An interim draft report on youth justice in Queensland has said evidence around removing detention as a last resort is unclear, as chaos reigned in State Parliament.
It comes after an extraordinary move on Wednesday evening saw the parliamentary committee examining youth justice issues dissolved after it failed to agree on an interim report, throwing the future of how children are treated in the justice system into doubt.
The report, which was handed down on Thursday in Parliament, argued evidence around removing the principle that detention of children should be a last resort was unclear, stating that other measures are likely more effective.
The Queensland opposition has vowed to remove detention as a last resort - a key tenet of the 1991 Royal Commission into Aboriginal Deaths in Custody - if they are elected this year, whilst Premier Steven Miles said last month he would consider the future of it based on the findings of the report.
Detention as a last resort is also a principle in the United Nations' convention on the Rights of the Child, which Australia has signed and ratified.
The draft report stated: "Based on the evidence received by the committee so far, it is unclear how removing or amending the principle that detention should be a last resort would affect bail and sentencing decisions in practice."
It argued more "targeted amendments" may offer more effective means of responding to community concerns, and said magistrates still were able to prevent bail when weighing up community safety.
Furthermore, the report expressed serious concerns around housing children in adult watch houses, arguing: "It creates risks for the children, young people and staff involved and has negative consequences to a child of a young person's health and wellbeing."
It said the government needed to publicly report the number of children and young people who are detained in watch houses and how long they have been detained and develop a code of practice for the management of young people in these facilities.
Overall, the interim report made 59 recommendations.
Queensland currently locks up more children than any other jurisdiction in Australia, with new laws - including criminalising the breach of bail for children - resulting in the Human Rights Act being suspended last year.
The state represents 66.1 per cent of the national population of 10–17-year-olds under youth justice supervision, despite accounting for only 21.7 per cent of the 10–17-year-old population.
First Nations children are significantly overrepresented, with 66 per cent in detention identified as Aboriginal or Torres Strait Islander, as compared to 7 per cent of the general population.
The Queensland Family Child Commission (QFCC) Commissioners Natalie Lewis and Luke Twyford told National Indigenous Times they were "disappointed" to see the committee dissolved.
"The committee gathered a wealth of evidence from experts, frontline workers, and Queenslanders with lived experience that focused on the root causes of youth offending," the two commissioners said in a joint statement.
"Understanding these drivers is fundamental to identifying effective solutions that will reduce youth offending, ensure children's and families' wellbeing, and improve community safety."
The parliamentary committee was disbanded after a fiery vote in state parliament on Wednesday night, which resulted in Labor accusing the opposition of "abusing" the chair and having a "fake concern" over youth crime.
The committee was chaired by independent MP Sandy Bolton and had six committee members from Labor and the LNP.
The three LNP MP's have not signed the interim draft report.
Ms Bolton said the situation she was facing as chair "had become untenable."
"As chair, I have endeavoured every step of the way to work patiently, impartially, respectfully and collaboratively with both sides of this chamber," Ms Bolton said.
Justice Reform Initiative's executive director Mindy Sotiri said the committee was an opportunity for the state to analyse what evidence-based solutions worked to keep communities safe.
"We are deeply disappointed that the committee could not work through its disagreements," Dr Sotiri said.
"It is difficult to believe that members could not reach at least in-principle consensus around the best ways forward, after receiving more than 200 submissions from experts and community figures as well as dozens of hearings and meetings."
The QFCC commissioners said the committee's role was a chance for a bipartisan approach to youth justice.
"Sadly, it appears we have missed this opportunity," they said.
Greens MP Michael Berkman said the disunity proved both Labor and the LNP were "more interested in using youth justice as a political football than finding real solutions."
"They've turned real people's lives into a pantomime of finger-pointing and media stunts, and it's real people who are suffering the consequences," Mr Berkman told National Indigenous Times.
"The root causes go unaddressed, offending gets worse, and more children are locked in the cycle of criminalisation while these politicians' bicker."