Tuesday, 30 April 2024

Yoorrook Justice Commission

Samantha RATNAM (Northern Metropolitan) (12:44): (500) My question is for the Leader of the Government. I firstly want to acknowledge the historic Yoorrook Justice Commission and the most recent land, sky and waters hearings. We commend the Premier and other ministers, including you, for appearing before the commission and giving evidence.

In September 2023 Yoorrook handed down its second interim report, with 48 recommendations on the child protection and criminal justice systems. On 3 April your government announced that it would only accept four recommendations in full, and three recommendations were rejected outright, including raising the age of criminal responsibility, bail reform and pursuing human rights abuses through VCAT. Yoorrook expressed disappointment, saying these reforms are crucial given the alarming overincarceration of First Peoples adults and children and ongoing deaths in custody. VALS CEO Nerita Waight said:

The Victorian Government’s response to the Yoorrook … report does not give our people any confidence that they are ready to commit to the transformational change treaty requires when they can’t even lay the groundwork in the child protection and criminal justice systems …

Given the Allan Labor government is already rejecting key recommendations, how can First Nations and the broader Victorian community have confidence that your government is committed to hearing the truths being told at this historic commission?

The PRESIDENT: I think this is asking for an opinion. The minister can answer as she sees fit.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:46): Dr Ratnam, you have reflected on a range of matters, and you ended with ‘How can our First Nations Victorians be confident in our commitment?’ I think the attendance of the Premier yesterday is a testament to the commitment to walking alongside Indigenous Victorians on a path to treaty. We are in the middle of a truth and justice process. I think that we are walking the walk and talking the talk and have demonstrated that. Having non-Indigenous commentators undermine that process seems at odds with the commitment that we are demonstrating, and I would ask you to join us in our strong commitment to understanding, acknowledging and responding to the needs of Aboriginal Victorians so that we can close the gap and respond to a number of issues that are important to Aboriginal Victorians. It is part of our everyday work.

Samantha RATNAM (Northern Metropolitan) (12:47): Thank you, Attorney. In response, I disagree with your assertion that the Yoorrook commission, the First Peoples’ Assembly and the Victorian Aboriginal Legal Service can be considered commentators. They are significant voices in this conversation, and they expressed –

Members interjecting.

Samantha RATNAM: I was paraphrasing and quoting their response. The truth-telling process, Attorney, will only be as effective as how willing governments and the community are to hear and accept the uncomfortable truths that are being revealed. To the last question my colleague Ms Copsey raised about your government’s commitment to raising the age of criminal responsibility, a key recommendation by Yoorrook, you suggested that a commitment to raising the age to 14, even by 2027, is now an aim, not a certainty. To be clear – because we have heard a lot of equivocations – is your government confirming that it is walking away from raising the age of criminal responsibility to 14 without exception, despite it being called for by the UN, legal experts, human rights organisations, First Nations and the Yoorrook Justice Commission?

The PRESIDENT: I am not sure how that is supplementary to the substantive question. The issue with these supplementary questions is that the minister only has 1 minute to respond to quite a substantive question. Once again I will let the minister answer as she sees fit.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:48): We will continue to work with the First Peoples’ Assembly. I have a deep personal commitment to the Aboriginal Justice Forum. The justice ministers sit down and consult with people in the field – people representing Aboriginal organisations and Aboriginal community – and that commitment remains, regardless of your audition for your next role.