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Legislative Council - Fifty-Fifth Parliament, First Session (55-1)
2025-09-03 Daily Xml
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Youth Justice Reforms

The Hon. J.S. LEE (14:48): I seek leave to make a brief explanation before asking a question of the Minister for Aboriginal Affairs regarding youth justice reform.

Leave granted.

The Hon. J.S. LEE: On 18 August 2025, the National Indigenous Times reported that South Australia's proposed legislation targeting street gangs has drawn strong criticism from legal and Indigenous advocacy groups, including the Aboriginal Legal Rights Movement and the National Aboriginal and Torres Strait Islander Legal Services. The article highlights concerns that the draft bill would allow police to impose control orders on children as young as 10, based on clothing, associations or unproven allegations.

Critics argue that this undermines the presumption of innocence, and the Law Society has also raised concerns that the proposed legislation could disproportionately criminalise Indigenous and vulnerable children and that it should include adequate safeguards so that children are not unreasonably criminalised. My questions to the minister are:

1. Can the minister outline which Aboriginal organisations were consulted in the drafting of this legislation and what safeguards are in place to address the Law Society's concern that the proposed government legislation could disproportionately criminalise Indigenous and vulnerable children?

2. In addition, can the minister also explain: how does the government justify allocating $3 million to youth rehabilitation while simultaneously introducing legislation that may increase youth incarceration rates, particularly among Aboriginal children?

The Hon. K.J. MAHER (Minister for Aboriginal Affairs, Attorney-General, Minister for Industrial Relations and Public Sector, Special Minister of State) (14:50): There are a number of questions in the honourable member's contribution. In relation to consultation, the honourable member mentioned the Aboriginal Legal Rights Movement, who were certainly consulted and who provided valuable feedback in relation to the proposed legislation. Also, the State Voice was consulted and also provided very valuable feedback in relation to draft legislation. I have given notice today that I will be introducing legislation tomorrow, and I will outline some of that in my second reading speech. I commend that to the honourable member, as that will go through some of the changes that have been made as a result of that consultation.

In relation to a specific question the honourable member asked about the ability for a control order based on someone's clothing, I think that stemmed from a very fundamental misunderstanding of how this law works. There was never an ability for a control order to be placed on what someone wears. That has never been a part of the bill, and it won't be when it is out for consultation. It's not part of anything that will be introduced to parliament.

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