A new report from Save the Children Australia and 54 reasons has found that, since 2023, five of Australia's eight states and territories have systematically denied children their fundamental rights under the pretext of "tough on crime" policies, underscoring the urgent need for the Federal Government to enact national standards in youth justice.
The second National Youth Justice Scorecard rates youth justice laws across the country through the lens of children's rights. It reveals widespread backsliding in the two years since the release of the "Putting children first: A rights-respecting approach to youth justice in Australia" report, which put a spotlight on the erosion of children's rights in the justice system.
The significant rights regressions by State and Territory governments make it even more critical for the Federal Government to provide national leadership and protect every Australian child.
In Victoria, the State government is currently proposing new "violent crime, adult time" laws that would see children as young as 14 tried in adult courts and possibly face life sentences. These proposals come after the government's earlier moves to adopt severe bail laws targeting young people. In March this year, the NSW government extended its harsher bail laws, making it more difficult for children to obtain bail.
In July, the Northern Territory Government passed legislation to reinstate the use of spit hoods on children in youth detention centres, as part of sweeping amendments to the Youth Justice Act that also removed detention as a last resort for children.
The Queensland Government has continued to override its own Human Rights Act, including to impose harsh detention and sentencing laws over the past two years, along with a laundry list of punitive measures under its "adult crime, adult time" election pledge.
54 reasons Executive Director Vicki Mau says, "Across the country, State Governments are taking the easy, populist road – backsliding on best practice and accepted minimum standards at the expense of children, their human rights and genuine community safety. It feels like a race to the bottom.
"Criminalising and jailing children does not make our communities safer. It does not address the root causes of the harm we are all trying to prevent.
"Children in detention are often those most failed by the system, including kids with undiagnosed disabilities, deep trauma, child-protection histories, and who are often victims of serious crimes and family and domestic violence themselves.
"All Australian governments should adopt a rights-respecting approach that focuses on responding supportively to the needs of young people, and understanding and respecting their experiences and views. The evidence is clear that this approach is what actually reduces and prevents offending behaviour."
Ethan* is a 16-year-old First Nations young person, who has been in touch with the justice system for much of his life.
He is currently being held in youth detention after breaching bail. He says punitive responses like throwing kids in jail does not work.
"I reckon [jailing children] is going to make it worse because of the mindset they're getting and not thinking it's a good place to be. And the only way they think is go out, do crime, get locked up and get out again. And, you know repeated cycle," he said.
The 54 reasons team held a session at the juvenile detention centre where Ethan was serving his first sentence. It was the first time Ethan felt like someone was there to support him, as the team listened to him and provided him with alternative pathways once his sentence ended.
"Now when I'm at 54 reasons, they help you and show you the way to make a right decision, not to make the wrong decisions and it's been heaps better, not just for me, but it helped my younger brother. He stopped coming in here as well, which is good."
Ethan is still working with 54 reasons to change his path and break the cycle of reoffending.
"I want to better the mistakes I made and learn from my mistakes instead of just going through with my mistakes. Make them better, not for myself, but for my little ones and my younger brother that looks up to me."
Ms Mau says the release of the National Youth Justice Score Card "is a moment that calls for national leadership from the Federal Government. We are calling for enforceable national standards that reflect international child rights requirements and clearly outline expectations in youth justice across the country.
"It's one year on from the tabling in Parliament of the Australian Human Rights Commission's landmark Help way earlier! Report. It's well past time for the Federal Government to formally respond to that report and support its recommendations.
"We also welcome the Senate inquiry into Australia's youth justice and incarceration system and urge the government to view the findings as an opportunity to take national leadership.
"The treatment of children and young people in youth justice is symptomatic of the lack of priority that is given to children more broadly. That's why we also want to see the Federal Government develop a comprehensive National Children's Plan and appoint a Cabinet Minister for Children to drive it."
The scorecard's release follows research by Save the Children and 54 reasons earlier this year showing what children in the justice system actually need. "Missing pieces: Young people's search for connection and belonging" drew on consultations with young people engaged in youth justice services, who described their experiences of connection, belonging, and what helps them feel seen, heard, and valued.
Ms Mau says, "Current approaches are pushing the problems we face down the road. If we listen to the voices of children and young people, we can better understand how to support them earlier, overcome the challenges they face, and forge new paths when they exit the justice system."
