As the Victorian Government prepares to push through controversial youth justice reforms that could see young people sentenced to life in prison, legal groups maintain the plan reflects a deliberate and ongoing disregard for children.
Modelled on Queensland's "adult crime, adult time" approach and adopting the slogan "adult crime for violent crime," the reforms would sharply increase maximum penalties for children convicted of certain violent offences in adult courts, including life sentences for aggravated home invasions and carjacking.
Requiring amendments to the Crimes Act, the Children, Youth and Families Act, and the Youth Justice Act, the proposals have been widely criticised as lacking evidence, harming vulnerable children, and breaching fundamental human rights.
In a remarkable admission, Attorney-General Sonya Kilkenny admitted in Parliament that the laws are, in part, "incompatible with the human rights set out" in the state's Charter of Human Rights.
"The measures in the Bill constitute significant limits on the fundamental rights of children who are by their nature a vulnerable cohort, which require a very high standard of justification in order to be compatible with rights," she said in the compatibility statement accompanying the bill.
"While it is my strong view that the Bill is necessary to address compelling and pressing community safety concerns brought about by unprecedented incidents of serious and violent offending by children, my acknowledgement of incompatibility accepts the inherent difficulty in meeting this high standard of justification."
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In a statement on Tuesday, the Victorian Aboriginal Legal Service (VALS) said life sentences for children as young as 14 are "abhorrent" and noted this would mean children deemed too young to use social media under federal Labor's ban would nonetheless be considered old enough to face life imprisonment.
VALS claimed the government has significantly cut diversion, bail, youth, mental health and housing programs — all during a cost-of-living crisis — and warned the proposed laws would heighten community anxiety about safety.
"If this Bill passes parliament this week, we will see children's rights, protected under international law, struck from the law in Victoria," VALS chief executive Nerita Waight said.
Pointing out that the government will issue an apology to First Peoples next week, she asked: "Premier, will you be counting backwards from today in your long list of things to apologise for? I will not accept your crocodile tears. We will not stop fighting for the rights of our children to be protected and upheld."
The highly contentious legislation — announced three weeks ago without draft detail — will receive only an hour of debate in the lower house before being sent to the legislative council, prompting concerns from the opposition and crossbench about inadequate scrutiny.
Ms Kilkenny dismissed these concerns, saying the reforms are straightforward.
"I think this is what the community expects. This is what the community deserves," she said. "We know that when these crimes and these offences are in the adult court, it is much more likely there will be a jail term, and it is much more likely the jail term will be longer."
Children's Court processes focus on rehabilitation, and experts have long warned that early incarceration increases the likelihood of lifelong offending. Adult courts prioritise community safety and victim impact, leading to harsher outcomes.
Nearly two-thirds of young people sentenced for serious offences in the Children's Court avoid prison, while 97 per cent of those sentenced for aggravated home invasion or carjacking in adult courts receive prison terms.
Despite calling the reforms flawed and "weak", the opposition party room voted to support the bill, ensuring its passage.
"We will be formally calling, through amendment, for the laws to be tougher because crimes like rape should not be overlooked," shadow attorney-general James Newbury said on Tuesday. "We will call for loopholes to be closed."
The Government has faced escalating pressure from police and media outlets to address rising crime, now at its highest level in a decade, with recent data showing children 17 and under account for 60 per cent of robberies and nearly half of aggravated burglaries.
Nonetheless, Indigenous groups have argued the new laws won't curb this; rather, they will push the can down the road. 2024 NAIDOC Person of the Year, Muriel Bamblett, said the proposals would "do nothing to divert children from crime," arguing instead they will only "ensure they are trapped in the justice system for life".
"I am horrified by the idea of a 14-year-old being sentenced to life in prison. What do we lose as a society when a 14-year-old could spend their life behind bars?" she asked last month.
Ms Waight said public debate misses the reality that many young offenders are themselves victims who have experienced harm, abuse, and involvement with state care.
"By the time our kids have entered into the youth justice system, they have already been failed my multiple systems," she said. "Locking them up is not the answer."
