Submission to the Senate Inquiry into Australia’s Youth Justice and Incarceration System

The over-representation of Aboriginal and Torres Strait Islander children in incarceration, and the subsequent breaches of those children’s rights in Australian child justice systems, represents one of the gravest human rights crises in this country. SNAICC welcomes the Senate Inquiry into Australia’s child justice and incarceration system (the Inquiry) and urges the Australian Government to take immediate action to address these issues.

This Inquiry presents an opportunity to reform Australia’s failing child justice systems, commit to self-determination for Aboriginal and Torres Strait Islander communities and community-controlled organisations, and address the drivers of overincarceration of Aboriginal and Torres Strait Islander children and young people.

All governments have a duty to protect children’s rights, the violations against which have been continually brought to light in countless inquiries, reports and exposés. The Australian Government holds international obligations in regard to child justice, freedom from torture and inhumane treatment in detention, and civil rights. The responsibility for child justice and incarceration belong to all governments and can no longer be dismissed as a state and territory issue.

The evidence is unmistakable; Australia is not making its communities safer by criminalising, policing and locking up children. Arresting and imprisoning children does not result in safer communities. In fact, by contrast, the evidence indicates that the younger you lock a child up, the more likely they are to reoffend. The solutions to improve community safety and reduce the over-representation of Aboriginal and Torres Strait Islander children are located outside of the justice system. These challenges are best addressed through evidence-based, practical and accountable avenues for reform and redress led by Aboriginal and Torres Strait Islander community controlled organisations (ACCOs).

SNAICC’s submission outlines the failures of Australia’s child justice systems and urges immediate action to improve community safety through addressing:

• over-incarceration of Aboriginal and Torres Strait Islander children and young people,
• over-representation of Aboriginal and Torres Strait Islander children and young people in child protection,
• insufficient investment in early supports/intervention, prevention, and diversion services,
• inadequate rehabilitative and therapeutic options before, during or after incarceration,
• systematic racism and racial discrimination in policing, court and other systems which far too often see detention as a first resort, and
• unacceptable conditions of child justice systems and

Reform must uphold the rights of Aboriginal and Torres Strait Islander children and young people as set out in international human rights instruments and must be underpinned by self-determination. Further, all reform efforts must be aligned to the National Agreement on Closing the Gap (National Agreement), be designed and implemented through shared decision-making, and be accompanied by investment in all relevant ACCO sectors.