The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) includes a discussion of Aboriginal Identity covering the production of concepts of Aboriginality by non-Aboriginal academics and researchers. It notes the importance of Aboriginal people being in control of research about them, including what is researched and studied and what is done with that research, to ensure that it serves the needs and priorities of the Aboriginal community while meeting cultural requirements.

Ensuring access to the RCIADIC Report records is vital for deepening our understanding of the factors contributing to Aboriginal and Torres Strait Islander deaths in custody. While access can be provided, it must be supported by procedures that protect privacy, maintain confidentiality, and respect Aboriginal and Torres Strait Islander cultural sensitivities.

In 2025, the Public Record Office Victoria (PROV) were consulted on implementation of this recommendation, their response is provided below.

Public Record Office Victoria

No change from 2018. Records are in the custody of the National Archives of Australia.

National Archives of Australia, Royal Commission into Aboriginal Deaths in Custody

The Royal Commission created or collected about 200 shelf metres of records. These deal with the investigation of individual cases (the ‘case files’, which include exhibits and findings), underlying issues, submissions, research material, the records of counsel assisting the Commission and the administrative records of the Commission. There is one or more case file(s) for each of the 99 deaths investigated by the Commission.

There were also investigations into underlying issues that contributed to the passings in custody. The records of these investigations include public submissions and hearings, research papers of the Commission’s Criminology Research Unit and other commissioned historical, social and economic research papers. Many of these papers have been published.

Access to the records

The Commission decided that the material it had gathered should be made as publicly accessible as possible but was aware that most of it was not yet in the open access period as defined by the Archives Act 1983. It acknowledged that privacy and Aboriginal cultural sensitivities needed to be considered.

Arrangements were made between the Commonwealth and State governments because many of the records were created by state and local governments under State government powers. The Commission recommended that appropriate Aboriginal organisations be involved in deciding access arrangements.

Arrangements for public access to the Commission's records are:

• Records which were publicly available when the Royal Commission was in operation, such as transcripts of open hearings, remain publicly available.
• Individuals and organisations may obtain access to submissions or exhibits which they placed before the Royal Commission, and to related transcripts.
• Other records, including records subject to a non-publication order made by a Royal Commissioner will be considered for release under the public access provisions of the Archives Act. If required, the National Archives will consult with Aboriginal groups and the Department of Prime Minister and Cabinet as part of the decision-making process. Before release, records will be assessed for possible Aboriginal cultural sensitivities, and for possible state or territory government sensitivities.
• The administrative records of the Commission are also subject to the public access provisions of the Archives Act.

Outputs

National Archives of Australia, Research Guide: Aboriginal deaths in custody

This Guide was produced to assist in identifying and using the records of the RCIADIC. Relevantly, it includes information on:

• The types of records created and the way the records are arranged, including the case records; the underlying issues records; research material; the papers of the Commissioners and staff; the records of legal counsel assisting the Commission; and the Commission’s administrative records.
• The Commission’s recommendations on public access to its records, which references recommendations 53 and 57.
• An explanation of how to seek access to the records, including where they are located and the access arrangements that apply to each group of records.

Many series of records are in more than one Archives office. This is in accordance with Recommendation 57 of the Commission, which provided that the records should be held in the State or Territory in which they were created or collected by the Commission.

Outcomes

National Archives of Australia, Royal Commission into Aboriginal Deaths in Custody

Records of the Commission are held in most offices of the National Archives. They are largely publicly available and can be accessed through the NAA website or by submitting a request for access to records. The Research Guide may be used to assist in finding records.