Calls to Government
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Closing the Gap (CTG)
AbSec maintains that the National Agreement on Closing the Gap cannot be achieved without governments committing to genuine partnership with Aboriginal and Torres Strait Islander communities at all levels of government. Target 12 and Target 13 of Closing the Gap requires government to work with Aboriginal and Torres Strait Islander peoples to address the severe over-representation of our children and young people in the child protection and youth justice systems.
NSW continues to record the highest rates of Aboriginal and Torres Strait Islander children and young people in out-of-home care (OOHC) and the youth justice system, with more than 6,000 Aboriginal children currently in OOHC and continued disproportionate representation in youth detention.
AbSec is committed to Closing the Gap work with government to eliminate this over-representation by strengthening Aboriginal involvement in all decisions that affect our children and young people. AbSec calls on government to adequately fund and resource Aboriginal Community-Controlled Organisations (ACCOs) and communities to deliver culturally safe prevention, early intervention and reunification services.
Raise the Age
As the NSW peak body for Aboriginal and Torres Strait Islander children and families, AbSec opposes the criminalisation and incarceration of children as young as 10 years old. Children of this age belong in safe, loving homes within their communities and should have access to education, healthcare, and extracurricular activities that support healthy development.
Children aged 10 fall within a key developmental stage (6–12 years), where cognitive and hormonal development is still emerging, during this time and at all stages of development, children need to be cared for. Early criminalisation causes harm that lasts a lifetime.
Data from the Australian Institute of Health and Welfare (2023) shows that Aboriginal and Torres Strait Islander children aged 10–17 are 29 times more likely to be incarcerated than non-Indigenous children. Many children are held in custody for alleged offences, without a court date, conviction, or for matters that would not normally result in a custodial sentence. AIHW reporting also highlights the significant financial costs of youth incarceration compared to community-based supports and interventions.
AbSec believes the age of criminal responsibility should be raised to at least 16, due to the severe long-term impacts of incarceration, including mental health issues, housing instability, limited employment outcomes, and increased likelihood of re-offending.
AbSec is working with partners, including the Justice and Equity Centre, the Aboriginal Legal Service (ALS) and other organisations to advocate for change, noting that the continued criminalisation of our children directly undermines progress on Closing the Gap.
Accountability
AbSec believes the NSW Government must adopt strong and culturally informed accountability mechanisms for decisions affecting Aboriginal and Torres Strait Islander children, young people and families.
Ongoing discrimination, systemic oppression, oversurveillance, and inequity across government systems continue to produce poor outcomes and fail to Close the Gap.
AbSec is advocating for:
- NSW Child Safety and Wellbeing Commission
Countless reports and inquires have confirmed that existing accountability mechanisms in the NSW child protection system are not adequate, effective or coordinated.
A NSW Children’s Commission would consolidate existing regulatory and oversight functions – currently scattered across the NSW Office of the Children’s Guardian, the NSW Ombudsman and the NSW Advocate for Children and Young People – into a single independent body. It would also add new functions to ensure effective oversight and accountability of the child protection system.
A NSW Children’s Commission would be the first of its kind in the country. The establishment of a Commission is an opportunity for the NSW Government to lead.
- NSW Commissioner for Aboriginal and Torres Strait Islander Children and Young People
A NSW Commissioner for Aboriginal Children and Young People would look at all government systems and services, but specifically on behalf of Aboriginal and Torres Strait Islander Children. A Commissioner’s mandate covers not only the child protection system but also systems such as health, housing and education. Many other states and territories in Australia already have dedicated Commissioners for Aboriginal Children and Young People.
A Commission and a Commissioner are complementary, and the NSW Government could implement these reforms simultaneously. A Commission and a Commissioner could work independently and together to improve outcomes for children and strengthen accountability of systems that affect the rights and interests of children across the state.
AbSec also calls on government to implement Key Performance Indicators (KPIs) for DCJ caseworkers on compliance with:
- the Aboriginal and Torres Strait Islander Child Placement Principles
- the Aboriginal Case Management Policy (ACMP)
Self-Determination Requires Aboriginal Community-Led Governance
AbSec affirms that self-determination can only be achieved when Aboriginal communities hold full authority over the decisions, systems, and supports that affect their children and families.
Self-determination is a human right, recognised under the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Aboriginal peoples must be able to make decisions about the care and wellbeing of our own children and young people.
AbSec advocates for government to recognise this right by transferring authority to Aboriginal community-led governance structures, including:
- Aboriginal Community Controlled Mechanisms (ACCMs)
- Aboriginal Community Controlled Health Organisations (ACCHOs)
- Aboriginal-led Commissioning processes
- Aboriginal Community Controlled Organisations (ACCOs)
These structures ensure decisions are grounded in culture, community, and accountability to Aboriginal and Torres Strait Islander families.
