This article identifies and explores the connection between 'disproportionate indigenous incarceration rates' and 'the history of regimes and cultures of racial segregation and governance in which indigenous peoples were coercively managed, for the most part outside 'normal' legal and penal institutions, until the third quarter of the 20th century.'

Russell Hogg, 'Penality and modes of regulating indigenous peoples in Australia' (2001) 3(3) Punishment & Society 355

Offensive conduct and language offences in New South Wales aim to regulate public behaviour by enforcing community standards. However, these laws rely on broad police discretion, which has led to disproportionate impacts on Aboriginal people, especially in regional areas. This has prompted continued calls for law reform.