Goal 2.2: Fewer Aboriginal people enter the criminal justice system

The underlying causes of offending for young people are complex. Offending behaviours often stem from a history or trauma, abuse, neglect, involvement with the child protection system, disengagement from education and training, drug and alcohol misuse and mental health issues. The risk of involvement in the criminal justice system is exacerbated when parental incarceration or other circumstances such as family violence results in children entering the child protection system, and in particular out of home care. These children often find themselves in police custody for relatively minor behavioural infractions that occur while in care, and are at greater risk of losing contact with their parents, offending and becoming involved in the juvenile justice system themselves[i]. These risks are particularly significant for Aboriginal children, whose first interaction with the justice system may be as victims of violence or abuse. This concerning and intergenerational cycle of disadvantage and trauma is one of the most compelling reasons for prevention and early intervention for Aboriginal children and young people.

Aboriginal young people currently experience a rapid trajectory into the youth justice system due to a lack of effective and appropriate diversionary options. Magistrates are often willing to divert young people whose offending is of a lower scale but have limited options for ongoing community-based diversion programs to refer them to.  Community-based youth diversion programs can provide alternatives to youth justice supervision at lower cost, however their real value is in the benefits that accrue from keeping children and young people out of the criminal justice system in the long-term. Where community-based Koori youth justice programs are available, increasing numbers of Aboriginal young people are accessing them.

	Meet the particular needs of vulnerable children and young people in out of home care due to family violence and support them to access the services they need to avoid future involvement with the criminal justice system.
	Provide tailored therapeutic responses, where appropriate, when young people do come in contact with the criminal justice system. Incarceration should only be used as an absolute last resort.
	Identify and implement actions to reduce the amount of time children and young people spend in police stations and cells.
	Identify and develop options for safe spaces so that children and young people are not at further risk, or unduly associated with sentenced offenders and/or adults, if remand is required.