Australia’s Youth Justice and Incarceration System - Legal and Constitutional Affairs References Committee
In October 2024, The Salvation Army provided a submission to the Commonwealth Legal and Constitutional Affairs References Committee, responding to the Inquiry into Australia’s Youth Justice and Incarceration System.
The Commonwealth Government sought input related to the impacts of youth incarceration in jurisdictions across Australia, the over-incarceration of Aboriginal and Torres Strait Islander children, and national minimum standards for youth justice consistent with international obligations.
The Salvation Army’s submission drew upon the perspectives of our youth services and programs across many Australian jurisdictions which support young people at risk of offending, or those who are engaged with the justice system. Our response highlighted the critical and overarching need for youth justice reform to be compassionate, holistic, and prioritise safeguarding, and acknowledged that locking up children and young people, does not free communities from crime.
We identified the risks and harms of hardline, punitive justice responses and incarceration on children and young people and discussed the strong connection between children experiencing disadvantage and those being disproportionately impacted by justice responses.
Our submission identified the critical need for prevention, early intervention, and diversion models which do no harm to children and young people to be prioritised as best practice. We urged the need for stronger collaboration and partnership across the sector to ensure better outcomes, alongside streamlined transition pathways which better support young people reintegrate back into the community after incarceration.
Our submission also discussed the following key themes:
- Responses to children and young people who offend must be developmentally appropriate, and must prioritise choice, connection and stability.
- The strengths and knowledge of Aboriginal and Torres Strait Islander culture must be utilised in responses to youth offending to minimise ongoing systemic discrimination.
- All levels of Australian government are responsible for ensuring that legislative and administrative justice processes respect and uphold the rights of children and young people.
- The sector must be well-resourced, integrated and sustainable to effectively address experiences of disadvantage as drivers for offending.
- Collaborative, wraparound responses, alongside restorative programs which focus on repairing and rebuilding relationships must be available for young people using, or at risk of using violence.
- Achieving a trauma-informed and rehabilitative approach requires workforce capacity building, enhancing service accessibility and cementing the voices of lived experience in responses.
At the heart of our submission was the need to ensure the unique and intersectional needs, rights and best interests of children and young people are included in the design, development and delivery of justice responses.