Mistreatment in juvenile detention centres across Australia remains a pervasive problem. Additionally, it raises urgent concerns about the rights and well-being of vulnerable young people.
Recent data shows a dramatic increase in youth detention, particularly for Indigenous children, despite laws intended to protect children and promote rehabilitation over punishment. Reports continue to surface regarding excessive use of isolation, unlawful restraints, inadequate mental health care, and arbitrary searches.
Systemic Failures and Overrepresentation of Indigenous Youth
Government reports and advocacy groups document alarming trends:
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Youth detention rose 34% since 2023: According to the NSW Bureau of Crime Statistics and Research (BOCSAR) June 2025 Media Release, NSW youth detention numbers increased from 175 in June 2023 to 234 in June 2025, an increase of 34%.
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Nearly 60% of detainees in NSW are Indigenous, although they represent less than 10% of the population: As BOCSAR reports, Aboriginal youth represent about 60% of the youth detention population despite making up only around 8% of the NSW youth population.
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Many are held on remand, not convicted of any crime, and experience harmful environments driving long-term trauma and reoffending: Nearly three out of four children in NSW youth detention are held on remand, awaiting court outcomes and not convicted.
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First Nations youth are 24 times more likely than non-Indigenous youth to be detained and often face harsher, less rehabilitative conditions: National statistics show Aboriginal and Torres Strait Islander young people are detained at rates 21 times higher than non-Indigenous peers; in NSW the ratio is about 16:1.
Aboriginal Youth Unlawfully Detained and Segregated
Our recent successful civil claim for a client highlights both the extreme mistreatment and the legal solutions available to victims.
Dan*, an Aboriginal youth with complex mental health needs, was detained in several NSW juvenile justice centres and unlawfully subjected to extended solitary confinement, handcuffing, and repeated strip searches.
Sometimes, he was left alone for days in small, dark rooms and given cold meals without cutlery. These actions breached the Children (Detention Centres) Act 1987 (NSW), associated regulations, and international human rights standards. Dan was never convicted of any offense warranting such treatment.
O’Brien’s civil team argued that these measures constituted false imprisonment, assault, and battery. The case resulted in a confidential settlement against the State of New South Wales, securing compensation for the extensive harm suffered by Dan and formally recognising the rights and dignity owed to all children in custody.
This case underscores the importance of legal advocacy for vulnerable Aboriginal youth and the necessity of holding detention authorities accountable for breaches of law and human rights.
Read the full Case Study here.
Legal Remedies for Mistreatment
Victims of juvenile detention mistreatment and their families may seek:
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Civil compensation against authorities for unlawful detention, physical and psychological harms, and breaches of duty of care.
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Expert representation for matters such as excessive restraint, extended isolation, procedural abuses, and discrimination.
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Advice and “no win, no fee” options for suitable claims on youth justice mistreatment.
How O’Brien Criminal & Civil Solicitors Can Help
Our specialist lawyers offer:
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Confidential consultations for juveniles and families affected by detention mistreatment.
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Proven expertise in challenging government authorities, securing compensation, and driving reform in the youth justice system.
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Ongoing client support and strategic litigation to uphold the rights of young people nationwide.
If unlawful detention or mistreatment has affected a child or loved one, contact O’Brien Criminal & Civil Solicitors today for advice, representation, and the first step toward justice and accountability.
Abuse, Isolation, and Legal Breaches
Juvenile detention centres routinely impose prolonged solitary confinement, physical restraints, and arbitrary strip searches, practices that aggravate mental health issues and violate key protections under the Children (Detention Centres) Act 1987 (NSW) and international human rights conventions.
Detainee Risk Management Plans (DRMPs), intended to protect, are often used as blanket justification for harsh measures, especially against Aboriginal youth.
Legal Remedies and Advocacy
Victims of mistreatment in juvenile detention can seek justice through compensation claims for physical and psychological harm, breaches of duty of care, and rights violations.
O’Brien Criminal & Civil Solicitors specialises in youth justice mistreatment, offering free consultations, expert advice, and “no win, no fee” arrangements for suitable cases.
Take Action and Get Expert Help
If unlawful treatment or detention has affected a young person, especially Aboriginal youth, contact O’Brien Criminal & Civil Solicitors for immediate legal advice and advocacy. With a proven record and deep commitment to justice, the firm stands ready to guide clients toward proper compensation and systemic reform.
Our highly experienced lawyers can help you receive the justice and defence you deserve. To contact one of our dedicated lawyers please call (02) 9261 4281, email or submit your details using the online form below.
