The Australian Greens have successfully secured a fresh Federal inquiry into youth justice and incarceration, ensuring national scrutiny of youth detention practices across Australia continues into the new Parliament.
The Greens welcomed the decision, emphasising the urgency of Federal action as states and territories move towards harsher approaches to youth justice.
As stated by Greens Leader and First Nations Spokesperson Larissa Waters:
"The government has taken its foot off the accelerator for First Nations justice since the Voice Referendum, and in that vacuum, states and territories have only further stripped back rights for Aboriginal and Torres Strait Islander peoples.
"We need to raise the age of criminal responsibility, and implement the recommendations of the Royal Commission into Deaths in Custody, but we are going backwards. This moral and policy failure means that not only are 60% of all children in detention First Nations kids, but incarceration inequity is rising.
"This inquiry is an important step towards ending the over incarceration of First Nations children, and will elevate the voices of those who know best about how to keep people and community safe, and divert young people from the legal system.
"There is so much more that must be done to protect First Nations children, and Albanese's Labor government can't just wash its hands of the continued breaches of international law by states and territories. The lives of First Nations children depend on urgent action, led by community, and backed by the government."
As stated by Greens Senator and Justice Spokesperson David Shoebridge:
"This is a critical time for the Commonwealth government to consider what's happening in youth justice as states and territories are ignoring our international obligation, in their rush to compete on cruelty.
"We need to hear from the young people on the front line of this crisis, and follow the best evidence so that we keep children and communities safe.
"We know the impact of continued politicisation of youth justice is harming young First Nations people at disproportionate rates and this inquiry will be able to consider the harm done and evidence-based solutions.
"The NT has already shown what happens when the Federal Government chooses to ignore youth justice reform with NT jail cells bursting with First Nations children who face daily cruelty.
"With the Commonwealth government providing 71% of the NT budget, of course there is fiscal power that can be exercised to force basic dignity and human rights on the NT juvenile justice system.
"Children in detention are being denied basic human rights and the Federal Government can no longer pretend this isn't their problem.
"Tough on crime rhetoric might win votes at a State and Territory level, but it ruins lives. This inquiry will shine a light on the real cost of these punitive approaches to youth justice.
"Re-establishing this inquiry was a unanimous recommendation from the last Parliament, and I am thankful that the Government has listened," Senator Shoebridge said.
The complete terms of reference are as follows:
(1) That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 31 March 2026:
(a) Australia's youth justice and incarceration system, with particular reference to:
(i) the outcomes and impacts of youth incarceration in jurisdictions across Australia;
(ii) the over-incarceration of First Nations children;
(iii) the degree of compliance and non-compliance by state, territory and federal prisons and detention centres with the human rights of children and young people in detention;
(iv) the Commonwealth's international obligations in regards to youth justice including the rights of the child, freedom from torture and civil rights;
(v) the benefits and need for enforceable national minimum standards for youth justice consistent with our international obligations; and
(vi) any related matters.
(2) That, in conducting the inquiry, the committee:
(a) engage with and seek input from young people with lived experience in the youth justice system; and
(b) seek evidence of effective alternative approaches to incarceration for young people, including diversionary programs.
(3) That the committee have the power to consider and use the records of the Legal and Constitutional Affairs References Committee appointed in the previous parliament.
