Comprehensive Analysis of Colonisation Impacts and First Nations Relations with the Queensland Police Service

Over-representation of First Nations Peoples in the Criminal Justice System

• The Report documents a significant over-representation of Queensland’s First Nations peoples within the criminal justice system.

• Demographic Statistics: While First Nations peoples comprise approximately $3.8\%$ of the Queensland population (aged $10$ and over), they represent $33\%$ of the prison population.

• International Context: This over-representation is not confined to Queensland or Australia. It is a common characteristic documented in other settler-colonised countries, including New Zealand, the United States of America, and Canada.

• Contributing Factors: Local, national, and international research consistently associates this over-representation with over-policing, systemic racism, and compounding systemic inequalities faced by First Nations communities.

• Core Thesis: Any analysis of how cultural and structural issues within the Queensland Police Service (QPS) contribute to this issue must acknowledge the historical and continuing effects of colonisation and colonialism.

Definitions and Theoretical Underpinnings of Colonialism and Colonisation

• Interconnectivity: Colonialism and colonisation are interlinked terms used interchangeably to describe control, violence inflicted upon First Nations peoples, and the justification for dispossession.

• Colonialism (Ideology): Colonialism is defined as the ideology driving colonisation. It is based on the assumption that the country of origin is superior, granting the right to take over land, occupy it with settlers, and exploit the region for their own benefit.

• Colonisation (Action): Colonisation is the action of settling among and establishing power and control over lands and First Nations populations. It involves:

  • Subjecting local people to the customs, languages, and religions of the colonising nation.

  • Forcibly disconnecting First Nations peoples from cultural practices through dehumanising methods such as massacres, physical violence, enslavement, and separation from family and kinship groups.

• Contemporary Structure: The Institute of Collaborative Race Research identifies settler colonisation as an ongoing relationship rather than a historical event, as questions of land ownership, jurisdiction, and resource control remain unresolved.

The Commission’s Mandate, Cultural Identification, and Consultative Process

• Task: The Commission examined how cultural issues within the QPS regarding domestic and family violence (DFV) investigations contribute to the over-representation of First Nations peoples.

• Identified Internal Issues:

  • Lack of effective leadership.

  • Presence of sexism, misogyny, and racism.

  • Negative attitudes toward domestic and family violence.

  • Burnout and fatigue among staff.

• Consultative Methodology:

  • Writing to Aboriginal and Torres Strait Islander Councils for submissions.

  • Reviewing contemporary literature and obtaining data from QPS, Queensland Courts, and Queensland Corrective Services.

  • Meetings with Elders, community leaders, First Nations police officers, and Liaison Officers.

  • Consultation with the QPS First Nations and Multicultural Affairs Unit and First Nations Reference Group.

  • Public hearings in Brisbane, Cairns, Townsville, and Mount Isa to capture specific regional experiences.

The Historical Trajectory of Policing and Institutionalized Violence in Queensland

• The Queensland Native Police: Established in $1864$, this unit was a precursor to the Modern QPS. It was tasked with "dispersing" First Nations peoples and suppressing resistance to settlers.

• Violence and Mortality: Queensland’s Native Police is regarded as the most violent in Australia. The term "to disperse" was a euphemism for shooting or killing. Estimates suggest the unit was responsible for the deaths of $40,000$ First Nations men, women, and children over a $40$-year period.

• Oppressive Legal Regimes: Historical laws enforced by police included:

  • Restrictions on movement, residence, travel, and marriage.

  • Forced relocation to reserves and missions (described by Elder Aunty Florence Onus as "detention centres").

  • Prohibition of traditional languages, lore, and cultural practices.

  • The violent removal of children, leading to the Stolen Generations and the destruction of social structures.

• Role of Police: Police were at the forefront of enforcing these regimes. Policies and civil restrictions remained in effect until the late $1970$s and $1980$s.

Living Memory and Intergenerational Trauma

• Recent History: Superintendent Kerry Johnson noted that the QPS was part of the White Australia policy within its $160$-year history. Citizenship for First Nations peoples was only granted in $1967$.

• Case Example (Palm Island): Ms. Andrea Kyle Sailor detailed a $1930$ incident where a police superintendent shot several people, and a First Nations community member was imprisoned for retaliating against the officer. This, combined with the $2004$ riots, ensures that mistrust remains high in $2022$.

• Intergenerational Fear: Elder Aunty Florence Onus described a $5$-year-old daughter running in terror at the mere sight of a police car because of the collective trauma stories she had heard.

• Distrust in Rural Communities: Sergeant Matthew Costelloe of Cunnamulla reported high distrust due to historical and recent events, such as the Cunnamulla Riot on $1$ January $2017$, an off-duty officer fighting a community member, and a $2021$ video of an officer threatening a First Nations male.

Case Study: The Experience of Keira and Systematic Police Failures

• Background: Keira, a $31$-year-old Kamilaroi woman, was murdered by her partner, Warren, in South-East Queensland.

