Queensland Panned for Overriding Human Rights Act to Deal With Youth Crime

Queensland Premier Annastacia Palaszczuk is seen during a press conference at the Brisbane Convention and Exhibition Centre in Brisbane, Australia, Aug. 11, 2021. AAP Image/Darren England

Controversial legal amendments that will allow juvenile offenders to be detained at police watchhouses have been criticised by the national children’s commissioner.

On 24. Aug 2023, changed to the Youth Justice Act 1992 was passed through the Queensland Parliament overriding the state’s own human rights laws

National Children’s Commissioner Anne Hollonds said in a statement there was no evidence to support tougher penalties on youth offenders.

“We need evidence-based reforms to the service systems that should be helping children and their families and ensuring that children’s health, development, learning and wellbeing are supported,” she said.

“This includes housing, financial support, and access to mental health services, drug and alcohol services, and domestic violence services. Schools need to coordinate with health and social services to be fit for purpose for complex needs in 2023,” Ms. Hollonds added.

She said placing children in detention did not “rehabilitate or deter them from criminal behaviour.”

“It further entrenches kids into a life of crime and robs them of their childhood and important developmental opportunities. This has life-long health, learning and wellbeing impacts on children and significant long-term social and economic costs for our society,” she said.

State Leader Stands By Tougher Stance on Youth Crime

Queensland Premier Annastacia Palaszczuk said the Queensland government’s job was to back society’s desire for safety.

Ms. Palaszczuk said her government’s job was to “balance the activities of these young criminals across our state with the protection of the community.”

“The public have been pretty loud and clear that they want the community protected, and this is just one means in which young people have been placed into watch houses,” she said.

“This is not our desired outcome; we would much prefer to have them all in youth detention facilities, and this regulation, in my understanding, will actually lapse once new detention facilities are built.”

The left-wing Greens Party have lambasted the move calling it “outrageous.” The law allows 10-17-year-olds to be detained in police watchhouses.

Greens MP Michael Berkman said it was “disgraceful” saying it was an “absolute dog act to introduce amendments like this—that suspend a child as young as 10’s human rights when they’re in an adult police watch house—with no prior warning.”

“The purpose of the Human Rights Act is to protect children from the specific harm known to occur if they are placed in the same watch houses and prison facilities as adults,” Mr. Berkman said.

The 2nd Time Queensland’s Human Rights Act Has Been Overriden

The recent amendments will be the second time the Queensland government overrides its Human Rights Act.

Mr. Berkman said if Labor keeps suspending the Human Rights Act to “lock up more children, the problem is only going to get worse.”

Queensland Human Rights Commissioner Scott McDougall said children with complex needs are not a problem that can be solved overnight with rashly thought-out changes to the law.

“Victims deserve a youth crime response that works to improve community safety. These laws will not achieve that,” Mr. McDougall said.

“We need a properly resourced, comprehensive plan to address youth offending and keep children and communities safe,” he said.

Minister for Youth Justice Dianne Farmer said in circumstances where youths are waiting a court appearance or a place in a youth detention centre, it is necessary to detain them in a watchhouse “for their safety, the safety of our staff, and the safety of the community.”

Ms. Farmer said in a statement that the government would work to ensure young people spend the least time possible in a watchhouse before going to a detention centre.

Meanwhile she called the latest package of laws, the “toughest” in the country, and could see serious repeat offenders jailed for longer periods of time.

“Longer time in detention also allows for more intensive rehabilitation to help tackle the complex causes of youth crime,” she said.

Meanwhile, Children’s Commissioner Hollonds said, “This latest development in Queensland is further evidence that Australia’s youth justice systems are in full-blown crisis and that harsh punitive measures are not keeping the community safer.”

“We need programs available everywhere that divert children away from crime and engage them in education and training. We need well-equipped child protection services to provide extra help when families need it,” she said.

New Police Task Force Deployed to Youth Crime Hotspots

On Aug 23, 2023, the Queensland government launched its rapid response police taskforce which includes detectives and youth justice workers to assist police with disrupting youth crime activity.

It comes after the state government announced a $446 million boost to police resources.

Queensland Police Minister Mark Ryan said law enforcement was working tirelessly.

“The state government is committed to not only supporting our police with the strongest youth justice laws in the country but the resources they need to keep our communities safe,” Mr Ryan said.

Queensland Police Services (QPS) Commissioner Katarina Carroll said the QPS was seeing encouraging results, and would look at “rolling out various operations at locations across the state over the coming weeks.”

“Our rapid response teams are highly mobile and go into areas where their expert support is needed most,” Ms. Carroll said.

Since May 7, 2023, Queensland State Flying Squad teams focusing on youth crime have charged 162 young people with more than 448 offences ranging from stealing, burglary, unlawful use of motor vehicle, assault, and robbery.