Calls for reform following the DPP decision announced on the one-year anniversary of Kumanjayi White's death
The Commissioner has responded to the NT DDP decision not to charge the 2 officers involved.
Summary
- The Commissioner has raised concerns over the timing of the announcement which came on the one-year anniversary of Kumanjayi White's death and on the eve of Sorry Day.
- There are urgent calls for independent investigation into deaths in custody to avoid police-led investigations.
- The case highlights broader systemic issues, particularly for First Peoples with disability.
- Implementation of Royal Commission into Aboriginal Deaths in Custody recommendations is required to address these ongoing issues.
Aboriginal and Torres Strait Islander Social Justice Commissioner, Katie Kiss has renewed her call for justice reform following yesterday’s decision by the Northern Territory Director of Public Prosecutions not to lay charges against the two officers involved in the death of Kumanjayi White in Alice Springs.
‘This case yet again highlights the urgent need to ensure that deaths in custody should be independently investigated. Police should not be investigating other police.
‘Today marks one year since the death of Warlpiri man Kumanjayi White. The 24-year-old with cognitive disability died after being forcibly restrained by two plain-clothes Northern Territory police officers inside a supermarket in Alice Springs.
‘We extend our deepest condolences to the family of Kumanjayi White for their loss and the struggles they have faced in the pursuit of justice. The timing of this announcement on the eve of the anniversary and on National Sorry Day has caused additional harm to our people on a significantly sensitive day for First Peoples.
‘In the Northern Territory, the police investigate and gather the evidence about a possible crime. The DPP assesses the police evidence. Police should not be investigating other police in death in custody matters. This undermines community confidence and leads to risks of flawed investigations.
‘We support the calls from Aboriginal community leaders and justice advocates for justice sector reform. This case underscores the urgent need for governments to fully implement the recommendations of the Royal Commission into Aboriginal Deaths in Custody. Thirty-five years on from the Royal Commission, many of its recommendations remain unimplemented.
‘Aboriginal and Torres Strait Islander people with disability are especially at risk of harm within policing, justice and corrections systems, and we support the First Peoples Disability Network’s calls for the Northern Territory Government to:
- Adopt all Disability Royal Commission justice recommendations, with co-design led by First Nations people with disability.
- Fund First Nations Community-Controlled Disability Justice Hubs to provide early intervention, crisis de-escalation and post-custody support across the Territory.
- Introduce real-time public reporting of deaths and serious incidents in custody, disaggregated by Indigeneity and disability.
- Align Northern Territory policing practice with Closing the Gap Priority Reforms, including shared decision making and culturally safe service delivery.
‘We renew our calls for Indigenous deaths in custody to be investigated independently. Investigations must be conducted by organisations and individuals who have no potential or perceived conflicts of interest.
‘There have been 634 Indigenous deaths in custody since the Royal Commission, and 16 in 2026 alone. Governments must act to reduce the incarceration rates in line with Closing the Gap commitments, and minimise the potential for future deaths by implementing the recommendations from the Royal Commission.’
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