Indigenous justice advocates have condemned new laws proposed in South Australia, warning they will criminalise children and make communities less safe.
The state, which currently records some of the lowest crime rates in the country, is expected to debate the legislation in the upcoming parliamentary sitting. The government says the laws are aimed at gangs and recidivist young offenders.
Aboriginal Legal Rights Movement (ALRM) chief executive Klynton Wanganeen said the laws would unnecessarily funnel more children into the justice system.
Despite South Australia's low crime rate, he argued, the government is pursuing "extreme legislation that will not prevent crime and will harm our children".
"The South Australian government is focusing on political point-scoring, and Aboriginal children will suffer as a result," Mr Wanganeen said.
The Narungga and Ngarrindjeri man said the bill would "overturn core legal protections," including the presumption of innocence, incarceration as a last resort, and the right to bail. It would also allow "police control orders for children as young as 10 years old based on what they wear, who they associate with, or even based on allegations that haven't been proven".
"This sounds like a free pass for our kids to be racially profiled and targeted," he said.
"The bill will lead to more Aboriginal children being thrown into jail. Not only is this damaging for the child, but it actually increases the risk of them cycling in and out of detention, both as a child and as an adult. So it harms children and makes the community less safe."
The government has defended the proposal, saying it is narrowly targeted. A spokesperson told InDaily in July that the laws "only apply to gangs that exist for the purpose of committing serious criminal offences".
"There is no legislation being proposed in South Australia which would criminalise the wearing of the Aboriginal colours," the spokesperson said.
"We are particularly concerned about a reported trend of adults recruiting children to become involved in criminal activity. This is why the draft bill includes a specific offence for recruiting another person to become a member of a street gang."
National Aboriginal and Torres Strait Islander Legal Services (NATSILS) general manager Melissa Clarke said South Australia had joined other states in harmful lawmaking, ignoring both evidence and the voices of Indigenous communities.
She said the state had entered the "race to the bottom".
"The evidence is clear; investing in support that prevents children from interacting with the justice system in the first place is the answer," Ms Clarke said.
"The South Australian government must work with Aboriginal leaders and communities; and child, medical and legal experts to design youth justice responses that value care, support and prevention over control to ensure the best outcomes for our kids and communities."
Attorney-General Kyam Maher has previously said the laws were developed in consultation with police.
"These reforms are all about cracking down on street gangs by giving police greater powers, similar to what they have for Outlaw Motor Cycle Gangs, to keep the South Australian community safe," he said.
The government's Young Offender Plan notes that in 2023–24, just 20 young people were responsible for 11 per cent of all charges in the Youth Court.
It has also pledged $3 million over three years through the Justice Rehabilitation Fund for specialised initiatives designed to "target recidivism amongst the cohort of serious repeat young offenders and provide effective diversions from the criminal justice system."