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‘A betrayal of Victoria’s children’: Legal organisations condemn amendments to Youth Justice Bill

Legal organisations have expressed their disappointment with the Victorian government’s decision to retract its commitment to raising the age of criminal responsibility to 14.

user iconGrace Robbie 16 August 2024 Big Law
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Earlier this week, Premier Jacinta Allan revealed that the Victorian government had abandoned its plan to raise the age of criminal responsibility to 14 by 2027 despite the community’s advocacy for change amid a youth crime epidemic.

Instead, the Premier announced that the state government would take decisive action by amending the Youth Justice Bill 2024, which includes strengthening the bail test for young people who commit serious crimes to ensure greater clarity.

Allan confirmed that the revised Youth Justice Bill would also increase the age of criminal responsibility for children from 10 to 12. However, she clarified that no further adjustment to extend the age would be made.

 
 

The state government, then led by Daniel Andrews, had previously announced its plans to raise the age of criminal responsibility to 14 in April last year after receiving pressure from medical authorities, legal experts and Indigenous organisations.

However, Allan explained that this plan was made “at a different time, by a different government with a different premier”.

This decision has been met with immediate criticism from several state legal organisations, including Victorian Legal Aid, which has expressed how extremely let down they are by the state government’s choice to backtrack on its pledge.

“We are deeply disappointed with the state government’s decision to abandon its commitment to raise the age of criminal responsibility to 14,” it said.

The acting executive director for criminal law at Victorian Legal Aid, Kate Bundrock, said that “raising the age was the right move then, and it’s the right move now”.

“Young children aged 12 and 13 should be finishing primary school, they shouldn’t be in police cells or court,” she said.

“Kids this age thrive when they are engaged, supported and cared for, and this is what leads to better long-term outcomes for the community. This decision is a backwards step for Victoria.”

The Human Rights Law Centre (HRLC) also underscored its profound disappointment and deep concern regarding the announcement, stating that the decision to increase the age to 14 is “the bare minimum reform the Allan government must make” and “represents a failure by the Victorian government to uphold the human rights of Victorian children”.

HRLC associate legal director Monique Hurley described the decision as a “heartless move which will break children’s lives and cause avoidable lifelong harm”.

“Premier Allan’s capitulation to the police and conservative media is a betrayal of Victoria’s children,” she said.

“Instead of listening to the abundance of expert evidence from Aboriginal and Torres Strait Islander, medical, child development, youth, legal and human rights groups on what works to help children and make the community safe, the Allan government has yet again chosen a knee-jerk response that will continue to pipeline children into youth prisons.”

The chief executive of the Law Institute of Victoria, Adam Awty, also expressed that “the LIV is deeply concerned that the government is walking back on its promise to raise the age of criminal responsibility to 14 years of age by 2027”.

“Our community is at a critical juncture where we can take action informed by the evidence of experts and built on years of consultation to deliver a youth justice framework that protects our children, diverts them from the justice system, and has appropriate safeguards to keep the community safe,” he said.

“We owe it to our kids and the community to get the youth justice reforms right.”