A coalition of lawyers, academics and advocates has urged Prime Minister Anthony Albanese to treat the incarceration of Aboriginal and Torres Strait Islander children as an emergency, calling for a First Nations‑led summit as states pursue tougher youth justice laws and expand detention capacity.
More than 200 signatories backed an open letter initiated by the National Aboriginal and Torres Strait Islander Legal Services (NATSILS), arguing that policy settings across the country are pushing more children into custody instead of addressing the drivers of offending, including trauma, family violence, disability and homelessness.
The push comes as governments debate tough-on-crime responses to youth offending. In New South Wales, the state government has flagged $140 million to upgrade youth detention facilities, while other jurisdictions have tightened bail settings or expanded police and court powers in the name of community safety.
At the centre of the debate is a grim set of figures. The Australian Institute of Health and Welfare reports First Nations young people were 21 times as likely as non‑Indigenous young people to be in detention in the June quarter of 2025. Over the four years to that quarter, the rate for First Nations 10‑ to 17‑year‑olds in detention rose from 22 to 26 per 10,000.
On an average night in the June quarter 2025, AIHW data shows almost four in five First Nations young people in detention were unsentenced.
20‑year‑old – identified as Zach (a pseudonym) who spent part of his childhood in juvenile detention. He said being locked up hardened young people and made it harder to rebuild their lives once released. “It’s breeding criminals” he said.
NATSILS acting chair Nerita Waight said the country was at a crossroads, warning that punitive approaches risk normalising practices that harm children and entrench reoffending. “This is the last flare in the dark sky before the ship goes down” she said.
The open letter calls for an emergency summit led by Aboriginal and Torres Strait Islander legal experts and leaders, with governments expected to listen to community‑controlled organisations and develop evidence‑based reforms aimed at preventing children entering the justice system in the first place.
Supporters of the summit argue the current debate too often collapses into a false choice between children’s rights and community safety. They point to AIHW data showing many young people in detention are on remand, and the ABC reported that NSW crime data indicates youth offending is often property‑related.
A federal government spokesperson said that justice policy sits with states and territories, but said the Commonwealth was investing in early intervention programs and working through Closing the Gap partnerships. Advocates say that position is no longer sufficient, arguing national leadership is needed to halt a cycle that continues to disproportionately harm First Nations families.
The letter’s backers want governments to shift resources away from detention growth and towards diversion, culturally safe services and trauma‑informed supports – measures they say are more likely to reduce offending and keep communities safe over the long term.
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