"Fear mongering" does nothing to make the community safer, Victoria's Aboriginal Legal Service warns

Dechlan Brennan
Dechlan Brennan Published July 23, 2024 at 4.15pm (AWST)

Victoria's leading Indigenous legal organisation has criticised the Victorian police for spreading fear around youth crime as the state prepares to raise the age of criminal responsibility to 12.

While raising the age is backed by medical experts, human rights groups and Indigenous organisations, all who argue their position is backed by overwhelming evidence that children do not belong in prison at ten-years-of-age, there has been push back from the state opposition and police. This was exacerbated in the wake of the tragic death of a man in an alleged fatal vehicle collision involving a teenage driver, who then allegedly breached their bail conditions before having them revoked.

Despite the child - who cannot be named - being 17-years-of-age, it didn't stop calls for the raising of the age of criminal responsibility to 12 in the new Youth Justice Bill, to be halted.

The Victorian government has committed to raising the age to 12 by early next year, and to 14 by 2027 at the latest.

Victorian Aboriginal Legal Service (VALS) chief executive Nerita Waight said it was "frustrating" to see police spreading fear through the community as anonymous sources in some sections of the media.

"If they're committed to making communities stronger and safer, scaring people is not the way to go," Ms Waight told National Indigenous Times.

"It's all too regular to see stories in the media attributed to anonymous police sources, but you never hear of any police being disciplined for actions like that."

While there is acknowledgement of a small number of young repeat offenders in Victoria, the overall crime numbers do not represent a "crime wave" as has been claimed by some.

However, some spikes are evident — including violent offences for 15-17 year olds.

Ms Waight says many of the children caught up in the legal system have been failed by governments, as well as the child protection, education and health systems over many years.

"We need to provide this very small number of children with the trauma informed and therapeutic support they need to build a better life for themselves and be strong in their identity and connected to their culture."

The Youth Parole Board reported 64 per cent of young offenders in Victoria in 2022-23 were victims of abuse, trauma or neglect as a child.

The state opposition has argued raising the age of criminal responsibility is only there to hide crime numbers, with Shadow Attorney-General Michael O'Brien calling it a "further weakening of youth justice".

Police Association of Victoria secretary Wayne Gatt warned raising the age could make the community less safe, especially from 12 to 14, whilst Police Commissioner Shane Patton, who issued an apology last year to First Nations Victorians on behalf of Victorian Police, is also is against raising the age above 12.

"In an ideal world we'd still be wanting to be able to deal with children and take them before the courts and let the courts deal with them, but governments set the law," Mr Patton told ABC radio earlier this year.

"Twelve and 13-year-olds commit very serious offences and we need to be able to hold them to account for community safety and take them before the courts."

Ms Waight said there was a discrepancy in the rhetoric displayed around apologising for the trauma experienced by Indigenous people.

"Fear mongering about crime continues that trauma because it is Aboriginal children, young people and adults who are targeted when governments ramp up tough on crime policies," she said.

Opinion pieces in some media outlets have pushed a crime wave narrative, and this has seen National Children's Commissioner Anne Hollonds tell Guardian Australia the media should be held accountable for "irresponsible" reporting of youth crime.

She highlighted organisations that recycle the same CCTV, phone or security camera footage of youth engaging in criminal behaviour for multiple stories, which gives viewers the impression of more crimes being committed that actually are.

Ms Waight urged the government to stand by their commitment to raising the age in the face of criticism and recent poor polling numbers, which has seen community sentiment around crime increase.

"VALS has been working with the Victorian Government for 5 years, along with the Aboriginal Justice Caucus, to develop a Youth Justice Bill that will help our children get out of the legal system and stay out," she said.

"The Victorian government must not run away from all that hard work because of scare campaigns run through particular media outlets."

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National Indigenous Times

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