Australia’s youth justice crisis needs national leadership. The Senate inquiry is helpful but isn’t enough
The federal Senate inquiry into Australia’s youth justice and incarceration system should have mandated a minimum age of criminal responsibility.
A recent federal Senate inquiry into Australia's youth justice and incarceration system has identified the need for a shift away from punitive measures. The inquiry, which took nearly two years to complete following the 2025 federal election, examined the impacts of youth incarceration, the over-incarceration of First Nations children, compliance with children's human rights, and the case for enforceable national minimum standards.
The committee received 350 submissions and heard from a wide range of experts, including legal, health, education, and youth justice professionals, as well as First Nations organisations, commissioners, researchers, advocates, and young people who have personal experience with the youth justice system.
The findings reveal a concerning picture of Australian youth justice systems, with the current approach being expensive, ineffective at addressing underlying causes of offending, and associated with high rates of re-offending. Children involved in these systems often face significant disadvantage, trauma, and unmet needs. Of particular concern is the over-incarceration of First Nations children, with the inquiry finding that they are 24 times more likely to be detained than non-Indigenous children, with almost four in five First Nations children in detention having yet to be sentenced.
Youth justice systems are primarily administered by states and territories, leading to significant differences in laws, protections, and treatment based on geographic location. The inquiry emphasizes the importance of national leadership and coordination, recommending the federal attorney-general work with states and territories to introduce national minimum standards for youth justice and establish a taskforce comprising justice, policing, education, health, disability, social, and legal services, as well as employment.
The inquiry also calls for a national evidence-based public education campaign and a further Senate inquiry into factors contributing to youth incarceration.
While these recommendations are important, they do not go far enough in terms of reform. The inquiry acknowledges the lack of an ambitious reform agenda, including the failure to mandate a federal minimum age of criminal responsibility (14 years) in Australia. As the report points out, detention is extraordinarily expensive, with the average cost of detaining one young person being $3,625 per day, compared to $424 for community-based supervision.
The inquiry suggests that diverting young people away from detention and focusing on prevention, early intervention, diversion, rehabilitation, and justice reinvestment are more cost-effective and more likely to increase community safety.
Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
