Wednesday, 11 May 2022

Legal and Social Issues Committee

Inquiry into Victoria’s Criminal Justice System

Ms MAXWELL (Northern Victoria) (17:16): I rise to speak on the Legal and Social Issues Committee report on the inquiry into Victoria’s criminal justice system. With more than 50 per cent of people incarcerated in Victoria going on to reoffend and 6 per cent of offenders being responsible for more than 44 per cent of crimes reported to Victoria Police, there was a solid case for evaluating how we break the downward spiral of offending and try to limit the suffering of those who are victims and survivors. In retrospect, given how broad this inquiry was I probably would have preferred that the examination of the criminal justice system was separated into two parts: firstly, how we address serious and violent offending, and then a separate consideration of lower level offending.

In considering factors that increase the risk of engagement with the criminal justice system the inquiry confirmed that adverse childhood experiences have a significant impact and that support for children and young people should be community led, place based and focused on education and employment. How we implement early interventions and primary prevention strategies that address the root cause of offending, particularly where it relates to disadvantage, trauma, childhood neglect and family violence, is an ongoing challenge and a responsibility. This was strongly reflected in the report and is a key focus of the regular discussions I have with ministers about our justice system.

While the inquiry gave a general recommendation to raise the age of criminal responsibility, I acknowledge the answer the Attorney-General recently gave to a question in the chamber about this very matter. I am very supportive of the Attorney’s response that the focus should be on holistic programs that stop children from being caught up in the justice system in the first place. How we support at-risk children and, importantly, their families with appropriate, trauma-informed services that are implemented early with intensity and consistency must be a priority.

This inquiry considered diversion programs and the important role they have to play in providing alternative pathways to prison whilst keeping our community safe. Victoria Police issue around 130 000 cautions and diversions every year, and Drug Courts are another judicially supervised pathway that is proving effective and worthy of expansion. There are various recommendations about data and the importance of evaluations and transparency. Some will be difficult to implement and require further unpacking with key stakeholders before progressing.

Three chapters of the inquiry report are dedicated to victims of crime, their experience and support. Some of the recommendations made by the inquiry have progressed quite recently, including a new financial assistance scheme, which will go a long way to assisting victims of crime, something I have been advocating for since my first day in Parliament.

While I made a deliberate decision not to submit a minority report, I will put on record my strong opposition to any watering down of practices or laws relating to high-risk offenders or that may rush major law reform without evidence-based early interventions in place that are well-funded, evaluated and working. This makes it clear that our justice system should ensure that presumptions against bail are targeted to serious offending and serious risk. It also recommends that any review of practices should take the views of victims and law enforcement into account. I will note that offences subject to strict circumstances in the granting of bail include serious charges such as murder, manslaughter, threats to kill, rape, incest, family violence, drug trafficking, home invasion and committing offences while on parole. These are not trivial offences, and they are certainly not victimless.

We cannot forget the six people killed and 30 injured at Bourke Street Mall. We cannot forget the families who suffer after their loved ones have been killed by someone on parole or bail. This did not just happen once. It happened to Jill Meagher, to Karen Chetcuti, to Zoe Buttigieg, to Courtney Herron, to Masa Vukotic. Before the Coghlan review more than 20 Victorians were killed by serial offenders who should have been in jail—20 offenders.

With more than 800 pages and 100 recommendations there will continue to be much to say about the justice inquiry. I look forward to the government’s consideration of the recommendations made and the continued debate it will no doubt generate as we continue to endeavour to make our community safer.