth is only one, and that criminal trials must be designed to ensure balanced resolutions of all conflicting interests. Naturally, legal systems across the world exemplify these divergencies with many variations along the spectrum regarding the scope of the exclusionary powers of the fact finder or court and the justifications for such powers. This article sets out to analyse the illegally or improperly obtained evidence exclusion regimes in the United States, Canada, Nigeria and Australia, and their respective levels of commitment to the search for truth. This article provides an insightful frame of comparative reference for stakeholders in these jurisdictions. [ABSTRACT FROM AUTHOR]

Children in residential care have the most complex needs of all children growing up in Out-of-Home care (OOHC), due to complex trauma from pre-care experiences of abuse and neglect, inadequate therapeutic supports while in care and significant placement instability. Some argue that residential care settings are intrinsically criminogenic, as evidenced by significant over-representation of this cohort in youth justice. However, little is known about how children's experiences of trauma, including removal from family and placement in OOHC, is viewed by lawyers and decision-makers in criminal cases involving children in care. Criminal justice decisions can have long-term ramifications for children in care and custodial sentencing can often be a precursor to ongoing incarceration into adulthood. This qualitative, cross-national study explored the impacts of trauma and placement in residential or congregate care on the criminalisation of children in England/Wales and Australia. In-depth interviews were conducted with 28 legal, youth justice and judicial stakeholders in England, Wales (UK), New South Wales (NSW) and Victoria (Australia). While there are considerable differences in the operation of child protection and youth justice systems between these jurisdictions, thematic analysis using NVivo14 identified. confirmed ongoing systemic factors associated with criminalisation identified in previous literature persists despite attempts to address these through policy and practice reforms. These factors include an absence of therapeutic supports, unstable and unsafe residential care placements, over-reliance on police to respond to minor incidents, increasingly punitive police responses lacking awareness of the impacts of childhood trauma and inappropriate use of custody as an 'alternative' placement. These findings suggest the similar systemic processes across these jurisdictions are likely to reflect deeply entrenched ideologies about 'care' and 'protection' that function to criminalise trauma. The implications of these systemic factors when children are exposed to formal criminal justice decision-making are considered. [ABSTRACT FROM AUTHOR]

Objective: Most studies that examine psychiatric illness in people who offend have focused on incarcerated samples, with little known about the larger population of individuals with criminal justice system contact. We examine the overlap between proven offences and psychiatric diagnoses with an emphasis on experiences for Indigenous Australians. Methods: In a population-based birth cohort of 45,141 individuals born in Queensland, Australia, in 1990 (6.3% Indigenous), psychiatric diagnoses were identified from hospital admissions between ages 4/5 and 23/24 years and proven offences were identified from court records (spanning ages 10–24 years). Prevalence rates for offending, psychiatric diagnoses and their overlap were examined for Indigenous and non-Indigenous individuals. Associations between specific psychiatric diagnoses and types of offending were examined using logistic regressions. Results: There were 11,134 (24.7%) individuals with a finalised court appearance, 2937 (6.5%) with a diagnosed psychiatric disorder and 1556 (3.4%) with a proven offence and diagnosed psychiatric disorder, with Indigenous Australians significantly overrepresented across all outcomes. Compared with non-Indigenous Australians, Indigenous Australians were younger at their first court finalisation (Cohen's d = −0.62, 95% confidence interval = [−0.67, −0.57]), experienced a higher number of finalisations (d = 0.94, 95% confidence interval = [0.89, 1.00]) and offences (d = 0.64, 95% confidence interval = [0.59, 0.69]) and were more likely to receive custodial (d = 0.41, 95% confidence interval = [0.36, 0.46]) or supervised (d = 0.55, 95% confidence interval = [0.50, 0.60]) sentences. The overlap between offending and psychiatric illness was more pronounced for Indigenous Australians compared with non-Indigenous Australians (14.8% vs 2.7%). Substance use disorders were the most prevalent psychiatric diagnosis among individuals with a court finalisation (9.2%). Conclusions: Indigenous Australians were significantly overrepresented in court finalisations and psychiatric diagnoses. Indigenous Australians with a psychiatric diagnosis were at highest risk of experiencing a court appearance, emphasising the importance of culturally appropriate mental health responses being embedded into the criminal justice system. [ABSTRACT FROM AUTHOR]

