Children’s commissioner for Aboriginal youth should be legislated, chiefs say

A commissioner for Aboriginal young people should be legislated, existing chiefs say.

Commissioner for Aboriginal Children and Young People, Meena Singh, at the Yoorrook Justice Commission

Victoria’s commissioner for children and young people, Liana Buchanan, and the state’s commissioner for Aboriginal children and young people, Meena Singh, have both welcomed a Yoorrook justice commission recommendation to enshrine the role for Indigenous children specifically.

The Yoorrook report, published on Monday, called for an overhaul of the state’s criminal justice and child protection system amid persistent over-representation of Aboriginal people in jail and out-of-home care.

One of its urgent recommendations to the Victorian state government is to specifically establish the role of commissioner for Aboriginal children and young people in law, as the principal role is.

The report noted the Aboriginal commissioner role has no powers unless the principal commissioner chooses to delegate them, because it is not legislated.

“This situation contrasts with jurisdictions such as South Australia and ACT where the role of commissioner for Aboriginal children and young people is expressly set out in legislation,” the report said.

“There must be an independent, dedicated, properly resourced and empowered commissioner for Aboriginal children and young people in Victoria whose role is … recognised in legislation.”

In a statement released on Monday, both commissioners urged the state government to take up the recommendation.

“In 2013, the Victorian government showed initiative by appointing the first dedicated commissioner for Aboriginal children and young people in Australia. Ten years later, Yoorrook’s recommendations take this further by enshrining this role in legislation,” Commissioner Singh said.

They also welcomed recommendations for new powers to receive complaints from Aboriginal children and young people in child protection and out-of-home care, and to intervene in legal proceedings.

The Yoorrook report said there was a 51 per cent increase in the number of Aboriginal children in out-of-home care between 2016 and 2022.

At December 31, 2016, there were 1743 Aboriginal children in out-of-home care. At December 31, 2022, there were 2635 Aboriginal children in out-of-home care.

Nationally in 2022, 42.8 per cent of children aged 0-17 in out-of-home care were Aboriginal and Torres Strait Islander – an increase of 2.8 per cent since 2019, according to the productivity commission.

In 2022, Aboriginal and Torres Strait Islander children aged 0-17 made up 6 per cent of the general population.