Key Points
- An investigation into the lives of children caught in the youth justice system has been released by NT Children’s Commissioner Shahleena Musk.
- The findings come days before the NT government plans to rush through justice system reforms, including lowering the age of criminal responsibility back to 10.
- More than three-quarters of children in the review had mental health needs or cognitive disability.
Young people is the result of a “failed” child protection system, a watchdog’s investigation reveals.
An investigation into the background and life experiences of 17 children aged under 13 and caught in the has been released by NT Children’s Commissioner and Larrakia woman Shahleena Musk.
Many of the detained young people could have been diverted from incarceration had they not been neglected by the child protection system, Musk’s report shows.
The findings come days before the NT government plans to rush through a suite of “law and order” reforms, including lowering the back to 10.
The commissioner urges the government to consider “the dire need for evidence based and therapeutic responses”, echoing calls by many in the legal and medical sectors.
“I implore the Northern Territory government not to lower the minimum age of criminal responsibility to 10 and pause other proposed reforms that will impact vulnerable children,” Musk said.
“Instead, work to improve responses to at-risk children and their families earlier.”
Every child involved in this audit had significant and ongoing contact with the child protection system, she said, with one child the subject of 70 harm notifications.
“These vulnerable children are bearing the consequences of a failed service system,” Musk said.
“The result, young children being pipelined into detention after multiple missed opportunities to intervene earlier in their lives,” she said.
The 17 children were the subject of 456 notifications in total to child protection. At least 15 of them experienced harm, some on several occasions.
Almost three-quarters of children in the NT youth justice system come from the lowest socio-economic areas, the report said.
Young people in detention told investigators their parents need more support.
“They need to support the parents more, give them vouchers for food and clothes for the kids,” a young person said.
Musk’s report refuted ideas that the former Labor government was “soft on crime”.
Not only did the NT have the highest rates of sentenced children in detention in 2022/23, she wrote, but they also remained under supervision for up to 218 days, second only to Queensland at 227 days.
“This evidence demonstrates that if being tough on crime actually worked the NT would be the safest place in Australia.”
More than three-quarters of children had mental health needs or cognitive disability, and 47 per cent of children had multiple diagnosed cognitive disabilities.
“It is unacceptable for children living with significant vulnerability to end up in custody,” she said.
“Their unmet disability, trauma and mental health needs should have been identified and addressed earlier outside of the justice system.
“Incarcerating children with disability and poor health and mental health poses serious risks to their wellbeing and future.”
