Goal 15: Aboriginal over-representation in the justice system is eliminated
Overview
Measures under Goal 15 have improved
Systemic racism, unconscious bias in the application of the law, and the criminalisation of social and economic disadvantage all contribute to the over-representation of Aboriginal people in the criminal justice system.*
For example:**
- changes to bail legislation have led to an increase in the number of Aboriginal people who are unsentenced being remanded
- delays in court processing have contributed to Aboriginal people being held in remand for longer
- police processing Aboriginal people for minor offences at high rates.
The history of Aboriginal Victorians being discriminated against by police has created deep distrust. Aboriginal communities’ concern about abuse of power is compounded by deaths in custody, high imprisonment rates and the detrimental role of Victorian justice agencies in the lives of Aboriginal people, including the forced removal of children, high arrest rates and instances of inadequate checks for people in police custody*.
Since the last reporting period, there have been slight improvements to all the measures under this goal, and notably in the reduction in young people under youth justice detention and community-based supervision.
The Victorian Government continues to invest in initiatives to address offending and improve outcomes for over-represented people caught in the justice system.
* Minister Gabrielle Williams’ Yoorrook Justice Commission witness statement.
** Burra Lotjpa Dunguludja, Victorian Aboriginal Justice Agreement Phase 4.
Data note
All measures in this goal are reported on.
Goal 15 directly aligns with the following Closing the Gap Outcomes and Targets
Outcome 10: Aboriginal and Torres Strait Islander adults are not overrepresented in the criminal justice system.
- Target 10: By 2031, reduce the rate of Aboriginal and Torres Strait Islander adults held in incarceration by at least 15%.
Outcome 11: Aboriginal and Torres Strait Islander young people are not overrepresented in the criminal justice system.
- Target 11: By 2031, reduce the rate of Aboriginal and Torres Strait Islander young people (10–17 years) in detention by at least 30%.
Closing the Gap – How Victoria is tracking nationally
Target 10: At 30 June 2021, the age-standardised rate of Aboriginal and Torres Strait Islander prisoners was 2,222.7 per 100,000 adult population across Australia compared to 1,816.4 per 100,000 in Victoria.
In Victoria, there has been some improvement since the baseline year of 2019.
Target 11: In 2020–21, the rate of Aboriginal and Torres Strait Islander children aged 10–17 years in detention across Australia was 23.2 per 10,000 children compared to 9.6 per 10,000 in Victoria. There has been improvement nationally and in Victoria since the baseline year of 2018–19.
15.1 Decrease the number and eliminate the over-representation of Aboriginal children and young people in the justice system
Measure 15.1.1 Number, rate and age profile of unique youth (10–17 years) alleged offenders processed by police
Most Aboriginal young people will never have any engagement with police. Furthermore, only a small proportion of Aboriginal young people who come into contact with police progress to formal involvement with the courts and youth justice system.
The number of Aboriginal young people (10–17 years) processed by police continues to fall over time. In 2020–21 there were 589 unique young Aboriginal alleged offenders processed by police – the lowest number in 14 years. However, Aboriginal young people remain over-represented among youth alleged offenders processed by police.
In 2020–21, Aboriginal young people (10–17 years) were almost six times more likely to be processed by police as alleged offenders than their non-Aboriginal peers.
Measure 15.1.2 Average daily number and rate of children and young people (10–17 years) under youth justice supervision in detention and community-based supervision
On an average day in 2020–21, there were 10 Aboriginal young people and 92 non-Aboriginal young people in detention. When looking at detention rates per 10,000 people, Aboriginal young people were about six times more likely to be detained than their non-Aboriginal peers. This has nearly halved since 2018–19.
The reduction in young people under youth justice detention and community-based supervision is due to increasing accessibility to diversion programs. This reduction reflects that police are increasingly diverting young people from the youth justice system.
Measure 15.1.3 Proportion of first-time youth alleged offenders (10–17 years) cautioned by police
Police cautioning is an important method of diversion, particularly for young people.
