Youth justice system
Tim READ (Brunswick) (14:32): My question is for the Premier. Children belong in classrooms, not in prisons. The Aboriginal Legal Service, the Australian Medical Association, Amnesty International and other human rights organisations have all been consistently calling on governments around Australia to raise the age of criminal responsibility to 14 because detention is so harmful to such young children, who are still developing, and the long-term mental health consequences of imprisonment are so severe. Offenders in this age group are much more likely to reoffend if imprisoned. They need treatment, not trauma. Labor both last year and earlier this year promised to increase the age of criminal responsibility to 14 by 2027, so why is this government now deferring to an opposition it outnumbers two to one to abandon an evidence-based reform recommended by experts?
Jacinta ALLAN (Bendigo East – Premier) (14:33): I thank the member for Brunswick for his question, and the answer is: because we are taking action right now to support children under the age of 14 to remain outside of custodial settings. I am optimistic the member for Brunswick would recall the debate that he participated in during the last sitting week with the Youth Justice Bill. That bill includes a presumption against custodial sentences for children under the age of 14 – for 12- and 13-year-olds. We have the opportunity with the Youth Justice Bill that is currently in the Legislative Council, which has passed through this place, to take action for children under the age of 14 now. That is why that Youth Justice Bill contains raising the age to 12 – the first state in the nation to make this important reform. But also the Youth Justice Bill gives us the opportunity to transform the youth justice system for children – for all children, regardless of age – and to put the child at the centre of the change. We have the opportunity with this Youth Justice Bill to do this right now.
It may be a convenience for the Greens political party to use this as an opportunity to politically pointscore, but the fact remains that the Youth Justice Bill provides for an additional strengthening for children under the age of 14. It provides for strengthening around diversion – mandatory diversion – a cautionary program for Victoria Police and, most importantly, making sure that we are focusing on diverting a young person away from a life of crime regardless of their age. These are the changes that we are making now. We have the opportunity. I point out to the member for Brunswick that 14 is not in the bill that went through this place and is indeed in the upper house. What is in the bill is an opportunity to raise the age to 12 – the first state in the nation to do so.
Tim READ (Brunswick) (14:35): I thank the Premier for her answer, but when appearing before the Yoorrook commission earlier this year the Premier said:
… when you listen to people you get better outcomes for people. And if truth is about listening to First Peoples’ experience of injustice then Treaty must be about listening, genuinely listening to how that injustice can be addressed and working together, empowering First People to address it.
Yoorrook made it very clear that we need to raise the age to 14 and implement progressive bail reform to end the overincarceration of First Peoples. This government is doing the exact opposite. Isn’t this government just choosing to ignore what First Peoples are saying?
Jacinta ALLAN (Bendigo East – Premier) (14:36): Let me be really clear for the benefit of the member for Brunswick and his Greens political party colleagues. The bill that has gone through this Parliament, the bill that is currently being debated in the Legislative Council, has for the first time put specific measures to provide for Aboriginal self-determination into our youth justice framework – for the very, very first time – and I would be deeply disappointed that the Greens political party would misrepresent what is in the bill. We have worked closely in the development of this bill with Indigenous Victorians on making sure that the bill includes principles and considerations specific to Aboriginal young people.
Sam Hibbins: On a point of order on relevance, Speaker, the question was not about the bill before the Legislative Council. It did not mention the bill, nor was it in the preamble. The question was in regard to the government’s promise to raise the age of criminal intent to 14, and now that promise has been broken today. That is what the question is about, and I ask you to draw the Premier back to answering the actual question.
The SPEAKER: The substantive question referred to the bill. The Premier was being relevant.
Jacinta ALLAN: The question went to measures to ensure that young people are not in custodial settings. That is exactly what the Youth Justice Bill is about, and I would hope the Greens political party can support that.