Senator Lidia Thorpe has urged immediate federal intervention into the child prison system, after a 17-year-old boy died overnight in Banksia Hill youth detention centre in Western Australia.

The young person's death is the second in WA's youth detention system in less than a year, after Yamatji boy Cleveland Dodd died in Unit 18 in October 2023.

Senator Thorpe noted that news of the child's death emerged hours it was revealed a 34-year-old Indigenous man died Thursday morning in the ACT's Alexander Maconochie Centre.

"My heart goes out to this boy's family and community. He should never have been in that cruel place. I'm standing with you and will fight with you for answers and justice," she said.

"It's outrageous that the Premier in his press conference described this boy's death as 'unfortunate' and said he has 'more confidence than ever before' in this system.

"How can he say that just hours after a young person has died? It's a shocking abrogation of responsibility."

The Gunnai, Gunditjmara and Djab Wurrung independent Victorian Senator said: "These deaths are entirely avoidable, and the WA and federal governments are responsible."

"It shows that this Premier, like all governments, refuses to take responsibility for the systems they've built that are killing our children. We're already seeing the victim blaming that we have become so used to," she said.

Senator Thorpe urged federal intervention into the system, saying federal leadership and a strong national framework is needed.

She said state and territory governments must move to close children's prisons, in favour of evidence-based alternatives focused on care and wellbeing.

Earlier this month, National Children's Commissioner, Anne Hollands presented a review of the youth justice system in Australia, noting: "What I saw and heard is evidence of the most egregious breaches of human rights in this country."

In her report, Commissioner Hollands also called for a national approach to reform, focused on the human rights of children, noting compliance with Australia's human rights obligations is a federal responsibility.

Other advocates including Indigenous human rights expert and member of the UN Permanent Forum on Indigenous Issues Dr Hannah McGlade and Indigenous Human Rights Commissioner Katie Kiss, have called for the integration of international human rights protections into Australian domestic law.

Senator Thorpe noted that across Australia, youth detention facilities have come under fire for human rights abuses in recent months, as the NT, Queensland and Victorian governments have moved away on previous commitments to reform.

Senator Thorpe said she wrote to the Attorney General's office in February about the human rights violations taking place in child detention facilities across the country, but has not received a reply.

"Their failure to act over decades has led to this, and will lead to more deaths if serious action isn't taken. We must stop putting children into these brutal prisons. Shut them down," she said.

"Advocates have been calling for the federal government to lead a national approach to justice reform, like they do in other issues like environment and disability, but the government has failed to act.

"This is not about a few bad jurisdictions or a few bad facilities. This is a national crisis. The federal government cannot sit back and watch as more children are horrifically abused and killed in prison."

Senator Thorpe said he was "furious" at the inaction.

"I've raised these issues so many times with the Albanese government, and they just shrug their shoulders and say it's up to the states. I raised deaths in custody with the Attorney General and was shouted down by him," she said.

Commissioner Brad Royce said on Friday the boy identified as Indigenous. National Indigenous Times understands the boy's stepfather is Indigenous.

"I am calling on the Prime Minister, the new Indigenous Australians Minister, and the Attorney General to act now. They need to reign in the states who are abusing and killing our children. ​​​​​​This is part of the ongoing genocide against our people.

"The federal government needs to work with First Peoples, and the health and community sectors, to create strong federal frameworks that hold the states and territories accountable and stop the abuse. They need to prioritise care, wellbeing and rehabilitation for children."

The independent senator said "the era of prisons, surveillance and policing of children" must end.

"We must imagine a different future our children, one based in care. For decades we've been calling out for change, but just like prison guards ignore the calls of children, government's ignore the calls of grieving mothers and communities to finally take action on deaths in custody," she said.

"It's time for action."

A spokesperson for the federal Attorney-General told National Indigenous Times the federal government "extends its sincere condolences to the family, friends and community at this very difficult time".

"First Nations people are over-represented at every point in the judicial system and every death in custody continues to have a devastating impact on First Nations families and communities," they said.

"While state and territory governments are primarily responsible for criminal justice systems, the Australian government is showing national leadership on this important issue... (and) is committed to reform that will enable First Nations communities to establish locally led initiatives that address the underlying causes of incarceration including a landmark Justice Reinvestment program for up to 30 local communities – for a community-led approach to prevent First Nations kids and adults from coming into contact with the criminal justice system in the first place.

"Across WA, five organisations have been selected to deliver justice reinvestment in their communities. The Attorney-General continues to work with state and territory governments on First Nations justice issues including through the Standing Council of Attorneys-General and Police Ministers Council."

Note: The original version of this report said the youth who lost his life was Indigenous. According to Commissioner Brad Royce, the boy identified as Indigenous.