Yoorrook laments major setback as Government backflips on raising the age

Victoria’s truth telling body has condemned the Victorian Government’s decision to break its commitment to raise the minimum age of criminal responsibility to 14 by 2027.

On Tuesday, Premier Jacinta Allan announced that the government would not raise the age to 14.

Aboriginal children and young people are dramatically over-represented in Victoria’s youth justice system and are 10.6 times more likely to be imprisoned than non-Indigenous children.

In September 2023 the Yoorrook Justice Commission delivered its criminal justice system reform recommendations to the Victorian government, including raising the age of criminal responsibility to 14 without exceptions.

This followed a year-long inquiry into the systemic injustices faced by First Peoples in Victoria’s child protection and criminal justice systems. It included evidence from scores of First Peoples experts, organisations and community members, as well as government bureaucrats, ministers and the Attorney-General.

In October, Yoorrook will recall key government witnesses during accountability hearings on issues including progress implementing criminal justice system recommendations.

Chair of Yoorrook, Professor Eleanor Bourke said:

“The Government’s promise to raise the age to 14 was seen as a critical step towards rectifying historical injustices faced by First Peoples. This would move towards a more just and equitable system. Today that promise has been broken.

“We cannot underestimate the tsunami of disappointment that this announcement will create for First Peoples communities.

“This decision is so contrary to the evidence it is difficult to comprehend – evidence heard by Yoorrook and countless other inquiries, commissions and coronial inquests over a period of decades.

“Victoria’s current laws not only exacerbate existing inequalities; they fail to address the root causes of offending behaviour – poverty, trauma, and lack of access to support services. Yoorrook calls on the government to urgently reconsider its decision.”

Deputy Chair of Yoorrook, Adjunct Professor Sue-Anne Hunter said:

“Today’s announcement is a major setback for the rights of Aboriginal children, who are dramatically over-represented in Victoria’s youth justice system.

“The evidence shows that criminalising young people at an early age doesn’t rehabilitate them, it puts them on a pipeline to the adult justice system and a life of disadvantage and injustice.

“This decision means our people will continue to suffer for generations to come. But if we amend the law and raise the age, everyone benefits.

“Every number is a person, with a family and their own story and experiences. Many Aboriginal young people who come into contact with police have suffered intergenerational trauma and injustice. They need therapeutic support, not a criminal record.

“In the coming months, Commissioners will have the opportunity to question key Ministers about the progress – or lack of progress – being made by government to address the systemic failings within Victoria’s justice system as detailed by Yoorrook.”

ENDS

• The Yoorrook for Justice report is available for download here.
• In 2022-23, Aboriginal children aged 10-17 were 10.6 times more likely to be in detention in Victoria than non-Aboriginal children, according to the Australian Institute of Health and Welfare Youth Justice in Australia annual report.
• Yoorrook may choose to provide additional public comment on other aspects of the Youth Justice Bill at a later date.