Queensland's proposed youth justice overhaul is "racially prejudicial", at odds with Path to Treaty and Closing the Gap commitments, and could be met with "extreme resistance" from detention workers, the government has been warned.
Advocates have condemned the legislation — which includes making breach of bail an offence for children and expanding a trial of GPS electronic monitoring devices to eligible 15-year-olds — in a series of submissions to a parliamentary committee ahead of public hearings across the state this week.
In one submission, the Queensland Aboriginal and Torres Strait Islander Child Protection Peak (QATSICPP) accused the government of a lack of consultation with First Nations leaders, saying it was "very concerned" given the high rate of Aboriginal and Torres Strait Islander young people in contact with the youth justice system.
"This seems directly at odds with the Queensland government's intention to cultivate a new relationship with First Nations peoples as part of the Path to Treaty and its commitments to the National Agreement on Closing the Gap," the submission said.
In a separate submission, Shane Duffy, the chief executive of the Aboriginal and Torres Strait Islander Legal Service, said "it is very difficult to reconcile" the Queensland government's reforms with its Closing the Gap commitments to drive down the rate of First Nations children in detention.
Another submission — lodged on behalf of the Anglican Church Southern Queensland — said the bill had "racially prejudicial implications" and would be a setback for the steps the government had taken towards reconciliation.
"Given that Queensland's incarceration rate for Aboriginal and Torres Strait Islander children is 33 times that of non-Indigenous children, the bill will impact Aboriginal and Torres Strait Islander children in a grossly disproportionate way," Reverend Peter Catt said.
"We argue that the bill therefore has racially prejudicial implications and will exacerbate and prolong the intergenerational trauma caused by assimilationist forcible removal policies (of the Stolen Generations).
"[It will] undermine self-determination, further alienate Aboriginal and Torres Strait Islander children from their families, cultures and communities, and undermine gains made in Queensland's Reconciliation processes and dialogues."
The Queensland government's latest youth crime crackdown was sparked by the death of Emma Lovell, who was allegedly stabbed in the chest by two teenagers on Boxing Day.
Last week the state government introduced a bill into state parliament, involving sweeping changes, and announced a $332 million package to support extra initiatives like support for victims and increased police resources.
In the same week, landmark laws to help the Queensland government sign a treaty or treaties with First Nations people were tabled.
The legislation aims to work towards reconciliation with a goal to negotiate a treaty or treaties between the Queensland government and First Nations communities recognising them as the original custodians of the land, waters and air.
According to a report released by the Justice Reform Initiative last year, Aboriginal and Torres Strait Islander people were significantly over-represented in Queensland's criminal justice system, making up 62.6 per cent of the youth detention population despite comprising just 4.6 per cent of the general population.
Victims want tougher laws
Out of the 69 submissions published, several were from victims of crime including a newly formed collective calling for tougher measures from the government.
The Victims of Youth Crime Collective includes Michelle Liddle and Ben Beaumont, the parents of teenager Angus Beaumont, who was murdered in a Redcliffe park in 2020.
Premier Annastacia Palaszczuk has continuously defended the proposed laws changes.
"We've listened to the community and we've responded," she said last week.
"Community safety is paramount."
More pressure on 'already struggling' system
The committee has also been told the planned changes will likely see more pressure on an "already struggling" youth detention system.
The Australian Workers' Union of Employees Queensland secretary Stacey Schinnerl said in a submission there were 262 reports of assaults on staff in the state's youth detention centres last year.
"The practical effects … of the bill will likely see more youth offenders on remand and therefore more demand on an already struggling system," she said.
"Any action from this government that makes these workplaces even more unsafe will be met with extreme resistance by AWUEQ members in youth detention centres."
The Queensland Human Rights Commission said in its submission there was "little evidence" the amendments would improve community safety in the immediate or longer term.
"If incarceration worked as an effective deterrent, there would not be recidivist offenders and youth detention centres would not be at capacity," the submission stated.
Police Minister Mark Ryan said when introducing the draft laws, the Human Rights Act would be overridden.
The Human Rights Commission said that would set a "dangerous precedent" for future governments.
"It is at these times of heightened public anxiety that maintaining robust protections of human rights is of greatest importance," the statement said.
Hub Community Legal, a Brisbane-based youth legal centre, raised concerns about the practicalities of introducing breach of bail as an offence for young people and that it would further criminalise vulnerable children.
"Children are more likely than adults to have a greater number of specific bail conditions including curfews, to reside at a certain place, be with either mum or dad or a worker, to attend school, go to counselling, attend programs … [therefore] bail conditions are usually more onerous for a child than for an adult," principal lawyer Carolyn Juratowitch said.
"Instability with housing, domestic violence in the home and a variety of other factors can make it difficult (if not impossible) for a child to comply."
