Australia's youth justice systems are under increased scrutiny, with calls for reform from legal and medical professionals, academics, and advocates. An open letter to the Prime Minister has highlighted concerns regarding the incarceration rates of Aboriginal and Torres Strait Islander children and the conditions within youth detention. Concurrently, Victoria has reported a rise in crime statistics, with experts attributing some of these trends to pre-existing vulnerabilities intensified by factors such as the COVID-19 lockdowns and online influences. Debates continue over the effectiveness of current "tough on crime" approaches versus greater investment in community-based early intervention and mental health services.
Calls for National Reform and Indigenous Incarceration Concerns
More than 200 lawyers, academics, and advocates have signed an open letter to the Prime Minister of Australia, urging the government to address the incarceration rates of Aboriginal and Torres Strait Islander children as an emergency. Initiated by the National Aboriginal and Torres Strait Islander Legal Service (NATSILS), the letter proposes an emergency summit led by Indigenous legal experts and leaders to develop solutions.
Nerita Waight, acting chair of NATSILS, has highlighted issues within the current system, including the reported use of spit hoods, increased solitary confinement, and instances where children spend more time incarcerated than in educational settings.
Youth Incarceration Experiences and Mental Health Impacts
A 20-year-old individual, identified as Zach (name changed), who spent time in juvenile detention, stated that his experience contributed to the development of criminal behaviors.
He described the environment as "breeding criminals" and asserted that incarceration at a young age can negatively impact mental well-being, potentially leading to increased anger.
Zach now mentors young people in Mount Druitt, Sydney, an area characterized by low socio-economic status. Data from the NSW Bureau of Crime Statistics and Research (BOCSAR) indicates that youth offenders aged 10-17 are disproportionately involved in property-related crimes, which Zach suggests can be acts of survival.
The Royal Australian and New Zealand College of Psychiatrists, a signatory to the open letter, emphasized the role of early mental health intervention in preventing cycles of criminal behavior. Dr. Marshall Watson, a child and adolescent forensic psychiatry specialist, reported that serious mental illness is up to 10 times more common in youth custody compared to the general population. He also noted that Indigenous young people are 20 times more likely to be involved in the justice system.
Victorian Crime Trends and Contributing Factors
In Victoria, the crime rate increased by 9% in the 12 months to September 2025, according to Victoria Police. Repeat offenders were identified as responsible for 25% of all crime, with young people aged 12 to 17 being a significant concern. A group of 1,176 young offenders were arrested a combined 7,075 times, and children were identified as responsible for a majority of robberies, carjackings, and home invasions.
Adam Deacon, a child and youth forensic psychiatrist with nearly two decades of experience in Victoria's youth justice system, suggests that pre-existing vulnerabilities intensified by factors such as Melbourne's prolonged Covid-19 lockdowns contributed to these trends. Through the community forensic youth mental health service, an early-intervention program, Deacon encounters at-risk young people with common characteristics, including:
- Backgrounds involving disadvantage, trauma, abuse, or neglect.
- Families with histories of criminal involvement, substance abuse, or mental illness.
- Experiences of parental loss, leading to living with relatives or within the child protection system.
- Complex neurological disorders or disabilities, such as autism or ADHD, often diagnosed late.
Deacon noted that lockdowns disproportionately affected this group, leading to educational disruption due to unstable housing or limited internet access, preventing their return to school.
Organized Crime and Online Influences
Concerns have been raised regarding the recruitment of young people into organized crime, with some reportedly receiving payments to commit acts such as car theft or firebombings. Findings from a 2024 parliamentary inquiry indicated children were reportedly paid as little as $500 for arson in tobacco-related conflicts. Deacon attributes this shift to mobile phones, which he states facilitate rapid recruitment by organized crime figures. Additionally, concerns exist regarding young people's exposure to inappropriate online content, including violence and pornography.
Government Responses and Policy Debates
The New South Wales government recently allocated $140 million for upgrades to the state's detention centers. However, Zach and Daniel Daylight, manager of Justice Reinvest Mount Druitt, advocate for greater investment in community-based services that address the root causes of crime, such as family support and transfers to safer areas. Daylight noted that support often arrives too late and can cease for young people at age 18. He supports the call for a youth justice summit and emphasizes the importance of youth participation in policy discussions. Zach is involved with Mounty Aboriginal Youth and Community Services, a youth-led organization providing early engagement programs for at-risk children aged 10 to 18, where he now serves as a mentor.
In Victoria, the government introduced "adult time for violent crime" laws in November, allowing serious violent offenses by children to be tried in the county court, potentially resulting in longer sentences than the children’s court maximum of three years. These laws have faced criticism from legal and human rights organizations.
The Victorian government also announced funding allocations, including:
- $19.8 million for the establishment of the Violence Reduction Unit (VRU), inspired by Glasgow's initiative.
- $33 million for youth early-intervention and community safety programs.
- $26.7 million for Deacon's community forensic youth mental health service under the VRU.
Mental Health Minister Ingrid Stitt stated this funding aims to enable earlier access to support for young people. Deacon confirmed the funding would allow the service to accept more referrals, including from child protection, and launch a pilot program in schools for children in years 5 to 7 exhibiting concerning behaviors.
A federal government spokesperson indicated that states and territories are responsible for justice policies but affirmed federal support for early intervention and recidivism reduction initiatives.
Calls for Early Intervention and Systemic Change
Dr. Marshall Watson advocates for prioritizing investment in community-controlled youth mental health services and raising the minimum age of criminal responsibility from 10 to 14 years. He argues that at younger ages, children may not comprehend their actions and incarceration can cause lasting harm. Deacon also advocates for understanding the underlying causes of behaviors to facilitate earlier intervention and provide opportunities for at-risk youth.
Legal advice suggests the federal government possesses the constitutional authority to establish minimum standards for youth detention and raise the age of criminal responsibility, intervening if states and territories do not. Despite this, various state governments have implemented "tough on crime" policies, including "adult crime, adult time" sentencing and stricter bail laws. Queensland's Aboriginal and Torres Strait Islander Children's Commissioner, Natalie Lewis, stated that these approaches have not demonstrated positive outcomes for children or enhanced community safety.
Zach expressed an interest in producing a documentary to portray the realities faced by young people in Mount Druitt, advocating for all children to receive the necessary support to realize their full potential.