This systematic review synthesized current knowledge about the prevalence of adverse childhood experiences (ACEs) among young people known to have offended and examined evidence of associations between ACEs, trauma symptoms, and offending behavior. A systematic search of English-language, peer-reviewed studies published from the year 2000 onwards was conducted. A final pool of 124 studies that reported quantitative data were included in the review. The Cambridge Quality Checklist for the assessment of studies on offending was used to assess methodological quality of included studies. Pooled data indicated that almost 87% of justice-involved young people across 13 countries experienced at least one traumatic event. The odds of experiencing at least one ACE were over 12 times greater for justice-involved young people compared with nonjustice-involved young people. Prevalence of individual ACEs ranged from 12.2% for childhood sexual abuse to 80.4% for parental separation among justice-involved young people. Those who reported both a higher number and multiple types of ACEs were more likely to be diagnosed with post-traumatic stress symptoms. However, when considering only high-quality studies, there was minimal evidence to suggest that a higher incidence of ACEs predicted trauma symptoms or that trauma symptoms mediated the association between ACEs and offending behavior. Further research is needed to elucidate factors that differentiate young people exposed to ACEs who go on to offend from those who do not. This research is essential to understanding whether ACEs and trauma are drivers of offending behavior and for informing prevention and intervention strategies. [ABSTRACT FROM AUTHOR]

The coordination of specialist with mainstream service systems is prone to role delineation and implementation difficulties worldwide. In the case of the National Disability Insurance Scheme (NDIS), this specialist/mainstream interface is complicated by federalism and funding responsibilities held by different levels of government. People with disability, especially cognitive or intellectual disability, are over‐represented in Australia's prisons. Through semi‐structured interviews with professionals working at the interface of disability and criminal justice, we explore some of these interface issues with regard to NDIS services (specialist) in prisons (mainstream). We find that policy permits some NDIS‐funded services to be delivered inside prisons, such as transition services related to a person's disability, but in practice there is significant variation in how policy is understood and implemented, leading to exclusion and service gaps. This case study shines light on longstanding debates about service coordination across organisational and jurisdictional boundaries. Summary at a glance People with disability are over‐represented in Australian prisons, yet seldom have access to adequate disability services while incarcerated. This article investigates an important service interface issue for incarcerated people with disability: the availability and accessibility of National Disability Insurance Scheme (NDIS) services in prisons. [ABSTRACT FROM AUTHOR]

Criminal record checking is now widespread in Australia. Aboriginal people are disproportionately represented in the criminal justice system, for a range of reasons including historic levels of disadvantage due to colonisation. They are therefore disproportionately likely to be negatively affected by criminal record checking when seeking employment, when taking on community governance roles, when being considered as kinship carers and so on. At the same time, productive and rewarding employment, and engagement in governance roles, are vital aspects of Aboriginal people's participation, contribution and engagement across all parts of the Australian community. This article examines practices, protocols and experiences of employers, employment agencies and government organisations in Western Australia and the Northern Territory managing the potential impact of a criminal record on Aboriginal employment. The article identifies four fields that can give rise to good employment practice: Background Checking; Recruitment; Risk Management; and Support and Engagement. [ABSTRACT FROM AUTHOR]

In Australia, the 2022 acquittal by an all-white jury of Northern Territory police officer Zachary Rolfe following the shooting death of nineteen-year-old Indigenous man Kumanjayi Walker has re-highlighted the absence of First Nations Australians on the criminal jury. This article argues that addressing their absence is a crucial step in dealing with the continuing crisis of legitimacy facing the Australian criminal justice system. It does so by considering Indigenous peoples’ under-representation on juries from an historical perspective, drawing on franchise inequality, as well as the ancient right to mixed juries that originated in twelfth-century England, to demonstrate the well-concealed power dynamics that underlie the failure to render juries more representative. The article further makes the point that this often overlooked democratic dimension of the jury means that the issue is one that goes beyond who is on trial. [ABSTRACT FROM AUTHOR]

