Andrews government must end the mass-imprisonment of Aboriginal and Torres Strait Islander people: Victorian Attorney-General Symes to appear at Yoorrook
The Victorian Attorney-General Jaclyn Symes will today give evidence to the Yoorrook Justice Commission, the first formal truth-telling process into injustices experienced by First Peoples in Victoria, where she is expected to be questioned about the over imprisonment of Aboriginal and Torres Strait Islander peoples.
Last week, despite calls from Aboriginal, human rights and community organisations to raise the age of criminal responsibility to at least 14 without exceptions, the Andrews government announced it will raise the age to only 12 by the end of 2024, and may consider raising it to 14 in 2027. The Yoorrook Justice Commission has previously recommended urgently raising the age to 14 in line with medical evidence and international standards.
In March, the Andrews Government announced limited changes to Victoria’s bail laws that will fall far short of the reforms called for by Aboriginal and community legal services and the family of Veronica Marie Nelson, a strong Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman who passed away in custody after being pushed into prison by unfair bail laws.
The Human Rights Law Centre today reiterated calls for the Andrews government to fully and properly implement critical reforms that would immediately reduce the number of Aboriginal and Torres Strait Islander people experiencing injustice, harm and death at the hands of the criminal legal system.
Alongside broader transformational change, urgent action is needed from the Andrews government to:
Implement Poccum's Law, the blueprint for overhauling discriminatory bail laws which are resulting in unsentenced Aboriginal and Torres Strait Islander people being locked up in pre-trial detention at alarming rates.
End the status quo of police investigating themselves and dodging accountability for misconduct, deaths in police custody and discriminatory policing.
Stop the pipeline of Aboriginal and Torres Strait Islander children into prisons by raising the minimum age of criminal responsibility from 10 to at least 14 years old, with no exceptions.
Implement OPCAT, the United Nations’ anti-torture protocol designed to prevent the abuse of people behind bars.
Properly resource self-determined alternatives to the criminal legal system that are being led by Aboriginal Torres Strait Islander people, communities and organisations.
Amala Ramarathinam, Managing Lawyer at the Human Rights Law Centre, said:
“Victoria's record spending on prisons and policing, alongside discriminatory laws, institutional racism and racist policing are a toxic combination resulting in an unjust criminal legal system that perpetuates the mass imprisonment of Aboriginal and Torres Strait Islander people.
“The decision to raise the age of criminal responsibility to only 12 is a betrayal of Victoria’s children. The Attorney-General must answer why she has not acted on the clear calls of Aboriginal leaders, organisations and communities and instead chosen to uphold laws that will keep Aboriginal and Torres Strait Islander kids overrepresented in the criminal legal system. 12 year old children belong in playgrounds and schools, never in prisons and police cells.
“Victoria’s discriminatory bail laws continue to needlessly remove Aboriginal and Torres Strait Islander people from their families and funnel them into prisons to be warehoused on remand at staggering rates. The family of proud Gunditjmara, Dja Dja Wurrung, Wiradjuri and Yorta Yorta woman Veronica Nelson, together with over 60 organisations, have presented the Andrews government with a clear blueprint for reform to make bail laws fair and dramatically reduce the number of Aboriginal people on remand. The government must implement Poccum's Law in full, to ensure that what happened to Veronica never happens again.
“For too long, police have been able to act with impunity for discriminatory policing and deaths in custody. While successive governments have invested money to expand the state’s police force, there has been no commensurate increase in accountability. The Andrews government must end the status quo of police investigating themselves and dodging accountability for their actions.
“Aboriginal and Torres Strait Islander people, communities and organisations have always had the answers - now it is time for action. The Andrews government must listen to the evidence already heard by Yoorrook, and properly support self-determined alternatives that are being led by Aboriginal Torres Strait Islander people, communities and organisations to transform the criminal legal system.”
In a previous hearing before the Commission, the Human Rights Law Centre last year endorsed the Victorian Aboriginal Legal Service’s call for the Andrews government to move towards a zero-prison population and for longer term transformational change of the criminal legal system.
About the Yoorrook Justice Commission:
The Yoorrook Justice Commission is the first formal truth-telling process into injustices experienced by First Peoples in Victoria. This week, Yoorrook is hearing evidence from Government representatives in relation to the injustices faced by First Peoples in Victoria’s criminal legal system. You can livestream the hearings via the Yoorrook website. First Peoples can 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 to Yoorrook is available here.
Media contact:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275 thomas.feng@hrlc.org.au