NSW Premier Chris Minns accused of 'devastating betrayal' of Indigenous kids

Chris Minns is accused of betraying Aboriginal children, with his proposal for tougher NSW bail laws labelled punitive and likely to increase the number of Indigenous youths behind bars.

The premier recently unveiled plans for tougher bail laws including a temporary, extra test for older children charged with certain serious offences while they are already before the courts.

Hundreds of legal practitioners, community workers, academics and Aboriginal organisations on Monday signed an open letter calling on the premier to ditch the plan, saying it will lead to more children in detention - particularly Indigenous kids, who are already over-represented in the justice system.

“Overwhelming, evidence by youth detention management, children’s commissioners, outside experts and young people points to the fact that youth detention does not work and, in fact, aggravates the traumas and behavioural issues that young people experience,” the letter says.

The signatories say the proposal is a betrayal of Closing the Gap commitments - signed by Mr Minns in February - to work in partnership with Indigenous organisations.

“This is a devastating betrayal of Aboriginal children and other vulnerable groups across NSW,” the letter says.

“This is a devastating betrayal of regional communities who want prevention measures not stunts.”

Most children in detention in NSW are on remand, meaning they are yet to be charged with an offence.

NSW Bureau of Crime Statistics and Research data shows more than half of the children in detention (54.8 per cent) in the 2023 September quarter were Aboriginal.

The number of Indigenous young people on remand in NSW rose by 84.4 per cent between September 2021 and September 2023.

Mr Minns says the changes are needed to address spiralling break and enter and car theft offences, particularly among young people.

The proposal includes a comprehensive package providing wraparound services, particularly for Indigenous youth, he said.

“To just do nothing on the criminal justice side, I don’t think would have worked and we would have seen even higher growth when it comes to those particular areas of people who are breaking the law,” he said.

But Karly Warner, Aboriginal Legal Service (NSW/ACT) chief executive, told AAP that putting more youths in jail would make crime worse in regional communities.

“Throwing more children in jail is going to lead to horrific outcomes for communities, families, and importantly, compound abuse and trauma for those children,” she said.

It would also “cause unspeakable damage” to Closing the Gap efforts to create a better future for Aboriginal children.

“It ignores decades of evidence on how to reduce youth crime, prioritising punishment over investment in the proven prevention strategies, which is only going to cause crime to get worse.”

NSW Greens MP Sue Higginson says evidence shows that when bail is denied to children they are more likely to become enmeshed in the criminal justice system.

“The proposed bail changes and new offences do not address concerns for improved community safety, they actually undermine the investment made by the government to resource the real solutions that will work,” she said in a statement.

The signatories are calling on the government to withdraw the tougher bail proposals and invest in local communities to support activities that engage at-risk young people.

They also want programs with appropriate referral services and community partnerships between police and Aboriginal-controlled services.

“As a society, we are judged on how we look after the most vulnerable within our communities and ... the NSW government is making it really clear that they believe the answer is to lock up more children,” Ms Warner said.

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