National Inquiry Targets Youth Justice System Flaws

Justice Reform Initiative

The Justice Reform Initiative welcomes the announcement of a renewed Senate inquiry into Australia's youth justice and detention systems — an essential step towards national accountability and reform for a system in crisis.

Executive Director Dr Mindy Sotiri said the inquiry, proposed by Greens Senator David Shoebridge and passed as a formal motion on Tuesday, provides a vital opportunity for Federal leadership to address decades of evidence ignored by jurisdiction after jurisdiction.

The interim report of the first Senate Inquiry into Youth Justice — handed down in February following 223 submissions and testimony from 40 witnesses — found significant and disturbing evidence about the incarceration of children in Australia and strongly recommended further consideration by the Federal Parliament.

Dr Sotiri said reinstating the inquiry is a critical step to continuing this important work. She noted that its focus on the over-incarceration of First Nations children, children's rights, national minimum standards, and state and territory compliance with Australia's human rights obligations underscores the seriousness of the structural issues at hand. She also welcomed the inquiry's commitment to hear from young people who have themselves experienced incarceration.

The inquiry builds on the recommendations of National Children's Commissioner Anne Hollonds' landmark Help Way Earlier! report, handed down in August last year, which called for transformational change that centred child well-being and national leadership.

"Years of reviews, evidence and advocacy have made it clear that the justice system for children and young people is failing. It causes significant harm; it doesn't work to protect the community; it makes reoffending more likely and it is incredibly expensive."

"The approach to justice policy in almost all states and territories is characterised by deeply politicised 'tough on crime' posturing which ignores all of the evidence about what actually works to build community safety. Far too many children are funnelled into police cells and prisons," Dr Sotiri said.

"It is a Federal responsibility to ensure that there are systems, services and supports available to all Australian children who need help, and to ensure that the rights of the most vulnerable children are upheld."

Data from the Australian Institute of Health and Welfare (AIHW) shows around 85% of children sentenced to detention return to custody within 12 months while more than half of all children under supervision in 2023-24 had been in detention at some point.

Dr Sotiri welcomed the inquiry's potential to examine systemic issues including the over-incarceration of First Nations children.

"We know what works: community led diversion programs, First Nations-led place-based initiatives, bail support, education and employment pathways. These are proven to reduce offending and support children into safe, meaningful lives, but they remain chronically under-funded while billions continue to be spent managing disadvantage through imprisonment," she said.

"We need national leadership to shift away from an over-reliance on incarceration and toward evidence-based solutions that prevent crime, support children, families, and communities and ensure taxpayer dollars are spent in ways that actually make a difference."

About us:

The Initiative respectfully acknowledges and supports the current and longstanding efforts of Aboriginal and Torres Strait Islander people to reduce the numbers of Indigenous people incarcerated in Australia and, importantly, the leadership role which Indigenous-led organisations continue to play on this issue. We also acknowledge the work of many other individuals and organisations seeking change, such as those focused on the rate of imprisonment for women, people with mental health issues, people with disability and others.

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