Inquiry and Report with Reference to Australia's Youth Justice and Incarceration System

December 2025

Submission to the Legal and Constitutional Affairs Committee

This submission highlights that the challenges persistent within the incarceration and policing systems are the result of historical and contemporary failures that create conditions of harm, violence and discrimination. There is myriad evidence shared across civil society groups, First Nations communities and advocates, and concerned calls raised by United Nations experts calling for systems shifts that make this system one that is safe and just. The Institute points to evidence collected through the Wiyi Yani U Thangani engagements, highlighting that a systems change, intersectional and human rights approach needs to be taken in understanding the experiences of young people for meaningful and accurate accounts of how they have engaged with incarceration and police. Importantly, the Committee needs to deeply engage with the existing evidence and calls of action acknowledging young people and communities as the experts of their lives. The Institute urges the Committee to take action on these calls and develop meaningful and ongoing relationships with young people and communities to respond and drive change.  This submission is divided into three parts:

  1. Part 1 addresses the need to understand the context of over-incarceration of young people through a systems change approach. This necessitates understanding of the social, economic, environmental, political and cultural contexts which put young people at risk of contact with police and incarceration, and confront the systemic failures resulting from the ongoing harm and violence of colonisation.
  2. Part 2 details the Institute’s approach to meaningful engagement, urging the Committee to invest in meaningful ongoing relationships with young people and communities in order to eventuate change, and respond to existing evidence.  
  3. Part 3 highlights Australia’s international obligations and calls to action urged by the United Nations. It highlights that creating a just incarceration and policing system requires safeguarding all rights of young people.

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