The overrepresentation of Indigenous children in the criminal justice system “reflects systemic and structural racial discrimination”, the United Nations has said.
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In response, a government spokesperson said “only states and territories can set justice policies” and that “where we can, we are working to support early intervention diversion and, importantly, reduce recidivism”.
That position appears to contradict legal advice obtained last year by the Justice and Equity Centre from barristers Kate Eastman AM SC and Emma Dunlop, which found the Commonwealth could intervene under section 51(xxix) of the Constitution to meet its international human rights obligations.
