Australia’s justice system disproportionately detains Indigenous youth
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Activists and reports show Australia’s justice system increasingly detains Indigenous young people, despite efforts to address inequality.
A recent update from the Australian Productivity Commission revealed a troubling trend of rising Indigenous incarceration rates. In 2025, over 2,500 Indigenous adults per 100,000 were imprisoned, a significant increase from previous years. First Nations youths are heavily overrepresented in detention, with 25.7 children aged 10 to 17 in custody on an average day in 2024-25.
The Legal Aid for Aboriginal and Torres Strait Islander Peoples noted these young people spend considerably more time in pre-sentence detention than other populations, averaging 57.2 days, with some states exceeding 96 days. The United Nations Committee on the Elimination of Racial Discrimination expressed alarm over this disparity, citing systemic racial discrimination against Aboriginal and Torres Strait Islander communities. Several organizations, including Amnesty International Australia, are campaigning for change.
They are urging the government to raise the age of criminal responsibility to at least 14, invest in community-led solutions, and enforce minimum standards for the treatment of children in custody. Reports highlight that many of these children experience poverty, trauma, and disabilities, and early intervention could reduce their involvement with the justice system. Despite some state-level initiatives, advocates say progress is too slow to address this national issue.
