‘Setting children up to fail’: Qld’s youth justice system slammed

A new report has slammed Queensland’s youth justice system as one of the worst in the nation for violating the rights of children, saying its focus on punishment and control goes against the state’s own Human Rights Act.

Queensland has been named as one of the country’s worst jurisdictions for violating the rights of children in the youth justice system, in a new report by a global aid agency.

Save the Children commissioned the report comparing every state and territory youth justice system across policing, bail and remand, court processes, sentencing practices and diversion.

It named the Sunshine State as one of the worst offenders, pointing to the state introducing new punitive measures in February, which were inconsistent with the state’s Human Rights Act.

Director of Policy at Save The Children, Mat Tinkler.

Upon releasing the report, Save the Children chief executive Mat Tinkler said “we are a nation that prides ourselves on giving everyone an opportunity to succeed, and yet authorities are setting children and young people up to fail”.

“We know what works and what doesn’t. State and Territory governments must invest in strengthening and expanding early intervention and diversion programs,” he said.

Queensland’s use of adult watch houses to house children was also named as problematic.

Mr Tinkler said Save the Children was advocating for a number of reforms including the introduction of national youth justice standards, and independent oversight of youth detention facilities.

Queensland’s Youth Justice Minister Leanne Linard. Pic: Sarah Marshall

Queensland’s Youth Justice Minister Leanne Linard said the government was strongly committed to the Charter of Youth Justice Principles – contained in the Youth Justice Act – and “provide strong safeguards for the treatment of children in the youth justice system”.

“Many of the rights that are discussed in this report are upheld by the Charter,” she said.

“In addition, there is significant internal and external oversight of youth detention centres, including by the Queensland Ombudsman, Office of the Public Guardian and the Queensland Human Rights Commission.”

The Queensland Family and Child Commission also shared the report on social media, posting the report “shows that more can be done across the country, especially here in Queensland”.

“Young people who come into contact with the system deserve to be treated with dignity and respect, and their rights must be upheld. Too often, the focus is on punishment and control, rather than rehabilitation and support,” the post read.

Ms Linard said an independent inspector of detention services was being established to provide greater oversight of the state’s detention facilities.

“Recent decisions taken by the government in response to youth crime were not taken lightly,” she said.

“However, we have seen an increase in the number and severity of crimes being committed by a small cohort of serious repeat offenders.

“We listened to the community and acted in the interests of community safety.”

But Mr Tinkler argued evidence from around the world showed a “rights-based approach” to youth justice resulted in better outcomes for children, the community and governments.

“The punitive and ‘tough on crime’ approaches of Australian governments are the opposite of this: they punish children for being victims of underlying causes like poverty and inequality; poor access to education and family support; and lead to children cycling back into the system again and again,” he said.

“By adopting a child rights approach to youth justice, governments can improve how the youth justice system operates, leading to better outcomes for children and making communities safer.

“This involves governments being prepared to invest in prevention and early intervention programs that are proven to reduce crime and set young people up with the skills and connections to reach their potential.”