Criminal responsibility age a ‘betrayal of trust’

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Melton Indigenous organisation Djirra in the West has slammed the state government for a “betrayal of trust.”

On Tuesday, August 13, Premier Jacinta Allan announced the age of criminal responsibility in Victoria will be raised to 12, despite the previous Andrews government promising to make it 14.

Djirra chief executive Antoinette Braybrook said she was “incredibly disappointed” by the change to the legislation and that it would disproportionately affect Aboriginal youth.

“Across this state … Aboriginal children are unfairly targeted and badly let down by racist systems, including over-policing and courts,” she said.

“Children do not belong in the criminal justice system … [they] belong with their families.”

The change is part of the new Youth Justice Bill which was introduced to Victorian Parliament recently.

Ms Braybrook said it was a “knee-jerk reaction” to a “youth crime narrative” that had no basis in truth.

“The Allan Government must not fall into the trap of confusing information from a biased, politically motivated scare campaign as a substitute for evidence and fact,” she said.

“We no longer accept a betrayal of our trust. Our kids deserve better.”

According to the Crime Statistics Agency, from 2012-2022 in Victoria the number of 10-year-old offenders has decreased from 115 to 38 while the number of 11-year-old offenders in the state has decreased from 209 to 120.

A state government spokesperson said Victoria was the first state in the country to raise the age of criminal responsibility to 12 and that this would create better outcomes for all.

“This legislation is about providing evidence-based and effective Youth Justice responses that keep the community safe, while giving young people the best possible chance to turn their lives around,” the spokesperson said.

The bill places an emphasis on early diversion so police are better equipped to de-escalate anti-social behaviour.

Victorian Aboriginal Legal Services chief executive Nerita Waight said while the Youth Justice Bill was a “small” step in the right direction, there was significant work to be done.

“The Victorian Government should immediately fund Balit Ngulu to have lawyers across the state that can help Aboriginal children … given they have backtracked on commitments that would have reduced the over-policing of our children,” she said.