Victoria's peak Indigenous legal service has welcomed the new youth justice bill announced by the State Government on Tuesday, arguing it "fulfills Labor's promise to better protect our children and young people".

However, the organisation also criticised funding for electronic monitoring and other new reforms which would see young people still interact with police.

On Tuesday, the Allan government fulfilled a promise to raise the age of criminal responsibility to 12, along with a legislated scheme for warnings, cautions and early diversion; and codifying the long-held presumption of doli incapax.

In response, the Victorian Aboriginal Legal Service (VALS) commended the government for "finally showing leadership" after a number of "senseless delays" to progress "critical reforms on youth justice rather than pandering to the dangerous agenda of conservative newspapers".

The organisation said there were several reforms in the new bill that "we should be proud of", including raising the age of criminal responsibility to 12, and provisions around sentencing, cautions and diversions.

"These inclusions will have a positive impact on diverting young people away from the criminal legal system - a system that, as widely acknowledged through Victoria's truth-telling process, continues to harm and traumatise our people," VALS said in a statement.

🧵 1/2 After years of consultation and negotiations with the legal sector and key stakeholders, the Allan Labor Government today introduced a Youth Justice Bill to Victorian Parliament. pic.twitter.com/oKZGSybsDw

— Victorian Aboriginal Legal Service (@thevalsmob) June 18, 2024

Chief executive Nerita Waight, who criticised the government for reneging on its promise to remove reverse onus bail provisions for young people in March, said the new bill "amplified our clients' voices to inform some of the key reform areas in this historic Bill".

"Our communities cried out for change, and whilst we didn't get all we have advocated for, this is a significant step towards achieving a just and fair system for our children and young people," Waight said.

The criticism of youth crime in the state from some sections of the media has exacerbated in recent months, with conservative media and opposition MP's calling for the raising of the age to be scrapped.

This was rejected by the state government, who said they would forge on with the changes.

"Children do not thrive in prison," Waight said, encouraging all members in parliament to "carefully consider this".

"Consider the future of our children and young people, and what it really means to set them up not only to be safe, but to do the best that they possibly can in life," she said.

The bill's provisions will allow police to have more tools to deal with anti-social behaviour before it escalates and "becomes a risk to community safety and ends up in court".

On Tuesday, Attorney General Jaclyn Symes said there will still be occasions where police interact with 10- and 11-year-olds they are concerned about and would still have "limited force" to compel young people.

This was criticised by both VALS, and the Human Rights Law Centre (HRLC), who said they "strongly oppose the inclusion of any new police powers that allow them to engage with children aged 10 and 11 in a way that replicates criminalisation".

"Responses to concerning behaviours from this cohort must be self-determined and centred in addressing their wellbeing," VALS said, before continuing their criticism of electronic ankle surveillance, calling it a "step in the complete wrong direction".

Both organisations also criticised raising the age of criminal responsibility to only 12, arguing it should be raised to 14, "without exceptions, with no new police powers", which is widely supported by legal, health, human rights, faith and Indigenous groups, and seen as being in line with international standards, alongside evidence from child development experts.

The government has committed to raising the age to 14 by 2027, with an independent review panel announced in October having already begun consultations on a new alternative service model.

"The government will only commit to raising the age to 14 once an alternative service model has been established... but Aboriginal Community-Controlled Organisations and the Aboriginal community have been delivering effective models for a long time," VALS said.

HRLC's managing lawyer, Monique Hurely, said the government had a choice: "To continue turbo-charging 'tough on crime' politics which fails children and communities, or to implement evidence-based alternatives which work and ensure that every child grows up with their family and community."

"Raising the age of criminal responsibility from ten to at least 14 years old now is the bare minimum reform the Premier must action. This reform must apply to all children - no exemptions and no new police powers," she said.

VALS said the reforms, overall, were a step in the right direction, but with more to be done, noting Premier Jacinta Allan's commitment to Treaty and justice at her appearance before the Yoorrook Justice Commission in May.

"Our young people deserve access to a self-determined and culturally safe legal system," VALS said.

"A system that holds young people accountable, but also provides wrap-around, trauma-informed supports that connects them with their community and culture, so they grow up strong in their identity."