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Jailing is failing: youth prison numbers under scrutiny

Jailing is failing: youth prison numbers under scrutiny

The Advertiser25-06-2025
"Tough on crime" reforms across Australia are proving to be tough on Aboriginal people, according to advocates examining rising incarceration rates.
A two-day Reintegration Puzzle Conference in Mparntwe/Alice Springs is being held as the Northern Territory government unrolls new measures in a $1.5 billion law and order crackdown.
But punitive approaches undermine children's human rights and makes contact with the justice system for vulnerable young people more likely, the NT Children's Commissioner Shahleena Musk says.
In her jurisdiction, 85 per cent of children who had previously spent time in custody were returned to prison within 12 months, Ms Musk said.
"If you're thinking sending a kid to prison will teach them a lesson that will stop them from committing a crime, well, the data shows otherwise," she told AAP.
Ms Musk and fellow children's guardians and commissioners from across Australia are urging federal, state and territory governments to address a "disturbing erosion of hard-won safeguards" as tougher youth crime legislation is introduced across the nation.
"These children don't belong in the justice system, which is punitive, focused on control and largely a product of harmful, custodial conditions like the use of restraint, like separation and isolation practices," Ms Musk said.
In Queensland, children as young as 10 can face adult jail time for a range of offences after the state government passed its second tranche of controversial youth crime laws.
The NT government recently passed tougher bail laws, leading to a surge in the territory's prison population.
The territory also plans to retrain dozens of public housing and transit officers as police public safety officers armed with guns, a move slammed by Indigenous and legal advocacy groups.
Tougher bail laws have also been introduced in Victoria and NSW, despite warnings from Aboriginal legal services more Indigenous young people would be imprisoned.
The NT's incarceration rate is reportedly the second-highest in the world, only behind El Salvador, Justice Reform Initiative chair Robert Tickner says.
"Almost unbelievably, governments in other parts of the country appear to be racing to catch up," he said in a statement.
Tyson Carmody, the founder and director of Kings Narrative, a support service for Aboriginal men, said punitive policies were not a solution.
"With the high rates of incarceration of Aboriginal adults and young people, the 'tough on crime' approach feels too much like a 'tough on Aboriginal people' approach," he said.
Catherine Liddle, chief executive for SNAICC, the peak body for Indigenous children, said criminalising young people does not address crime rates or create safer communities.
"The evidence is very clear that the younger a child is when they are locked up, the more likely it is that they will have ongoing criminal justice system involvement," she said.
Ms Liddle said investment in early intervention, prevention and diversion programs was proven to interrupt the cycle of crime and imprisonment.
"Tough on crime" reforms across Australia are proving to be tough on Aboriginal people, according to advocates examining rising incarceration rates.
A two-day Reintegration Puzzle Conference in Mparntwe/Alice Springs is being held as the Northern Territory government unrolls new measures in a $1.5 billion law and order crackdown.
But punitive approaches undermine children's human rights and makes contact with the justice system for vulnerable young people more likely, the NT Children's Commissioner Shahleena Musk says.
In her jurisdiction, 85 per cent of children who had previously spent time in custody were returned to prison within 12 months, Ms Musk said.
"If you're thinking sending a kid to prison will teach them a lesson that will stop them from committing a crime, well, the data shows otherwise," she told AAP.
Ms Musk and fellow children's guardians and commissioners from across Australia are urging federal, state and territory governments to address a "disturbing erosion of hard-won safeguards" as tougher youth crime legislation is introduced across the nation.
"These children don't belong in the justice system, which is punitive, focused on control and largely a product of harmful, custodial conditions like the use of restraint, like separation and isolation practices," Ms Musk said.
In Queensland, children as young as 10 can face adult jail time for a range of offences after the state government passed its second tranche of controversial youth crime laws.
The NT government recently passed tougher bail laws, leading to a surge in the territory's prison population.
The territory also plans to retrain dozens of public housing and transit officers as police public safety officers armed with guns, a move slammed by Indigenous and legal advocacy groups.
Tougher bail laws have also been introduced in Victoria and NSW, despite warnings from Aboriginal legal services more Indigenous young people would be imprisoned.
The NT's incarceration rate is reportedly the second-highest in the world, only behind El Salvador, Justice Reform Initiative chair Robert Tickner says.
"Almost unbelievably, governments in other parts of the country appear to be racing to catch up," he said in a statement.
Tyson Carmody, the founder and director of Kings Narrative, a support service for Aboriginal men, said punitive policies were not a solution.
"With the high rates of incarceration of Aboriginal adults and young people, the 'tough on crime' approach feels too much like a 'tough on Aboriginal people' approach," he said.
Catherine Liddle, chief executive for SNAICC, the peak body for Indigenous children, said criminalising young people does not address crime rates or create safer communities.
"The evidence is very clear that the younger a child is when they are locked up, the more likely it is that they will have ongoing criminal justice system involvement," she said.
Ms Liddle said investment in early intervention, prevention and diversion programs was proven to interrupt the cycle of crime and imprisonment.
