A cross-party Senate committee has today found no evidence of a youth crime crisis that has been used to justify a decade of harsher laws, while calling for national minimum standards and a national taskforce to prevent the ongoing harm to children in detention.
The Senate Legal and Constitutional Affairs References Committee tabled its report into Australia's youth justice and incarceration system this morning, making four recommendations for Federal action:
- Introducing national minimum standards in relation to youth justice in Australia.
- Establishing a cross-portfolio National Child and Community Safety Taskforce to coordinate national reform.
- Undertaking an education campaign on evidence-based information on youth crime, and the benefits of alternatives to the incarceration of children to community safety and wellbeing.
- Undertaking a further inquiry into the factors that contribute to youth incarceration including access to health, education, disability, community, social and legal services.
The report also called out the sensationalised reporting of youth crime over recent years which has created a "false narrative" of a youth crime crisis that is not backed up by actual data.
In fact, as the report noted, youth offending rates are dropping: in 2024-25, there was a 5% decrease in the number of offenders aged between 10 and 17 proceeded against by police compared to the previous year.
This misperception has contributed to state governments increasingly implementing 'tough on crime' measures which are resulting in widespread harm to children and communities.
According to the committee's report, what works to keep communities safe is secure housing, mental health and disability support, effective family violence responses, increased school engagement, and more Aboriginal community-controlled programs.
Quotes attributable to Federation of Community Legal Centres Director of Policy and Advocacy Daniel Scoullar:
"This report lays out clear evidence that our criminal justice system is failing children and the broader community.
"The committee's report found no evidence to support claims of a youth crime crisis and identified a significant gap between public perception and the available evidence.
"The findings come as Victoria has continued to expand punitive youth justice measures despite growing evidence that incarceration increases harm and reoffending.
"We can't police, prosecute and imprison our way to a safer community.
"The actions that make communities safer are early social supports, not prison sentences.
"We commend the Senate Legal and Constitutional Affairs References Committee for such a thorough report and call on the Federal and Victorian governments to act on its recommendations immediately."
Quotes attributable to Victorian Aboriginal Legal Service CEO Nerita Waight:
"Whilst I welcome today's release of the Inquiry into Australia's youth justice and incarceration system's long awaited final report, I am frustrated by the lack of depth to the recommendations given the significance of the issue.
"It is positive to see the inclusion of NATSILS calls introduce national minimum standards on youth justice, but do we really need another inquiry or an education campaign for young people, when there is substantial evidence within this final report that should lead to government action now?
"This inquiry has visited every state and territory, hearing evidence about the crisis our children and young people are facing driven by reckless and punitive law and order policies.
"The Prime Minister has an opportunity now to show moral leadership by accepting these recommendations and taking swift action to implement minimum standards.
"Our children deserve better, they deserve hope, they deserve a government that supports and enables a future beyond a cell."
Quotes attributable to Human Rights Law Centre First Nations Justice Director Maggie Munn:
"Children deserve care, not cages.
"This report marks another parliamentary inquiry which has documented the harm inflicted on generations of children and communities, yet governments across Australia continue to funnel kids into prisons, breach children's rights, reject evidence-based reforms and shun oversight with little consequence.
"This is a national crisis that deserves national action.
"This year, the United Nations sounded the alarm about systemic racial discrimination of First Nations children in Australia's criminal legal system, and we joined more than 200 organisations across the country in calling for a national emergency summit on youth justice.
"We welcome the report's focus on the need for national minimum standards to protect children's rights and drive meaningful reform.
"The Albanese Government must now work with states and territories to ensure children's rights are upheld.
"This starts with raising the minimum age of criminal responsibility to at least 14 and urgently investing in self-determined supports, so children can grow up in playgrounds and schools, not be caged in police watch houses and prison cells."
Quotes attributable to Youthlaw CEO Lee Carnie (they/them):
"Today's report confirms what we already know: you cannot punish a child into safety.
"There is now cross-party recognition in the Australian Parliament that we cannot accept patchwork legal protections for children in youth justice systems.
"National minimum standards for youth justice would move Australia closer to ensuring every child gets the care, protection and opportunity they need to learn, grow and thrive.
"The evidence is clear, children's rights shouldn't stop at a state or territory border.
"Every child has the right to dignity, education and protection from cruel and harmful treatment, no matter where they live.
"Youthlaw calls on all governments to work together to deliver national minimum standards which should include raising minimum ages of criminal responsibility and youth detention, access to diversion and education, and banning solitary confinement, strip searches, spithoods and electronic monitoring for children."