Simple Summary: News media is one of the major sources of publicly available information on animal welfare law enforcement. It has previously been established that the media are strong influences of public perceptions. Therefore, it is possible that news reports on animal cruelty offences are shaping public understanding of penalties for animal cruelty. To understand how penalties are portrayed in the media, we collected 71 Australian news articles which reported on penalties for animal cruelty over a 6-month period from 1 June 2019 to 1 December 2019. Using thematic analysis, three themes were identified: (1) laws are not good enough; (2) laws are improving; and (3) reforms are unnecessary. A connection between public perceptions, media reporting and statutory reform efforts to increase maximum penalties is proposed, which potentially could explain why the Australian public appear displeased with the penalties handed down by courts for animal cruelty offences. Further sociological research is required to confirm this theory. Media portrayals of animal cruelty can shape public understanding and perception of animal welfare law. Given that animal welfare law in Australia is guided partially by 'community expectations', the media might indirectly be influencing recent reform efforts to amend maximum penalties in Australia, through guiding and shaping public opinion. This paper reports on Australian news articles which refer to penalties for animal cruelty published between 1 June 2019 and 1 December 2019. Using the electronic database Newsbank, a total of 71 news articles were included for thematic analysis. Three contrasting themes were identified: (1) laws are not good enough; (2) laws are improving; and (3) reforms are unnecessary. We propose a penalty reform cycle to represent the relationship between themes one and two, and 'community expectations'. The cycle is as follows: media reports on recent amendments imply that 'laws are improving' (theme two). Due to a range of inherent factors in the criminal justice system, harsher sentences are not handed down by the courts, resulting in media report of 'lenient sentencing' (theme one). Hence, the public become displeased with the penal system, forming the 'community expectations', which then fuel future reform efforts. Thus, the cycle continues. [ABSTRACT FROM AUTHOR]

At 10 years of age, Australia and New Zealand have one of the lowest ages for criminal responsibility across the developed world. Evidence shows that children under 14 years of age are not mature enough to be considered criminally responsible people. Children of this age do not have the ability to advocate for themselves within the criminal justice system, which is systematically biased in how it deals with the youngest offenders. The over‐representation of Indigenous youth within the justice system is seen at its most extreme in the 10–14 years age group, and contact with the criminal justice system at this age is strongly associated with re‐offending, and is considered 'criminogenic'. Raising the minimum age of criminal responsibility is likely to decrease overall rates of youth offending, and reduce the over‐representation of Indigenous children at all points of contact with the criminal justice system. [ABSTRACT FROM AUTHOR]

Witness protection in Australia has, to date, been less than successful in implementation and execution. An ad hoc system of Commonwealth and state/territory witness protection programs have co-existed with often substandard outcomes for participants, law enforcement and the criminal justice system. Although in accordance with Australia's federal system of government, the framework of witness protection that has emerged has resulted in numerous witness protection programs in operation across states and territories with little in the way of consistency, cooperation and coordination. Reform in Australia's witness protection system is needed to improve and streamline programs for the benefit of witnesses, communities and the criminal justice system. This article addresses shortcomings and draws attention to worthwhile changes that would benefit and enhance domestic witness protection. [ABSTRACT FROM AUTHOR]

In the United States (U.S.) and Australian contexts, the fight to achieve legal and societal recognition of cisgender men's violence against cisgender women operated according to an incident-based victim-offender binary. Those held accountable for the violence were seen as offenders, those who survived the violence were seen as victims. This binary persists across police, court, corrections, intervention, and child protection settings. However, work with cisgender heterosexual women with offenses of abuse and violence demonstrates that the binary does not capture their complex experiences. Instead, they have "offended" in the context of often surviving long-term harm in their families of origin and from their intimate partners. Because their experiences do not align with the binary, they are caught in ineffective and retraumatizing responses. The authors use an intersectional theoretical framework to explore how heterosexual cisgender women's use of force complicates the victim-offender binary. By understanding women who have used force as having both survived and caused harm, rather than "victims" or "offenders," the authors call attention to the limitations of, and harm caused by, binary approaches. The authors also call for a reconceptualization beyond the binary—challenging established legal and intervention frameworks. To demonstrate the need for this reconceptualization, the authors report on U.S. and Australian legal cases, intervention approaches, and discuss socio-legal systems implications. [ABSTRACT FROM AUTHOR]

Although people diagnosed with autism spectrum disorder (ASD) are not more likely to commit crimes, they are overrepresented in the criminal justice system as reported by Howlin (Autism and Asperger syndrome: Preparing for adulthood, Routledge, 2004). This may, in part, be due to unfavourable interactions with the criminal judiciary. Evidence suggests the autistic population are perceived unfavourably in adjudicative proceedings resulting in harsher penalties. The present study explores whether ASD offenders (ASD-O) receive longer sentences compared to national sentencing data. Sentencing data from the Australian Bureau of Statistics (ABS) were used to compare ASD-O with similar offences. ASD-O attracted longer sentences across all offence classifications. Inferential analyses indicated sexual assault sentences were significantly higher in the ASD-O sample. No significant differences were found for murder, manslaughter, and assault. [ABSTRACT FROM AUTHOR]

