Psychiatrists say proposed changes to Youth Justice laws, including reinstating spit hoods and removing detention as a last resort, entirely contradict evidence on youth justice reform and violate Australia's human rights obligations. 

The United Nations Subcommittee for the Prevention of Torture has condemned the use of spit hoods as a they are a form of torture and are cruel, inhuman and degrading treatment which poses a threat to the safety of children in detention. 

RANZCP President Dr Astha Tomar said the NT Government’s proposed changes were a "catastrophic step backward" that would disproportionately affect First Nations Australians, who are overrepresented in the youth justice system, and cause life-long trauma and harm.  

"As frontline mental health practitioners who witness the devastating trauma of detention in youth very often, we cannot stand by while the most vulnerable children in our community are subjected to practices banned as torture under international law," Dr Tomar said. 

"Children who are accused of committing or commit crimes often come from backgrounds of severe trauma, poverty and social disadvantage. They have higher rates of neurocognitive impairment and mental health conditions than other children. 

"If we truly want to stop re-offending and ensure community safety, the evidence is crystal clear: youth incarceration will only increase crime rates. Treating the underlying drivers of crime through community-based interventions and mental health justice diversion works – torture doesn't." 

RANZCP's submission to the Senate Inquiry into Australia's youth justice and incarceration system highlighted overwhelming medical evidence that youth detention causes lasting psychological damage, particularly to First Nations children who comprise 95% of those incarcerated in the NT. 

Research highlights alarming recidivism rates, with 85% of individuals under supervision in detention aged from 10 to 14 returning to or continuing under supervision from ages 15 to 17. 

The harm caused by the NT Government’s tough on crime agenda is already evident - recent ABC reports show nearly 400 Indigenous children were held in NT police watch houses over six months, with 19 self-harm incidents recorded, including cases involving children as young as 13. 

The RANZCP urgently calls on the NT Government to: 

• Immediately abandon plans to reinstate spit hoods as these torture devices cause significant harm to children and staff and increase the risk of death.
• Maintain detention as a last resort principle as removing this safeguard will harm children and the evidence shows it will be counter- productive.
• Invest in proven Indigenous-led diversion programs that address the root causes of youth offending by providing culturally safe mental health care.
• Raise the minimum age of criminal responsibility to 14 years to align with medical consensus and international standards.

The financial cost of youth detention is 300% higher than community supervision, while research shows it is ineffective in reducing young people’s interaction with the justice system and community safety. 

"The overwhelming weight of evidence, expert reports, and international human rights bodies have condemned the use of spit hoods on children in detention," Dr Tomar said.  

"We have consistently advised governments that punitive approaches to youth justice are ineffective and harmful to children and communities. 

“Addressing the underlying drivers of crime, including domestic violence, mental health conditions, and homelessness, will increase community safety and reduce crime rates. This is what Territorians have been asking for and the CLP government has promised to deliver.  

“The RANZCP strongly urges the government to abandon these changes immediately and pursue evidence-based alternatives that actually work for everyone,” Dr Tomar said. 

For all other expert mental health information visit Your Health in Mind, the RANZCP’s consumer health information website. 

ENQUIRIES: For more information, or to arrange an interview call Dishi Gahlowt on +61 437 315 911 or email media@ranzcp.org.  

The Royal Australian and New Zealand College of Psychiatrists is a membership organisation that prepares medical specialists in the field of psychiatry, supports and enhances clinical practice, advocates for people affected by mental illness and advises governments and other groups on mental health care. For information about our work, our members or our history, visit www.ranzcp.org. 

In Australia: If you or someone you know needs help, contact Lifeline on 13 11 14 or www.lifeline.org.au or the Suicide Callback Service on 1300 659 467 or www.suicidecallbackservice.org.au. 

In New Zealand: If you or someone you know needs help, contact Lifeline NZ on 0800 543 354 or www.lifeline.org.nz or the Suicide Crisis Helpline on 0508 828 865 or www.lifeline.org.nz/suicide-prevention.