Principles of youth detention
The 2 main principles upon which the Australian youth justice system is based, and which are incorporated in state and territory legislation, are that young people should be detained only as a last resort and for the shortest appropriate period (Chrzanowski and Wallis 2011). This is consistent with international guidelines, such as the United Nations Convention on the Rights of the Child and the Standard Minimum Rules for the Administration of Juvenile Justice (UN 1985, 1989).
Diverting young people from further involvement in the justice system is crucial to applying these principles. Forms of diversion include:
- police warnings
- referral to services such as drug and alcohol treatment
- bail supervision for those at risk of remand
- youth justice conferencing.
Alternatives to detention include:
- transfer to specialist courts or programs
- supervised or unsupervised community orders.
As a result, most young people under supervision in Australia are supervised in the community.
On an average day in 2023–24, just over 4 in 5 young people under supervision were supervised in the community, and 1 in 5 were in detention. Of those who were under supervision, half spent time in detention at some point during the year (AIHW 2025).
In December 2024, Queensland passed the Making Queensland Safer Act 2024 which, among other things, removed youth justice principle 18 (detention as a last resort) from the Youth Justice Act 1992. The Making Queensland Safer Act also strengthened penalties so youths committing serious offences such as murder, manslaughter, grievous bodily harm and unlawful possession are liable to the same mandatory, minimum and maximum penalties as adults.
In July 2025, the Northern Territory passed the Youth Justice Legislation Amendment Bill 2025 which removed the principle of ‘detention as a last resort’ and reinstated spitting and other serious offences as grounds for stronger penalties, such as imprisonment. Amendments were also made to the Youth Justice Regulations 2006 to classify more offenses as “serious”, limiting eligibility for justice diversion programs.
AIHW (Australian Institute of Health and Welfare) (2025) Youth justice in Australia 2023–24, cat. no. JUV 145, AIHW, Canberra.
Chrzanowski A and Wallis R (2011) ‘Understanding the youth justice system’, in: Stewart A, Allard T and Dennison S (eds), Evidence based policy and practice in youth justice, Annandale: The Federation Press, 7–27.
UN (United Nations) (1985) United Nations Standard Minimum Rules for the Administration of Juvenile Justice (The Beijing Rules), New York, USA: United Nations, viewed 8 September 2023.
UN (1989) Convention on the Rights of the Child, New York, USA: United Nations, viewed 8 September 2023.