In 2020-21, more than half (58.6%) of Aboriginal first-time alleged offenders aged 10–17 years received a caution from police. This was a slight increase (0.7 percentage point higher) in the proportion of Aboriginal first-time alleged youth offenders since the previous year. Over the past two years, a higher proportion of Aboriginal first-time alleged offenders have been cautioned than non-Aboriginal first-time alleged offenders.
Youth Cautioning
After the successful trial of the Aboriginal Youth Caution Program, and continued advocacy from the Aboriginal Justice Caucus, the Chief Commissioner announced in August 2021 changes to Victoria Police cautioning policy that gives police greater opportunity to issue cautions to young people wherever appropriate.
- These changes apply to all young people between 10 and 17 years of age:
- There is no longer a requirement to admit the offence to be eligible for a caution
- The person must still consent to the caution
- Prior criminal history does not exclude a person from being eligible for a caution
- A child can be cautioned on more than one occasion and there is no limit to the number of cautions a child can receive
- Cautions are based on individual circumstances and must rely on the circumstances of offending to decide on the appropriate action
- The minimum (least severe) action must be chosen that achieves the purposes of taking that action against the person.
Aboriginal young people issued with a caution can opt to participate in the Aboriginal Youth Caution Program (AYCP) and meet with a panel of Aboriginal community leaders to discuss their support needs. Victoria Police Aboriginal Community Liaison Officers also assist in this process.
The AYCP has been trialled in partnership with local Aboriginal co-operatives in Bendigo, Echuca and Greater Dandenong since 2019. It resulted in an increase in the number of young Aboriginal people diverted from the courts and connected to support services. It also supported school attendance and engagement with Aboriginal cultural activities and community events alongside police.
The AYCP is being rolled out to additional sites across the state including Bairnsdale, Ballarat, Barwon South West, Darebin, Fawkner, Footscray, Horsham, Mildura, Morwell, Shepparton, Swan Hill and Wodonga. Victoria Police will work with Aboriginal communities to identify opportunities to expand the program to additional sites.
Measure 15.1.4 Proportion of young people (10–17 years) in detention on remand
In 2020–21, the proportion of Aboriginal young people in detention on remand decreased slightly. As in previous years, the proportion of Aboriginal young people on remand (67.7%) was lower than the proportion of non-Aboriginal young people (82.3%).
Wirkara Kulpa Aboriginal Youth Justice Strategy 2021–2031
Wirkara Kulpa, launched in February 2022, is the first Aboriginal Youth Justice Strategy in Victoria. It was developed with the wellbeing and voices of Aboriginal children and young people at its heart, with 5 domains:
- Work toward an Aboriginal led justice response
- Empower young people and community to uphold change
- Protect cultural rights and increase cultural safety in the current justice system
- Address intergenerational trauma and support healing
- Reduce overrepresentation and provide alternatives to custody.
Development of Wirkara Kulpa was led by the Aboriginal Justice Caucus as a key initiative under the Aboriginal Justice Agreement (AJA4) and Youth Justice Strategic Plan 2020–2030. It was also informed by and responds to the Koori Youth Justice Taskforce led by the Commissioner for Aboriginal Children and Young People in partnership with the Department of Justice and Community Safety (DJCS).
Caucus envisions an end-to-end Aboriginal community-controlled youth justice system. Central to this approach is the progressive transfer of authority, decision-making, resources and responsibilities to an Aboriginal controlled approach.
Wirkara Kulpa’s vision is that no Aboriginal child or young person is in the youth justice system because they are strong in their culture, connected to families and communities, and living healthy, safe, resilient, thriving and culturally rich lives.
However, for those young Aboriginal Victorians caught in the youth justice system, it is important that these spaces are made culturally-safer. In the Parkville Youth Justice Centre, the Jaara Jaara (Koori garden) has been developed as a cultural space. Alongside this, a room has been dedicated where Aboriginal young people can involve themselves in cultural programs and meet with their Community Based Aboriginal Youth Justice workers or the Aboriginal Liaison Officer.
