An analysis of the Northern Territory’s youth justice legislation, youth diversion, community courts and youth detention programs: do they stack up against the child’s rights framework?

Aboriginal youth crime in the Northern Territory (‘NT’) is borne out of disadvantage, compounded by reactionary and at times draconian policy responses. Politically within the NT, there has been a see-sawing of policy ranging from zero tolerance approaches to community-controlled diversion.

Australia is a party to the United Nations Convention on the Rights of the Child, which means laws and policies tackling youth justice are supposed to respect principles of non-discrimination, best interests of the child, right to life, right to be heard and dignity. Youth diversion is a key strategy underpinning the human rights approach to youth and juvenile justice, however there has been no comprehensive review as to whether the NT’s diversionary laws and policies comply with the child’s rights framework. This thesis aims to fill that gap.

The thesis examines to what extent the NT’s current approach to Indigenous young offenders reflects the international child rights general principles. An assessment of NT youth policy and programs against the general principles of the convention of child rights is crucial, for if we don’t understand the present situation we will continue the same approach, and miss the opportunity to chart a pathway to improving the lives of Indigenous youth in the NT. This thesis analyses youth justice legislation, pre-court diversion programs, community courts and youth detention. It then considers what reforms to the NT’s juvenile justice approach may be needed to meet international child rights standards, laying the groundwork for further research.