‘Child criminals get out of jail free’, says Victoria’s truth telling commission

Juvenile detention should be abolished for those under 16 and a separate system set up for Indigenous children, Victoria’s truth telling commission demands.

The Yoorrook Justice Commission. Picture: Brianna Young / Yoorrook Justice Commission.

Juvenile detention should be abolished for all criminals under 16 and a separate child-protection system set up for Indigenous children with all “decision-making power, authority, control and resources” stripped from government and handed to First ­Peoples, Victoria’s truth telling commission has demanded.

The Yoorrook Justice Commission, established by the Andrews government in 2021, has also called for a new independent police watchdog, with a “dedicated division for complaints from First Peoples that is under First Peoples leadership”.

The commission has been hailed as a prototype for giving Aboriginal people a formalised voice in government decision-making.

But its second report landed on the day state Liberal leader John Pesutto announced he would vote No in the voice referendum, and the commission’s recommendations prompted the opposition to declare there should not be “a separate Aboriginal system in Victoria”.

After handing down the report on Monday, commission deputy chairwoman Sue-Anne Hunter said prohibiting the detention of children under 16 was in line with international human rights standards.

“If a child does something terrible, it is normally because something terrible has happened in their lives,” she said.

“We need to get them the help they need to address what’s going wrong in their life and get them on the right path. Putting them in a youth prison will only make things worse.

“Too often, time locked up in youth detention sets a young person on a path towards the adult justice system.”

The report also urged the government to change bail laws ­beyond amendments already announced and stop routine strip searching in all Victorian adult and youth prisons.

The report states urgent ­recommendations should be implemented within a year, including a new role of the commissioner for Aboriginal children and young people.

Aboriginal women are 13.2 times more likely than non-Aboriginal women to be in prison, and Aboriginal men are 13.6 times more likely than non-Aboriginal men to be in prison.

One bold proposal from the report’s 46 recommendations is the establishment of a new child-protection system solely for ­Aboriginal children, as they are over-represented in the care system at a ratio of 11-1.

Aunty Geraldine Atkinson, centre, with Victorian Deputy Premier James Merlino and Aboriginal Affairs Minister Gabrielle Williams. Picture: NCA NewsWire / Andrew Henshaw

It says the Victorian government must “transfer decision-making power, authority, control and resources to First Peoples, giving full effect to self-determination in the Victorian child protection system”.

Opposition Indigenous affairs spokesman and Nationals leader Peter Walsh said a “holistic” approach must be adopted to close the gap and setting up a “totally separate Aboriginal system” was not the right approach.

“One of the fundamental tenets of our justice system is, it doesn’t matter who you are, you are all equal before the law. By setting up a different system that totally changes our criminal justice system … it is something that would need to be thought through very carefully,” he said.

“I don’t think setting up a ­totally separate Aboriginal system in Victoria is necessarily the way forward. We are all Victorians. We are all Australians. We need to work together to solve this.”

A Victorian government spokeswoman welcomed the commission’s report.

“We welcome the delivery of the Yoorrook Justice Commission’s Critical Issues Interim ­Report and thank the commissioners for their historic, truth-telling work,” she said.

“We will continue listening to and working with the commission in an open, transparent and genuine way and will carefully consider all 46 recommendations.”

The Coalition’s criticisms came as Mr Pesutto revealed he would vote No in next month’s referendum, saying he supported constitutional recognition but not the voice.

“I strongly support recognition of First Nations people in our foundational document, the Constitution,” he said.

“On the voice itself, I have long adopted a cautious disposition on matters of constitutional amendment.

“In general, I support constitutional change if it is not possible to fulfil the same purpose under our existing constitutional framework.

“Putting aside whether one supports or opposes the voice, I believe the objectives of the voice can be achieved without constitutional change.”

Mr Pesutto has withheld his view on the voice for months and is the last opposition leader to publicly declare his position.

Elected in the progressive seat of Hawthorn, the opposition leader has been trying to thwart public perceptions the party holds radical right-wing views after ­expelling Moira Deeming from the party following her attendance at a women’s rights rally that was gatecrashed by neo-Nazis.

The commission also called for a new independent police watchdog with a “dedicated division for complaints from First Peoples that is under First ­Peoples leadership”.

As well, Aboriginal children aged between 10 and 17 are 11 times more likely than non-Aboriginal children to be in custody or under community supervision.

During hearings held earlier this year, Victorian police commissioner Shane Patton said he supported an independent oversight body

Opposition legal affairs spokesman Michael O’Brien called on the Andrews government to better fund the state’s anti-corruption commission before agreeing to set up a new police oversight body.

The commission will conclude in June 2025.