Victoria has made significant progress toward addressing the over-representation of Aboriginal children and young people in youth justice, and is currently ahead of the 2023 AJA4 target of reducing the number of Aboriginal children under youth justice supervision on an average day to fewer than 89 young people by 2022–23.
From 1 July 2021 to 31 December 2021, there were 59 Aboriginal children and young people aged 10–17 under youth justice supervision on an average day. There were four Aboriginal children (aged 10–13 years) under youth justice supervision over the same period, a 33% decrease from six children during the same period in the previous year.11
Wirkara Kulpa aims to continue the progress made to date and identifies the actions and effort required to close the gap by 2031.
15.2 Decrease the number and eliminate the over-representation of Aboriginal women in the justice system
Measure 15.2.1 Number and rate of unique adult female alleged offenders processed by police
In 2020–21, Aboriginal women were nearly ten times more likely than non-Aboriginal women to be processed by police for an alleged offence.
Although this is a lower ratio than recent years, the rate of Aboriginal women per 10,000 is at an all-time high.
Measure 15.2.2 Average daily number and rate of Aboriginal women under corrections supervision in prison and community corrections
In 2020–21, the average daily rate of Aboriginal women under corrections supervision in community corrections was around 18 times higher than for non-Aboriginal women, and the rate for Aboriginal women in prison was almost 22 times higher than for non-Aboriginal women. This is an improvement since 2019–20.
Measure 15.2.3 Proportion of women who return to prison under sentence within two years of release
In 2020–21, the rate of Aboriginal women returning to prison within two years of release was 46.2%. While this is still a significant increase from 2007–08, it is an 8.6 percentage point decrease since 2018–19. This reduction can be attributed to changes in crime and criminal justice system activity throughout the COVID 19 pandemic. This included fewer prisoners being received on remand, more prisoners being discharged to bail, or time served and an overall decrease in the prison population.
Measure 15.2.4 Proportion of women in prison on remand
While Aboriginal women represent a relatively small group in the justice system, they remain significantly and increasingly over-represented. Changes to bail legislation in particular have had a disproportionate impact on Aboriginal women who are unsentenced being remanded.
In 2020–21, 58.8% of Aboriginal women in prison were there on remand, higher than the proportion of non-Aboriginal women in prison on remand (43.9%). To decrease rates of remand for women in prison, DJCS continues to implement programs and services that aim to divert women from custody, such as the Koori Women’s Diversion program (see the 2019 Victorian Government Aboriginal Affairs Report). DJCS also delivers programs in custody that aim to support individuals on remand to obtain improved education and employment skills and transitional housing that may assist them in their reintegration back into the community.
Wadamba Prison to Work Program
The Wadamba Prison to Work Program, delivered by Wan Yaari Consultancy Services, provides a supported pathway to employment for Aboriginal men and women aged 18 to 35 who are on remand at Dame Phyllis Frost Centre or the Metropolitan Remand Centre.
The program provides access to employment services, career guidance and cultural support for offenders in custody as well as post release support. Funding through the 2021/22 State Budget will enable continued service delivery for a further two years, as well as a formal evaluation of the program.
The program’s focus is to support Aboriginal young adults on remand to access and undertake qualifications and meaningful work experience to better assist participants in entering into meaningful employment upon release. Participants are offered information regarding employment opportunities out in the community. This will help identify relevant short courses to engage in while they are in custody which will increase chances of employment post release.
Since 2020, 129 Aboriginal people have been engaged under the Wadamba Prison to Work Program, 42 of whom were supported while in custody to gain employment at their location. A further 22 participants have received employment in the community upon release from custody.
15.3 Decrease the number and eliminate the over-representation of Aboriginal men in the justice system
Measure 15.3.1 Number and rate of unique adult male alleged offenders processed by police
In 2020–21, as in previous years, Aboriginal men were over-represented as alleged offenders, and processed by police at around 6 times the rate of non-Aboriginal men.
