In December 2024, Queensland passed the Making Queensland Safer Act, marking the most significant shift in youth justice laws in the state’s history. These reforms fundamentally change how young offenders are sentenced, leaning towards harsher penalties that align more closely with adult sentencing. But what does this mean for Queensland’s justice system, young offenders, and the broader community?
The Evolution of Youth Justice in Queensland
Historically, Queensland’s youth justice framework has prioritised rehabilitation over punishment. The Youth Justice Act 1992 was designed with an emphasis on restorative justice, recognising the unique developmental needs of children in line with international best practices.
However, with rising concerns over youth crime, the Queensland government has moved away from this rehabilitative approach. Premier David Crisafulli, was quoted by ABC as saying the reforms were a “first strike back” against youth crime, signalling a definitive shift towards a tougher stance on juvenile offenders.
Key Changes in the Making Queensland Safer Act 2024
The new legislation introduces several major changes that significantly increase the severity of sentencing for young offenders:
Mandatory Sentencing:
- Life sentences with a 20-year non-parole period for juveniles convicted of murder.
- Abolishment of the long-standing principle that detention should be a last resort.
- Adult-equivalent sentences for 13 serious offences:
Murder & Manslaughter Charges
- Manslaughter
- Unlawful striking causing death
Assault Charges
- Grievous bodily harm
- Acts intended to cause grievous bodily harm and other malicious acts
- Wounding
- Serious assault (involves various levels of intentional harm to persons, from minor assault to severe injury)
Break and Enter/Burglary
- Burglary
- Robbery
- Entering or being in premises and committing indictable offences
- Unlawful entry of vehicle for committing indictable offences
Traffic Offences
- Dangerous operation of a vehicle
- Unlawful use or possession of motor vehicles, aircraft or vessels
Human Rights Implications
The Queensland Human Rights Commission (QHRC) highlights that this is the third override of Queensland’s Human Rights Act since 2020. Section 33(3), which ensures age-appropriate treatment for convicted children, is directly impacted.
These measures reflect a significant departure from previous policies that sought to balance accountability with rehabilitation.
Is Queensland’s Youth Justice System Prepared for These Changes?
A 2024 report from the Queensland Audit Office (QAO) reveals alarming strains on the current youth justice system:
Overcrowding in Youth Detention Centres
- All three of Queensland’s youth detention centres operate above safe capacity, with an average of 23 young offenders exceeding daily capacity limits.
- Chronic staff shortages and frequent lockdowns disrupt rehabilitation efforts.
Financial Pressures
Over $1.38 billion has been allocated to youth justice over the past five years. However, only $134 million has been spent on outsourced rehabilitation programs, with limited assessment of their effectiveness.
High Recidivism Rates
The Queensland Audit Office found that despite the government’s 72-hour post-release plan for serious youth offenders, 75% reoffended within two weeks of release.
Similarly, a 2024 report by the Queensland Family and Child Commission showed the vast majority of young people released from Queensland youth detention centres – between 84% and 96% – reoffended within 12 months.
These striking statistics suggest that detention alone may not be effectively preventing youth from returning to criminal behaviour after release. In fact, a 2016 study suggests that harsher sentencing among youths, such as jail time, may not reduce crime rates but could instead increase reoffending.
Impact on Indigenous Youth
First Nations communities are expected to bear the greatest burden of these reforms. According to the Queensland Audit Office, Indigenous youth make up 69% of serious repeat offenders, despite representing only a small fraction of the state’s population. The long-term consequences of justice system involvement are particularly concerning, with a 2023 analysis of data from 1993 to 2014 showing that Indigenous youth who have contact with the law during adolescence face a significantly higher risk of suicide compared to their non-Indigenous peers.
Research published in The International Journal of Children’s Rights indicates Indigenous youth offending is deeply linked to systemic disadvantage, intergenerational trauma, and family instability, compounded by limited access to culturally appropriate education and support services. Many come from communities facing high poverty rates, overcrowded housing, and frequent family separation, with additional risk factors such as parental incarceration, substance abuse exposure, and school exclusion increasing their likelihood of justice system involvement.
These challenges highlight the need for policies that move beyond punitive measures and focus on culturally responsive rehabilitation programs, stable housing, mental health support, and diversion initiatives that strengthen community ties. A justice system that prioritises prevention, early intervention, and community-based solutions is more likely to break the cycle of reoffending and create safer, more resilient communities.
Although the new laws do have initiatives and programs aiming to curb youth offences, the major changes might do more harm than good.
Long-Term Considerations:
- Planning for new youth detention centres to accommodate increased sentencing lengths.
- Expanding staff recruitment and training programs.
- Developing culturally appropriate rehabilitation programs for Indigenous youth.
Future Implications
The reforms raise several important considerations for Queensland’s justice system:
Social Impact:
- Community safety outcomes
- Rehabilitation effectiveness
- Family and community disruption
- Indigenous community effects
System Capacity:
- Detention centre requirements
- Staffing needs
- Program adaptation
- Resource allocation
Legal Frameworks:
- Human rights compliance
- International obligations
- Appeal processes
- Judicial discretion
The Queensland Audit Office has recommended a phased implementation approach:
- Short-term: Addressing immediate capacity concerns in detention centres.
- Medium-term: Adapting rehabilitation programs to align with new sentencing laws.
- Long-term: Assessing the impact of the reforms through data-driven policy adjustments.
The long-term success of these reforms will depend on their ability to balance deterrence with rehabilitation while addressing systemic challenges in Queensland’s youth justice system.
Final Thoughts
The Making Queensland Safer Act 2024 represents a seismic shift in youth justice, but its true impact remains to be seen. While the government argues these changes are necessary for public safety, critics warn of long-term consequences, particularly for vulnerable youth. As legal professionals, our role is to ensure justice is not only served but remains balanced and fair.
How Our Firm Can Help
Navigating these changes can be overwhelming, particularly for families of young offenders. At Hannay Lawyers, we are dedicated to providing strong legal support under Queensland’s evolving justice system.
Our services include:
- Bail Applications: Advocating for fair pre-trial release conditions.
- Court Representation: Expert defence strategies tailored to your case
- Sentence Appeals: Challenging unjust or excessive sentences.
- Rights Protection: Ensuring compliance with human rights laws.
- Case Strategy Development: Providing guidance on the best legal options available.
If you or someone you love is in contact with the law, contact our Gold Coast Criminal Lawyers or Brisbane Criminal Lawyers now to protect your rights.