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The nation’s inaugural Commissioner for Aboriginal and Torres Strait Islander Children says controversial new youth crime laws in Victoria will violate Australia’s international human rights obligations.
The Justice Legislation Amendment (Community Safety) Bill passed Victoria’s parliament late on Thursday.
The laws were announced last month and spent just two days in parliament before passing.
Referred to as the Adult Time for Violent Crime laws, the changes will see children as young as 14 face adult courts and receive adult sentences for certain violent offences, including carjacking, home invasion, and armed robbery.
The new legislation is designed to increase the number of children being incarcerated and extend the duration of their sentences.
The National Commissioner for Aboriginal and Torres Strait Islander Children, Sue-Anne Hunter, has told NITV that it is important to remember the children who will be affected by these changes are human beings.
She also warned the laws would violate Australia’s obligations under the Convention on the Rights of the Child, which states that detention for children should be a last resort and also only be for the shortest period possible.
“There’s no such thing as a safe community without human rights, and there are no evidence-based solutions that would ever require us to infringe on children’s rights,” the Wurundjeri and Ngurai Illum Wurrung woman said.
“Human rights are not something we can disregard based on community expectations, and I reckon it’s very dangerous to normalise the idea that they are.”
The state government has also increased the maximum jail sentence for aggravated home invasion and aggravated car jacking, meaning 14-year-olds convicted of the offences could face maximum life sentences.
“There are no easy solutions to youth crime, and the best approach is always to stop crime before it starts,” said Attorney-General Sonya Kilkenny.
“But we absolutely need serious consequences for violent youth crime to protect the community now.”
Although she advocates for the urgency of these laws, Ms. Kilkenny has admitted that they do not fully align with the state’s human rights charter.
Ms Hunter also served as a commissioner on the Yoorrook Justice Commission, Victoria’s state truth telling inquiry.
In 2023, Yoorrook advised the government to raise the minimum age of criminal responsibility to 14 and prohibit detention for children under 16.
“The back flip is really hard to watch”, she said of the response to the Commission’s testimonies.
“We had people come forward with stories of being locked up or detained at 10 years of age – there are clearly stories there about the trajectory in their lives and how you end up in the adult justice system.
“If we look at early intervention and prevention, and we wrap around these families and these children, we will get it right.
“But punishing kids is not the answer.”
Ms Hunter’s comments come after the Victorian Aboriginal Legal Service, the Victorian Equal Opportunity and Human Rights Commission, and the Victorian Commissioner for Aboriginal Children and Young people all publicly expressed outrage at the laws.
The Human Rights Law Centre (HRLC) has entered the discussion, criticizing the state government’s choice to expedite the passage of the legislation.
The organisation warned the laws would disproportionately impact First Nations children that are already over represented in the criminal justice system.
“It should alarm everyone that the Allan Government is willing to trample over the rights of children as young as 14 and arbitrarily condemn them to irreversible harm behind bars to score cheap political points,” said Sohini Mehta, a senior lawyer with the HRLC.
“Children deserve futures, not cages and life sentences,” emphasized the HRLC.
