“Set-up to fail”: Indigenous experiences of Intensive Correction Orders in New South Wales

Introduced in New South Wales in 2010, Intensive Correction Orders (ICOs) were presented as a new rehabilitative, community-based alternative for offenders sentenced to less than 2 years imprisonment. ICOs were meant to be widely available, providing a means of dealing with offenders criminogenic issues such as drug use and mental health; however, later evidence found that their uptake had been limited and Indigenous offenders were underrepresented on the order. Arguably, this lack of success for the Indigenous community stems from an early absence of consultation and input from Indigenous leaders and groups during the development of ICOs - resulting in a sentencing option that is excluding Indigenous offenders and failing to meet their needs. This thesis will discuss a study that examined how ICOs are currently impacting Indigenous offenders and will explore the findings of over 50 interviews undertaken with a variety of affected Indigenous offenders (both in the community and in custody), as well as a range of other stakeholders in the New South Wales justice system. The study covers a diversity of perspectives including interviewees from both urban and regional/remote locations, as well as offenders of different gender and age groups. Beyond examining where ICOs have struggled to meet the needs of these offenders, potential areas of reform that have emerged from this study will also be identified that may promote greater accessibility and success for Indigenous offenders on community-based orders in the future.