Queensland’s Liberal National party government has acknowledged their signature youth crime legislation will “directly discriminate” against children, by limiting their “protection from cruel, inhuman or degrading treatment”.
The bill is also “expected to have a greater impact on Aboriginal and Torres Strait Islander children, who are already disproportionately represented in the criminal justice system,” according to the government’s tabled statement of compatibility with human rights.
The premier, David Crisafulli, introduced the party’s headline making Queensland safer bill on Thursday, the government’s first legislation since last month’s election win.
The legislation implements its “adult crime, adult time” election commitment by dramatically increasing maximum sentences for youth crimes.
Crisafulli also tabled its statement of compatibility with human rights, a requirement under the state Human Rights Act.
The statement, which accompanied the legislation, is written in the name of the attorney general, Deb Frecklington, and acknowledges it violates human rights. The law will therefore require an override of the act.
Frecklington concedes that the bill will probably increase the number of children in state watch houses resulting in “limitations to the protection from cruel, inhuman or degrading treatment … and the right to humane treatment”.
“Watchhouses are not appropriate or humane places in which to detain children (particularly for any lengthy period of time).”
The law also eliminates the longstanding legal principle of detention as a last resort – but only for children. The legislation will still apply to some adult criminals.
“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 reads.
“This will, in essence, create a sentencing system where adults are better protected from arbitrary detention than children.”
The statement also says the negative impact on the rights of children likely outweighs its benefits and “will lead to sentences for children that are more punitive than necessary to achieve community safety”.
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“I also recognise that, according to international human rights standards, the negative impact on the rights of children likely outweighs the legitimate aims of punishment and denunciation,” Frecklington said, in the statement.
However the minister argued the laws are not racist.
“I am of the view that the amendments do not directly or indirectly discriminate based on race,” Frecklington said, in the statement.
“The increased sentences will be applied equally to all children who are convicted of an offence.”
Government successfully sponsored an urgency motion for the legislation, meaning it will go to a parliamentary committee for just eight days. It will then return to parliament in December for a final vote.
The legislation has been widely criticised by human rights organisations, lawyers and experts, including the state human rights commissioner.
Under the legislation, children as young as 10 can be sentenced to life in prison for a number of offences, and are subject to a mandatory life sentence if convicted of murder.
