Aboriginal children and families will suffer from the New South Wales government's "punitive" bail law extension, advocates say, as Labor argues the controversial laws are curbing youth crime.
In response to the Liberal opposition mirroring other governments' approach nationwide by pitching a controversial "adult crime, adult time" crackdown on young offenders if it wins next year's election, the NSW Government on Tuesday said it would extend its strict youth bail laws.
The government will table legislation to extend temporary bail limitations — which raise the threshold that repeat car theft and break-and-enter offenders must meet to receive bail — for two more years and introduce a pilot program for at-risk regional children.
Judges must have a higher degree of confidence that the young person will not reoffend before they can permit their release.
Labelled "cruel, tragic and dangerous" by the Aboriginal Legal Service NSW/ACT when they were first introduced, the organisation said the proposed legislation is part of a "failed" youth justice policy in the state.
"The vast majority of children in NSW jails have not had their day in court or been found guilty of a crime," acting CEO Sharif Deen said. "Why does the Premier think it's OK for jails to be full of unsentenced Aboriginal kids?"
The latest data from the NSW Bureau of Crime Statistics and Research (BOCSAR) showed almost 80 per cent of young people in detention are on remand, more than half of whom are Aboriginal.
"There is clear evidence the Premier's legislation is having a discriminatory effect," Mr Deen said.
He claimed Premier Chris Minns is "more concerned with perceived political point-scoring than with what actually works to make the community safer — which is investing in community services that address the root causes of crime".
Due to expire at the start of October, the legislation will now see the laws extended to 2028, with Attorney-General Michael Daley saying they were working, even if NSW had more to do to combat youth crime.
"This is the only way at the moment we can keep the community and the young people safe, by making sure they don't get bailed," he said.
It came after the Coalition pledged it would table the so-called "adult crime, adult time" laws — which have been introduced in some capacity in Queensland and Victoria — within its first 100 days if elected.
Liberal Leader Kellie Sloane said she believed in tough love.
"(That) means doing everything we can to support young people and put them on the right track," she said. "But if you commit a serious adult crime, there should be serious adult consequences."
Legal and human rights groups have been outspoken in their criticism of "punitive" youth justice laws across the country, arguing they only exacerbate the likelihood of further offending, in turn reducing community safety.
"Jail is no place for children, and incarcerating them does not keep the community safe — it does the opposite," National Aboriginal and Torres Strait Islander Legal Services (NATSILS) general manager Nick Espie argued last week.
"States and territories continue to show they cannot be trusted to address youth justice, and NSW is continuing to lead this shameful trend."
With AAP
