•
Australian Governments should review existing systems of monitoring and
inspection of youth justice facilities for compliance with OPCAT and amend
their legislative frameworks accordingly.
•
The Australian Government should establish a children’s sub-group of the
National Preventive Mechanism in Australia to ensure those with expertise
and experience of working with children can provide specialist advice,
information and recommendations.
•
Australian Governments should better implement the principle of detention
as a last resort by identifying and removing barriers for young offenders
accessing diversionary programs, in particular for Aboriginal and Torres Strait
Islander children.
•
Australian Governments should expand the availability and range of
diversionary programs for young offenders, including community-controlled
and culturally-safe programs.
•
Australian Governments should review bail laws for their impact on the
number of children on remand in detention and ensure non-custodial
options.
•
Australian Governments should abolish mandatory minimum sentencing
laws that apply to children.
•
Australian Governments should raise the minimum age of criminal
responsibility to at least 14 years.
•
Australian Governments should ensure that laws that allow for children to be
detained following a finding of unfitness to stand trial, or a verdict of not
guilty by reason of mental impairment:
o impose effective limits on the total period of detention
o require regular reviews of the need for detention
o require a plan to be put in place, including actions to be taken for the
child’s rehabilitation to facilitate their transition into progressively less
restrictive environments, and eventually out of detention.
•
The Australian Government should:
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