"Tough on crime" reforms across Australia are proving to be tough on Aboriginal people, according to advocates examining rising incarceration rates.
A two-day Reintegration Puzzle Conference in Mparntwe/Alice Springs is being held as the Northern Territory government unrolls new measures in a $1.5 billion law and order crackdown.
But punitive approaches undermine children's human rights and makes contact with the justice system for vulnerable young people more likely, the NT Children's Commissioner Shahleena Musk says.
In her jurisdiction, 85 per cent of children who had previously spent time in custody were returned to prison within 12 months, Ms Musk said.
"If you're thinking sending a kid to prison will teach them a lesson that will stop them from committing a crime, well, the data shows otherwise," she told AAP.
Ms Musk and fellow children's guardians and commissioners from across Australia are urging federal, state and territory governments to address a "disturbing erosion of hard-won safeguards" as tougher youth crime legislation is introduced across the nation.
"These children don't belong in the justice system, which is punitive, focused on control and largely a product of harmful, custodial conditions like the use of restraint, like separation and isolation practices," Ms Musk said.
In Queensland, children as young as 10 can face adult jail time for a range of offences after the state government passed its second tranche of controversial youth crime laws.
The NT government recently passed tougher bail laws, leading to a surge in the territory's prison population.
The territory also plans to retrain dozens of public housing and transit officers as police public safety officers armed with guns, a move slammed by Indigenous and legal advocacy groups.
Tougher bail laws have also been introduced in Victoria and NSW, despite warnings from Aboriginal legal services more Indigenous young people would be imprisoned.
The NT's incarceration rate is reportedly the second-highest in the world, only behind El Salvador, Justice Reform Initiative chair Robert Tickner says.
"Almost unbelievably, governments in other parts of the country appear to be racing to catch up," he said in a statement.
Tyson Carmody, the founder and director of Kings Narrative, a support service for Aboriginal men, said punitive policies were not a solution.
"With the high rates of incarceration of Aboriginal adults and young people, the 'tough on crime' approach feels too much like a 'tough on Aboriginal people' approach," he said.
Catherine Liddle, chief executive for SNAICC, the peak body for Indigenous children, said criminalising young people does not address crime rates or create safer communities.
"The evidence is very clear that the younger a child is when they are locked up, the more likely it is that they will have ongoing criminal justice system involvement," she said.
Ms Liddle said investment in early intervention, prevention and diversion programs was proven to interrupt the cycle of crime and imprisonment.
"Tough on crime" reforms across Australia are proving to be tough on Aboriginal people, according to advocates examining rising incarceration rates.
A two-day Reintegration Puzzle Conference in Mparntwe/Alice Springs is being held as the Northern Territory government unrolls new measures in a $1.5 billion law and order crackdown.
But punitive approaches undermine children's human rights and makes contact with the justice system for vulnerable young people more likely, the NT Children's Commissioner Shahleena Musk says.
In her jurisdiction, 85 per cent of children who had previously spent time in custody were returned to prison within 12 months, Ms Musk said.
"If you're thinking sending a kid to prison will teach them a lesson that will stop them from committing a crime, well, the data shows otherwise," she told AAP.
Ms Musk and fellow children's guardians and commissioners from across Australia are urging federal, state and territory governments to address a "disturbing erosion of hard-won safeguards" as tougher youth crime legislation is introduced across the nation.
"These children don't belong in the justice system, which is punitive, focused on control and largely a product of harmful, custodial conditions like the use of restraint, like separation and isolation practices," Ms Musk said.
In Queensland, children as young as 10 can face adult jail time for a range of offences after the state government passed its second tranche of controversial youth crime laws.
The NT government recently passed tougher bail laws, leading to a surge in the territory's prison population.
The territory also plans to retrain dozens of public housing and transit officers as police public safety officers armed with guns, a move slammed by Indigenous and legal advocacy groups.
Tougher bail laws have also been introduced in Victoria and NSW, despite warnings from Aboriginal legal services more Indigenous young people would be imprisoned.
The NT's incarceration rate is reportedly the second-highest in the world, only behind El Salvador, Justice Reform Initiative chair Robert Tickner says.
"Almost unbelievably, governments in other parts of the country appear to be racing to catch up," he said in a statement.
Tyson Carmody, the founder and director of Kings Narrative, a support service for Aboriginal men, said punitive policies were not a solution.
"With the high rates of incarceration of Aboriginal adults and young people, the 'tough on crime' approach feels too much like a 'tough on Aboriginal people' approach," he said.
Catherine Liddle, chief executive for SNAICC, the peak body for Indigenous children, said criminalising young people does not address crime rates or create safer communities.
"The evidence is very clear that the younger a child is when they are locked up, the more likely it is that they will have ongoing criminal justice system involvement," she said.
Ms Liddle said investment in early intervention, prevention and diversion programs was proven to interrupt the cycle of crime and imprisonment.
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Australia due for 'massive reckoning' with its history
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Australia due for 'massive reckoning' with its history