When domestic violence was criminalised in countries like Australia, United States and United Kingdom, many saw this as a victory, as the state taking responsibility for violence against women. The problem was that its policing was delegated to a masculinised police force ill-equipped to respond to survivors of gender violence. Latin America took a different pathway, establishing women-led police stations designed specifically to respond to the survivors of gender violence. Our research team looked for inspiration to reimagine the policing of gender violence in the twenty-first century from the victim-centred women-led police stations that emerged in Argentina in the 1980s. By emphasising a preventative over a punitive approach, multi-disciplinary teams of police, social workers, psychologists and lawyers offer survivors a gateway to support, instead of just funnelling them into the criminal justice system. Surveying gender violence sector workers and members of the general public, we sought views on the potential of adapting the protocols of these specialist police stations to Australia. We argue that if staffed by appropriately trained teams to work from both gender and culturally sensitive perspectives, women-led victim friendly police stations could side-step some of the unintended consequences of criminalisation, pathing the way for reimagining the policing of gender violence. Framed by southern criminology the project aims to redress the biases in the global hierarchy of knowledge, by reversing the notion that policy transfer can only flow from the countries of the Global North to the Global South. [ABSTRACT FROM AUTHOR]

This article assesses the need for veterans' courts or lists in Australia. While evidence suggests that former and returned service personnel are over-represented in criminal justice institutions, insufficient attention has been paid to the desirability and feasibility of a veterans' court or list in Australia. In accordance with therapeutic jurisprudence principles, a specialist court such as this would divert eligible individuals from standard court processes into a track focused on treatment and rehabilitation. In this article, we assess the available data addressing veterans' interactions with the criminal justice system and analyse the relevance of the overseas experience for Australia. We identify the considerations relevant to the establishment of a veterans' court or veterans' list and argue that a bespoke veterans' justice pathway should be considered in order to enhance the responsiveness of the criminal justice system to the specific needs of returned service personnel, and to expand the scope of therapeutic approaches to crime in Australian jurisdictions. [ABSTRACT FROM AUTHOR]

While the importance of community researchers has long been acknowledged in disability studies, inclusive research practices such as these are less common in research about another marginalised group: people who are in prison or have spent time in prison. Over the past decade in Australia, the number and rate of people imprisoned has risen rapidly, and recidivism rates remain high, indicating a need for improved services. In this article, we draw on methodological reflections from two case studies on research with marginalised communities, one in disability studies and one in post-prison research. We apply insights from disability research to argue the importance of incorporating community researchers in qualitative research projects seeking to explore the experiences of people involved with the criminal justice system, such as people who have been released from prison. [ABSTRACT FROM AUTHOR]

The confidence of intimate partner violence (IPV) survivors/victims in the criminal justice system (CJS) is important to consider when exploring intervention and prevention strategies toward deterring IPV. Information on the experiences of IPV survivors/victims with the justice system is greatly lacking. This issue is even more so for IPV survivors/victims for minority communities such as Australian–Muslims. The lack of cultural and religious sensitivity that many immigrant women experience with the CJS deters them from accessing the CJS. In addition, the contrast between the mediation processes in courts and those of religious requirements may make the mediation processes ineffective if they do not include the perpetrators in the mediation process. Furthermore, for many migrant women, their lack of knowledge about their rights under the Australian legal system renders them powerless to undertake active action against IPV in their relationships. Due to the lack of research on Muslim women's experiences, it is difficult to ascertain how the justice system response can effectively address IPV issues for Australian Muslim women. It is therefore necessary to solicit Muslim women's views and explore past experiences with the justice system to inform future reforms that will better meet the justice response needs of Muslim women in Australia. This article explores Muslim women's positive and negative experiences with the justice system in response to their IPV victimization. It also investigates the constraints that have deterred Muslim women from seeking assistance from the Australian criminal justice system (ACJS), particularly in the reporting of intimate partner violence. The findings of this research give voice to Muslim women's past experiences with the CJS. It is expected that the findings will influence practical outcomes that can facilitate strategies by the CJS to promote inclusiveness among Muslim women to increase their confidence in the CJS. [ABSTRACT FROM AUTHOR]

