A ‘leading’ youth justice system is one where children under 14 are not imprisoned

RESPONSE TO RELEASE OF VICTORIAN YOUTH JUSTICE STRATEGIC PLAN 2020-2030

The Victorian Government's new Youth Justice Strategic Plan 2020-2030 contains some strong elements that will have a positive impact on the lives of children in Victoria. 

However, the Human Rights Law Centre, Smart Justice for Young People and a coalition of social services, health, legal, Aboriginal and Torres Strait Islander, youth advocacy organisations and academic experts, are calling for the Victorian Government to also commit to raising the age of legal responsibility from 10 to 14. 

While there are some promising developments – particularly the Strategy’s focus on early intervention, diversion, and restorative justice which will reduce the number of children and young people in contact with the youth justice system – the new Strategy does not include a clear roadmap during the ten year period for keeping kids under 14 out of prison.

If Victoria wants to achieve a world-leading youth justice system, then we must first lead in Australia. Raising the age to 14 is a crucial evidence-based reform that would reduce offending by acknowledging collective responsibility to support children in Victoria.

Medical evidence shows that ages 10 to 13 are a critical stage for a child’s development. Children this young lack emotional, mental and intellectual maturity and have limited capacity to think through the consequences of their actions. The majority of kids in the youth justice system are from disadvantaged backgrounds and have suffered neglect, trauma and abuse.

Aboriginal and Torres Strait Islander children are more likely to be involved with the youth justice system at a younger age than non-Aboriginal children, and are overrepresented in Victoria because of the low age of legal responsibility. Raising the age is a crucial step in line with the Aboriginal Justice Agreement and future Aboriginal Youth Justice Strategy.

The current youth justice system is more likely to reinforce factors that lead to reoffending compared with community-based services that support children to reach their potential. We can do better for our kids, and it is time that we reinvest in services which support young people to build stronger, healthier relationships with their families and communities.

We commend Minister Carroll for acknowledging in this new Strategy the importance of having young people supported by members of their own community, and engaging global justice experts to develop and improve Victoria’s youth justice system.

We acknowledge that there is currently a national consultation through the Council of Attorneys-General to potentially raise the age of legal responsibility to 14. We call on Victoria to be a leader in this process. 

If Victoria wants to be the best state for all children to grow up in, then the Victorian Government must commit to raising the age, end overrepresentation of children and young people from disadvantaged backgrounds, and reinvest in young people’s futures.

Signatories: 

  • Aboriginal Justice Caucus

  • African Australian Communities Leadership Forum Inc

  • ARC Justice

  • Berry Street

  • Centre for Adolescent Health

  • Centre for Excellence in Child and Family Welfare

  • Centre for Multicultural Youth

  • Flemington Kensington Community Legal Centre

  • Human Rights Law Centre

  • Justice-involved Young People (JYP) Network

  • Koorie Youth Council

  • Law Institute of Victoria

  • Victorian Aboriginal Legal Service

  • VACCHO

  • West Justice

  • Whitelion

  • Wotha Daborra Consortium

  • YACVic

  • Youthlaw

  • YSAS

Media contact:

Michelle Bennett, Communications Director: 0419 100 519

MichelleBennettPrisoner Rights, Aboriginal & Torres Strait Islander Peoples' Rights