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He announced an economic partnership with Indigenous organisations, which he said would allow Traditional Owners to advocate for infrastructure, housing and energy projects on their land, with millions promised for First Nations clean energy projects and for native title reform. During his speech Mr Albanese also acknowledged the work of Victoria's truth-telling process, the Yoorrook Justice Commission, which Mr De Kretser said was good to see, and could "open the door a little" to truth-telling on a national level. 13YARN 13 92 76 Lifeline 13 11 14 Australia needs a "massive reckoning" with the injustices of its own colonial past, human rights advocates say. Speaking at the Garma Festival at Gulkula in northeast Arnhem Land, Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said people must be mindful about political leaders favouring "practical measures" over truth-telling. "What people don't understand is that it's the practical measures that got us to the situation that we're currently in," she said. "We've got to be really mindful about that fact when we hear this narrative about truth-telling is symbolism." The importance of truth-telling was also highlighted by Human Rights Commission president Hugh De Kretser. "In mainstream Australia there is a need for a massive reckoning around the injustice," he said. "That's why truth-telling is so important." Ms Kiss pointed to youth justice legislation in the Northern Territory and Queensland, saying those jurisdictions have been wilfully opposing their human rights obligations. "If we do not exercise our rights, they are not held accountable to them," she said. "If we do not challenge governments on the fact they have obligations to our rights, they will continue to violate them." Her comments come after Warlpiri Elder Ned Jampijinpa Hargraves called out the Northern Territory government and the NT Police at the Garma Festival. Mr Hargraves said his community of Yuendumu had lost trust in the police after the deaths of his grandson Kumanjayi White in May, and Kumanjayi Walker in 2019. Kumanjayi Walker was 19 when he was shot by then-constable Zachary Rolfe at close range at a home in Yuendumu. A coronial inquest found Mr Walker's death was preventable, and coroner Elisabeth Armitage said she could not rule out that racism may have played a part in the teenager's death. The Northern Territory government is yet to commit to any of the coroner's recommendations, handed down in Yuendumu in July. In May, the community was left reeling after the death of Kumanjayi White at a supermarket in Alice Springs. The 24-year-old, who had a disability, died after being forcibly restrained by two plain-clothes officers. "Kumanjayi Walker was murdered in broad daylight," Mr Hargraves said. "In the same way my jaja, my grandson, was done, he was killed by the law. "The police has done enough. Enough is enough. We have to put a stop to it somewhere." Reading from a letter he penned to the prime minister, Mr Hargraves said Anthony Albanese had the power to turn around the outcomes for his community. "This genocide must stop," he said. "We are asking you, the prime minister, to do something about it." Mr Albanese visited Garma for a few hours on Saturday, making a speech and meeting with senior Yolngu leaders. He announced an economic partnership with Indigenous organisations, which he said would allow Traditional Owners to advocate for infrastructure, housing and energy projects on their land, with millions promised for First Nations clean energy projects and for native title reform. During his speech Mr Albanese also acknowledged the work of Victoria's truth-telling process, the Yoorrook Justice Commission, which Mr De Kretser said was good to see, and could "open the door a little" to truth-telling on a national level. 13YARN 13 92 76 Lifeline 13 11 14 Australia needs a "massive reckoning" with the injustices of its own colonial past, human rights advocates say. Speaking at the Garma Festival at Gulkula in northeast Arnhem Land, Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said people must be mindful about political leaders favouring "practical measures" over truth-telling. "What people don't understand is that it's the practical measures that got us to the situation that we're currently in," she said. "We've got to be really mindful about that fact when we hear this narrative about truth-telling is symbolism." The importance of truth-telling was also highlighted by Human Rights Commission president Hugh De Kretser. "In mainstream Australia there is a need for a massive reckoning around the injustice," he said. "That's why truth-telling is so important." Ms Kiss pointed to youth justice legislation in the Northern Territory and Queensland, saying those jurisdictions have been wilfully opposing their human rights obligations. "If we do not exercise our rights, they are not held accountable to them," she said. "If we do not challenge governments on the fact they have obligations to our rights, they will continue to violate them." Her comments come after Warlpiri Elder Ned Jampijinpa Hargraves called out the Northern Territory government and the NT Police at the Garma