Identity theories have long influenced criminological thinking, and much of that work warns of deviant certification and negative appraisals as promoting criminal continuity. In the drug-use literature, similar themes have emerged linking drug-use continuity to the strength of one's identity as 'dependent' or 'addicted' to drugs. Using archival data drawn from the Drug Use Monitoring in Australia (DUMA) program, we explore the correlation between criminal justice contact and the self-identification of a drug dependency among a sample of recent drug-using police detainees. We find, holding constant a detainee's frequency, longevity and type of drug use, that contact with the criminal justice system is statistically associated with higher odds of self-identifying as dependent. Further, we found those detainees who have more frequent criminal justice contact more likely to report themselves as dependent. This finding contributes to ongoing research into the complexity of identity and the management and engagement of drug-using offenders in treatment programs offered throughout the criminal justice system. [ABSTRACT FROM AUTHOR]

Young people transitioning from out-of-home care, commonly called care leavers, are known to be a vulnerable group. Many experience poor outcomes leading them to become homeless or involved in the criminal justice system. Yet compared to most other Anglophone democracies, Australia lacks mandatory assistance for care leavers beyond 18 years of age. There are also major legislative, policy, and program differences between care leaver entitlements in the individual states and territories. This paper argues that the Commonwealth Government should introduce a nationally consistent extended care system that would require all jurisdictions to provide a minimum standard of support until at least 21 years of age. A uniform set of extended care standards is even more vital in the context of COVID-19. IMPLICATIONS Many Australian care leavers have poor life chances despite recent advances in the support programs provided by the states and territories. A nationally consistent extended care program is likely to progress improved opportunities and outcomes for care leavers. [ABSTRACT FROM AUTHOR]

The aim of this study was to examine the key sociodemographic characteristics of Australian mothers and their children who were victims of family and domestic violence (FDV) that resulted in the male perpetrator being criminally charged for the offense or the mother being hospitalized. A population-based retrospective cohort study using de-identified linked health and police data of mothers with children born 1987–2010 who were victims of FDV 2004–2008 was utilized. Results indicate that mothers who were identified in police data are different demographically from those identified in health data and differed again from mothers identified in both health and police data. Within Western Australia, 3% of the population identify as Aboriginal; however, 44% of mothers identified as victims in police data and 73% within the health data were Aboriginal. Of the mothers identified in police data, 30% were under 25 years of age at their first assault recorded in police data compared with 21% in those identified in both police and hospital data. Most mothers identified as victims of FDV in police data had children present at their assault (60.6%). Prevalence of FDV exposure, identified in police data, was significantly different in Aboriginal children compared with non-Aboriginal children. Aboriginal children had a 19-fold (p <.0001) increased difference in prevalence of exposure compared with their non-Aboriginal counterparts. The study reveals the challenges in identifying victims of FDV when relying on a single data source for research and highlights the need for multiple datasets when investigating FDV. The overrepresentation of Aboriginal mothers and children should be taken in the context of the long-lasting impact of colonization. As such, prevention and early intervention strategies need to be underpinned by Aboriginal communities' cultural authority. [ABSTRACT FROM AUTHOR]

Purpose: This paper aims to report on the findings of a qualitative study that explored the views of 53 service providers assisting Indigenous young people (known in Australia as Aboriginal and Torres Strait Islander youth) transitioning from out-of-home care (OOHC) in Australia. Design/methodology/approach: A qualitative approach was adopted involving semi-structured interviews and focus groups with 53 representatives of state and territory government departments, non-government organisation service providers and Aboriginal community-controlled organisations (ACCOs) across Australia. The project was designed to gain the perspectives of those working within the system and their views on how it interacts with Indigenous care leavers. Interview questions aimed to ascertain the strengths and weaknesses of the leaving care support systems available to this cohort, as well as the key challenges facing service providers in supporting them. Finally, the study aimed to make recommendations for policy development in this area and identify potential best practice service responses. Findings: The study found that the OOHC service systems continue to fail Indigenous care leavers, their families and communities. Study findings revealed that Indigenous care-leavers face substantial challenges and that the support systems for those leaving OOHC are often culturally insensitive and ineffective. Many Indigenous OOHC leavers lacked the supports they needed to develop safe and ongoing relationships with their traditional Country, family and communities. To promote more positive transitions and outcomes, effective practice responses were identified, including culturally safe programmes and proportional funding for ACCOs to advance greater self-determination. Originality/value: This research is the first national study in Australia to examine the specific transition from care pathways and experiences of Indigenous young people. The findings add to the limited existing knowledge on Indigenous care leavers globally and should inform practice and policy innovations with this cohort in Australia and beyond. [ABSTRACT FROM AUTHOR]