The Victorian Aboriginal Community Controlled Health Organisation (VACCHO) welcomes yesterday’s announcement by the Victorian Government to raise the age of criminal responsibility from 10 to 12 years old with no exceptions.
Victorian Premier Jacinta Allan announced the Youth Justice bill would be introduced to state parliament, with the new reforms expected to come into effect from 2025. This initiative will see Victoria become the first Australian state to raise the age of criminal responsibility to 12 years old.
Raising the age of criminal responsibility has been a longstanding priority for VACCHO, Aboriginal Community-Controlled organisations, medical and legal experts, mainstream service providers, and human rights organisations both in Australia and internationally.
However, VACCHO remains deeply concerned about the detrimental impacts that criminalising children younger than 14 has on their development, and long-term health and wellbeing outcomes.
Children who encounter the youth justice system from an early age are at higher risk of disengaging from education, and reduced employment opportunities – critical determinants of lifelong health and wellbeing outcomes.
According to the Australian Institute of Health and Welfare (AIHW) Youth Justice in Australia Report 2021-20221* young Aboriginal and Torres Strait Islander people are disproportionately represented in the justice system. The report demonstrated that Aboriginal and Torres Strait Islander young people were over-represented in youth justice supervision in every state and territory.
While VACCHO believes the move to raise the age to 12 is a step in the right direction, many Aboriginal and Torres Strait Islander children in the 12-13 age bracket will continue to be disadvantaged, and experience poorer outcomes than their non-Aboriginal peers.
VACCHO believes there should be a greater focus and investment in evidence-based trauma informed intervention programs that address the causes of offending behaviour, and provided targeted supports and interventions that reduce, rather than increase, the likelihood of reoffending.
VACCHO CEO Dr Jill Gallagher AO says this announcement is a long-overdue step forward however calls on the Victorian Government to be bold and brave and truly lead the way by increasing the age of criminal responsibility to 14 years of age.
“Contact with the criminal justice system continues to stigmatise young people and makes it more likely that they will have ongoing contact with the system. This exacerbates intergenerational trauma and perpetuates cycles of disadvantage among Aboriginal and Torres Strait Islander families in Victoria,” said Dr. Gallagher.
“In Victoria we have seen Aboriginal and Torres Strait Islander children aged 12 and 13 in custody when they should be attending their last year of primary school, or their first year of high school. As a society in 2024 we must not allow our Boorais to be left behind.”
VACCHO would like to acknowledge the Victorian Aboriginal Legal Service (VALS) for their staunch advocacy in the justice health space.
*Australian Institute of Health and Welfare (2022) Youth Justice in Australia 2020–21, catalogue number JUV 138, AIHW, Australian Government.
