This is the Aboriginal Legal Service (NSW/ACT) Ltd's submission to the Australian Human Right Commission's investigation into youth justice and child wellbeing. It provides views on opportunities for effective reform of youth justice and related systems, to protect the rights and wellbeing of Aboriginal children. 

Aboriginal Legal Service (NSW/ACT), ALS Submission - Youth Justice and Child Wellbeing Reform (Submission, 30 June 2023)

The law places limits on how police operate. Within those limits, police have a large amount of discretion about how they act. The way police use their discretion shapes people’s experiences with the criminal legal system and has been repeatedly linked to the over-representation of Aboriginal people in custody.

Police discretion

Diversions are options that police can use to prevent people from entering or continuing in the criminal legal system. Law and policy place some conditions on when diversions can be used. Police also have discretion about whether to use diversions. Research shows that diversions are underused for Aboriginal people, especially...

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Aboriginal Legal Service (NSW/ACT), ALS Submission - Youth Justice and Child Wellbeing Reform (Submission, 30 June 2023)

Police discretion

Policing and diversions