New youth justice laws ‘incompatible’ with human rights law but govt will push ahead

The state government has conceded its new youth crime measures are a breach of human rights but will push through with the laws anyway.

• Analysis: No evidence to support backflip

The state government has conceded its new youth crime measures are a breach of human rights but will push through with the laws anyway by overriding protections.

The Queensland’s Human Rights Commissioner labelled the move “deeply concerning” and warned the measures wouldn’t meet the goal of protecting the community from the small number of recidivist young offenders.

Police Minister Mark Ryan introduced the government’s latest suite of youth justice laws on Monday, and confirmed a number of measures including making breach of bail an offence is “incompatible” with the state’s human rights act.

“Therefore, in this exceptional case, the (Human Rights Act) is being overridden and its application entirely excluded from the operation of these new provisions to protect community safety,” he said.

Mr Ryan argued there was “some evidence” the size of Queensland’s cohort of hardcore recidivist youth offenders and the rate of their offending had grown in the last 12 months, presenting an “exceptional crisis situation constituting a threat to public safety”.

Under the Human Rights Act, enacted in 2019, laws proposed in Queensland must come with a “statement of compatibility” outlining how new measures stack up.

Queensland Police Minister Mark Ryan. Picture: NCA NewsWire / Dan Peled

Overriding the Human Rights Act can be done in “exceptional circumstances” including “war, a state of emergency, an exceptional crisis situation constituting a threat to public safety, health or order”.

The statement of compatibility for the state’s new youth justice measures outlines how making breach of bail an offence for children “limits human rights in a way which is not justified” because less restrictive options are available.

The measure, which the government outlined as “important and legitimate”, would also increase the likelihood of children being detained on remand which was “inconsistent with international standards about the best interests of the child”.

Increasing the maximum penalty for stealing a vehicle to ten years from seven years, according to the government, “will also have a greater impact on Aboriginal and Torres Strait Islander” children and result in them being locked up for longer.

But Mr Ryan, in the statement, noted he was satisfied the changes would not “directly or indirectly discriminate on the basis of race” as all children would face the same maximum penalty.

Queensland Human Rights Commissioner Scott McDougall, in a statement, said he was “alarmed” by the state government move to remove the protections of the Human Rights Act.

Queensland Human Rights Commissioner Scott McDougall. Picture: Liam Kidston

“This is the first time a government in Queensland has sought to expressly remove human rights protections,” he said.

“The measures introduced are predicated on a flawed perception that recidivist children will respond positively to punitive measures.

“Removing the rights of children ultimately does not uphold the rights of victims of crime.”

Originally published as New youth justice laws ‘incompatible’ with human rights law but govt will push ahead