The Queensland government is facing intense scrutiny over its proposed Youth Justice (Circuit Breaker) Amendment Bill with Indigenous advocates raising serious concerns about its potential impact on First Nations youth. The bill, introduced by Youth Justice Minister Laura Gerber in June, aims to establish court-ordered bootcamps as an alternative to detention. However, critics argue that the legislation could lead to the abuse of children and unfairly target Indigenous youth.
In a scathing letter, Aboriginal and Torres Strait Islander Children and Young People Commissioner Sue-Anne Hunter urged the government to withdraw the bill. She highlighted that the proposed camps would allow operators to have a “reasonable” excuse not to report harm to a child if doing so could incriminate them. This provision, she argued, could hide abuse and leave children without a reliable way to raise concerns.
Concerns Over the Bill’s Provisions
Commissioner Hunter’s letter pointed out that the bill would allow a child’s complaints to be silenced if they are considered trivial or would cause annoyance. She emphasized that children held at these camps would have no statutory right to escalate concerns to independent bodies like the Queensland Ombudsman or the Public Guardian. “Adults have a lawful reason not to report harm, and children have no reliable way to raise it themselves. That is the design the Queensland Parliament is being asked to approve,” she stated.
Queensland Family and Child Commissioner Luke Twyford echoed these concerns, advocating for the removal of the provision that provides an excuse not to report harm. He argued that anything creating confusion about reporting obligations risks making them less effective. “The Reportable Conduct Scheme provides clear obligations for all serious harms to children and young people to be reported. Anything which creates confusion about these obligations or when they apply risks making them less effective,” he said.
The Bill’s Proposed Framework
The proposed legislation would introduce a court-ordered alternative to detention, allowing children to be sent to one of two remote properties with a service provider for up to six months. Participants would be required to wear an electronic monitoring device and would receive basic education and hands-on learning in agriculture and livestock management. However, the bill has drawn parallels to the former Newman government’s controversial boot camps, which were trialled in 2013 and shut down in 2015 due to a blowout in costs and a string of mishaps.
An evaluation of the previous boot camps found that they had failed to cut repeat offending, with more than half of the young people sentenced going on to reoffend. Despite these concerns, the Justice, Integrity and Community Safety Committee last week recommended the laws be passed without amendment.
Political Reactions and Future Steps
Youth Justice Minister Laura Gerber defended the bill, stating that it designates circuit breaker sites and providers as child-safe entities under the Reportable Conduct Scheme. “They have to report harm to a child via our child-safe reportable scheme, which is one of the strongest in the nation,” she said. She clarified that providers would only have a reasonable excuse not to report if it would tend to incriminate them when reporting to the Director-General of the department, separate from their obligations under the Child Safe Reportable Conduct Scheme.
Commissioner Hunter emphasized that the bill needed to be “rebuilt” with First Nations people “at the table.” She argued that Aboriginal and Torres Strait Islander children would bear the weight of this program and that the bill’s provisions were not in line with human rights. “Children cannot vote. You can. Think about the consequences,” she urged.
As the debate continues, the Queensland government faces a critical decision that could significantly impact the lives of Indigenous youth and the broader youth justice system.
