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Title page 1

Contents 4

Members 3

Abbreviations 7

List of recommendations 9

Chapter 1. Introduction 10

Inquiry referral and terms of reference 10

47th Parliament inquiry 11

Previous inquires 12

Conduct of the inquiry 13

Context of the inquiry 14

Report structure 17

Note on terminology 17

Note on references to submissions 18

Acknowledgments 18

Chapter 2. Australia's youth justice system 19

Introduction 19

Demographic overview of children in the youth justice system 19

Risk factors for children and young people 21

Health and disability 22

Engagement with education 25

First Nations children and young people 26

Engagement with the child protection system 29

Other socioeconomic risk factors 33

Chapter 3. Experiences of children and young people in Australia's youth justice system 36

Introduction 36

Death of Cleveland Dodd 36

Experiences of young people in the youth justice system 38

Initial contact with law enforcement 38

Police watchhouses 40

Children held on remand 42

Lived experience of remand 46

Sentencing 47

Transporting children to youth detention facilities 49

Conditions in detention 51

Extended isolation and lockdowns 51

Use of restraints 54

Access to healthcare and education in detention 55

Education in detention 55

Healthcare in detention 57

Cost of detention 59

Monitoring of places of detention and complaints 61

Ongoing impacts of youth detention 61

Exiting detention 62

Health and socio-economic consequences 63

Education and employment prospects 65

Recidivism rates 66

Chapter 4. Early intervention, diversion and justice reinvestment 68

Introduction 68

Calls for a new approach 68

Principles underpinning the reforms sought 70

Detention as a last resort 70

Recognising the root causes of childhood offending 71

Moving to a preventive approach - early intervention, rehabilitation and diversion 71

Types of reform 73

Alternative first responders 73

Early intervention 74

Diversion 88

Justice reinvestment 97

Chapter 5. Calls for national minimum standards 103

Principles underlying national minimum standards for youth justice 103

Enforceability with ongoing oversight and monitoring 104

Consistency with Australia's obligations and commitments 107

Based in evidence and informed by lived experience 108

Holistic approach to youth justice 109

Specific national standards 110

Minimum age of criminal responsibility 111

Detention as a last resort for the least amount of time 114

Prohibition of harmful practices 115

Implementation of the Optional Protocol to the Convention against Torture 117

Access to health, education and other supports 118

Connection to community and culture 119

Minimum staff training 120

Chapter 6. Committee view and recommendations 122

National standards and consistency 123

Commonwealth, state and territory coordination of justice reinvestment 124

Preventive and early intervention measures with schools at the centre 125

National Child and Community Safety Taskforce 125

A community safety education campaign 126

Factors contributing to youth incarceration 127

Labor Senators' Additional Comments 128

Additional Comments from Senator Shoebridge and Senator McLachlan 149

Senator Lidia Thorpe's Additional Comments 155

Appendix 1. Submissions and additional information 167

Appendix 2. Public hearings and witnesses 174

Appendix 3. International framework 183

Tables 13

Table 1.1. Public hearings 13

Figures 15

Figure 1.1. Public sentiment around youth justice 15

Figure 1.2. Youth crime rates in Australian states and territories 16

Figure 2.1. Young people under supervision on an average day, by supervision type and state and territory, 2024-25 20

Figure 2.2. Young people in detention on an average night, by Indigenous status, June quarter 2021 to June quarter 2025 28

Figure 4.1. Social Reinvestment WA: Blueprint for a Better Future 73

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