An increasing number of state and territory governments are enacting laws which will see children as young as ten spend time in jail, as data reveals almost two-thirds of all young people in detention are Indigenous.

One of the recommendations from the Royal Commission into Indigenous deaths in custody was for First Nations people only to be incarcerated as a last resort. Furthermore, experts have long pointed out that early contact with the criminal justice system exacerbates long-term criminal behaviour, in turn making the community less safe.

Nevertheless, over the last 12 months, jurisdictions across the country - from both sides of government - have given in to political pressure to enact "kneejerk" and punitive laws that have lowered the age of criminal responsibility, removed bail as a last resort, and introduced adult sentences for children.

Earlier this month, Victoria, regarded by many as Australia's most progressive state, wound back bail laws introduced because of the death of Indigenous woman Veronica Nelson, with Premier Jacinta Allan admitting more people would be held on remand - directly contradicting the state's commitment to Closing the Gap.

"We are seeing more and more state and territory governments prioritising looking tough rather than implementing evidence-based policy that will make communities safer," National Aboriginal and Torres Strait Islander Legal Services (NATSILS) chair Karly Warner says.

"How many lives will be destroyed before Premiers and Chief Ministers across the country realise that locking up children has never worked anywhere?"

Data released late last week by the Australian Institute of Health and Welfare (AIHW) found on average, First Nations young people entered youth justice supervision at a younger age than non-Indigenous young people.

In 2023-24, 65 per cent of those aged 10–17 in detention were Indigenous.

In Queensland, where the government has suspended the Human Rights Act three times in less than two years, the rate of Indigenous children under youth justice supervision is 22 times higher than non-Indigenous children with First Nations children almost 26 times more likely to be in detention.

Last week, the government rejected all recommendations from a review of the state's Human Rights Act led by human rights lawyer Susan Harris-Rimmer. They included the government ban exemptions to the rights of children to be held in adult watch houses or in cells with other inmates.

The government has used their "adult crime, adult time" law to have children face the same sentences as adults in several crimes - including life imprisonment - as well as criminalising breach of bail.

In the NT, the new CLP government has lowered the age of criminal responsibility from 12 to 10 and has reintroduced the use of spit hoods, despite multiple investigations and royal commissions calling for their abolition.

The Premiers and chief ministers have all celebrated these new laws, actively arguing they have a mandate to do so in a bid to curb youth crime - real or implied.

Ms Warner said locking children up puts them on the fast track to a life of crime and suffering.

"We know throwing a child in prison makes them more likely to become trapped in an ongoing cycle of crime and imprisonment, which only harms our communities," she said.

"The refusal of governments to listen to the evidence shows there is a profound lack of understanding of the issues Australian communities face at the highest levels of Government."

Governments across the country have routinely ignored advice on children being incarcerated, which has come from medical, human rights, legal and Indigenous groups.

In Victoria, the government seemingly bowed down to attacks from the Herald Sun newspaper and commercial radio station Fox 101.9, with one insider telling National Indigenous Times the optics of crime on the front of the paper was too big to ignore.

National Children's Commissioner Anne Hollonds said more than one politician had told her there were no votes in children when asked why they wouldn't implement changes, with the PM using his pre-election appearance on Fox 101.9 to say he agreed with Victoria's new laws.

Unlike sentenced individuals, many on remands receive no treatment or rehabilitation plan. More than one barrister has told National Indigenous Times children in the NT serve longer on remand than they would for any sentence, let out after sentencing with time served.

"We are pleading with all state and territory governments to listen to the experts –organisations that work on the ground with our communities will be the first to tell you that throwing more children in prison will make communities more dangerous," Ms Warner said.

Mirroring the calls from experts, Ms Warner said investment in community-led supports and services would lead to children being kept away from the criminal justice system, arguing it "is the best way to strengthen our communities and keep them safe".

"State and territory governments across the country need to re-think what outcomes they want for their constituents – the decisions you make will have lasting impacts for generations to come," she said.