Wednesday, 4 October 2023

Yoorrook Justice Commission

Yoorrook for Justice: Report into Victoria’s Child Protection and Criminal Justice Systems

Samantha RATNAM (Northern Metropolitan) (17:27): I rise to speak on behalf of the Victorian Greens on what I believe to be one of the most important reports tabled not only during this Parliament but in the entire history of the state of Victoria, and that is the Yoorrook for Justice: Report into Victoria’s Child Protection and Criminal Justice Systems, tabled last month. The Yoorrook Justice Commission is the first formal truth-telling process on both past and ongoing injustices experienced by First Peoples in Victoria in all areas of life since colonisation.

This is Yoorrook’s second interim report, looking this time specifically at the child protection and criminal justice systems, which have long been associated with the most egregious systemic injustice against First Peoples. The final report is a credit to all those who were part of this process – the hard work of the Yoorrook commissioners, staff and counsel and all those who gave evidence through submissions, round tables and the hearings. I recognise that this included members of this government ‍– the Attorney-General; the Minister for Police; the Minister for Corrections, Minister for Youth Justice and Minister for Victim Support; and the then Minister for Child Protection and Family Services – along with senior departmental employees and the Chief Commissioner of Victoria Police. I want to further recognise the respect, honesty and sincerity of the evidence presented by those from the government, even when it was damning to the government. Is there any better illustration of why this commission was so important – providing a forum where those in positions of leadership felt they were finally obliged to publicly acknowledge such important but uncomfortable truths.

But most importantly I wish to acknowledge the contributions of First Peoples who shared their lived experiences in the child protection and criminal justice systems. These were deeply personal stories of those who experienced racism and at times brutality in child protection or prisons – and, too frequently, both of these systems. Indeed, among the most harrowing of stories were those involving children whose life paths tragically moved inexorably from the child protection system into the juvenile and then adult justice systems, effectively from the moment of their birth, due to racism, discriminatory laws and policy failures that have evolved from colonial times to this day. I recognise their courage in sharing these stories. Moreover, I hope that they now feel a sense of ownership and pride that it was through their stories that not only was this report able to publish the truth but this truth will I hope serve as the catalyst for change for those in government and indeed this Parliament to finally work to end the discrimination and injustices that were experienced.

The report makes 46 recommendations, the general theme of which is self-determination for First Peoples in Victoria – that is, granting First Peoples genuine decision-making power, authority, control and resources in the child protection and criminal justice systems. The report also made specific, urgent recommendations for legislative reform – the work of us in this Parliament – which we can start actioning as soon as tomorrow, because one recommendation calls for changes to bail laws that go beyond the current government bill.

Here I note the words of the chair of the commission and proud Wergaia/Wamba Wamba elder Professor Eleanor Bourke AM, who spoke to Victoria’s politicians when she said that ‘words were important but the real test is the actions they take now’. The Victorian Greens accept the call to action. We pledge to immediately work to support implementing the recommendations of Yoorrook in this Parliament and in all future parliaments and pushing governments to do so, whether it be further amendments to the Bail Act 1977, the creation of a new, independent police oversight body, raising the minimum age of criminal responsibility to 14 years without exceptions or strengthening cultural considerations in child protection laws.

And we strongly condemn those reactionaries rejecting progress and a more positive future for First Peoples for their own political ends. Sadly, just today we have seen this from some in this chamber seeking to exploit fear to stifle even the most overdue of changes in repealing public drunkenness laws. I say to you now, it is no longer the time for persevering with the failures of the past to deny the truth so clearly stated before us. It is finally time for change, finally time for action – not more delays – finally time for positive and progressive politics based on truth, not fear, and most of all it is finally time for implementing policies and laws that actually work for Victorian First Peoples. Let us all recognise the truth in this report and now work towards achieving it.