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Law Council of Australia

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Youth Justice and Child Wellbeing Reform

The Law Council of Australia provided a submission to the National Children’s Commissioner (the Commissioner) in response to her investigation into the opportunities for reform of youth justice and related systems across Australia.

The Law Council frames its submission against two overarching points:

In this submission, the Law Council makes the following recommendations consistent with those two overarching points:


1 Note, for the purpose of this submission, the term ‘young person’ is used to refer to all young persons under the age of 18 years. This reflects the definition of ‘children and young people’ under the Commonwealth Commissioner for Children and Young People Act 2010 (Cth). The United Nations Convention on the Rights of the Child also refers to a child as ‘every human being below the age of eighteen years unless under the law applicable to the child, majority is attained earlier’, see: Convention on the Rights of the Child, opened for signature 20 November 1989, GA res 44/25, UNTS 1577 3 (entered into force 2 September 1990) (CROC) art
2 CROC; see also, United Nations Committee on the Rights of the Child, General Comment No 24 on young people’s rights in the child justice system, UN Doc CRC/C/GC/24 (18 September 2019).
3 See, CROC, article 3.

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