The Albanese government has rejected key United Nations recommendations aimed at improving outcomes for Aboriginal and Torres Strait Islander people, including calls to raise the age of criminal responsibility, implement the UN Declaration on the Rights of Indigenous Peoples (UNDRIP), and introduce a national human rights act.
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Last week, this masthead reported on internal government documents detailing federal talking points used to resist calls to raise the age of criminal responsibility, despite legal advice arguing the Commonwealth has constitutional power to legislate.
The advice, obtained last year by the Justice and Equity Centre from barristers Kate Eastman AM SC and Emma Dunlop, concluded the Commonwealth could intervene under section 51(xxix) of the Constitution to meet Australia’s international human rights obligations.
The documents reveal the government refusing to engage on the advice whilst simultaneously arguing that criminal justice is the remit of states and territories.
