Across Australia, we are seeing a troubling erosion of children’s rights, with punitive and dehumanising laws targeting some of the most marginalised young people in our society.
First Nations Children’s Commissioners, Guardians and Advocates (pictured below) united in Alice Springs last week, calling on governments to stop failing Aboriginal children and young people with their approaches to youth justice.
In South Australia specifically, the state government released a Young Offender Plan that outlined its intention to toughen sentencing and bail requirements.
It’s also dropped any plan to raise the age of criminal responsibility to 14-years-old that was recommended by medical and legal experts
In multiple submissions and letters to the government, I’ve highlighted my concern that cracking down on disadvantaged children, rather than offering them early intervention and diversion programs, will be ineffective.
Most recently, the Attorney-General released a Street Gangs proposal that could lead to disproportionate criminalisation of already marginalised communities.
As the Guardian for Children and Young People, it is my statutory responsibility to advocate for the safety, development, and wellbeing of children and young people in the care and youth justice systems.
That includes scrutinising the impacts of new or proposed legislation — especially where it intersects with the rights of those already subject to significant government intervention in their lives.
When oversight bodies raise concerns during law reform processes, it is not opposition for opposition’s sake or to obstruct positive reform.
It is to remind lawmakers of what might be lost in the push for political speed: the long-term consequences of poorly designed law on real people — children — who will bear those consequences.
Yet, too often, the advice of independent oversight bodies is ignored, as has happened in Queensland, Victoria and New South Wales where dangerous steps backward have been taken in response to youth crime.
When law reform moves ahead without fully assessing whether measures meet human rights obligations, it can reinforce — rather than remedy — systemic disadvantage.
In a few years, we risk seeing worse youth crime rates and disadvantage because of the decisions made today.
A government that values integrity and accountability uses independent advice to pressure-test ideas, challenge assumptions, and mitigate harm before laws are passed.
In areas like youth justice as well as child protection this becomes integral because the people affected may have no ability to speak for themselves in legislative debate — and where systems of coercive power (removal, detention, control) are already at play.
Good reform does not just move fast. It moves justly.
As I prepare to submit feedback on the Street Gang laws and further feedback opportunities arise on the Young Offender Plan, I hope our leaders actively listening the communities’ concerns, instead of using consultation as a tick-box exercise.
