National, unified approach needed to reform youth justice
Oct 2024
Written by Belinda Lorek Masha Mikola Kelly Royds Noel Macnamara
The past year has seen alarming regressions across Australia in youth justice policy, with some governments moving towards more punitive measures and stepping back from evidence-based reforms like raising the minimum age of criminal responsibility. As we’ve previously argued, these decisions are driven by politics, not evidence. In this context, we have just submitted our recommendations to the Senate’s inquiry, calling for urgent reforms to ensure that young people receive the care and support they need to heal, rather than being caught in a cycle of punishment.
At the heart of our submission is a call for a nationally driven, enforceable, and unified approach to youth justice. This includes the introduction of national standards that will provide consistency, accountability, and better outcomes for children and young people across the country. These standards are essential to ensure that youth justice systems are only used as a very last resort, and in the few cases where they may be required, that they are therapeutic, trauma-informed, and focused on rehabilitation rather than retribution.
Why do we need national standards?
National enforceable standards would address the inconsistencies in how youth justice is delivered across Australia. Right now, a young person’s experience in the justice system can vary dramatically depending on where they live.
National standards would:
Promote and protect the rights of children and young people, ensuring they are treated with dignity and respect.
Shift the system’s focus from punishment to rehabilitation and support, improving long-term outcomes.
Establish clear oversight and accountability, reducing the risk of systemic abuse.
Encourage greater use of diversion programs and alternatives to detention, reserving incarceration as a last resort.
Align Australia’s youth justice practices with international best practices, making the system more effective and just.
The need for therapeutic approaches
Our extensive work in youth justice has shown that children and young people in the system often come from backgrounds of significant trauma and adversity. Many have experienced abuse, neglect, or family violence, and without the right support, these experiences continue to impact on their wellbeing and therefore behaviour. Punitive measures fail to address these underlying issues and often re-traumatise young people, reinforcing the cycle of offending.
Through our clinical interventions and capacity-building work, we have seen the profound impact of trauma-informed care. By creating environments of safety, trust, and genuine relationships, therapeutic approaches help young people heal and move towards more positive life choices. National standards would ensure that therapeutic care becomes the foundation of Australia’s youth justice system, providing all children and young people with the support they need to break the cycle of reoffending.
Protecting rights with OPCAT
The Optional Protocol to the Convention Against Torture (OPCAT) was ratified by Australia in 2017 but is yet to be fully implemented across Australia. OPCAT has the capacity to provide independent oversight of custodial settings, ensuring that the rights of young people are protected and that they are not subjected to conditions that cause further harm. Implementing OPCAT alongside national standards would strengthen accountability and ensure that all young people in detention are treated humanely and with dignity.
A unified approach to supporting vulnerable young people
Children and young people in the youth justice system often have complex needs and a history of involvement in the child protection system. However, the lack of coordination between these systems frequently leaves young people without the continuity of care they desperately need.
We argue that national youth justice standards should be aligned with existing out-of-home care standards and other frameworks to provide a more holistic and coordinated approach to supporting vulnerable young people. This would ensure consistent treatment and better outcomes for children who have experienced trauma, preventing them from falling through the cracks and ending up in the justice system in the first place.
Looking ahead
The Senate’s inquiry into youth justice is an opportunity to reset the direction of youth justice policy in Australia. National minimum standards, supported by independent oversight, would create a system focused on rehabilitation, healing, and long-term wellbeing. Our experience working in youth justice and therapeutic care shows that with the right support, young people can break free from the cycle of reoffending and go on to build positive, healthy futures.
It’s time to move away from punitive approaches that fail young people and instead invest in evidence-based, compassionate systems of care. By doing so, we can create a youth justice system that genuinely supports children, their families, and their communities.
For more information, read the full response to the Senate Inquiry into Australia’s Youth Justice and Incarceration System.
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