Queensland’s Liberal National Party government has introduced a contentious youth crime bill, acknowledging it will “directly discriminate” against children.
David Crisafulli, the premier, put the Queensland safer bill in place on Thursday – the first legislation of the government since its win. According to him, the legislation would “serve as a deterrence to crime. They will reduce the number of victims.”
The legislation, dubbed “Queensland Safer,” aims to increase maximum sentences for youth crimes, aligning with the party’s “adult crime, adult time” election promise, as mentioned in The Guardian.
“The amendments will treat children less favourably than adults in the same circumstances and therefore directly discriminate on the basis of age, limiting their right to enjoy their right to liberty without discrimination, their right to equal protection of the law without discrimination and their right to equal and effective protection against discrimination,” the statement says.
Based on the government’s statement of compatibility with human rights, the bill will disproportionately affect Aboriginal and Torres Strait Islander children, who are already overrepresented in the criminal justice system.
Attorney General Deb Frecklington conceded that the bill may increase the number of children in state watch houses, resulting in “limitations to the protection from cruel, inhuman or degrading treatment” and undermining their right to humane treatment.
“Watchhouses are not appropriate or humane places in which to detain children (particularly for any lengthy period of time)”, he said and added that the negative impact outweighs the aims of punishment.
Critics argue that the legislation violates human rights, particularly the principle of detention as a last resort, which will only apply to adults. The bill also allows children as young as 10 to be sentenced to life in prison for certain offenses.
The legislation has received backlash from human rights organisations, lawyers, experts and also the state’s human rights commissioner.
Queensland’s human rights commissioner, Scott McDougall, said that the new youth crime laws – which will bring about life sentences for children “who still have their baby teeth” are evidence that the “society that has lost its way”.
Griffith University criminologist William Wood is of the opinion that prison does not have a positive impact in reducing crime. “Detention and prisons don’t reduce crime, they produce crime”, he said, adding that prison makes children tougher.
It will go to a parliamentary committee for eight days before returning to parliament in December for a final vote.
