First Peoples' Assembly opposes Premier's hard line youth crime laws in first test of Treaty
Victoria's First Peoples' Assembly has challenged the government's tough new youth justice reforms, creating the first major test for the state's recently passed Treaty laws.
The first major law-and-order test looms for the state’s newly passed Treaty laws as the First Peoples’ Assembly flags it is opposed to the Victorian Government’s unprecedented ‘Adult Time for Adult Crime’ youth justice overhaul.
Last week, Premier Jacinta Allan unveiled its hard line new policy against violent youths terrorising Melbourne, stating that children as young as 14 could face life behind bars, instead of the current maximum of three years, under a radical overhaul of the justice system.
The reforms have been widely applauded by the community, but opposed by child advocates.
However, the Herald Sun can reveal that the policy could potentially face hurdles when it’s debated in parliament next year, with the First Peoples’ Assembly of Victoria, the state’s Indigenous body, publicly opposing the tough new youth justice measures.
Representatives argued the policy does not align with the state’s Treaty agreement, which passed parliament last month.
Under the historic Treaty laws, a new entity will replace the Assembly next year, called Gellung Wurl, which will be expanded and have powerful consultative and oversight abilities spanning across a swath of departments including justice.
Every new Bill will also require a report of compatibility with the Treaty before it comes into effect.
The body will also have a direct line to the Attorney general’s office and will be able to heavily lobby to have the youth justice laws amended when it comes to Indigenous youths, meaning if the laws are not passed before the new body comes into effect it is very likely they would be heavily watered down in relation to Indigenous offenders to be given the tick of approval.
The new body could also lobby to have the youth justice laws amended in the future.
Assembly Co-chair and Wamba Wamba, Yorta Yorta, Dja Dja Wurrung and Dhudhuroa woman Ngarra Murray said the Assembly was deeply disappointed by the government’s announcement last week, especially as it comes only days after the Victorian Governor signed off on the law, and ahead of the Treaty set to be publicly signed with the government on December 12.
“Our people are already over-policed and over-represented in prison populations,” she said.
“Aboriginal communities will again bear the brunt of the government’s proposed changes, which will result in Aboriginal children being locked up in prison and kept away from their families for longer. Rather than setting children on the right path, this risks pushing them into a lifetime of offending.”
Shadow Attorney-General James Newbury said the historic Treaty agreement was already causing an issue for the Allan Government.
“Within weeks of the Premier Jacinta Allan signing off on her own Treaty, the First People’s Assembly have already confirmed they are going to frustrate Labor from toughening the law,” he said.
“I’m sure every Victorian will see the irony of Treaty tying up the Premier. We need to get tough on crime and only the Coalition will.”
Previously Ms Allan has publicly stated that the new Indigenous body will be consulted on all new laws and policies once established but claimed it “would not have veto powers” on legislation and policy.
Last week when talking about the youth justice overhaul in parliament Ms Allan swatted away questions about whether Indigenous Victorians backed the changes.
“I was speaking this morning with someone who works in the youth justice sector who was at the treaty signing event this morning and who is proudly an Indigenous Victorian,” she said.
“They said well done.
“They said there needed to be change. They talked about the challenges of showing kids — Aboriginal kids — that there need to be boundaries...That is exactly what we are doing with the introduction of adult time for violent crime, where kids get treated as adults for these violent crimes, where jail is more likely and sentences are longer, and that keeps all of us safe, including those Aboriginal kids, who are also disproportionately victims of crime.”
The State Government has been approached for comment.
In 2023–24, there were 795 Aboriginal alleged youth offenders, a rate of 737.3 per 10,000, this compared to 6230 offenders, a rate of 98.7 per 10,000 for non‑Aboriginal young people.
The Assembly declined to make further comment until the youth justice legislation had been introduced by the Victorian Government, which is promised by the end of the parliamentary year.
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Originally published as First Peoples' Assembly opposes Premier's hard line youth crime laws in first test of Treaty