Measure 15.3.2 Average daily number and rate of Aboriginal men under corrections supervision in prison and community corrections
The average daily number of Aboriginal men under corrections supervision decreased between 2019–20 and 2020–21. However, in 2020–21, Aboriginal men were around 15 times more likely to be under corrections supervision in prison and nearly 11 times more likely to be on community-based supervision, when compared with non-Aboriginal men.
Measure 15.3.3 Proportion of men who return to prison under sentence within two years of release
The rate of return for Aboriginal men continues to be higher than that for non-Aboriginal men (in 2020–21, 53.1% of Aboriginal men returned to prison under sentence within two years of release compared to 43.3% of non-Aboriginal men).
Measure 15.3.4 Proportion of men in prison on remand
Similar to the experiences of Aboriginal young people and Aboriginal women, the increasing rates of incarceration of Aboriginal men is partly driven by a higher proportion of offenders being held on remand.
In 2020–21, 46.2% of Aboriginal men in prison were held on remand in prison when compared to 37.9% of non-Aboriginal men in prison.
The Victorian Government continues to invest in initiatives to address offending and improve outcomes for over-represented cohorts in contact with the justice system. Initiatives range from Crime Prevention programs and diversionary pathways offered at court, through to programs and services available for people in custody to support their successful transition back into the community.
Ngarra Jarranounith Place
Delivered by Dardi Munwurro, Ngarra Jarranounith Place (NJP) is a residential healing and behaviour change program for Aboriginal men who use or are at risk of using family violence. The program is aimed at helping men to make positive changes in their lives through one-on-one support and group activities that focus on supporting and addressing strong spirit and strong culture, taking responsibility and healthy relationships.
The program’s unique and holistic approach focuses on planning for the participant’s transition back into their community and linking men into the Men’s Healing and Behaviour Change Program located across Victoria. Following completion of the intensive 16-week program, participants are supported for up to 18 months.
NJP won gold at the national Crime and Violence Prevention Awards in 2021 and was recognised for its effectiveness in helping to break the cycle of intergenerational trauma and supporting healing for behaviours that can manifest in family violence.
Alan Thorpe, CEO Dardi Munwurro, explained “the program provides a safe place for men so they can explore the deeper issues, like trauma, that set them on that path of destructive behaviour. You need to learn to understand and care for yourself before you can care for your kids and family”.
Analysis of Dardi Munwurro’s programs by Deloitte Access Economics found that each dollar invested provides a return of 50 to 190%, with the largest monetary benefit from reduced incarceration rates. The report also found an 80% reduction in the number of men who reported having a recent episode of family violence after program completion; a reduction in the number of men who reported recent issues with substance abuse (from 80% pre-program to 34% at program conclusion); and a 100% reduction in homelessness in the six months after program completion.
Of note, the report found that, across the programs, participants reflected a greater connection to culture, a stronger sense of identity, improved relationships, increased connection to community, and an increased responsibility for behavioural change as part of cultural roles.
Establishing a legislated Spent Convictions Scheme
For years, Aboriginal organisations and advocacy groups have been at the forefront of spent convictions reform in Victoria. In 2017, Victoria’s Attorney-General acknowledged the work of Woor‑Dungin, an Aboriginal advocacy group, whose Criminal Record Discrimination Project brought to light the historical practice of charging children with neglect (and other ‘offences’) that led to them receiving criminal records.
In March 2021, after sustained advocacy from the Aboriginal legal sector and the Aboriginal Justice Caucus, the Victorian Parliament passed the Spent Convictions Act 2021 (the Act). The Act implements the Government response to recommendations by the Legal and Social Issues Committee’s Report, Inquiry into a Legislated Spent Convictions Scheme. Findings from the Inquiry acknowledged the disproportionate impact the absence of a spent convictions scheme had on Aboriginal Victorians.
The first tranche of the Act, which commenced on 1 December 2021, provides a clear and consistent framework to limit the disclosure of criminal record information to support rehabilitation and address the discrimination that individuals face from criminal record information.
