"Punitive shifts" in Victoria's youth justice system have led to worsening outcomes for Aboriginal children, who remain over-represented in the system, the state's First Nations Children's Commissioner says.
The comments, made in the annual report of the Commission for Children and Young People tabled in Parliament today, come amidst a series of bail and justice law changes introduced by the state government which have been heavily criticised by legal and human rights groups.
"The evidence shows that youth detention is damaging children and young people as it also erodes rehabilitation and community safety," Commissioner for Aboriginal Children and Young People Dallas Widdicombe said.
"Of great concern is that these impacts continue to hit Aboriginal children and young people at rates well beyond their representation in the population."
Highlighting the With us, not against us inquiry, tabled earlier this year, the report notes the consultation the Commission had with children and young people under the age of 14 who come into contact with the criminal justice system.
It made 15 recommendations aimed at addressing the underlying factors contributing to their involvement.
These included raising the minimum age of criminal responsibility to 14 and developing alternative approaches that respond to cumulative trauma, disengagement and disadvantage, which can increase the risk of offending.
Detention could also restrict children's access to programs and support services critical to rehabilitation, it said.
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Victoria's Principal Commissioner for Children and Young People, Tracy Beaton, said independent evidence was essential to improving outcomes for children.
"A crucial part of that evidence is the voices of children and young people themselves," she said.
The report noted serious incidents in youth justice increased by 53 per cent, including reports of physical and sexual violence, while the average monthly number of young people in detention rose by 35 per cent.
There was a 36 per cent increase in the number of unsentenced children and young people held on remand, in line with the expectations from experts concerning changes to Victoria's bail laws.
"Together these changes to sentencing and bail laws have increased and will continue to increase the population in youth justice custodial centres," the report said.
"The Aboriginal children and young people we consulted with for these inquiries asked for systems to respond to what they actually need, to support them earlier, and for the chance to live free from harm, instability, and alienation," Commissioner Widdicombe said in the report's foreword.
"Their voices led our recommendations."
Child protection concerns
The report also identified gaps in risk assessments, referrals and coordination following child deaths in child protection, referring to the Left behind inquiry, tabled in June.
In out-of-home care, incidents increased by seven per cent, with residential care accounting for 82 per cent of reported incidents despite representing just five per cent of the out-of-home care population.
More than half of reported incidents involved children and young people going missing from their placements, exposing them to potential risks including sexual exploitation, physical and sexual assault, and criminalisation, the report said.
It also highlighted the disproportionate impact of child protection and out-of-home care systems on Aboriginal children and young people.
"As well as addressing this injustice, we must recognise that these systems, and the actions needed to improve them, are profoundly connected," Commissioner Widdicombe said.
Left behind 13 recommendations, including increased investment in early intervention, specialised support for children and greater involvement of children and families in voluntary services.
Overall, the Commission made issued 18 new recommendations to the Department of Families, Fairness and Housing and other government departments, addressing concerns around risk assessments, intake procedures, referrals and inter-agency coordination, as well as responses to family violence.
Commissioner Beaton said: "Our work this year presented further compelling evidence and recommendations for change through early intervention and prevention."
"There is an urgent need for concerted action by government to provide the platform of services that will protect the wellbeing of children, young people and communities."
