Today, we are calling on the Victorian Parliament to strengthen the Youth Justice Bill. We stand alongside a coalition of Aboriginal and Torres Strait Islander, human rights, social services, health, youth, religious, and legal advocates in this crucial effort. Together, we urge the Parliament to raise the age of criminal responsibility and enact reforms that prioritise rehabilitation and support for young people. This bill has been in the making for five years, offering a hopeful step towards a more just system with better sentencing, cautions, and diversion programs. However, there's more to be done. Every child deserves the chance to grow up safe, healthy, and free from the harmful effects of the criminal legal system. We urge the Victorian Parliament to: ➡ Raise the minimum age of criminal responsibility to at least 14 years old—consistent with Yoorrook Justice Commission's recommendations. ➡ Remove police powers to transport, detain, and use force on children aged 10 and 11. ➡ Scrap the trial of electronic monitoring on children. ➡ Prohibit the detention of children in adult prisons. Dr Mick Creati's evidence to the Yoorrook Justice Commission emphasised that children's brains are still developing, making them less capable of fully understanding the consequences of their actions. "The part of the brain that’s responsible for impulse control and seeing the consequences of your actions is not fully developed until you are about 25-years-old." He argued that, given their neurological immaturity, children should not be held criminally responsible. Instead, policies should focus on rehabilitation and support, recognising that young people need guidance and care, not punishment, to grow into responsible adults. It's crucial to protect vulnerable children—especially those who are Aboriginal and Torres Strait Islander, in residential care, from multicultural backgrounds, regional areas, or facing disabilities and mental health issues. We believe in a justice system that supports rehabilitation over punishment, prioritising community-based programs that help children learn from their mistakes. Together, let's ensure a brighter future for all Victorian children. Preventing criminal legal system contact and fostering meaningful reintegration is beneficial for our young people and our communities. Let's ensure all Australian children and young people get the chance to thrive. Read more: https://lnkd.in/g-kNeWQq #RaiseTheAge #Health #Science Jacinta Allan Anthony Carbines MP Enver Erdogan MP Natalie Suleyman MP Natalie Hutchins MP Victorian Aboriginal Legal Service WEstjustice Human Rights Law Centre Youthlaw | Young People's Legal Rights Inc Jesuit Social Services Youth Support + Advocacy Service Brotherhood of St Laurence Youth Affairs Council Victoria
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Addressing disproportionality in the youth justice system is, and has been, a longstanding priority for the sector. Lewisham Youth Justice Service recognised it is not enough to call itself not racist; it needed to explicitly state and show how it is an actively anti-racist organisation. In a move towards becoming a trauma-informed and anti-racist youth justice service, Lewisham has pioneered an anti-racist strategy into high-quality service delivery to encourage racial equity and improved outcomes for Black and Mixed heritage children in the youth justice system. 💪 In embedding anti-racist practice, Lewisham has used the TI-AR-RA model, a multi-faceted trauma-informed, anti-racist and restorative approach (TI-AR-RA). These elements are weaved through each part of a child’s journey at the service and include: 👮♂️ The journey of Black and Mixed heritage children presented to partners including police and solicitors. 📽 TIARRA model filmed as a training package for the judiciary nationally. ✍ Pre-sentence reports reworked to begin with the assessment of the child – significant impact on sentencing and custodial outcomes. 🧘♀️ Senior therapist from Lewisham Youth Justice Family Team facilitates a children’s therapeutic network. Lewisham’s approach has seen huge reductions in first time entrants to the youth justice system and in the use of custody. The service is #ChildFirst and has also seen the TI-AR-RA model adopted and embedded within police, courts and other key stakeholders. The service is providing training to the courts to support the adoption of the model. ⚖ The model has also contributed to largescale workforce development and in 2021, Lewisham was part of HM Inspectorate of Probation's thematic inspection on Black and Mixed heritage children. It completed deep dives into multiple practice areas and made changes to family and court work as a result. #BlackHistoryMonth #TraumaInformed #ChildFirst #RacialDisparity #YouthJustice
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We all want to be part of a society where people get the support they need and everyone's rights are respected - especially when help's most needed, and especially children. That's why the Senate's new inquiry into Australia's youth justice and incarceration system is so important. Australia's child justice systems are ineffective and do untold harm - criminalising children as young as 10, punishing children instead of fixing root causes, and falling far short of child rights and human rights minimum standards. It's a national issue that needs national leadership. The inquiry’s terms of reference rightly point to the need for enforceable national minimum standards for youth justice. It will highlight the critical importance of the United Nations Convention on the Rights of the Child and focusing on children's rights in Australia. A rights-respecting approach to youth justice is our best opportunity for transformative system change, to all of our benefit. We can do so much better. Submissions are open until 10 October - if you have a perspective to share, now’s the time. 54 reasons Save the Children Australia The Australian Child Rights Taskforce #childrights #youthjustice #RaisetheAge #UNCRC
