Cross-system reform needed to address structural racism against First Peoples

Federal, state and territory governments must meaningfully commit to foundational cross-system reform that prioritises self-determined solutions by First Peoples to properly address structural racism and discrimination.

This is one of our key recommendations in our submission to the Joint Standing Committee on Aboriginal and Torres Strait Islander Affairs, which is holding a federal inquiry into the racism, hate and violence directed at First Peoples.

Public hearings have been held across the country to hear about the experiences of First Peoples and their communities, and how individual and collective harm can be reduced.

‘Addressing racism requires more than responding to individual acts of discrimination,’ said Acting Executive Director Melissa Harrison, from VLA's Barring-ga Balert (First Peoples Services) directorate.

‘It requires changing the systems, policies, laws and cultures that continue to disadvantage First Peoples every day.

‘It is time to shift the responsibility for addressing discrimination from those who experience it, to the institutions and decision makers with the power to prevent it.’

Structural racism – its nature, prevalence and impact

In our work, we see first-hand the impacts structural racism and discrimination have on clients. This has led to an over-representation of First Peoples in the criminal, child protection and mental health systems.

The impacts of structural and individual racism on First Peoples are significant including to social and emotional wellbeing, their health, housing, livelihoods, education and connection to community. We see the barriers clients have in making a complaint and seeking redress.

In the last three years, we have provided almost 450 legal services to First Peoples clients seeking support with a discrimination claim.

A self-determined future – our anti-racism recommendations

In our submission, we call for governments to meaningfully commit to cross-system foundational and transformational change.

There is a key opportunity to be guided by the work of the Yoorrook Justice Commission in Victoria by embracing a whole-of-systems approach, that includes:

• prioritising prevention in key drivers of health and social wellbeing, like housing security, education, mental health support and anti-racism measures
• strengthen oversight and accountability of these systems to respond to and address racism
• prioritising First Peoples-led prevention and early intervention over punitive approaches for young people
• mental health reforms that ensure cultural safety for consumers subject to compulsory treatment
• increasing cultural capability across health, housing and education, law enforcement, child protection and legal systems to deepen understanding of race, racism and racial inequality.

Our submission calls for anti-discrimination reform, including:

• legislating to ensure discrimination by government authorities is unlawful
• making addressing systemic discrimination a purpose of anti-discrimination law
• creating a ‘positive duty’ across anti-discrimination law requiring duty holders to take positive steps in the form of ‘reasonable and proportionate measures’ to eliminate discrimination.

More information

Read our submission in full.

Read the inquiry’s terms of reference.