Additional Comments by Senator David Shoebridge

1.1As this report so clearly shows, it is essential for the Federal Parliament to:

first, understand the damage being caused by the youth justice system across Australia, and in particular the harm caused to First Nations children and communities;

second, take the actions needed to enforce our international undertakings, and even more importantly, keep children and communities safe.

1.2Young people should be with their families and friends, in school and learning about the world.

1.3The rhetoric in documents like the National Justice Partnership and Youth Justice policies across the country is that we must ‘close the gap’ and use prison as a last resort for young people. However, the almost unanimous evidence we heard was that this does not come close to reflecting the reality.

1.4The submissions to this inquiry canvassed in great detail the many concerns at all stages of the youth justice system. The submissions also covered the evidence-based alternatives to incarceration and the benefits of increasing access to these.

1.5There was near universal agreement that the current system, where states and territories enact approaches to their justice and prisons systems, is damaging children, endangering communities and must not continue. From across the country, we heard the desperate calls of children’s advocates, young people, academics and NGO’s for the Commonwealth to step in.

1.6The Commonwealth, as a party to international instruments including the Treaty on the Rights of the Child and the United Nations Declaration on the Rights of Indigenous People, has an obligation to ensure these rights are respected and complied with.

1.7Importantly, we heard that, while these international obligations rest squarely on the Commonwealth, each state and territory is consulted before they are entered into and provide their consent. This leads to a compelling conclusion that, where states and territories flout these international obligations, there is a clear case for direct Commonwealth action.

1.8I welcome the recognition by this committee of the need for further consideration in the Federal Parliament. I thank the Chair and the secretariat for their work and diligence in producing this report in the time available. I look forward to the recommendations being accepted by all parties and the prompt consideration of what the appropriate steps are, including possible legislative action and binding funding and partnership agreements, to deliver much needed change.

1.9Every Australian child deserves this.

Senator David Shoebridge

Member