20 Nov Why Punishing Kids Doesn’t Work—and What Does
A new national report calls for earlier, evidence-based action to keep vulnerable children safe, supported, and out of the justice system.
What if the key to preventing youth crime wasn’t tougher punishment, but better care, earlier on? A new report from the Australian Human Rights Commission reveals that many children who end up in trouble with the law have unmet needs — and that helping them “way earlier” makes communities safer for everyone.
A call to act before kids reach crisis point
The report, Evidence-based approaches to child justice, builds on the National Children’s Commissioner’s landmark 2024 paper Help Way Earlier!, which was tabled in Parliament earlier this year. Together, these reports argue for a shift in how Australia responds to children at risk — from punishment to prevention.
Drawing on case studies from Australia, Scotland, the United States, the Netherlands, and Spain, the new report shows how early intervention, family support, and community-based services can change a child’s life trajectory.
What actually works
The evidence is clear: programs that strengthen family and cultural connections, address trauma and disability, and keep children engaged in school work better than locking them up.
National Children’s Commissioner Anne Hollonds says Australia’s current system is still too focused on punishment — despite decades of research showing it doesn’t reduce crime.
“Harsh punishment of children with disabilities and unmet needs just leads to more vulnerable kids being locked up for longer,” she says. “It doesn’t make communities safer anywhere in the world.”
Instead, the report highlights approaches that have been proven to work — such as therapeutic, community-based programs that provide health, education, and social support in one place.
When care replaces punishment
Many international examples show how a coordinated response—across health, education, welfare, and justice—can prevent problems before they start. Children who receive early help for mental health issues, family stress or learning difficulties are far less likely to reoffend later in life.
“Crime by children is often a symptom of unmet needs,” Hollonds says. “Protecting their rights, safety and wellbeing doesn’t get in the way of community safety—it’s actually the most effective way to achieve it.”
A chance for real change
The report comes as a new Senate Inquiry examines whether Australia’s youth justice system is breaching children’s rights under international law. Hollonds hopes her final report will spark real reform and make child wellbeing a national priority.
“Our lack of success isn’t because we don’t know what works,” she says. “It’s because we haven’t acted on it.”
The full report, Evidence-based approaches to child justice, is available now on the Australian Human Rights Commission website.
