Law Council of Australia

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Policy Statement on Child Justice Reform

12 May 2025

The Law Council endorses an approach to child justice in Australia based on relevant international human rights obligations and best practice.

It is important to acknowledge that children can and do engage in behaviour that can have significant and harmful effects on their victims—and that our society needs to develop effective policy responses to such behaviour and support victims. However, the Law Council also recognises that children are not adults and that approaches to criminal justice designed for adults are inappropriate to address alleged breaches of the law by children.

Under the United Nations Convention on the Rights of the Child (CRC), which Australia ratified on 17 December 1990, each child within Australia’s jurisdiction or under its effective control, without discrimination of any kind, should be afforded special protection and care as necessary for their wellbeing. Legislative, administrative and related measures taken by Australian governments that affect children (directly or indirectly) must keep these principles in mind, and must be developed with the best interests of the child as a primary consideration.

The Law Council has adopted this Policy Statement on Child Justice Reform to provide a framework for its ongoing work in relation to justice for children in Australia, and in evaluating the merits of legislation, policy and practice by reference to international human rights law.

Last Updated on 12/05/2025

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