Human Rights Day has prompted renewed scrutiny of youth justice policies across Australia, with community organisation Children’s Ground warning that recent state and territory decisions are placing children, particularly First Nations children, at greater risk.
The organisation says a pattern of punitive reforms is emerging nationwide, despite longstanding evidence that such approaches fail to improve community safety and instead cause long-term harm. Children’s Ground is calling for a national recommitment to children’s rights and culturally grounded, community-led systems of care.
Across several jurisdictions, governments are adopting tougher youth justice laws. In the Northern Territory, amendments to the Youth Justice Act now allow children as young as ten to be held criminally responsible. The organisation has raised alarm over the relocation of children far from home, the increased use of watch houses, and the reintroduction of spit hoods, measures it says breach human rights.
“These measures carry serious and lasting consequences for First Nations children who already experience stark over representation in detention and child protection,” the organisation stated. It argues the policies further erode cultural stability, safety and connection.
Other states are moving in a similar direction. Victoria has passed laws enabling life sentences for children, while Queensland is considering expanded penalties, including life sentences for some non-violent offences. Legal advocates in New South Wales have warned that new reforms will likely increase the number of children in detention. Children’s Ground says the shift reflects a national preference for punishment over prevention, responsibility and rehabilitation.
Children’s Ground Chair and 2025 Human Rights Awards finalist, William Tilmouth, said the consequences of these policy directions are personal and generational.
“I grew up without a voice and without the right to choose. Assimilation was the policy of the day. Our children deserve a different life. They deserve to grow up with family, language and real opportunity, knowing their identity and who they are. I’m heartened by the fact that I see families stepping forward now with confidence and taking control of their lives. This is what human rights is about in our communities. Our old people have shown us this way, and our children now have the chance to walk forward in strength and confidence.”
Children’s Ground argues that community-designed prevention strategies, rooted in culture, family leadership and local governance, are proven to reduce harm and strengthen wellbeing. The organisation points to improved early learning participation, cultural revitalisation and increased First Nations employment as examples of what culturally grounded systems can achieve.
CEO Jane Vadiveloo said governments hold decisive power over whether children are placed in harm or supported to thrive.
“Children deserve systems that protect them, listen to them and honour their rights. Government decisions shape the daily reality for our children and carry profound responsibility. Policies that separate children from family, increase detention and expand punitive settings place them at real risk. Every level of government holds the responsibility to create environments of safety, cultural connection and opportunity. Our children deserve courage and leadership from those who hold that power.”
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