Under the first tranche of the Act, certain offences are spent immediately, such as those where no conviction was recorded, those where the offence was committed by a child under the age of 15 and those that result only in a lower-level fine. These spent convictions will not appear on common requests for police records checks (e.g. for employment or housing applications) but they will still be visible to the police and courts, and when a person completes certain applications that require access to their full offending history (e.g. for a firearms licence, Working with Children Checks). Other convictions, apart from serious convictions, are automatically spent after a crime-free period of 10 or 5 years (depending on whether the person was 21 or older, or under 21, at the time of the offence).
The Act also provides for a process where more serious convictions can be spent after application to the Magistrates’ Court. When hearing an application, among other factors, the Magistrate can take into account the unique systemic factors affecting Aboriginal people. This includes specific factors relating to incarceration of Aboriginal people, and the impacts of disclosure of a criminal record for Aboriginal people. This court application process will commence in the second tranche of the Act, from 1 July 2022 onwards.
The Act amends the Equal Opportunity Act 2010 to prohibit discrimination on the basis of a spent conviction, creating penalties and providing redress through the Victorian Equal Opportunity and Human Rights Commission for discrimination. For example, being refused employment or housing (with limited exceptions), on the basis of spent convictions.
The Act was developed in consultation with the Aboriginal Justice Caucus, the Woor-Dungin coalition of ACCOs and other Aboriginal community partners. The Victorian Government allocated funding of $2.5 million over two years, announced in the 2021/22 State Budget, to support implementation of the Act.
Goal 16: Aboriginal Victorians have access to safe and effective justice services
Overview
Measures under Goal 16 have continued to improve.
The Victorian Government recognises the gross over-representation of Aboriginal people in the criminal justice system is inextricably linked to systemic racism, colonisation and policies of exclusion.
Government also acknowledges that justice reforms currently underway are the direct result of strong First Peoples and ACCO advocacy over many decades. Government accepts that it must continue to change the way the justice system operates to ensure that long-standing injustices are addressed.
Culturally appropriate prevention, early intervention, diversion and support services are critical to addressing the over-representation of Aboriginal people in the criminal justice system. In particular, community-based and community-led services can connect Aboriginal Victorians to culture and promote positive outcomes.
Aboriginal adults and young people involved in the justice system are continuing to access support programs and community services in greater numbers.
Data note
All measures in this goal are reported on.
Closing the Gap – Relevant Outcomes and Targets for Goal 16
The National Agreement does not contain outcomes and targets that align with this VAAF goal. Victoria is pursuing more ambitious and comprehensive goals under the VAAF, which are reported on in this chapter and the Data Dashboard.
Closing the Gap – How Victoria is tracking nationally
Not applicable.
16.1 Increase Aboriginal Victorians’ participation in culturally safe and effective justice prevention, early intervention, diversion and support programs
Measure 16.1.1 Number and proportion of Aboriginal youth receiving intensive bail support through the Koorie Intensive Support Program
In 2020–21, 100 Aboriginal young people received intensive support through the Koorie Intensive Support Program (KISP), a slight increase from 90 in 2019–20. Of these young people, 8 (or 8%) received intensive bail support in 2020–21, a slight decrease from 11 (or 12%) in the previous year.
Culturally appropriate case management, engagement and support services
Services for Aboriginal people in the criminal justice system include cultural mentorship from Aboriginal Elders and Respected Persons, and post release support packages to help support people’s transition and reintegration back into their community via the DJCS Yawal Mugadjina cultural mentoring program.
Measure 16.1.2 Number and proportion of Aboriginal adults receiving intensive bail support
In 2020–21, 223 Aboriginal adults (18 years and above) eligible for bail support received intensive bail support through the Court Integrated Services Program (CISP), which represents 54.6% of Aboriginal adults referred.
Measure 16.1.3 Number of Aboriginal young people accessing community support programs through youth justice community services
In 2020–21, 652 Aboriginal children and young people (10–17 years) participated in Aboriginal community support programs. This includes all Aboriginal specific programs funded by DJCS. This is an increase from 502 in the previous year.
