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AAP
AAP
National
Keira Jenkins

Incarceration crisis: youth laws to face UN scrutiny

The UN delivered a scathing assessment of Australia's prison and detention practices in 2023. (Neda Vanovac/AAP PHOTOS)

Australia could be taken to task internationally for its "crisis of mass incarceration" of Indigenous children as one state tries to take its controversial youth crime crackdown even further.

Indigenous legal experts have filed a complaint with the United Nations, pointing to what they say is systemic racial discrimination in criminal laws nationwide.

Curtin University associate professor Hannah McGlade authored the complaint to the UN Committee on the Elimination of Racial Discrimination in an attempt to shine a light on youth justice policies that disproportionately affect Indigenous children.

Dr Hannah McGlade
Hannah McGlade says a tough on crime approach created an "appalling situation" for Indigenous kids. (Aaron Bunch/AAP PHOTOS)

"What's happening is the states and territories are putting the truck in reverse," she told AAP on Tuesday.

"This approach is not only failing Aboriginal people and Aboriginal children, it's failing Australia."

The complaint from Dr McGlade, an expert member of the UN Permanent Forum for Indigenous Issues, comes as the Queensland government seeks to expand its controversial "adult crime, adult time" legislation with 20 extra offences.

A second tranche of laws to be added to existing legislation, which passed in late December after an election pledge by the incoming LNP government, will cover crimes like rape, attempted murder, arson and torture.

Premier David Crisafulli said the laws would bring serious offenders to justice. "We promised to restore safety to our communities and to continue delivering strong youth crime laws - that's exactly what we're doing," he told Queensland's parliament.

Queensland Premier David Crisafulli
Queensland Premier David Crisafulli pledged to continue to deliver strong youth crime laws. (Jono Searle/AAP PHOTOS)

Multiple states and territories have recently tightened bail laws and introduced other legal changes to target young offenders, a shift that critics say will lead to an increase in already high Indigenous incarceration rates.

Dr McGlade said the tough-on-crime approach had created an appalling situation for Indigenous children while making communities more dangerous as young people were more likely to become repeat offenders after early contact with the justice system.

"We're playing with fire," she said.

"We're harming, potentially for life, the Aboriginal children who are being impacted and incarcerated in shocking situations."

A Curtin study found young people who had contact with the justice system were 4.2 times more likely than their peers to die prematurely, with the most common causes being suicide, traffic accidents and drug poisoning.

Most of these deaths occurred before the age of 25, lead author Stuart Kinner said.

"Young people who have had contact with the youth justice system may have difficult family relationships and are at an increased risk of homelessness, mental illness, substance-use disorder and risk-taking behaviours, making them particularly vulnerable," he said.

"Achieving better outcomes for these young people will require coordinated, multi-sectoral investments in care that extend beyond the criminal justice system."

Queensland Youth Justice Minister Laura Gerber said the state was making significant investments in early intervention and rehabilitation measures alongside the "adult crime, adult time" policies.

"There must be consequences for action but we must also ensure that youth get the support and the guidance they need to turn their lives around," she said.

The UN delivered a scathing assessment of Australia's prison and detention practices, including the treatment of young people, in 2023, saying they were inhuman, degrading and in some cases may amount to torture.

13YARN 13 92 76

Lifeline 13 11 14

Kids Helpline 1800 55 1800 (for people aged 5 to 25)

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