Committee: Legal and Constitutional Affairs References Committee
Date referred: 28 October 2025
Submissions close: 19 December 2025
Reporting date: 31 March 2026

On 28 October 2025, the Senate referred an inquiry into Australia's youth justice and incarceration system to the Legal and Constitutional Affairs References Committee for inquiry and report by 31 March 2026.

Further details about the scope of the inquiry are provided in the terms of reference. The referral from the Senate includes a requirement for the committee to engage with and seek input from young people with lived experience in the youth justice system, and to seek evidence of effective alternative approaches to the incarceration of young people, including diversionary programs.

The referral follows the committee's Inquiry into Australia's youth justice and incarceration system in the 47th Parliament. All correspondence and evidence received for the earlier inquiry has been made available to the committee for the purposes of conducting the new inquiry. This means that submissions already provided to the committee do not need to be re-submitted. Those records are available on the submissions page at the previous inquiry page.

Terms of Reference

1. That the following matter be referred to the Legal and Constitutional Affairs References Committee for inquiry and report by 31 March 2026:

   Australia's youth justice and incarceration system, with particular reference to:

   1. the outcomes and impacts of youth incarceration in jurisdictions across Australia,
   2. the over-incarceration of First Nations children,
   3. the degree of compliance and non-compliance by state, territory and federal prisons and detention centres with the human rights of children and young people in detention, and
   4. the Commonwealth's international obligations in regards to youth justice including the rights of the child, freedom from torture and civil rights,
   5. the benefits and need for enforceable national minimum standards for youth justice consistent with our international obligations; and
   6. any related matters.
2. That, in conducting the inquiry, the committee:
   1. engage with and seek input from young people with lived experience in the youth justice system, and
   2. seek evidence of effective alternative approaches to incarceration for young people, including diversionary programs.
3. That the committee have the power to consider and use the records of the Legal and Constitutional Affairs References Committee appointed in the previous parliament.

The committee asks submitters to carefully consider the appropriateness of providing personal information and personal records, such as names, birthdates, police records, court, care and protection records, and medical and mental health records.

The committee intends to publish submissions from young people as 'name withheld'. Name withheld submissions are published on the inquiry webpage but with the submitter's name (and any other identifying details) removed.

Any submitter may request that their submission is received confidentially in which case neither the submission nor the submitter's name are published. Confidential submissions are only available to committee members and the secretariat. If you would like your submission to be received confidentially, please clearly say so at the time of making your submission, outlining the reason(s) for your request.

The committee may decline to accept or decline to publish submissions (in whole or in part) that reflect adversely on another party or which outlines the experiences of third parties.

• Lifeline: 13 11 14
• Yarning SafeNStrong: 1800 959 563
• Grief Australia: 1800 642 066
• 1800Respect: 1800 737 732
• Beyond Blue: 1300 224 636
• Kids Helpline: 1800 551 800
• MensLine Australia: 1300 789 978
• Blue Knot: 1300 657 380
• Suicide Call Back Service: 1300 659 467
• Headspace