National children’s commissioner’s report recommends reform for young people

Today the national children’s commissioner released the Help Way Earlier! How Australia can transform child justice to improve safety and wellbeing report, claiming the treatment of children in the criminal legal system is one of the most urgent human rights issues facing Australia.

It points to reviews and inquiries over decades that have highlighted serious breaches of children’s rights and systemic problems with youth justice and related systems over many years. Despite the urgent need for action, governments have failed to implement evidence-based and community-led reforms.

The report authors spoke with over 150 children who said that they needed ‘help way earlier’.

The report found that children are often let down by service systems that should support their health and wellbeing before they enter the criminal legal system.

There are 24 recommendations in the report, including national reform through the formation of a new National Taskforce for reform of child justice systems with cross-portfolio input. It also recommends a Cabinet Minister for Children with responsibility for children’s rights and wellbeing.

Critically, it recommends that the age of criminal responsibility should be raised to 14, which we have long argued for. Also that:

• child matters should be heard in specialised children’s courts,
• investment be prioritised in prevention and early intervention through Aboriginal controlled community organisations
• oversight of children’s detention facilities should be strengthened
• solitary confinement and use of isolation should be prohibited
• access to safe and affordable housing for children and families and comprehensive and culturally safe healthcare should be prioritised.

Legal assistance provides a critical pathway to promote children’s rights and ensure their voices are heard. In 2023–24 we provided just over 3000 grants of assistance, and just under 3000 duty lawyer services, for children charged with criminal offending.

We also provide representation to children involved in child protection proceedings and Independent Children’s Lawyers in family law proceedings. VLA is the largest specialist children’s legal service in Victoria. In accordance with out organisational commitments we also seek to support the work of VALS’ Balit Ngulu service for children.

More information

Read Help Way Earlier! How Australia can transform child justice to improve safety and wellbeing report

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