The Australian Indigenous Doctors’ Association (AIDA), the Royal Australasian College of Physicians (RACP) and the Royal Australian College of General Practitioners (RACGP) appeared before the Senate Committee Inquiry into Australia’s Youth Justice and Incarceration System on 3 July 2026 with a united message: Australia has the evidence. What is missing is action.
We thank the Committee for hearing directly from Aboriginal and Torres Strait Islander doctors and medical allies. However, it was disappointing that much of the discussion revisited findings already established through inquiries, royal commissions and expert reviews, rather than focusing on implementing the reforms needed to improve outcomes for children.
As AIDA CEO Dr Peter Malouf told the Committee, Australia does not suffer from a lack of evidence it suffers from a lack of political courage.
“If governments are serious about reducing youth offending and improving community safety, we must intervene before children are criminalised, not after the damage has already been done.”
AIDA called for a national health-first legislative framework that identifies and responds early to disability, neurodevelopmental conditions, mental ill-health, trauma, housing instability, family stress and cultural disconnection. It would place Aboriginal and Torres Strait Islander led, community-controlled services, families, kin, Elders and culture at the centre of reform.
A health-first approach is not a soft approach. It is an evidence-based approach that prevents harm through early intervention, restorative accountability and culturally safe supports and structures formed and embedded with self-determination.
The Inquiry again confirmed what the evidence has shown for years: children entering the justice system have often experienced poverty, racism, trauma, homelessness, disability, family violence and child protection involvement long before they offend. These are signs of system failures, not child failure.
The Australian Human Rights Commission’s Help Way Earlier! report provides a clear roadmap for reform. It is time to implement it.
AIDA, RACP and RACGP also renew their call for the Commonwealth to raise the minimum age of criminal responsibility to at least 14 years nationally.
“Children aged 10 to 13 belong in school, connected to family, culture and community not in prison,” Dr Malouf said.
The organisations remain deeply concerned that key United Nations recommendations including raising the age, implementing the UN Declaration on the Rights of Indigenous Peoples and introducing a national Human Rights Act have not been adopted. Evidence must not continue to be overshadowed by fear-based law-and-order politics.
“We cannot continue responding to complex health, social and developmental needs with handcuffs and prison cells,” Dr Malouf added.
The organisations welcome the establishment of the National Commissioner for Aboriginal and Torres Strait Islander Children and Young People and look forward to supporting the Commissioner’s independent accountability role.
Parliament Must Act
AIDA, RACP and RACGP call on the Senate Committee and the Australian Parliament to:
- Raise the minimum age of criminal responsibility to 14 years nationally.
- Implement the Australian Human Rights Commission’s Help Way Earlier! recommendations.
- Establish a national health-first legislative framework that addresses children’s health, disability, developmental, family and cultural needs before criminalisation.
- Invest in Aboriginal and Torres Strait Islander community-controlled organisations and culturally safe early intervention.
- Embed the principles of restorative justice in reform of youth justice pathways.
- Embed the Closing the Gap Priority Reforms across youth justice.
- Ensure the National Commissioner has a strong role in monitoring accountability.
The evidence has been heard. The solutions are known. Parliament must now act.
