Law Council welcomes SCAG’s commitment to addressing national issues
15 August 2025
The Law Council of Australia was pleased to see Ministers from every jurisdiction come together at today’s Standing Council of Attorneys-General (SCAG) to tackle matters of national importance.
“It was very positive that every state and territory was represented as it demonstrates a willingness to work cooperatively to pursue vital reforms that will make our community safer and address existing, unacceptable inequalities within our justice system,” Law Council of Australia President, Juliana Warner said.
“This includes agreement to work towards greater consistency and mutual recognition of Working With Children Checks (WWCC) and establishing a nationally focussed continuous checking system to detect new criminal history information relevant to WWCC holders.
“The need for uniformity of standards and enhanced information sharing was a key focus of recommendations arising from the Royal Commission into Institutional Responses to Child Sexual Abuse, and we continue to support moves towards implementation of these goals.
“The Law Council commends SCAG for its focus on Closing the Gap Justice Targets. We welcome the strong, joint federal leadership demonstrated by Senator the Hon Malarndirri McCarthy, Minister for Indigenous Australians, joining the federal Attorney-General to emphasise the importance of reducing unacceptably high incarceration rates of First Nations Australians. We agree that this underpins reducing deaths in custody.
“However, the Law Council is alarmed by the latest Closing the Gap figures, which show that efforts to address overrepresentation in adult Indigenous incarceration are going backwards.
“We are also failing to reduce the overrepresentation of Indigenous young people in the justice system. Just earlier this week, the NSW Bureau of Crime Statistics and Research revealed that the number of First Nations children and young people in NSW detention has risen by 36 per cent over the past two years—they now comprise an extremely high 60 per cent of the entire NSW youth detention population. This is only one part of a dire national picture.
“Urgent, national, coordinated action is required to mitigate the risks associated with such unacceptably high rates of detention. Every jurisdiction now needs to follow with tangible actions to Close the Gap – just discussing these matters at SCAG is not enough.
“The Law Council is also encouraged to learn that SCAG heard from its Bail and Remand Reform Working Group. A greater focus on the effects of laws which limit the availability of bail is sorely needed, given the ever-increasing proportion of people in custody who haven’t been convicted of an offence and the detrimental effects detention can have on young people in particular. The presumption of innocence is the keystone of our justice system, and this is too often overlooked in developing policies on bail and remand. The safety of both communities and children is also paramount.
“The Law Council is appalled by the rise in antisemitism and broader forms of hate crimes and we welcome the development of a national hate crimes register. If implemented correctly, a national database can facilitate evidence-based assessments of the effectiveness of the criminal justice system in responding to hate-motivated behaviour, including criminal conduct driven by antisemitism and Islamophobia across Australia, as well as identifying trends over time. We look forward to the opportunity to consult with Government where the expertise of the legal profession might be used to improve social cohesion and civil and criminal law responses.”
The Law Council supports in-principle the proposed expansion of the National Strategic Framework for Information Sharing between the Family Law and Family Violence and Child Protection Systems (National Framework), which will enhance information sharing arrangements to address family violence in family law property matters.
The National Framework continues to play an important role in promoting a consistent process for information sharing between the family law courts and state and territory agencies, with the aim of promoting the safety and wellbeing of families and children in family law proceedings.
“We also support the referral of the Australian Law Reform Commission’s (ALRC) report Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence to the Family, Domestic and Sexual Violence Working Group,” Ms Warner said.
“The ALRC report contains a number of important recommendations, especially those which go to a well-resourced legal assistance sector that can provide support to complainants and victim-survivors of sexual violence at critical stages of the legal process and an expansion of restorative justice options to supplement to the criminal justice system.
“In its submission to the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability, the Law Council called for greater priority to be accorded to law reform in regard to people with cognitive impairment or poor mental health in accordance with Australia’s obligations under the Convention on the Rights of Persons with Disabilities.
“Therefore, we were gratified SCAG agreed to establish a cross-jurisdictional working group on the National Statement of Principles relating to Persons Unfit to Plead or Not Guilty by Reason of Cognitive or Mental Health Impairment.
“Finally, we welcome the SCAG’s efforts to respond to the abuse of older persons, and to enhance civil protections and remedies for individuals in or at risk of forced marriage.”
Contact: Kristen Connell, P. 0400 054 227, E. kristen.connell@lawcouncil.au
Last Updated on 15/08/2025