From First Contact to Custody: Cumulative Disadvantage, Discretion and Racialised Policing in the Overrepresentation of South Sudanese Australian Young People in Victoria's Youth Justice System
AfriSci Journal of Law and Policy · ISSN 3079-4730
DOI: https://doi.org/10.67418/afrisci.2026.7a9afdf4
Published: 2026-10-23
Abstract
South Sudanese Australian children and young people aged 10 to 24 were about 95 times as likely as other young Victorians to be held in youth justice custody in 2023/24, despite making up roughly half of one percent of the state population in that age group. This article presents a critical documentary analysis of the final report of the South Sudanese Australian Youth Justice Expert Working Group (2025) and the Victorian Government response (2026), read against the criminological and settlement literature. Using the READ approach to policy document analysis, all quantitative indicators were extracted, findings were coded thematically, and the 59 recommendations were mapped against government commitments. The evidence shows a disparity that widens at each decision point. South Sudanese Australian children were charged at their first alleged incident almost twice as often as a comparison cohort (44% against 23%), received a caution or warning in only 6% of incidents against 35%, and were more likely to receive custodial outcomes. Departmental modelling attributed 81% of the first charge disparity to factors it could not explain, including possible bias. Prior formal contact, rather than offence seriousness, predicted later charging, which is consistent with cumulative disadvantage. The government response funds a community hub and several prevention programs but makes no specific commitment on cautioning, removal of the prosecutorial veto over court diversion, or any of the 13 policing recommendations. Reform of front end discretion, independent oversight, and transparent, ethnicity based data are the most strongly supported priorities.
Keywords: youth justice; South Sudanese Australians; racial disparity; police diversion; cumulative disadvantage; refugee background youth