Corrections Victoria Cultural Review
In response to concerns regarding the safety and effectiveness of Victoria’s prisons, the Victorian Government has established an independent cultural review of the adult custodial corrections system. The review aims to help drive a safer, more inclusive environment for all staff, and ensure the prison system supports rehabilitation, reduces recidivism, and provides for the needs of all prisoners.
Considering the significant over-representation of Aboriginal people in custody, the review will provide advice on how government can better support Aboriginal people in ways that are culturally appropriate and free from discrimination. The review will also consider how improved access to health, social and wellbeing supports can support people’s rehabilitation and transition back to the community.
The review will build on initiatives already underway across DJCS and Corrections Victoria, including increased integrity training for staff, ongoing efforts to strengthen operational and cultural leadership, and continued work under AJA4.
In relation to cultural safety, the review will examine the role and pressures on Aboriginal Wellbeing Officers and other Aboriginal staff working in the adult custodial system and consider ways to ensure that cultural safety in the custodial system is a responsibility for all staff.
The review will provide the Minister for Corrections with a final report in December 2022.
Goal 17: Aboriginal Victorians feel safe and connected
Overview
Measures under Goal 17 have continued to improve.
The Victorian Public Service has set the goal of having a minimum of 2% representation of Aboriginal and/or Torres Strait Islander people in the workforce. This is to ensure departments are representative of the communities they serve. This is especially important in the justice context.
Increasing numbers of Aboriginal people are employed in the justice system, and staff in the justice system receiving Aboriginal cultural awareness training also continues to increase.
Data note
The following measures relies on datasets that are infrequently collected. No new data was available at the time of reporting.
- Measure 17.1.2: Proportion of Aboriginal Victorians who feel safe/very safe walking alone at night in local area in the last 12 months
- Measure 17.1.3. Proportion of Aboriginal Victorians who reported being a victim of physical or threatened violence in the last 12 months.
Data for these measures is available at the Data Dashboard, which can be accessed via the First Peoples – State Relations website.
Closing the Gap – Relevant Outcomes and Targets for Goal 17
The National Agreement does not contain outcomes and targets that align with this VAAF goal. Victoria is pursuing more ambitious and comprehensive goals under the VAAF, which are reported on in this chapter and the Data Dashboard.
Closing the Gap – How Victoria is tracking nationally
Not applicable.
17.1 Increase community safety and trust in police and the justice system
Measure 17.1.1 Proportion of police officers who have received Aboriginal cultural awareness training
As at 30 June 2021, 23.85% of police officers had received Aboriginal cultural awareness training. This is an increase from 15.5% at the same time last year.
Measure 17.1.4 Number and proportion of Aboriginal people employed across the justice system
At 30 June 2021, 218 Aboriginal people were employed across the justice system. As at October 2021, 1.9 percent of the workforce across DJCS is Aboriginal. Under the Koori Employment and Career Strategy, DJCS has established clear pathways and tailored initiatives for new and existing Aboriginal employees to support individuals’ career potential.
Cultural Respect Frameworks and Action Plans
The Koori Cultural Respect Framework ensures DJCS’ services are more responsive to the cultural needs of Aboriginal people and ensures all employees have the knowledge and skills to deliver services in more culturally appropriate ways and that its work environments are culturally inclusive.
The Victoria Police Aboriginal and Torres Strait Islander Inclusion Action Plan 2022–2024 will set out the organisation’s commitment to achieving its vision through people-focused leadership and creating a culturally safe workplace that understands, respects and values Aboriginal people and their culture.
Domain 5: Victorian Government Investment and Action
The Victorian Government is working to ensure that Aboriginal people have access to an equitable justice system that is shaped by self-determination, and protects and upholds their human, civil, legal, and cultural rights.
The key Aboriginal Governance Forum for realising outcomes in this Domain is the Aboriginal Justice Forum.