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It is time for a cross-jurisdictional approach to youth justice in Australia that is child-centred, guided by evidence and the voices of young people with lived experience, and that protects human rights❗ In our latest submission, CREATE calls on the Commonwealth Government to take action on key reforms that will make a difference for children and young people with a care experience. Our recommendations include: ✅ Raising the age of criminal responsibility to 14 years without exceptions. ✅ Raising the minimum age of criminal detention to 16 years. ✅ Implementing a therapeutic youth justice model that treats the detention of children as a last resort, focuses on priority groups (especially children and young people with a care experience), uses evidence-based approaches, and actively involves young voices. The model must also include a solid evaluation framework for accountability. ✅ A joint agency protocol to reduce unnecessary police call-outs to residential care services. You can read our submission containing quotes from children and young people on our website 👇 #YouthJustice #ChildRights #CREATE #YouthVoices
Read CREATE's latest Submission
create.org.au
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Dear David Crisafulli MP, I write with deep concern about the proposed youth justice legislation in Queensland. As someone who has studied the findings of the Royal Commission into the Protection and Detention of Children in the Northern Territory, I feel compelled to share some critical perspectives about the path Queensland appears to be taking. The "adult crime, adult time" approach has been proven repeatedly to fail both young people and communities. The Royal Commission provided extensive evidence that punitive measures increase recidivism rather than reduce it. When we treat children as adults in the justice system, we ignore fundamental developmental science and create conditions that make rehabilitation nearly impossible. Consider these sobering realities: -The NT Royal Commission found that harsh detention approaches actively produced more crime rather than preventing it - Children in grade 4 – some still with their baby teeth – would face potential life sentences under these laws - First Nations youth are likely to be disproportionately impacted, as they already face systemic barriers and over-representation in the justice system - Removing "detention as a last resort" contradicts international human rights obligations regarding children's rights Rather than fast-tracking these changes, I urge you to: - Review the comprehensive evidence from the Royal Commission about what actually works to reduce youth crime - Consider alternative approaches focused on early intervention, rehabilitation, and addressing root causes - Engage with community leaders, youth workers, and First Nations representatives to develop more effective solutions - Allow proper parliamentary scrutiny of such significant changes that will affect young lives You have pledged to reduce victim numbers. However, creating more punitive measures will likely create more victims in the long run - both direct victims of crime and the young people whose lives will be devastated by adult imprisonment at a critical developmental stage. As the Human Rights Commissioner noted, "A society that treats its children in the same way that it treats its adults is a society that's lost its way." There is still time to choose a different path - one based on evidence, compassion, and genuine commitment to community safety through rehabilitation rather than retribution. I respectfully ask you to pause this legislation for proper consultation and consideration of alternative evidence-based approaches that will actually achieve your stated goals of creating safer communities. Sincerely, BK
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As we mark International Children's Rights Day 2024, I reflect on a critical truth I've witnessed throughout my career: children deprived of liberty remain among the most vulnerable and forgotten members of our society and we impose a systemic and structural violence upon them. During the collective work on the UN Global Study on Children Deprived of Liberty, we identified 7 million children worldwide who are detained in various contexts per year - from migration facilities to institutions, from armed conflict situations to criminal justice systems. Each number represents a child whose rights and freedoms have been curtailed, often without proper justification or due process. This continues to take place and has worsened in many areas. The phrase "leaving no one behind" rings hollow when we continue to place children behind bars and continue to create unhealthy societies which focus on punishment rather than rehabilitation. As we noted in our research, published in "Human Rights Behind Bars," detention has profound negative impacts on children's physical, emotional, and cognitive development. AND alternatives exist around the world. Successful diversion programs, community-based care, and restorative justice approaches have shown promising results across different regions and contexts. We need to continue to: -Listen to children's voices and experiences -Invest in prevention rather than detention -Implement child-friendly justice systems -Strengthen child protection mechanisms -Ensure proper data collection and monitoring As the UN Committee on the Rights of the Child emphasizes, every child deserves protection, participation, and the opportunity to develop to their full potential. This isn't just about policy - it's about recognizing EACH child's inherent dignity and worth. Let's use this International Children's Rights Day to move beyond awareness to action. Children behind bars may be invisible to most of us, but they shouldn't be forgotten and we should, more than ever, reform our old ways which dont work. Together, we can work toward a world where detention truly is a measure of last resort and for the shortest appropriate period of time - if absolutely necessary- and not the first step as we see it very too often. But we should go beyond and end detention for children all in all. #ChildrensRightsDay #ChildRights #HumanRights #ChildJustice #UNGlobalStudy #ChildProtection #UNCRC
