Legal Aid Victoria staff are welcomed to Country by traditional Lajti Lajti custodians, who held a smoking ceremony to mark the recent opening of the service’s new Mildura office. Photo: @VicLegalAid.
At the same time as Legal Aid Victoria (LAV) has celebrated the launch of its stand-alone First Nations Services directorate, the organisation has been “deeply disappointed” by the State Government’s decision not to raise the age of criminal responsibility to 14.
While LAV welcomed the passage of the Youth Justice Bill 2024 and its focus on prevention, diversion and rehabilitation, the service was “disappointed” that Victoria’s Government had neglected the evidence it was provided with last year for raising the age to 14 by 2027.
Instead, among a swathe of amendments to the bill, the government has decided to raise the age of criminal responsibility for children up to 12 years old.
First Nations Services director Ashley Morris said the decision suggested the government had ignored the voices of the community and the recommendations of the Yoorrook for Justice truth-telling commission – “which they established”.
“Inevitably, it is First Nations kids and children of colour who bear the greatest burden of not lifting the age of criminal responsibility – and it is hard to see anything other than systemic racism as the reason why the age wasn’t lifted long ago,” Mr Morris said.
“This severely undermines progress towards addressing systemic racism.”
Victorian Aboriginal Legal Service CEO Nerita Waight called the Victorian Cabinet’s decision “heartless”.
”We must have spent hundreds of hours helping the Victorian Government develop the Youth Justice Bill,” she said. “It’s devastating to see so little left after the Victorian Government first abandoned bail reforms for children and has now abandoned raising the minimum age of criminal responsibility.
“It’s obvious that the Victorian Government has caved to a scare campaign from Victoria Police and the Herald Sun. Neither of them will reward the government for bending the knee.
“It will be very hard for Aboriginal communities to trust this government now that we know she will ditch their commitments.”
Ms Waight noted the Youth Justice Bill was “just one piece of the puzzle” as more had to be done by investing in community services that were in need. She cited Balit Ngulu, Victoria’s only dedicated legal service for Aboriginal children.
After opening its new office in Mildura last month, LAV more recently celebrated the creation of its stand-alone First Nations Services directorate.
Mr Morris said the move would better ensure that service design and delivery prioritised culture, acknowledged trauma and supported healing, addressed racism and promoted cultural safety.
The directorate will lead and support projects and initiatives that aim to address systemic racism and disadvantage and are shaped by self-determination and accountability of First Nations peoples.
LAV board chair Bill Jaboor said the directorate would not only help the organisation fulfil its Reconciliation Action Plan (RAP) commitments on increasing the proportion of First Nations staff, but also allow it to better promote reconciliation outcomes and culturally safe services across the legal sector.
