Federal responsibilities

18.6 The Commonwealth has direct responsibility for young federal offenders. These young offenders are dealt in accordance with procedures laid down under the Crimes Act 1914 (Cth) (Crimes Act) usually by State or Territory police and courts.^[15]

18.7 Offences for which a young person may be charged under the federal Crimes Act include destroying or damaging federal Government property (such as telephone boxes),^[16] stealing federal Government property,^[17] hacking into a federal Government computer^[18] or trespassing on federal land.^[19] Young people may also be charged with crimes, such as social security fraud, under other federal legislation.^[20] Only a small minority of young people who come into contact with the criminal law are federal offenders.^[21]

18.8 As well as its specific responsibility for young federal offenders, the Commonwealth has assumed responsibilities relevant to juvenile justice processes under international instruments. Articles 37 and 40 of CROC set down principles for the treatment of young suspects and offenders and require States Parties to develop and maintain a separate juvenile justice system. In addition, the UN Standard Minimum Rules for the Administration of Juvenile Justice 1985 (the Beijing Rules) and the UN Rules for the Protection of Juveniles Deprived of their Liberty 1990 set out detailed principles regarding the treatment of juveniles by law enforcement agencies and in detention.^[22]

18.9 The Commonwealth has an important role in assisting to develop national standards for juvenile justice that reflect Australia’s international obligations, are effective in promoting rehabilitation, impose appropriate penalties and ensure due process.^[23] National standards for juvenile justice should be reflected in uniform legislative provisions. Compliance should be monitored comprehensively by the OFC.^[24] This approach to juvenile justice would be consistent with that recommended in the Beijing Rules.^[25]

18.10 Many community organisations and peak bodies support the proposed national standards for juvenile justice.^[26] A number of State and Territory authorities consider that implementation and monitoring of the standards should be left to the States and Territories so that they can be adapted effectively to local conditions and policies.^[27] The national standards for juvenile justice should set the framework, require best practice and establish benchmarks for performance. They should allow flexibility within this framework for particular appropriate local variations in practice. However, they should not permit local variations that breach human rights commitments. The process recently used to develop the Design Guidelines for Juvenile Justice Facilities in Australia and New Zealand may be a useful consultation model for the national standards for juvenile justice subject to recommendation 256.^[28]

18.11 Some of the matters that the Inquiry considers should be included in the national juvenile justice standards are canvassed in the rest of this chapter.