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CREATE welcomes the establishment of the Senate Inquiry into Australia’s youth justice and incarceration system. 🗞 https://lnkd.in/gqeP7ej5 In light of the recent news stories in QLD, VIC, NT and WA*, CREATE sees this as an opportunity to protect children's rights across the country. There is a fundamental need for a cross-jurisdictional approach that is child-centred, evidence-based and protects human rights. When viewed through an intersectional lens i.e., considering the criminalisation of young people in care, the impact of racism and overrepresentation of Aboriginal and Torres Strait Islander young people in youth justice, poverty (including access to safe and stable housing), unsupported health needs (including mental health), and impact of contact with the police; it is evident that the system is not child-focused. * See recent news stories: - https://lnkd.in/g7Uu8uUf - https://lnkd.in/gC2gvwuR - https://lnkd.in/gveYUtV6 - https://lnkd.in/gGrgSn8s
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What if the real solutions to youth crime already exist within our communities? The Queensland government just announced a $50 million commitment to find the best youth crime solutions globally—but we don’t need to look far. Community-led approaches like justice reinvestment and Indigenous-led solutions are already reducing crime and empowering young people through cultural connection and support, not punishment. 🔑 The big question: Why are governments doubling down on punitive policies that don’t work when the answers are right in front of us? 🔎 In the latest blog, I explore how community-driven solutions are the future of youth justice and how empowering local leadership is key to breaking cycles of incarceration. It’s time to shift the focus from punishment to healing. Read the full blog here and join the conversation. https://lnkd.in/gK5QsUPy
Community at the Core: Empowering Local Solutions in Youth Justice
justiceco-lab.com
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A striking sadness that concerns about overcrowding are given more prominence in reporting than #childrights 😔 - right across Australia, right now, numbers of children placed in institutional forms of care is rising, not just in youth justice but also in 'care and protection' settings. More beds, more children, less individual care. #why #abedisnotanoutcome #childrenmatter The government concedes the laws are contrary to international and state human rights law, are discriminatory against young people and will “have a greater impact on Aboriginal and Torres Strait Islander children”. Many raised concern that the state’s overcrowded youth justice system – which already detains more children than any other state – would be overwhelmed ... the government will ... review the effectiveness of the laws and potentially expand them.
Queensland children as young as 10 face life sentences for murder as tough new laws pass parliament
theguardian.com
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Jesuit Social Services notes that the landmark Youth Justice Bill passed Victoria’s upper house overnight. This is an important step towards significant reform to the state’s youth justice system – some changes will support children to lead more positive lives, and some we are deeply concerned about. Victoria will become the first Australian state to raise the age of criminal responsibility from 10 to 12 years. This is something we have long advocated for, however we are disappointed that the Victorian Government this week announced it would walk away from the second phase of its commitment to raise the age from 12 to 14 by 2027. International human rights standards and evidence around children’s brain development suggest we should raise the age to 14 with no exceptions – and we believe the job is only half done until this is implemented. There are some positive aspects to the Youth Justice Bill, such as an increased emphasis on diversion options to support young people to take accountability for their actions in the community. At the same time, a trial of electronic monitoring and further erosion of the state’s unique dual track system aren’t based on the evidence of what works about preventing crime from occurring. We will continue to advocate to the Victorian Government about the type of youth justice system we want to see to create stronger, more cohesive communities for everyone. Read more here: https://lnkd.in/gHae-MrA
Victorian government's youth justice reforms one step closer after passing upper house
abc.net.au
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A giant step backwards. An abandoned promise to the children and young people of Victoria. Decisions to ignore evidence that punitive approaches towards young people do not work are sadly short sighted and don't improve thriving communities in the long term. Allies for Children supports the age of criminal responsibility being raised to a minimum of 14. State Governments need to invest in measures to support children, young people and families, not invest in further criminal justice responses that don't address underlying issues of disadvantage. We can do better than locking children in prison. Our communities need educating about why children might engage in antisocial behaviour, the real path towards community safety lies in investment in therapeutic responses to concerning behaviour - many of which have been trialled around the country with proven success in diverting children away from the youth justice system. Allies for Children calls for the governments of each state and territory to raise the age of criminal responsibility to at least 14 years old, with no exceptions. https://lnkd.in/gNmcbv-8 #raisetheage #earlyintervention #supportchildrentothrive #investmentincommunities The Benevolent Society OzChild Life Without Barriers Act for Kids MacKillop Family Services Key Assets (Australia) Barnardos Australia
Age of Criminal Responsibility of Children — Allies For Children Australia
alliesforchildren.org.au
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