Youth Justice
The Law Council of Australia is concerned about the state of youth justice across the nation. The resources below set out the Law Council’s views on a range of serious issues, from the over-representation of First Nations young people in our prisons and remand centres, to the lack of proper consideration in policy-making for the role of support services and diversion programs.
Generally, the Law Council observes that children’s human rights need to be better respected and protected in the justice system. In the context of youth justice, the introduction of human rights legislation in all jurisdictions that do not currently have it (including the Commonwealth) would facilitate change in the culture and norms underpinning the youth justice policy. Specifically, it would assist to ensure that the best interests of the child are a primary consideration in driving reform.
The Law Council’s firm view is that the minimum age of criminal responsibility (MACR) should be raised nationally from 10 to 14 years. The current MACR across Australia is incompatible with medical consensus regarding child brain development and with international human rights standards. The Law Council emphasises that communities are not safer or healthier where very young people are kept in detention. Raising the MACR to 14 years would protect young people aged 10–13 from being exposed to the youth justice system by requiring that authorities adopt alternative, more therapeutic approaches, focusing on providing these young people with critical supports, such as counselling, social support and education.
In addition, the Australian Government should continue to provide funds towards justice reinvestment initiatives and family support to keep young people out of the child protection system, as this may assist in breaking the cycle of disadvantage. This should be partnered by state and territory government funding towards justice reinvestment/early intervention approaches, having regard to jurisdictional responsibilities.
As you can read in our submissions and other documents below, the Law Council also strongly supports:
- greater access to culturally appropriate legal assistance services for children and young people, particularly First Nations children and young people;
- early intervention and rehabilitation solutions to address underlying issues and help prevent young people from becoming involved in criminal activities;
- the treatment of young offenders in custody must meet Australia’s international obligations in relation to the rights of children and young persons—including through implementation of the Optional Protocol to the Convention Against Torture;
- diverse sentencing and diversion options, buttressed by integrated social support services, to promote rehabilitation and divert young people from re-offending—mandatory minimum sentences must be avoided; and
- investment in measures to improve access to ‘exit strategies’ should be increased—including wraparound supports, transition services, throughcare and appropriate, safe and affordable accommodation (including bail accommodation)—to prevent youth homelessness and avoid future contact with the criminal justice system.
Australian communities will, generally, be safer and healthier if greater consideration and effort is given to diverting young people from the justice system, or treating them fairly if justice responses are required.
Law Council Resources
- Review of the National Agreement on Closing the Gap, (2023).
- Youth Justice and Child Wellbeing Reform, (2023).
- Implementing the Successor Plan to the National Framework for Protecting Australia’s Children, (2021).
- Supplementary Submission – Raising the Age, (2020).
- Council of Attorneys-General – Age of Criminal Responsibility Working Group Review, (2020).
- Expenditure on Children in the Northern Territory, (2019).
- Alternative Report to the United Nations Committee on the Rights of the Child, (2018).
- Australia’s progress in implementing the United Nations Convention on the Rights of the Child, (2018).
- Review of the prosecution and sentencing of children for Commonwealth terrorist offences, (2018).
- Australia’s Draft Report to the Committee on the Convention on the Rights of the Child, (2017).
- Optional Protocol to the Convention against Torture in the context of Youth Justice Detention Centres, (2016).
- Australian Human Rights Commission Amendment (National Children’s Commissioner) Bill 2012, (2012).
- Third Optional Protocol to Convention on the Rights of the Child, (2012).
- Supplementary Submission – Commonwealth Commissioner for Children and Young People Bill 2010, (2011).
- Commonwealth Commissioner for Children and Young People Bill 2010, (2011).
- Position Paper – Responses to Children under the Minimum Age of Criminal Responsibility, (2022).
- Policy Statement – Minimum Age of Criminal Responsibility, (2019).
- Position Statement – Mandatory Sentencing, (2014).
- Discussion Paper – Mandatory Sentencing, (2014).
- Factsheet – Mandatory Sentencing, (2014).
Last Updated on 22/05/2024