Yoorrook Justice Commission threatens ‘accountability hearings’

Victoria’s truth-telling body has threatened to haul Labor ministers before ‘accountability hearings’ for failing Indigenous people.

Victorian Premier Jacinta Allan at the Yoorrook Justice Commission in April. Picture: David Crosling/NewsWire

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Victoria’s truth-telling body has threatened to haul Labor ministers before “accountability hearings” as it accuses the Allan government of failing to honour First Peoples who have shared their experiences brought on by colonisation and historical ­injustices.

The state government’s updated response to the Yoorrook Justice Commission’s 2023 Yoorrook for Justice report has been met with a backlash from Indigenous organisations, who say Labor’s lack of action in implementing recommended reforms to child protection and justice systems is “disappointing”.

The Yoorrook for Justice ­report was handed down in September last year and includes 46 recommendations. In response to the review, the government in April tabled its own report which stated that it had endorsed four recommendations in full, supported 24 in principle, rejected three and would consider the other 15.

Now, more than six months later, the government has backed an additional two recommendations in full, a development that the truth-telling chair, Eleanor Bourke, argues “doesn’t show nearly enough implementation or nearly enough progress”.

“First Peoples across Victoria expected to see genuine progress in this report that would create transformational change for our people,” Professor Bourke said.

“Instead, 13 months after we delivered Yoorrook for Justice, only six of our 46 recommendations are fully supported. After waiting more than a year, this ­simply isn’t good enough.” A mandatory criteria for the selection, appointment and performance reviews of the chief police commissioner and a new Youth Justice Act which embeds human rights, including distinct cultural rights of First Peoples in the youth justice system, are the new recommendations supported in full.

Yoorrook Justice Commission Eleanor Bourke chair. Picture: Tricia Rivera

The government also now supports, in principle, the establishment of an independent oversight commission to monitor and evaluate First Peoples-related policies and programs.

The commission chair highlighted that Yoorrook had heard 16 apologies from government representatives for the systemic harm caused by the state to First Peoples, but that for an apology to be “truly meaningful” it must be followed by “action to address what is being apologised for”.

“In our truth-telling work we have spoken with thousands of First Peoples across the state, many who have shared often painful evidence with Yoorrook,” Professor Bourke said.

“Yoorrook has heard stories of babies being removed from their mothers at birth, which puts the most vulnerable children on a path from child protection into the criminal justice system. These systemic failures are examples of how our people face intergenerational racism and discrimination.

“The scale of the government’s response is deeply disappointing. It does not honour our people who have come forward and given us their life stories.”

Professor Bourke said if progress on the recommendations stalled, commissioners would have “no hesitation in recalling ministers to account for the lack of action”. If accountability hearings are ordered, it is likely they will be scheduled for early next year.

Victorian First Peoples and Treaty Minster Natalie Hutchins. Picture: Valeriu Campan /NewsWire

A government spokeswoman said: “We are working through the recommendations of the Yoorrook Justice Commission to deliver considered and sustainable reforms.”

Victorian Aboriginal Legal Service chief executive Nerita Waight said there had been at least three Aboriginal deaths in custody in Victoria since the ­Yoorrook’s second interim report was released.

“This is the ultimate price our people pay for government inaction,” she said. “The Yoorrook Justice Commission have clearly spelt out what self-determination means, but from this response it seems like the Victorian government is still struggling to understand the concept.”