Aboriginal Justice Agreement
The Victorian Government remains deeply committed to working in partnership with the Aboriginal community to address Aboriginal overrepresentation in the justice system through the Aboriginal Justice Agreement (AJA).
The AJA was established in 2000 and now in its fourth phase – Burra Lotjpa Dunguludja – is the longest running Agreement of its kind in Australia. By the end of 2021, 90% of Burra Lotjpa Dunguludja actions were in progress or complete.
The Victorian Government continues to invest in the implementation of the AJA and related strategies and reforms to build on these gains.
Delivery of a dedicated legal service for Aboriginal young people (Balit Ngulu); expansion of the community-based Aboriginal Youth Justice Program and implementation of Wirkara Kulpa have been backed by nearly $12 million from the 2020–21 State Budget.
In keeping with commitments to enable greater self-determination in DJCS processes for development of Aboriginal Justice budget bids, the Aboriginal Justice Caucus has led the way in identifying and prioritising budget initiatives.
Preventing Aboriginal deaths in custody and addressing over-representation in the criminal justice system
The 2021/22 State Budget provided $33.1 million over four years for 12 initiatives aimed at preventing Aboriginal deaths in custody and responding to Aboriginal community calls for greater action to reduce the over-representation of Aboriginal people in the criminal justice system.
Key initiatives include: $5.95 million to keep Aboriginal children out of the justice system,
$4.73 million for after-hours specialist family violence support and $4.09 million to enhance diversion programs for Aboriginal adults.
Work is underway to establish a healing unit for Aboriginal women in prison with $6.76 million allocated for this purpose. Additional Aboriginal Wellbeing Officers are also being recruited supported by a $2.49 million investment. Further support is also being provided for the Wadamba Prison to Work Program (see case study) and The Torch art program in prisons and community.
One goal of the AJA is that Aboriginal people are not disproportionately worse off under policies and justice legislation.
In line with this aim, legislation was passed in February 2021 to repeal existing public drunkenness offences under the Summary Offences Act 1966 and make consequential amendments to the Liquor Control Reform Act 1998 and the Bail Act 1977 to remove references to public drunkenness offences.
The Victorian Government has allocated $76.4 million to implement these critical reforms to decriminalise public drunkenness and replace it with a health-based response. This is in order to provide appropriate help and support to persons found to be intoxicated in public.
The Victorian Parliament also passed the Spent Convictions Act 2021 in March 2021 (see case study) to support rehabilitation and address the discrimination that individuals face from criminal record information.
Stolen Generations Reparations
Supporting members of the Stolen Generations and their descendants is a key priority for the Victorian Government. Design of the $155 million Stolen Generations Reparations Package (Reparations Package) was led by the Stolen Generations Reparations Steering Committee, comprised of Stolen Generations, their family members and service delivery organisations. The Steering Committee engaged over 400 Stolen Generations to produce its Final Report to government in July 2021. DJCS and DPC worked collaboratively to establish the Reparations Package in line with the Final Report, to ensure it is culturally safe and responsive, and can contribute to genuine healing for Stolen Generations.
The Reparations Package is a significant step in increased government accountability, acknowledging and addressing the role of past governments in forcibly removing Aboriginal children from their families, culture and Country. The Reparations Package will help address the trauma and suffering caused by the forced removal of Aboriginal children from their families by offering financial compensation alongside a range of other supports, including access to legal and financial support, healing services, and an opportunity to record and share personal stories.
In the lead up to the full Reparations Package becoming operational, a $300,000 Interim Funeral Fund was established in 2021 to ensure families of members of Stolen Generations can access financial support to cover funeral expenses to honour their loved ones. The full Reparations Package also provides for advance payments of $20,000 for applicants who are terminally or critically ill, alongside prioritising processing of these applications. This work recognises the urgent nature of reparations given the age and illness of many members of the Stolen Generations.
11 This data has been sourced from previously unpublished Youth Justice Client Relationship Information System (CRIS) sources. As such it is potentially subject to change.
Updated