Festival. Mr Hargraves said his community of Yuendumu had lost trust in the police after the deaths of his grandson Kumanjayi White in May, and Kumanjayi Walker in 2019. Kumanjayi Walker was 19 when he was shot by then-constable Zachary Rolfe at close range at a home in Yuendumu. A coronial inquest found Mr Walker's death was preventable, and coroner Elisabeth Armitage said she could not rule out that racism may have played a part in the teenager's death. The Northern Territory government is yet to commit to any of the coroner's recommendations, handed down in Yuendumu in July. In May, the community was left reeling after the death of Kumanjayi White at a supermarket in Alice Springs. The 24-year-old, who had a disability, died after being forcibly restrained by two plain-clothes officers. "Kumanjayi Walker was murdered in broad daylight," Mr Hargraves said. "In the same way my jaja, my grandson, was done, he was killed by the law. "The police has done enough. Enough is enough. We have to put a stop to it somewhere." Reading from a letter he penned to the prime minister, Mr Hargraves said Anthony Albanese had the power to turn around the outcomes for his community. "This genocide must stop," he said. "We are asking you, the prime minister, to do something about it." Mr Albanese visited Garma for a few hours on Saturday, making a speech and meeting with senior Yolngu leaders. He announced an economic partnership with Indigenous organisations, which he said would allow Traditional Owners to advocate for infrastructure, housing and energy projects on their land, with millions promised for First Nations clean energy projects and for native title reform. During his speech Mr Albanese also acknowledged the work of Victoria's truth-telling process, the Yoorrook Justice Commission, which Mr De Kretser said was good to see, and could "open the door a little" to truth-telling on a national level. 13YARN 13 92 76 Lifeline 13 11 14 Australia needs a "massive reckoning" with the injustices of its own colonial past, human rights advocates say. Speaking at the Garma Festival at Gulkula in northeast Arnhem Land, Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss said people must be mindful about political leaders favouring "practical measures" over truth-telling. "What people don't understand is that it's the practical measures that got us to the situation that we're currently in," she said. "We've got to be really mindful about that fact when we hear this narrative about truth-telling is symbolism." The importance of truth-telling was also highlighted by Human Rights Commission president Hugh De Kretser. "In mainstream Australia there is a need for a massive reckoning around the injustice," he said. "That's why truth-telling is so important." Ms Kiss pointed to youth justice legislation in the Northern Territory and Queensland, saying those jurisdictions have been wilfully opposing their human rights obligations. "If we do not exercise our rights, they are not held accountable to them," she said. "If we do not challenge governments on the fact they have obligations to our rights, they will continue to violate them." Her comments come after Warlpiri Elder Ned Jampijinpa Hargraves called out the Northern Territory government and the NT Police at the Garma Festival. Mr Hargraves said his community of Yuendumu had lost trust in the police after the deaths of his grandson Kumanjayi White in May, and Kumanjayi Walker in 2019. Kumanjayi Walker was 19 when he was shot by then-constable Zachary Rolfe at close range at a home in Yuendumu. A coronial inquest found Mr Walker's death was preventable, and coroner Elisabeth Armitage said she could not rule out that racism may have played a part in the teenager's death. The Northern Territory government is yet to commit to any of the coroner's recommendations, handed down in Yuendumu in July. In May, the community was left reeling after the death of Kumanjayi White at a supermarket in Alice Springs. The 24-year-old, who had a disability, died after being forcibly restrained by two plain-clothes officers. "Kumanjayi Walker was murdered in broad daylight," Mr Hargraves said. "In the same way my jaja, my grandson, was done, he was killed by the law. "The police has done enough. Enough is enough. We have to put a stop to it somewhere." Reading from a letter he penned to the prime minister, Mr Hargraves said Anthony Albanese had the power to turn around the outcomes for his community. "This genocide must stop," he said. "We are asking you, the prime minister, to do something about it." Mr Albanese visited Garma for a few hours on Saturday, making a speech and meeting with senior Yolngu leaders. He announced an economic partnership with Indigenous organisations, which he said would allow Traditional Owners to advocate for infrastructure, housing and energy projects on their land, with millions promised for First Nations clean energy projects and for native title reform. During his speech Mr Albanese also acknowledged the work of Victoria's truth-telling process, the Yoorrook Justice Commission, which Mr De Kretser said was good to see, and could "open the door a little" to truth-telling on a national level. 13YARN 13 92 76 Lifeline 13 11 14

