Nevertheless, the cases did reveal little appreciation by police and prison officers, and administrations, of the duty of care owed by custodians to those in their care. In many of the cases lack of care was identified as a factor in the deaths. It was also apparent that the investigation of these deaths prior to the establishment of the Royal Commission had usually been perfunctory, and had failed to examine the issues of custodial care and responsibility in the wider sense. It is clear that the rate at which Aboriginal people die in custody is unacceptably high, but it is also clear that this high number is directly related to the gross disproportion in the numbers of Aboriginal people in custody across Australia. It was apparent in every case examined by the Royal Commission that the Aboriginality of those who died played a significant and in most cases dominant role in their being in custody and dying in custody.
Aboriginal people have a unique history of being ordered, controlled and monitored by the state.
Examination of the lives of those who died documented through government files revealed a familiar pattern of state intervention into and control over their lives. Much of this intervention and control was exercised through the criminal justice system. Although there were exceptions, the vast majority of the deceased had come into contact with the criminal justice system at an early age, and had repeated contact with it throughout their lives. In order to understand the effects which this legacy of domination and control have had on Aboriginal people today, it is necessary to understand the history of government intervention in Aboriginal lives. This history is little known by non-Aboriginal Australians.