Australia, Drive it like you stole it: The Dire Need for Change after the Voice Referendum

Abstract

This article is a reflection upon the treatment of First Nations people by the legal system in Australia and the dire need for socio-political and legislative change given the rejection of the Voice referendum. It takes the decisions of the High Court in Bugmy and Munda as a point of departure for a wider reflection on racism in Australia, which explains the disproportionate rates of First Nations incarceration. It considers structural bias in criminal justice and policing frameworks, as well as socio-economic bias in sentencing and bail options. The article exhorts the need for new structures of co-existence in Australian society.