New Victorian report reaffirms need to listen to young Aboriginal voices and raise the age of criminal responsibility to 14

The Human Rights Law Centre has welcomed a new report by the Victorian Commissioner for Children and Young People calling for major reform of Victoria’s youth legal system, including raising the age of criminal responsibility from 10 to 14 years without exception.

Released today, the Our youth our way report also recommends legislative change to prohibit children under the age of 16 years being sentenced to, or remanded in, youth prisons.

The report captures the work of the systemic inquiry undertaken by the Koori Youth Justice Taskforce, examining the cases of 296 Aboriginal children and young people in the context of the ongoing impacts and practises of colonisation, removal of children, and family violence. It envisages a youth justice system that is driven by self-determination and is focussed on respective children’s human rights.

Meena Singh, Human Rights Law Centre Legal Director, said:

“The Office for the Commissioner of Aboriginal Children and Young People has always worked closely with community to make sure our voices are heard, and this significant report is no exception.

“We welcome the report’s recommendations, including the pressing need to raise the minimum age of criminal responsibility to at least 14 years old.

“We need to build our youth legal system from the bottom up, with the experiences of those most affected by it. We need our decision makers, those with power, to listen to these voices of young people, and truly understand what it takes to support a child into adulthood.

“It is incredibly exciting to see ideas such as ‘a self-determined youth justice system’ being brought to life on the back of extensive research and engagement. For Aboriginal children and community, this means centring culture and connectedness to community.

“The Andrews Government, and governments in other states and territories, must take note of the leadership shown in this report, and acknowledge the significant rethinking required to reimagine our legal system as rehabilitative and not simply punitive.

“We cannot continue to treat children who offend in the same way as adults and expect they will not continue to offend into their adult years.”

Media contact:

Evan Schuurman, Media and Communications Manager, 0406 117 937, evan.schuurman@hrlc.org.au