'A threat no one else sees': The daily, invisible burden of racism for First Nations Australians
'A threat no one else sees': The daily, invisible burden of racism for First Nations Australians

SBS Australia

time4 hours ago

  • SBS Australia

'A threat no one else sees': The daily, invisible burden of racism for First Nations Australians

Reconciliation Australia published a report in June charting a 15 percent increase in Indigenous people's experiences of racism over the past decade. It concluded that racism is an everyday reality for First Nations people. Kelleigh Ryan, a psychologist and descendant of the Kabi Kabi people and Australian South Sea Islanders, said the failed Voice Referendum brought up a lot of challenges for First Nations people. LISTEN TO Rumours, Racism and the Referendum "It was a great loss. And so it became this invisible blanket of aggression that people had a lot of difficulty with and those who didn't have time and space to grieve were still having to work through that grief," she said. Reconciliation Australia's research found young people and multicultural communities were the most likely to participate in truth-telling activities and celebrations of First Nations culture. Celebrating, reflecting, mourning: Indigenous and migrant perspectives on January 26 Jordan Young, a Darambal man, runs workshops that teach Indigenous culture to schools and businesses. He told SBS Examines it's helped break down negative stereotypes. You're not born with racism, it's a learned trait. "So being able to give these kids another viewpoint, another perspective on Aboriginal culture, is very, very important." This episode of Understanding Hate looks at the rising racism towards Indigenous Australians, and how we can combat the harms.

New national commissioner appointed amid worsening outcomes for Indigenous children
New national commissioner appointed amid worsening outcomes for Indigenous children

ABC News

time6 hours ago

  • ABC News

New national commissioner appointed amid worsening outcomes for Indigenous children

The government has appointed a new National Commissioner for Aboriginal and Torres Strait Islander Children and Young People, as national targets to reduce child removal and youth detention continue to slide backwards. Adjunct Professor Sue-Anne Hunter, a Wurundjeri and Ngurai Illum Wurrung woman, will start in the role later this year. She replaces Lil Gordon, who has served in an acting capacity since January. The appointment follows recent data from the Productivity Commission that shows Aboriginal and Torres Strait Islander children remain more than ten times more likely to be in out-of-home care and 27 times more likely to be in youth detention than non-Indigenous children. Target 12 of the national Closing the Gap agreement, which aims to reduce over-representation in out-of-home care, is also not on track and is worsening. Nationally, just four out of the 19 targets are on track to be met by the deadline of 2031. Ms Hunter brings more than two decades of experience in child and family services, including frontline work and senior roles at the Victorian Aboriginal Child Care Agency and SNAICC — National Voice for Our Children. She also served as deputy chair of the Yoorrook Justice Commission. After a career working in criminal justice and with young people, she described the new role as a lifetime's work, rather than a job. "I am honoured to accept this appointment as Australia's Inaugural Aboriginal and Torres Strait Islander Children and Young People's Commissioner with the responsibility to ensure our systems are working to protect the wellbeing, rights and interests of children and young people," she said. "I recognise that we are at risk of losing another generation to systems that fail them, to removal, out-of-home care detention and a bleak future." The new role will involve the commissioner hearing directly from Indigenous young people and advocating for their rights. She said those children face a lot of risks. "The work is urgent and the statistics are grim. But our children are not statistics, they are our future," she said. "This role will elevate their voices and their concerns. They will be at the centre of everything I do." Social Services Minister Tanya Plibersek said the appointment reflects the government's recognition that more needs to be done in ensuring Indigenous children have the same opportunities as every other child. "We created this commissioner role to ensure the voices of Aboriginal and Torres Strait Islanders are not just heard, but are amplified," she said. Indigenous Australians Minister Malarndirri McCarthy said she looked forward to working with the incoming commissioner. "The number of First Nations children in out-of-home care and youth detention is deeply distressing and will take a collective effort to turn the figures around," Senator McCarthy said. The commissioner role helps support the implementation of Safe and Supported, the national framework for protecting children, which has been developed in partnership with states, territories and Aboriginal and Torres Strait Islander leaders.

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