The Victorian Aboriginal Legal Service's 'Balit Ngulu' is a program that aims to provide holistic support for Aboriginal young people caught in the justice system.
Named after the Wurundjeri words meaning 'strong voice', Balit relaunched in 2021 after its first iteration was closed due to a lack of government funding.
Now a stronger force due to extra support and resources, the program has made countless successful bail applications for clients and consistently advocates for police cautions and diversion opportunities to keep young people out of prison, and out of the justice system.
Children in residential, or out-of-home care, make up a significant portion of the Balit Ngulu clients.
Senior Solicitor Negar Panahi told National Indigenous Times that many young clients are "cross over kids", children from the child protection system, which presents unique challenges.
Ms Panahi said children being removed from their families significantly increased the likelihood of children being criminalised for behaviour that wouldn't lead to charges in a family home.
"Kids in residential care are being charged with criminal offending as young as 11 and 12 years old, often for minor offending such as a broken window, throwing food out of a pantry or breaking glass," Ms Panahi said.
"In a family home police would not be called, but in [residential] care, Victoria Police are getting involved far too frequently.
"They are vulnerable kids with significant trauma and their behaviours need to be managed, not criminalised."
Victoria's Framework to reduce criminalisation of young people in residential care was developed in 2020 in collaboration with government agencies including Child Protection, Department of Justice, Victoria Police and Victorian Aboriginal Child Care Agency (VACCA).
While the Framework acknowledges the overrepresentation of children in residential care who are also criminalised, Ms Panahi says a key focus for VALS' Balit Ngulu program over the past year has been ensuring the Framework is implemented within the child protection and criminal justice systems.
"We are working to make sure that the Framework is implemented consistently, and that case managers and carers have regard to it, that it is not just a piece of paper."
The Senior Solicitor noted VALS also has a strong focus on diversion opportunities, ensuring there are multiple chances of diversion programs, and the use of police cautions where appropriate, and to keep children out of court as much as possible.
"It's not a healthy environment for kids to be in, particularly if they are engaging in school or completing an apprenticeship. If they are trying to make a positive effort in their life, we are going to support that."
She said the role of Indigenous Youth Support Officers, who work alongside the lawyers, is vital to the Balit Ngulu program.
"While the lawyers provide the legal support, the Youth Support Officer comes from a therapeutic angle and provides culturally appropriate, wrap-around support.
"Our youth support officers drive clients to medical appointments, help them with applying for a Tax File Number, applying for jobs, make referrals and overall help the young people in any way they can. Working with the young clients, it brings the program together."
Ms Panahi said the Youth Support Officers build "the greatest rapport" with young clients, and often know their families and their communities well, providing a strong collaborative approach to restorative justice for Indigenous young people.
