Cyrus was ordered to drink from his cell toilet in the New Zealand youth justice system, revealing a broader issue

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Warning: some readers may find the themes in this article distressing.

Cyrus (not his real name) has just turned 17. He has spent much of the past six years in detention.

Recently released, he is matter-of-fact about his experiences in a system which, he says, is getting tougher for young people.

“I seen everything changed now from somewhere like 2020, since when I first went in,” he told Living Black.

Cyrus was 12 years old at the time. He says children in detention are “treated like adult[s].”

“If we make one mistake, they’d be putting the knee on us, chucking us in the room.

“And that’s why some of them kids got really angry,” Cyrus says.

Complaints include being encouraged to drink toilet water

Cyrus is one of several boys and young men who met with Living Black to recount their traumatic experiences of detention.

All offered damning accounts of the Northern Territory’s changing youth justice system.

Some, like Cyrus, were brave enough to tell their stories on camera.

Theirs is a shamefully familiar account of violent prejudice at the hands of those charged with their protection and rehabilitation.

“Every time I was asking for water … they [told me to] drink the toilet water, and I was like, ‘nah, we’ll just leave it for tomorrow, ’cause that was actually a little bit racist,'” Cyrus recalls.

“They was like, ‘Nah … look, you got your own water toilet-sink.’

“I [asked] ‘Are you being racist to me ’cause I’m Black?’

“And they was like, ‘Nah, that’s the water.’

“And I … start yelling and I start beating the door. I got a bit angry.”

The Department of Corrections told Living Black that there is 24- hour access to drinking water, describing newer facilities with separated toilets and sinks.

(The full statement can be found here.)

But complaints have been reported detailing ‘inhumane conditions’ at older facilities, including overcrowded watchhouses, where sinks are situated directly above shared toilets that are often blocked.

Living Black put these claims to the Northern Territory Children’s Commissioner, Shahleena Musk.

“Sadly, that is some of the experiences that young people spoke about in the Royal Commission, and it’s really disheartening to hear that we’re seeing this in 2025,” Commissioner Musk said.

The 2016 Don Dale Royal Commission was triggered by revelations of abusive treatment of detainees, including the use of tear gas and restraints like spit hoods.

It made headlines around the world and resulted in recommendations for systemic reform that prioritised therapeutic rehabilitation.

Complaint submitted to United Nations

In April, a racial discrimination complaint was lodged with the United Nations over Australia’s youth justice policies, alleging systemic human rights violations against children as young as 10.

Advocates have told Living Black that it is the new “regressive” laws and policies of the Northern Territory are leading a national race to the bottom.

“I’ve seen a real regression across the NT and seeing more children being harmed by their experiences with this system,” Commissioner Musk says.

“The NT has the highest detention rate in the nation on any given day. 94 per cent to 100 per cent of children in custody are Aboriginal children.”

In the NT, proportionately more children are being locked up, and for longer.

“We are regressing when it comes to closing the gap targets. We’re failing to meet national and international standards and commitments.

“And we’re failing to protect and promote the rights of really vulnerable children who are being catapulted through this system.”

No apologies

Arrest rates have surged, remand times are getting longer, and the total prison population has swelled to 2811 – with 90 per cent identifying as Aboriginal.

“We make no apologies for taking strong action to restore law and order in the Territory – this is what Territorians voted for, and we are delivering,” Deputy Chief Minister and Minister for Corrections, Gerard Maley, told Living Black.

The NT Government says the solution includes a $15 million dollar youth boot camp initiative, and the Circuit Breaker Program, which emphasises parental accountability.

Commissioner Musk is concerned, though, that community-led programs with successful track records are being defunded.

“A program that was dedicated to at risk young people in contact with the justice system, Back On Track, has had its with funding withdrawn,” Commissioner Musk says.

“We’ve heard that the Community Youth Diversion program, which was meant to divert children from contact with the formal system, particularly detention, is now going through a stage of redesign.”

‘Seriously, just step up’

In February a Senate Inquiry into Australia’s Youth Justice and Incarceration System highlighted an urgent need for federal political leaders to drive reform, and to make child justice a national priority.

Catherine Liddle, CEO of the nation’s peak body for Indigenous children SNAICC, says a national plan is needed.

“What we’re seeing at this moment is a system failure. What we’re seeing at this moment is horrific policy failures,” she told Living Black.

“A national plan brings them all together, works with community-controlled organisations, works with the community themselves, even more importantly, the community themselves and children, and says, ‘what do we need to be working on together?’”

She says Canberra has looked the other way for too long.

“Step up. Seriously, just step up. Pick those children up and care for them. Don’t pick them up and kick them like they’re a football.

“Do not play political games with our children.”

Living Black airs Mondays at 8.30pm on NITV, replays on Tuesday 10.35pm on SBS and is available on SBS On Demand.