Victorian government "can no longer claim to be progressive at all" - Aboriginal Justice Caucus

Dechlan Brennan
Dechlan Brennan Published August 13, 2024 at 2.30pm (AWST)

The Aboriginal Justice Caucus says the Victorian government can no longer claim to be "progressive," after their broken promise to raise the age of criminal responsibility to 14.

On Tuesday, the Victorian government said they would be amending their Youth Justice Bill - which includes raising the age to 12, the first such jurisdiction in the country to do so - but would no longer be committing to raising the age to 14 in 2027 as promised by former Premier Daniel Andrews.

The Aboriginal Justice Caucus (AJC) is designed to be a channel between the Aboriginal community in Victoria and the justice system. In response to the government announcement, it stated: "This Victorian Government once lauded itself as the most progressive in the country. It can no longer claim to be progressive at all."

AJC Co-chairs Aunty Marion Hansen and Chris Harrison said they have been "betrayed by this devastating decision to abandon our children".

"We spent hundreds of hours helping the Victorian Government develop the Youth Justice Bill," the Co-chairs said.

"It's devastating to see so little left after the Government reneged on bail reforms for children and has now reneged on their promise to raise the minimum age of criminal responsibility to 14.

"It's very hard for our communities to trust governments that don't deliver what they promise."

Premier Jacinta Allan, who appeared with Attorney-General Jaclyn Symes, Youth Justice Minister Enver Erdogan and Police Commissioner Shane Patton, said her decision was being made "at a different time, by a different government with a different premier".

The government said there will be a change to the Bail Act so a person would be remanded if there was "unacceptable risk" they could commit a serious offence, including aggravated burglary, carjacking or family violence.

Furthermore, the government will introduce an offence of committing a serious crime whilst on bail. It comes only months after they abolished the offence of committing an indictable offence on bail.

Minister Symes argued the former offence had resulted in the unintentional capturing of low-level offending, which resulted in the over-representation of vulnerable groups like First Nations Victorians

No children under 14 are currently incarcerated in Victoria.

The government has also argued the new bill will allow children on bail or remand to participate in rehabilitation without prejudicing their case, and said they will deliver a new Magistrate to fast-track cases.

However, it is the reversal of their commitment to raise the age to 14 which has resulted anger amongst the Victorian Aboriginal community.

Indigenous organisations, including the Yoorrook Justice Commission, have lashed the decision, with some arguing the government has caved in to attacks from conservative media and the police - who have long opposed raising the age above 12.

Jaclyn Symes advocated raising the age at Yoorrook in 2023, calling it a "health and wellbeing response" (Image: Chris Hopkins)

During their appearances before Yoorrook, Minister Symes said she wanted to be part of a government that didn't place children in detention, but instead diverted them away from crime.

"We need to really focus our attention on that," she said at the time.

"And I think raising the age is a way of doing that because we are committing ourselves to a health and wellbeing response, not a justice response for that cohort, and that's going to make a big difference to the need or, hopefully, the reduction of the need of prison beds in future."

Minister Erdogan told Yoorrook he wanted to put "an end to the Aboriginal overrepresentation in our system".

"What's clear is that the impacts of Colonisation are ongoing and there needs to be a whole-of-government response to correct that injustice...I know that reform and change has been too slow for too long. I'm committed to doing better," he said at the time.

On Tuesday, the AJC Co-Chairs said despite all the talk of closing the gap, little was being done.

"Once again realisation of Aboriginal Community calls for change are impeded by lack of political will, and fear-mongering critics blind to Aboriginal realities. It's time to do what's right for our kids, for all kids and raise the age of criminal responsibility to 14, they said.

The latest closing the gap data revealed more than 1-in-10 Aboriginal children in Victoria are in out-of-home care, with evidence showing many entered the justice system early in their lives.

Aboriginal children continue to be over-represented in the justice system, with the Victorian Aboriginal Legal Service (VALS) saying many are subjected to "the trauma of racist and violent policing", and Commissioner Patton admitted on Tuesday the new law changes would see more children placed in remand.

The AJC said they stand with other "concerned groups in the community" in calling for the age to be raised to 14.

"Young children should be treated therapeutically as is the case in other countries, rather than through the criminal system," they said.

   Related   

   Dechlan Brennan   

Download our App

@natindigtimes
Article Audio

Disclaimer: This function is AI-generated and therefore may mispronounce.

National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.