John Pat's death prompted the Royal Commission into Aboriginal deaths in custody.
Founding member of the Indigenous Social Justice Association, Alison Thorne says the Royal Commission made the right recommendations, but the situation hasn't improved.
Timeline: Aboriginal deaths in custody
"The problem is racist over-policing," Ms Thorne told SBS Radio.
"The problem is the over imprisonment of Indigenous Australians and the recommendations of the Royal Commission was that imprisonment should be the last resort but instead of a last resort, it's the first resort in so many instances for the most minor things such a simply talking back to the police."
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