The Victorian Aboriginal Legal Service (VALS) has slammed the state Labor government’s election commitment to establish a new regime of detention and forced rehabilitation for youth offenders.
Premier Ben Carroll has pitched the $204 million proposal as an Australian first that would lock young offenders into intensive rehabilitation while detained 24/7 for up to 12 months.
He described the proposal as “tough love” to help children turn their lives around.
VALS said in a statement the proposal is a “punitive and unimaginative election commitment” that shows politicians are prepared to sacrifice children’s futures for votes.
“When it comes to vulnerable young people, the major parties seem to have only two election promises: lock them up or shut them out of their communities,” said VALS CEO, Nerita Waight, a proud Yorta Yorta and Narrandjeri woman with Taungurung connections.
“Cells and silence are no substitute for leadership, compassion and meaningful reform,” said Waight.
She said the government has made this election commitment without meaningfully consulting the Aboriginal Community Controlled sector, and that its approach stands in stark contrast to the government’s commitments under Victoria’s historic Treaty.
The policy comes ahead of a state election this month, with Labor vying for a fourth term in a three-cornered race against the Liberal-National coalition and One Nation.
Labor has promised to create a new ‘Mandatory Therapeutic Order’ designed to provide an additional option for courts beyond community corrections orders or a custodial sentence.
"We've introduced Adult Time for Violent Crime for the worst violent offenders, but we also need to stop low-level offenders before they spiral,” said Minister for Police, Paul Edbrooke.
The government says the regime would target children convicted of theft, vandalism, property damage and minor assaults, including those with drug, alcohol or mental health issues.
It would start with around 500 places over two years before scaling up, and the controversial Malmsbury Youth Detention Centre has been identified as one of the facilities in which children would be detained.
“For those offenders who aren't violent offenders, but their crimes carry that mid- to low-range of offending, there is an area I think where our community expects them to be taken off the street and to be locked up,” Edbrooke said.
“This provides judges another tool in their toolbox if they’re not going to give custodial sentence in a prison for a young offender who may have a chance of getting their life on track.”
While incarcerated, children would be required to undertake intensive education, mandatory drug and alcohol treatment, mental health support, and practical life skills like cooking, cleaning and budgeting.
Director of First Nations Justice at the Human Rights Law Centre, Maggie Munn, said the policy was another example of state jurisdictions reaching for “tough on crime” policies to try and win votes.
“You're taking children out of community for low-level offences and putting them into institutions that might have beanbags and cushions and might have mental health support there, but you're essentially putting them into another institution that is perhaps just a cosier or comfier detention facility," said the proud Gunggari woman.
“We're really worried that, should it come into effect, this will be something that will be used to keep our kids out of community, out of family and out of contact with culture and the services that are already working with them.
“We know what laws like this do: we've seen it play out in Queensland and the Northern Territory and Western Australia as well.”
The Mandatory Therapeutic Orders add to recently-reformed bail laws which the Victorian government has celebrated as the country’s toughest, and harsher sentencing for young offenders.
The government has also pledged new stop and search powers if it wins the election.
