The politics of fear is shaping a generation of children
By Katherine Hayes
The popularisation of false narratives about a so-called “youth crime crisis” has brought about a spate of regressive justice reforms in Queensland, Victoria and the Northern Territory. But not only do these punitive approaches ignore key historical and structural factors that lead to youth re-offending; they actually entrench the cycle, writes Youth Advocacy Centre CEO, Katherine Hayes.
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Across the country, false narratives about a so-called ‘youth crime crisis’ have become fertile ground for political gain.
Queensland is a prime example, where misinformation about rising youth crime rates was used to generate fear and polarisation throughout the LNP’s successful state election campaign in 2024. What resulted was the passing of laws introducing 45 offences for which a child can receive the same penalty as an adult, and the removal of the principle of detention as a last resort.
Victoria passed a similar bill late last year which among other things will mean children aged 14 and above could face adult sentencing in an adult court (rather than a children’s court) for violent crimes, with an increased likelihood of detention. And earlier last year, the Northern Territory passed a range of law changes, also removing the principle of detention as a last resort, bringing back the use of spit hoods and waist restraints in youth detention centres, and more.
But despite the headlines, and the increasingly punitive approaches to rehabilitation across the country, do we really have a ‘youth crime crisis’? The answer is a resounding (and evidence-based) no. Youth crime is not, and has not been, out of control. While some regions experience localised challenges, when we use Queensland as an example, youth offending rates have been declining for around a decade. This is not conjecture; it is drawn directly from Australian Bureau of Statistics data. Similar trends are reflected nationally.
Misinformation as a campaign strategy is one thing, but the resulting spread of disinformation as truth is where the damage is done. Community uptake of the false narrative of a ‘youth crime crisis’ fuels polarisation, contributing to deeper bias and discrimination of vulnerable groups, including Aboriginal and/or Torres Strait Islander children – of which are already significantly over-represented in the justice system – along with children experiencing domestic violence, poverty, homelessness, substance abuse issues, neurological conditions and mental illness.
Hard line approaches to youth justice ignore the historical and structural factors that led to the cycle of reoffending becoming established in the first place. It places the responsibility at the feet of children, while ignoring the ongoing impact of dispossession, entrenched disadvantage and intergenerational trauma on our First Nations peoples.
As an example, the stricter bail laws implemented in many parts of Australia make it especially difficult for children living in unstable home environments. Many bail conditions stipulate a curfew, but if a home environment is unstable, the risk of a child being sent back to detention is extremely high.
Sending children to detention only leads to worse outcomes. For the individual, community wellbeing and for the taxpayer. Once incarcerated, the risk of recidivism increases significantly, in many cases leading to long-term institutionalisation and risk to community safety.
Despite politicians repeatedly telling us that tough on crime approaches work, we know what really works to stem youth offending is early intervention, diversion and justice reinvestment. These strategies rely on community support through the unified acceptance of the importance of young people, their empowerment, rights, wellbeing and humanity.
While many working to support at risk young people nervously scan the environment for the more immediate impacts of the punishing laws, we know that the negative effects won’t be fully realised for years to come. The impacts will reveal themselves slowly and in ways that are not only detrimental to the future of generations of young people, but also the community at large.
The unfortunate part of all this is that we KNOW what works to break the cycle. And it’s not locking kids up and throwing away the key.
About the author
Katherine Hayes
Katherine is the CEO of the Youth Advocacy Centre (YAC), a community legal centre that provides legal and social support for young people in Queensland. She joined YAC in 2022 with over 20 years of corporate law experience with a desire to make positive change in the community. As youth justice issues have begun to dominate political debates, Katherine has become a vocal advocate for the rights of children whose voices are often left out of the story. Her proactive approach to engaging with stakeholders across the youth justice sector has seen her become a leader in campaigning for a safer and more just Queensland for all.
About YAC
The Youth Advocacy Centre (YAC) is a Brisbane-based not-for-profit organisation that has a mission to increase young people’s access to justice, through free legal services, social support and family support services, and a community legal education program. Just as integral to YAC’s mission is youth advocacy that works to improve social and legal systems so that they are more responsive and appropriate to the needs of children and young people.