Experts push back against Victoria Police’s grab for new powers to detain children
A coalition of over 40 Aboriginal and Torres Strait Islander, health, legal, social, community services and youth advocacy organisations from across Victoria have called on Premier Daniel Andrews and Attorney-General Jaclyn Symes to commit to ruling out any new powers for police over children, once the age of criminal responsibility is raised. The calls respond to recent comments from Victoria Police Commissioner Shane Patton seeking power to arrest and detain children as young as 10, after the reforms are implemented.
In an open letter, the coalition calls for the Victorian Government to invest in a model of care for children which ensures they have the critical supports they need. This model must be designed in close collaboration with Aboriginal communities, advocates for children in the care system and other overrepresented communities. The letter also urges the Victorian Government to raise the age of criminal responsibility to 14 without exceptions.
In May 2023, Victoria Police Commissioner Patton appeared before the Yoorrook Justice Commission and acknowledged that policing of Aboriginal people today is still influenced by systemic and structural racism. Aboriginal young people are almost six times more likely to be processed by police as alleged offenders than non-Aboriginal young people. Any new police powers would disproportionately affect Aboriginal children and families.
Criminalising children is never the answer to behaviours resulting from complex, unmet needs. Evidence shows that any engagement with the criminal legal system, including first contact with police, can be highly distressing and cause harm to a young child.
In a crisis, children need first responders who are skilled in health, youth support and other critical services.
There will be better outcomes for Victoria’s children, families and communities in the long-term if children are diverted away from the criminal legal system.
Quotes attributable to Anoushka Jeronimus, Youthlaw Program Director at WestJustice, Co-Convenor of Smart Justice for Young People:
“Children who harm others are also victims of harm themselves. Victoria needs to raise the age of criminal responsibility and ensure the most vulnerable children are being supported, not arrested. These children need health, youth and education services, and it should be child and family workers taking the lead, not police. It’s better in the long-run for children and the wider community if children stay in school, get the support they need, and reconnect with their families now.
Quotes attributable to Amala Ramarathinam, Acting Managing Lawyer at the Human Rights Law Centre:
“Raising the age of criminal responsibility recognises that young children should never be criminalised for health, education and wellbeing issues. It would be reckless and dangerous for police to be handed new powers to lock up young children, especially in light of Commissioner Patton’s very appropriate recognition of systemic and structural racism within Victoria Police.
“When police detain children, it causes children long-term harm. Premier Andrews and Attorney-General Symes must rule out granting police any new powers, and instead implement an evidence-based model of care that supports Victorian kids to thrive in our communities. Children belong in playgrounds and schools, never in police cells. There is no role for police in a health and wellbeing response to children.”
Quotes attributable to Carmel Guerra, CEO of the Centre for Multicultural Youth:
“We know from our work running programs such as the Youth Referral and Independent Persons Program (YRIPP) that children engaged with Victoria’s youth justice system are predominantly made up of overrepresented groups including First Nations children, particular multicultural communities, and children in out of home care.”
“We agree this issue requires attention but results will only be achieved if addressed from a health and wellbeing approach. In most instances, these are Victoria’s most vulnerable children. We should focus on delivering these children their fundamental right to safety and care, not incarceration.”
Media contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275
thomas.feng@hrlc.org.au