The Commonwealth must lead efforts to stop the incarceration of 10-year-old children, according to the Coalition of Peaks, who say federal funding should be tied to meaningful justice reform.
Acting Lead Convenor Scott Wilson made the comments to reporters in Darwin on Larrakia Country before a meeting of the Joint Council on Closing the Gap, which follows the recent deaths of two Indigenous people in custody — a tragedy that has triggered national protests after the Northern Territory Government refused calls for an independent investigation.
The deaths of 24-year-old Warlpiri man Kumanjayi White — who had a disability and was living in supported accommodation — and 68-year-old Wadeye Elder, known as TN, occurred as jurisdictions across Australia continue to pass laws that breach human rights conventions and ignore Royal Commission recommendations.
Last year, the Northern Territory lowered the age of criminal responsibility to 10, despite widespread expert opposition. Victoria and New South Wales enacted strict bail laws condemned by human rights organisations, while Queensland implemented "adult crime, adult time" legislation, which can result in children as young as ten receiving life sentences.
Despite commitments under the Closing the Gap agreement, Aboriginal and Torres Strait Islander people now represent 36 per cent of the national prison population.
Speaking ahead of the meeting on Friday, Mr Wilson said the evidence was clear that Indigenous-led reforms improve outcomes — in health, education, justice and "across the board".
"The government has seen the evidence; the question now is will they act on it?" he said.
"Locking up 10-year-old kids isn't justice; it's a failure of policy and compassion. We expect the Commonwealth to lead on this."
Mr Wilson called for a national strategy to address the drivers of youth incarceration and the high number of Aboriginal children in out-of-home care.
"That is poverty, unstable housing, racism and lack of access to services," he said.
"On justice reform, we must acknowledge that deaths in custody and mass incarcerations are not accidents. They're outcomes of a system that needs deep systemic change. This is complex and sometimes painful, but necessary work."
While the Labor government — particularly Minister for Indigenous Australians Malarndirri McCarthy — has criticised punitive state and territory laws targeting First Nations children, concrete action has been limited to strongly worded statements urging compliance with the Closing the Gap agreement.
"The Australian Government is looking at what's occurring in the Northern Territory, but also across Australia. It is important that we see a reduction and end to deaths in custody," Senator McCarthy said on Friday.
Senator McCarrht acknowledged there may be heated debate among state and territory ministers on deaths in custody and youth crime laws, particularly after she was publicly criticised by the NT Chief Minister for supporting an independent inquiry into Mr White's death.
Asked whether the Commonwealth would consider overriding the NT's decision to lower the age of criminal responsibility, she said each jurisdiction holds its own responsibilities.
"My role as Indigenous Affairs Minister is to concentrate at the federal level on what's going on with First Nations people across Australia," Senator McCarthy said.
"It is alarming to see the high rates of First Nations people dying in custody."
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Despite holding considerable jurisdiction in the NT, the federal government has refused to intervene. Earlier this month, the Prime Minister ruled out federal involvement in the investigation into Mr White's death.
"I need to be convinced that people in Canberra know better than people in the Northern Territory about how to deal with these issues," the Prime Minister said earlier this month.
Last week, legal groups called for federal funding to be tied to transformative justice reforms — rather than limited to cultural awareness programs.
Independent Senator Lidia Thorpe echoed this, calling for a complete overhaul of the "failing" Closing the Gap framework.
"Instead of vague targets, the federal government could implement hard consequences when states and territories fail to make progress," she said.
Mr Wilson said governments had already made commitments to support Aboriginal organisations and work in genuine partnership, including by "dismantling systemic racism and working in genuine partnership".
He said funding for jurisdictions needs to be "tied to reform".
"It also means eliminating racism in policing, courts and corrections," he added.
M Wilson said meaningful progress needs more than intent, rather, it requires "genuine partnership, shared accountability and smarter funding models".
"We're hoping ministers who have come here today with more than good will, but with the real appetite for action on the National Agreement," he added.
