Let’s stand back for a moment and look at situation in the Northern Territory to find out why, so that we may better understand why Mr Turnbull’s scheme will fail the young. The NT has the highest rate of youth detention in Australia. It locks children up at almost five times the national average. Last week’s Four Corners episode also revealed that cruel, inhuman and degrading treatment is endemic in its principal youth detention facility. 

Stripping, hooding, tear gassing, holding young people in solitary confinement, or restraining them in chairs are all inexcusable practices. 

As Ruth Barson, director of Legal Advocacy at the Human Rights Law Centre said, “The Northern Territory is, without a doubt, in breach of its human rights obligations under the Convention against Torture and mistreatment; and the Convention on the Rights of the Child. Human rights law is clear. Everyone, and in particular children, should be protected from, rather than subjected to, this type of abuse.”

All evidence shows the Territory’s youth justice system is sub-standard: the main youth detention facility is a decommissioned adult prison; poor treatment is rife; Alice Springs doesn’t have an adequate youth court; pre-trial detention is over-used; young people are over-policed; education is under resourced; meaningful treatment and reintegration programs are virtually non-existent; and culturally relevant diversion programs are few and far between.

Put simply, the Northern Territory’s youth justice system is not meeting the basic, minimum international standard: that it operates in the best interests of children. 

The problem is compounded when we consider the fate of the children of our First Peoples. Aboriginal young people constitute more than 95 per cent of the youth detention population in the Northern Territory. And nationally, Aboriginal and Torres Strait Islander young peoples’ over-imprisonment is also at crisis point. Aboriginal children are more likely to be arrested, detained, charged and sentenced. These children have often experienced abuse and trauma before entering the justice system. Unfortunately, though several human rights groups and Aboriginal advocacy organisations have criticised the narrowness of the Royal Commission, the Opposition announced bipartisan support. Its only criticism originally was to say that it shouldn't be limited to the issues at Don Dale, and should address systemic issues in the justice system that spread across Territory prisons.

The Greens spokesperson on Aboriginal and Torres Strait Islander Affairs, Senator Rachel Siewert, thankfully could see the ugly reality, saying "Abuse and neglect of children in youth detention in the Northern Territory is appalling and devastating, it will have lifelong impacts on these young people. It is highly likely that this is not an isolated incident and reflects a culture of detention in the Northern Territory. It is no wonder that we don't see progress in closing the gap in these circumstances.

Indeed, all governments in Australia must recommit to reducing the incarceration rates of Aboriginal and Torres Strait Islander people, both children and adults, and ensure there is a genuine plan for closing the disadvantage gap.