More than 1100 children and young people have been arrested and charged in Queensland through new youth bail laws, in a revelation that further undermines the state's commitment to closing the gap.
In data obtained by National Indigenous Times, the "high visibility" police operation Whiskey Unison, which has been heavily promoted by the Queensland Government as a solution to youth crime, has seen 916 young people have been charged with 917 breach of bail offences between March 22, 2023, and March 11, 2024.
The numbers are a part of the overall data from the operation, which has seen the arrest of 4,149 juveniles on 7,551 charges.
A QPS spokesperson told National Indigenous Times: "Operation Whiskey Unison involves proactive activities aimed at enhancing community safety, undertaken during additional shifts, on top of every-day policing."
However, state wide, since the laws were introduced, 1,144 children - aged 10-17 – have been arrested on 8,464 breach of bail charges charges.
New legislation criminalising breach of bail for children and young people was passed last year by the Queensland Government. They resulted in the state's Human Rights Act being suspended and was heavily criticised by Indigenous, legal, and human rights groups, who argued it would lead to an explosion of incarcerated children.
The latest data has confirmed this, revealing Queensland locks up more Aboriginal and Torres Strait Islander children than any other jurisdiction in the country.
The state government then took the unprecedented action of suspending the act in August in order to allow the state to house children in adult watch houses.
Change the Record's Maggie Munn said the data confirmed children caught up in the justice system were not escaping it due to the "punitive" laws, which many have argued have no rehabilitative impact.
"It's a huge number of charges against a big number of children as well," they said, "which only goes to show that since the Queensland Government decided to actively pursue punitive responses to children, we're seeing a much larger number of kids coming into contact with the system and being trapped in it."
"I'm not surprised considering this is the exact outcome that advocates told the Government to expect with laws like this, but it remains heartbreaking."
Advocates have previously said children were often breaching bail because of onerous and often dangerous bail conditions. These include being forced to live with former abusers, not being allowed in a car, and 24 hour curfews.
One child's bail conditions stipulated they lived with someone who sexual abused them multiple times, or remain incarcerated. By choosing to live on the street - for their own safety - they were in breach of bail and committing a crime.
Greens MP Michael Berkman told National Indigenous Times: "If arresting and imprisoning children worked, we'd have the lowest crime rates in the country."
"The figures indicate that most kids are getting charged multiple times, which is actually a pretty humiliating indictment on the efficacy of Labor's laws," Mr Berkman said.
The data comes as Australian physicians say the key to addressing youth justice is to take a healthcare approach, rather than treating children and young people as criminals.
In a submission to the Queensland parliament's youth justice reform select committee, the Royal Australasian College of Physicians (RACP) recommended the age of criminal responsibility be raised to at least 14 "with no exceptions".
It also recommended no children - of any age - be imprisoned in adult settings, as well as a health assessment for all children entering custodial facilities.
"Incarceration should only ever be in purpose-designed and purpose-built environments where proper health care (including specialist medical care) and suitable social supports are provided," the RACP submitted.
Queensland Family and Child Commissioner Natalie Lewis' submission to the committee mirrored these concerns.
The Gamilaraay woman said she remained "deeply concerned" over the state's suspension of the Human Rights Act, the "failure" to raise the criminal age of responsibility to 14 in line with United Nations recommendations, and the practice of housing children in adult facilities.
The Queensland opposition have said they will remove detention as a last resort if they win the October state election, which advocates say will only increase the number of children incarcerated.
A recent report found two disabled Indigenous children died in the immediate aftermath leaving prison, where they were kept in isolation for significant periods of time.
This article originally said 1146 was the number of children charged under operation Whiskey Unison. This has been amended to say charged with all breach of bail offences state wide.