Allan government's feeble response to Yoorrook for Justice report dismisses crucial reform
Today, Victorian Premier Jacinta Allan responded to the Yoorrook for Justice report. Prepared by the first formal truth-telling process into injustices experienced by First Peoples in Victoria, the Yoorrook for Justice report made 46 recommendations for crucial change of the state’s legal system.
The Victorian government’s feeble response supports only four of Yoorrook’s recommendations in full and supports in principle or is reviewing 39 recommendations - including the establishment of a new independent police oversight authority. Three key recommendations were rejected outright:
Raising the age of criminal responsibility to at least 14 years old in law as a matter of urgency, alongside raising the minimum age of detention to at least 16 years old;
Overhauling discriminatory bail laws and creating a presumption in favour of bail for almost all offences; and
Strengthening the state’s Charter of Human Rights to make it more accessible.
Despite a clear recommendation made by Yoorrook and long-standing calls from Aboriginal, human rights and community organisations to raise the age of criminal responsibility to at least 14 without exception, the Allan government rejected this and restated their plan to raise the age to 12 and to 14 by 2027, with exceptions and subject to the implementation of an alternative service model.
While changes to Victoria’s bail laws came into effect this March, they fell short of the reforms called for by Yoorrook and the family of Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Marie Nelson who died in custody after being pushed into prison by unfair bail laws. This followed the Allan government’s backflip on youth bail reform and their promise to make the state’s bail laws fairer for children.
The Allan government also rejected recommendations made by Yoorrook to make Victoria’s core human rights document – the Charter of Human Rights – more accessible, by establishing a standalone cause of action and enabling people to bring cases in the Victorian Civil and Administrative Tribunal (VCAT) for a remedy, including compensation.
The Human Rights Law Centre reiterates calls for transformational change of the criminal legal system, alongside urgent action to address the mass imprisonment of Aboriginal and Torres Strait Islander people now. This includes the Allan government committing to:
Raising the minimum age of criminal responsibility from 10 to at least 14 years old in law this year, with no exceptions;
Implementing Poccum's Law in full to completely overhaul discriminatory bail laws;
Ending the status quo of police investigating themselves and dodging accountability for misconduct, deaths in police custody and discriminatory policing;
Implementing OPCAT, the United Nations’ anti-torture protocol designed to prevent the abuse of people locked away behind bars; and
Strengthening the Charter of Human Rights to make it more accessible and straightforward for people to enforce their rights.
Monique Hurley, Managing Lawyer at Human Rights Law Centre, who gave evidence before the Yoorrook Justice Commission, said:
“The Allan government has dismissed this opportunity handed to them by Aboriginal and Torres Strait Islander people, who have always had the answers. The Victorian government must act on the evidence heard by Yoorrook and properly support the transformational change of the criminal legal system called for by Aboriginal Torres Strait Islander people, communities and organisations.”
“The evidence is clear - prisons do not make communities safer. As heard by Yoorrook, discriminatory laws, systemic racism and racist policing are a toxic combination resulting in an unjust legal system that enables the mass imprisonment of Aboriginal and Torres Strait Islander people.
“A brave Victorian government would stop propping up a system of cruelty and act on Yoorrook’s recommendations to overhaul the state’s bail laws and raise the minimum age of criminal responsibility from 10 to at least 14 as a matter of urgency. Children belong with their families and communities, not in prison and police cells.
“The Allan government pressing ahead and only raising the age to 12 this year is a betrayal of Victoria’s children. The Premier must answer why she has not acted on the clear calls of Yoorrook, Aboriginal leaders, organisations and communities and instead chosen a path that will keep harming Aboriginal and Torres Strait Islander children locked away in youth prisons.”
About the Yoorrook Justice Commission:
The Yoorrook Justice Commission is the first formal truth-telling process into injustices experienced by First Peoples in Victoria. Today the Victorian Government published their response to the Yoorrook For Justice report, which focused on the need to reform Victoria's child protection and criminal legal systems. First Peoples can continue to tell their truth about any ongoing or historic injustice by making a submission through Yoorrook’s online submission portal here. The Human Rights Law Centre’s submission is available here.
Media contact:
Thomas Feng, Media and Communications Manager, 0431 285 275, thomas.feng@hrlc.org.au