• Police Negligence:

  • Eleven months before her death, police attended a DFV incident but took no action, claiming Keira was "not obviously fearful" and both parties were "as bad as each other."

  • Multiple follow-up attendances were logged as "always a verbal" or "nothing more than a verbal argument" involving "colourful language," even when police failed to actually speak with the couple.

  • One month prior to her death, Keira passed a note at a job search office asking staff to call police. When they arrived, she expressed fear of Warren becoming angry over house keys; police recorded this as "DV – no offence."

• Barriers to Support: Keira had connected with support agencies and was assessed as high risk (non-lethal strangulation, stalking, threats to kill). However, she explicitly stated she did not want police involvement because her grandparents were part of the Stolen Generations and she feared the "shame."

Evaluating Cultural Capability and Training Within the QPS

• Definition of Cultural Capability: The skills, knowledge, and systems required for police to deliver services to First Nations peoples in a respectful and appropriate manner.

• Definition of Cultural Intelligence: The ability to adapt sensitively to situations involving First Nations communities.

• Training Gaps: A $2021$ Survey found most QPS members had not received training on historical relationships or contemporary social issues.

• Current State of Training: In June $2022$, the Commission found that cultural training had ceased, been reduced to in-house sessions, or converted to an online SBS inclusion package which Superintendent Johnson described as inappropriate for such complex topics.

• Proposed Improvements: Assistant Commissioner Mark Kelly noted a new two-day cultural capability program is in the planning stages for the Academy, involving co-design with external organizations.

• Officer Resistance: Survey feedback showed some officers were hostile toward training, with responses claiming history was being "shoved down our throats" and that police are not at fault for incarceration rates.

Barriers to Help-Seeking and the Role of Resistive Violence

• Barriers to Reporting (Figure $26$):

  • Mistrust of police and fear of harsh action against the perpetrator.

  • Fear of death in custody risks.

  • Fear of child safety intervention and child removal.

  • Inability to be relocated due to connection to Country.

• Delay in Seeking Help: These factors mean First Nations survivors often only contact police after violence has escalated significantly over an extended period.

• Resistive Violence: First Nations women may use violence to keep themselves and their children safe from a perpetrator. This is often an attempt to pre-empt an abusive episode or avoid a partner's incarceration and subsequent risk of death in custody.

• Misinterpretation: Resistive violence can be misinterpreted by police if viewed in isolation from the underlying pattern of control and size differences within the relationship.

Case Study: The Experience of Fiona and the Limits of Intervention

• Background: Fiona ($47$, First Nations) was in a relationship with Richard ($45$). She died from self-inflicted injuries following severe abuse.

• Police Attendance Failures:

  • Three months before death: Police responded to a call of Fiona screaming. They did not interview the parties separately and no investigation into the nature of the argument occurred.

  • Continuous "street checks" of Fiona were recorded by police.

  • Two weeks before death: A landlord reported Fiona had been strangled. Police saw bruising and redness on her neck but conducted no risk assessment.

• Hospital Interaction: Fiona disclosed to hospital staff that Richard assaulted her almost daily and had strangled her four times.

• Final Incident: On the day of her death, neighbours heard yelling and were told by Richard's mother not to call police. Fiona was found bleeding with injuries from hot water and punches. She died $5$ days later.

The Physical Environment of Police Stations and Alternative Reporting Models

• Intimidating Environments: Ms. Kyle Sailor described police stations as "cold," "sterile," and intimidating. She cited an instance where an officer asked a hesitant young victim, "what’s the problem now?" while standing with folded arms.

• Cultural Unsafety: Associate Professor Marlene Longbottom noted that stations lack confidential exits/entrances and safe environments for children, making them suboptimal sites for disclosure.

• Proposed Model: The Commission recommends utilizing alternative community spaces, such as local council rooms, to interview witnesses and take statements to avoid the "harm and detriment" of being seen cooperating with police at a station.

Summary of Findings, Recommendations, and Human Rights Considerations

• Key Findings:

  • Colonial history and continuing violence have a profound impact on First Nations relationships with police.

  • Historical distrust is exacerbated by lack of cultural capability and ongoing negative interactions.

  • Native police history and the Stolen Generations create a foundation of fear that acts as a barrier to reporting DFV.

• Recommendations:

  • Recommendation $41$: QPS must strengthen cultural capability training within $12$ months, ensuring it is co-designed and co-delivered by First Nations peoples.

  • Recommendation $42$: Establish a First Nations panel to assess and advise the People Capability Command regarding training.

  • Recommendation $43$: QPS must consult with every police district to secure alternative spaces for witness interviews.

• Human Rights Act ($HRA$) Implications: Improving cultural capability supports the following rights:

  • Recognition and Equality ($s15\,HRA$).

  • Cultural Rights - General ($s27\,HRA$).

  • Cultural Rights of First Nations Peoples ($s28\,HRA$).