LNP warned hard line on youth crime won’t work

The new LNP government’s crackdown on juvenile offenders is expected to face strong opposition from Queensland youth justice advocates.

LNP leader David Crisafulli with then youth justice spokeswoman Laura Gerber

The new LNP government’s crackdown on juvenile offenders is expected to face strong opposition from Queensland youth justice advocates, who continue to call for the age of criminal responsibility to be raised and for teens to be kept out of detention.

A series of submissions sent to the Senate inquiry into Australia’s youth justice and incarceration system shows Queensland organisations are fiercely at odds with the new government’s policies.

Premier David Crisafulli has promised a youth crime crackdown during his first 100 days in power, including the “adult crime, adult time” policy and removing detention as a last resort.

But he has also promised investment in early intervention and prevention programs, post-detention transiting programs and regional “reset” programs.

In a submission penned by the Queensland Family and Child Commission, Commissioner Luke Twyford said the community would not be made safer through the harsher treatment of young people.

“Our punishment approach is increasing recidivism rates, not deterring them,” he wrote.

“If we are to believe the media, there is a prevailing ‘youth crime crisis’ in Queensland – however on any given day less than half of one per cent of Queensland children are involved in the youth justice system and the rate of youth offending in Queensland has been steadily decreasing since 2008.

“To effectively address youth crime, policy reform must prioritise the root causes of offending behaviour – social disadvantage, dysfunction and disengagement.

“The biggest improvements Queensland will make to youth crime will be through the education, health, mental health, housing, and child safety portfolios.

“We will not reduce crime and make the community safer through the police and youth justice portfolios alone.”

Mr Twyford referred to the cases of two young boys who died in circumstances where they had been exposed to violence, alcohol and illicit substances, chronic child abuse and neglect as well as periods in care.

One of the boys had been to court 25 times, had been sentenced to periods of detention four times, serving a total of 128 nights, and had spent nine nights in police watch houses.

Queensland Family and Child Commission’s Luke Twyford

The second boy, who had been subjected to sexual abuse and had a mild intellectual disability, had also been sentenced four times to periods of youth detention, including for stealing, receiving stolen property, unlawful use of motor vehicles, possession of a knife in a public place, entering premises with intent and dangerous driving.

Their stories were discussed in the Child Death Review Board 2022/23 annual report which made the point the youth justice system appeared ineffective at achieving improvements in safety and wellbeing for either boy.

Queensland Network of Alcohol and Other Drug Agencies wrote in its submission that the age of criminal responsibility should be raised in Queensland from 10 to 14.

“For young people who do offend, there is a significant likelihood that they have been victims of more serious offences than they have committed, and that they have experienced multiple forms of disadvantage, abuse, and neglect,” the submission said.

“Policy and legislative responses must focus on addressing the broader social factors which elevate the risk of a young person coming into contact with police or entering the youth justice system, including poverty, homelessness, family violence, and problematic substance use.”

The Uniting Church in Australia Queensland Synod also agreed the age of criminal responsibility should not be less than 14.

“Queensland relies on a system of incarceration for children and adults that is harmful, expensive and ineffective,” the submission said.

“Youth detention in Queensland costs the taxpayer $1901 per child per day. The overuse of detention fails to keep the community safe – around eight in 10 children released from sentenced detention in Queensland return within 12 months.

“The Australian Human Rights Commission stated recently that, tragically, by not addressing children and young people’s human rights early on, and instead taking a punitive approach to their offending, we are essentially criminalising some of the most vulnerable children in Australia.”

Originally published as LNP warned hard line on youth crime won’t work