A major overhaul into Victoria’s child protection and justice systems could be on the cards as a new report finds they continue to harm Indigenous Australians and put Aboriginal children on a path to criminality.
The Yoorrook Justice Commission report found extensive systemic injustice, racism, discriminatory laws and policy failures within the state’s child protection and criminal justice systems.
During the inquiry, commissioners heard evidence of human and cultural rights violations, some of which are ongoing, within the systems, including evidence of children being put on the path to state care and eventually the justice system from the day they’re born.
“Yoorrook’s inquiry found that Victoria’s child protection and criminal justice systems remain broken for First Peoples. Rather than protecting our children and upholding justice, they are causing harm and injustice for First Peoples,” Deputy Chair Sue-Anne Hunter said on Monday.
“…This report outlines a roadmap for reform to transform the child protection and criminal justice systems, putting an end to the systemic injustice suffered by First Peoples at the hands of the state.”
The report has recommended the Victorian government uphold its commitment to self-determination through treaty negotiations, including that First Nations people must have “decision-making power, authority, control and resources” in the two systems.
A dedicated child protection system should be set up for Indigenous children, controlled by First People, the report recommended.
Other recommendations include creating a new independent police oversight body to investigate complaints, raising the minimum age of criminal responsibility to 14 years “without exceptions” and changing bail laws to stop unnecessary imprisonment.
Self-determination and systemic reform are needed to fix a broken system, according to commission chair and Wergaia/Wamba Wamba elder Eleanor Bourke.
“Yoorrook heard seven formal apologies from ministers, senior public servants and the Chief Commissioner of Victoria Police for the historic and ongoing harm caused by Victoria’s child protection and criminal justice systems against our people,” she said.
“Their words were important but the real test is the actions they take now.”
Over the course of the year-long inquiry, Yoorrook held 27 hearing days involving 84 witnesses and more than 100 submissions, alongside 12 roundtable discussions and five adult and youth prison trips.
Embedding “genuine self-determination” to the state’s child protection and criminal justice system would create “meaningful, transformative change” according to commissioner and Kerrupmara/Gunditjmara man Travis Lovett.
“First Peoples repeatedly told Yoorrook they want genuine self-determination. This is not just consulting with or listening to Aboriginal people. Self-determination means First Peoples setting the agenda on the issues that affect us,” he said.
“It means handing over power and control so that we can design, establish and run the systems and services to support our families and communities to thrive.”