The Yoorrook Justice Commission recommended reforms to the State’s child protection and criminal justice systems
On 31 August 2023, the Yoorrook Justice Commission delivered its Yoorrook for Justice report (Report), to the Governor of Victoria and the First Peoples’ Assembly of Victoria (First Peoples’ Assembly). The Report is the culmination of the Commission’s inquiries into systemic injustice experienced by First Peoples in the child protection and criminal justice systems. It details extensive systemic injustice, racism, discriminatory laws, and policy failures that have caused, and continue to cause, harm to First Peoples. The Report emphasises that present injustice is deeply rooted in the colonial foundations of the State and makes 46 recommendations for change.
On 3 April 2024, the Victorian Government published its initial response to the Report (the State Response). The government supported 28 of the Commission’s 46 recommendations, with four supported in full and 24 supported in principle. The government also indicated that it would further consider 15 recommendations. Three recommendations were not supported.
The State Response acknowledged that the injustices identified in the Report are ongoing and require urgent action. To ensure that the intent of the Report’s recommendations is effectively realised, the government noted that it is critical to carefully consider design, planning and implementation issues. This includes working with Aboriginal organisations, strengthening current services and frameworks, and considering any additional investment and legislative reform required.
As a result, the State Response noted that not all recommendations would be implemented within a set timeframe. Significant structural and systemic reform takes time. The government is committed to implementing recommendations that are carefully considered and built on over time to ensure a sustainable approach to reform.
The government will continue to monitor its implementation progress
Following the release of the State Response, the Minister for Treaty and First Peoples committed to report back to the Commission on the progress of implementation by the end of 2024. The Minister then reiterated this commitment during her witness appearance before the Commission on 18 April 2024.
Government has progressed implementation planning for Yoorrook for Justice recommendations and considered their implementation alongside broader system reforms. This implementation progress report (progress report) is an opportunity for the government to report back to the Commission, First Peoples and the broader Victorian community on progress made on recommendations. Public progress reporting is an important accountability tool and reiterates the government’s commitment to genuine and transparent engagement with the Commission and First Peoples.
The Commission’s findings and recommendations will inform the State’s Treaty negotiations
The Victorian Government is committed to self-determination as the guiding principle of First Peoples policy. Victoria’s Treaty process gives us a pathway to progress self-determination and deliver better outcomes that will benefit all Victorians.
The Commission has made several recommendations for reform activities to be negotiated through the Victorian Treaty negotiation process. This progress report does not identify specific matters that may be covered in Treaty negotiations, as the State cannot presuppose any Treaty negotiation outcomes prior to the commencement of negotiations. However, the Commission’s findings and recommendations will help inform Treaty negotiations, as reflected in the Treaty Negotiation Framework agreed between the First Peoples’ Assembly of Victoria and the State of Victoria in October 2022. Treaty negotiations are expected to commence in late 2024.
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