New laws would only serve to trap Queensland children in the criminal legal system
New laws proposed by the Queensland Government will entrench children from marginalised backgrounds in the quick sand of the youth legal system.
The Youth Justice and Other Legislation Amendment Bill 2021 proposes laws that reverse the presumption of bail for children who reoffend in certain circumstances; calls for children aged 16 and 17 years old to be shackled with electronic tracking devices; and makes breach of bail an aggravating factor in the sentencing of children.
The Aboriginal and Torres Strait Islander Legal Service, the Human Rights Law Centre, Change the Record and the Caxton Legal Centre are calling for the Queensland Parliament to reject the proposed laws and instead substantially increase investment in services that support marginalised young people and their families.
In Queensland, there are already significant concerns about the number of children being detained in police watch houses for extended periods of time. The proposed laws also call into question the Queensland Government’s compliance with its own Human Rights Act 2019 and will hit the most marginalised members of the Queensland community – children, particularly Aboriginal and Torres Strait Islander children – the hardest.
Shane Duffy, Chief Executive Officer, Aboriginal and Torres Strait Islander Legal Service (Qld) said:
“Rather than focusing on the pointy end through rushed reactive legislation, government must invest in services that address the root cause or reasons why our young people are coming into contact with the criminal justice system. Irrespective of where they live.
“Our children should not be locked up due to issues that are created by poor social and economic conditions that are the main drivers of disadvantage. Many of these young people are also subject to child protection orders, however instead of the state addressing the child protection needs of these marginalised young people they choose to take a criminal justice response which doesn’t address their emotional or psychological needs.”
Meena Singh, Legal Director at Human Rights Law Centre, said:
“The proposed laws are a knee-jerk response to tragic events in the Queensland community, but are not the right path to take. Rather than responding with evidence-based solutions and understanding why children are offending and reoffending, the proposed laws will only serve to further isolate children. These laws would take children out of the community and entrench them in the criminal legal system. A system that only harms and never rehabilitates children.
“We call on the Queensland Government to reconsider these reforms and take a more therapeutic and long-term approach to working with children who offend, and their families. This is the Government which previously committed to moving kids out of police watch houses and is now back flipping by proposing laws that will only serve to turbo-charge the rate at which children are funnelled into those cruel and degrading places.”
Cheryl Axleby, Co-Chair, Change the Record, said:
“The amendments to the Queensland Youth Justice Act are political, punitive and ultimately will fail to keep the community safe and will drive more of our kids into police and prison cells.
"Instead of boasting about expanding and building new prisons, slapping GPS devices on kids' ankles and making it harder for children to get bail; the Queensland Government should be looking at the wealth of evidence it already has about what will keep the community - and children - safe. The Royal Commission into Aboriginal Deaths in Custody handed down its recommendations 30 years ago, and the Queensland Government is yet to implement them all.
“We know that the earlier a child has contact with the criminal justice system, the more likely they are to reoffend. That's why it's in the child's and the community's interest for the Queensland Government to be investing in therapeutic and culturally safe pathways to divert young people away from the criminal justice system, and invest in programs that support families, engage kids with school and work, and keep young people connected to culture and country.”
Media enquiries:
Michelle Bennett
Human Rights Law Centre:
0419 100 519
