Tuesday, 13 August 2024

Age of criminal responsibility

Katherine COPSEY (Southern Metropolitan) (12:48): (612) My question is to the Minister for Youth Justice. Minister, what consultation did the government enter into with the Victorian First Nations community ahead of today’s backflip on your commitment to raise the age of criminal responsibility to 14?

Enver ERDOGAN (Northern Metropolitan – Minister for Corrections, Minister for Youth Justice, Minister for Victim Support) (12:49): I thank Ms Copsey for her question and her interest in our Youth Justice Bill and the work that has gone into that – a bill that, I must remind people, is quite transformative. It is the first type of large reform we have had for the system since 1989. It is a significant piece of work. It is a piece of work that will modernise and make sure our youth justice system is working effectively to not only keep our community safe but also give the young people that come into contact with our youth justice system the opportunity to turn their lives around. In terms of –

The PRESIDENT: I might just interrupt before the supplementary. I am mindful, Minister, of the anticipation rule. I think we are debating the bill today, but my understanding is the question was around a policy outside the bill, that is not in the bill.

Enver Erdogan: On a point of order, President, it is a matter that will be before the committee and will be debated.

The PRESIDENT: Before another point of order, Ms Copsey, could you ask the question again?

Katherine Copsey: I will repeat the question: what consultation did the government enter into with the Victorian First Nations community ahead of today’s backflip on the commitment to raise the age of criminal responsibility to 14?

Harriet Shing: On a point of order, President, I would perhaps suggest that this is a question most appropriately addressed to the Attorney-General as the first law officer of the state, given that today’s announcement does not sit within the matters that were the subject of Mr Erdogan’s first response.

Enver Erdogan: On the point of order, President, that is right. More specifically, the Bail Act and raising the age probably falls more appropriately in the remit of the Attorney-General, but I was happy to also give a robust response because I think it is important –

The PRESIDENT: Thanks. Ms Copsey, are you happy to redirect your question to the Attorney-General?

Katherine Copsey: If I will get an answer, yes, that would be great.

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:51): I thank Ms Copsey for her question. I guess the enthusiasm of the Minister for Youth Justice to respond is probably a reflection of the fact that many ministers in the Allan Labor government are dealing with youth justice and dealing with the issues that are important to our First Nations peoples in Victoria. When it comes to the policy of raising the age, there is an amendment in the bill that is in the Minister for Youth Justice’s primary remit in relation to raising the age of criminal responsibility from 10 to 12. That is something we are very proud of, and we are hoping that we achieve that this week. We will be the first state jurisdiction to make that move.

When it comes to matters of age and matters of diverting young people from the justice system, particularly vulnerable cohorts and particularly Aboriginal young people, that is something that the government works very closely with our Aboriginal stakeholders and partners on. We are supportive of principles of self-determination. I, the Minister for Youth Justice, the Minister for Police and indeed the minister responsible for child protection and the minister for First Peoples, we all have regular contact with Aboriginal advocates in relation to ensuring that we get the best strategies and the best programs in place to indeed respond to issues that keep young people on the right track.

When it comes to consultation with First Nations and Aboriginal stakeholders and advocates, we take a partnership approach. There are ongoing conversations constantly. The Aboriginal Justice Forum is 25 years old and meets four times a year. We front up, we talk about these difficult issues, and together we are making really large inroads into things that are important to Aboriginal Victorians, which is being shown and demonstrated in the stats.

When we talk about the age of criminal responsibility, it is important to talk about the facts. Right now there is no-one in custody under the age of 14. It is very rare to have someone under the age of 14 in custody. That is because we are working with our partners and we are bringing a whole-of-government response to ensure that we are getting in early and we are providing the supports to individual children and to families in a way that brings about good, long-term outcomes. We know that impact with the justice system is the last resort. We want to use it as a positive intervention when we have to, but we actually do not want that intervention at all. That is what we will continue to have really important conversations about, because that commitment has not wavered.

Katherine COPSEY (Southern Metropolitan) (12:55): I thank both the youth justice minister and the Attorney for their contributions in response to that. Attorney, I will address the supplementary also to you. What specific recommendations have Victorian First Nations community groups made to the government as to why the age of criminal responsibility should be raised to 14, as the government previously committed to?

Jaclyn Symes interjected.

The PRESIDENT: Do you mind repeating the question?

Katherine COPSEY: What specific recommendations have Victorian First Nations groups made to the government as to why the age of criminal responsibility should be raised to the age of 14, as the government previously committed to?

Jaclyn SYMES (Northern Victoria – Attorney-General, Minister for Emergency Services) (12:56): Ms Copsey, I am unclear about your question, I have got to say. Do you mean recommendations? Do you mean justifications? Do you mean evidence? Which stakeholders? This is a conversation that is always ongoing. This is a conversation that is something that we are always committed to having. I do not shy away from these conversations, but the way you have framed your question in relation to specific recommendations, I am really unclear about how you would like me to answer that, particularly when I have got a minute to do so. So perhaps maybe we can take that offline or you can clarify the information you are after.

Katherine Copsey: On a point of order, President, for example, the recommendations from the Yoorrook report into the criminal justice and child protection systems – there might be more, Attorney.

The PRESIDENT: That is more debating than a point of order.