The peak body for Indigenous legal services says the Prime Minister must place an emergency youth justice summit on the agenda at the inaugural National Indigenous Labor Conference.
The conference, taking place this weekend in Sydney, is open to all First Nations Labor members. It comes amid growing calls from Indigenous, human rights and legal organisations for stronger federal action on what they describe as a national youth justice "crisis".
Aboriginal and Torres Strait Islander children remain significantly over-represented in detention, with incarceration rates more than 25 times higher than those of non-Indigenous children. On an average day in 2025, 734 children are detained across Australia, with almost 62 per cent identifying as Indigenous.
While the Closing the Gap agreement includes a target to reduce the number of Indigenous children in custody, rates have not declined. Some states and territories have pursued policies described as "knee-jerk" and "lazy", acknowledging these measures are likely to increase the number of children in detention.
The Productivity Commission's latest Report on Government Services shows youth detention costs an average of $1.3 million per child each year — more than $3,600 a day — a figure described by the former National Children's Commissioner as a "devastating policy failure".
Nerita Waight, acting chair of the National Aboriginal and Torres Strait Islander Legal Services (NATSILS), said the conference was an opportunity for Indigenous attendees to collaborate on meaningful reform.
Noting the Prime Minister's attendance, she argued: "This is a chance for him to listen to First Nations leaders on the issues that matter to us and implement our calls for decisive action."
Last week, more than 200 lawyers, academics, advocates and Indigenous organisations signed an open letter to Prime Minister Anthony Albanese, urging him to treat the over-incarceration of Aboriginal and Torres Strait Islander children as a national emergency.
Since then, more than 800 people and organisations have added their support, according to NATSILS.
In response to the letter, a government spokesperson said "only states and territories can set justice policies" and that "where we can, we are working to support early intervention diversion and, importantly, reduce recidivism".
That position appears to contradict legal advice obtained last year by the Justice and Equity Centre from barristers Kate Eastman AM SC and Emma Dunlop, which found the Commonwealth could intervene under section 51(xxix) of the Constitution to meet its international human rights obligations.
Ms Waight said the youth justice "crisis" must be addressed at the conference, urging the Prime Minister to act with urgency.
"We urge the Prime Minister — don't waste this opportunity," she said. "We need an emergency summit on youth justice. This is one tangible step you can take towards honouring your commitment to reconciliation with First Nations people."
The Commonwealth has faced ongoing criticism from Indigenous, human rights and legal groups, both domestically and internationally, for allowing states and territories to fall short of their Closing the Gap commitments.
During his Closing the Gap address in February, the Prime Minister appeared to support the approach taken by some jurisdictions, saying they "have every right to put the safety of their communities first".
In the past two years, children as young as 11 have been held in adult watch houses, the Northern Territory government has reintroduced spit hoods in youth detention facilities despite recommendations from the Don Dale Royal Commission, and some state premiers have publicly supported life sentences for children.
@natindigtimes Spit hoods will be used on children in the Northern Territory, the Police Commissioner has confirmed. #northernterritory #spithoods #ntgovernment #ntpolice #auspol ♬ Breaking News Background Music (Basic A)(1001538) - LEOPARD
In January, the United Nations Human Rights Council criticised Australia's youth detention practices during its Universal Periodic Review, stating children had been "subjected to verbal abuse and racist remarks and restrained in ways that were potentially dangerous", while solitary confinement remains in use.
Late last year, delegates from the UN Working Group on Arbitrary Detention were denied access to Unit 18 and Banksia Hill Detention Centre in Western Australia, as well as all Northern Territory prisons. The group described Australia's youth justice system as a "stain on Australia's reputation".
Ms Waight argues the Prime Minister had the constitutional authority to act to ensure Australia meets its international obligations, including under the UN Convention on the Rights of the Child.
She says a copy of the legal advice obtained by the Justice and Equity Centre had been provided to the government and outlined it has "the power to override state and territory justice systems to enforce international human rights obligations".
"We are more than happy to give the Prime Minister a refresher in legal studies — but this advice makes it clear as day that he has the power to act," she said.
