Recommendation 13 calls for DFFH to deliver a First Peoples-led impact evaluation of the Child Protection Risk Assessment Framework (SAFER), to be commenced within 12 months.
The purpose of the SAFER Framework is to help child protection practitioners assess and mitigate risk of harm to children. Evaluation of the SAFER Framework includes two stages, with stage 1 undertaken in 2022.
Stage 2 will involve three components:
- a literature review, expected in late 2024, including research findings about factors of risk, strengths and protection for families referred to child protection
- an overarching evaluation focusing on the adoption, experience and outcomes of SAFER for children, families and the child protection workforce
- a First Peoples-led evaluation component focusing on the experience and outcomes of the SAFER Framework for First Peoples children and families.
The third component will adopt a process evaluation focus while also capturing the experience and outcomes of Aboriginal children and young people. Focusing on client voice, it will be presented as a stand-alone resource to share stories, findings and recommendations.
Progress to date and next steps
Planning for Stage 2 commenced in May 2024. Work is underway to procure a First Peoples evaluator.
An interim report on the evaluation progress is due in early 2025 and a final report is due in early 2026.
Governance arrangements and stakeholder consultation
A First Peoples SAFER Governance Group will be formed to gather insights to ensure all methods are culturally safe and appropriate, while adhering to ethics committee-approved approaches. Meetings will also be organised with the SAFER evaluation working group and other stakeholders (e.g. the Commission for Children and Young People and SAFER Advisory Group). The Australian Evaluation Society’s (AES) Cultural Safety Framework will be integrated into the governance arrangements to ensure culturally safe evaluation.
To implement recommendation 14, DFFH must review and revise its mandatory Aboriginal cultural safety training for child protection staff and departmental executives to ensure that it is informed by the relevant history of injustice and Aboriginal cultural and human rights.
DFFH has procured the Koorie Heritage Trust to deliver refreshed Aboriginal cultural safety training to DFFH staff and executives and is updating its Aboriginal cultural safety e-Learn.
Additionally, DFFH is transforming its child protection training by:
- implementing the redeveloped 5-week Child Protection Practice Induction Program (PIP), which has been developed with Aboriginal self-determination and cultural safety embedded through the whole program, including through dedicated subjects covering the importance of practicing with an Aboriginal cultural lens, culturally appropriate planning and practice, and upholding human rights and Aboriginal cultural rights
- delivering a five-part webinar series covering the principles of the Children and Health Legislation Amendment (Statement of Recognition, Aboriginal Self-determination and Other Matters) Act 2023 (Statement of Recognition Act)
- engaging a First Peoples organisation to assess the cultural safety of all current child protection training
- commissioning a First Peoples organisation to develop a new professional development program to strengthen and improve child protection practitioners’ capability, competence and support in carrying out their obligations under the Charter of Human Rights and Responsibilities Act 2006 (Vic) and other human and cultural rights laws to support their engagement with Aboriginal and Torres Strait Islander children and families.
Progress to date and next steps
DFFH has been piloting its refreshed mandatory Aboriginal cultural safety training in 2024. To ensure uptake, Aboriginal cultural safety training is embedded as a deliverable in the DFFH People and Culture strategy and Aboriginal workforce strategy. This includes an all-staff program and people leader (including executives) program and includes all recommendations from the Yoorrook for Justice report.
DFFH commenced running mandatory Anti-Racism People Leaders (including executives) training in January 2024.
Training completion rates will be published in the department’s annual report as part of the Aboriginal workforce strategy and Aboriginal Cultural Safety Framework update.
The mandatory redeveloped PIP has commenced for all new DFFH Child Protection Practitioners in May 2024. A five-part webinar series supported the implementation of the Statement of Recognition Act which commenced on 1 July 2024. Implementation activities for the planned cultural assessment of programs and development of the professional development program are planned to commence in 2024-25.
Governance arrangements and stakeholder consultation
Governance of this work is supported by an Aboriginal Workforce Committee and People and Culture Committee, a sub-Committee of the DFFH Board of Management. All learning programs relating to working with Aboriginal children are overseen by the Office of Professional Practice, including input from the Statewide Principal Practitioner for Aboriginal Children and Families whose role is to promote practice occurring with utmost concern for the safety and wellbeing of all Aboriginal children and families interacting with the child protection system.
Recommendation 30 relates to police conduct following the decriminalisation of public intoxication, which came into effect on 7 November 2023. The recommendation calls for the Chief Commissioner of Police to monitor police conduct and ensure members do not use existing powers to unnecessarily take intoxicated people into custody, for government’s planned independent evaluation to be First Peoples-led and for results to be publicly available.
Victoria Police has committed to monitoring and evaluation of police conduct as part of the operationalisation of the reforms. DJCS has appointed Monash University to undertake an independent evaluation of the justice impacts of the public intoxication reforms.
Progress to date and next steps
In relation to the independent evaluation, progress to date has concentrated on its design in consultation with key Aboriginal stakeholders.
Funding has been provided to conduct a 22-month justice evaluation, with the final report to be delivered in late 2025. The evaluation involves Monash University conducting interviews, focus groups and yarning sessions across metropolitan and regional locations, including locations with and without dedicated public intoxication health services. The government supports the results of the evaluation being made public.
An independent and Aboriginal-led Implementation and Monitoring and Oversight Group (IMOG) has been established to support accountability and oversight of reform implementation and to provide advice to government on reform progress.
Governance arrangements and stakeholder consultation
Monash University co-designed its evaluation framework through a series of workshops with key stakeholders, including the Victorian Aboriginal Legal Service and the Aboriginal Justice Caucus, and will continue to adapt its framework in consultation with a Community, Legal and Advocacy Services (CLAS) Committee. The CLAS Committee includes representatives from Aboriginal Justice Caucus, the Dhadjowa Foundation, Aboriginal Community Justice Panels, Djirra, Ngwala Willumbong Aboriginal Corporation and Victorian Aboriginal Health Service, among other service organisations.
A core role of the IMOG will be monitoring community experiences of the reform and the new health-led services and to ensure they are providing culturally safe health and social supports for Aboriginal people.
Recommendation 36 relates to the Victorian Government’s new Youth Justice Act 2024 (Act). The recommendation calls for the government to ensure the Act embeds human rights, including the distinct cultural rights of First Peoples, in all aspects of the youth justice system and its administration.
The Act was passed on 27 August and received Royal Assent on 10 September 2024. The Act includes guiding principles that respond to children and young people as individuals in a way that promotes their human rights. Specific guiding principles for Aboriginal children and young people also enshrine a respect for their human and cultural rights. These principles will be taken into account to the fullest extent possible when any decision is made, or any action is taken in relation to a child or young person under the legislation.
Progress to date and next steps
The Act supports the implementation of recommendation 36. The Aboriginal Justice Caucus worked closely with the Victorian Government on this Act and was instrumental in shaping key aspects designed to improve outcomes for Aboriginal children and young people.
Governance arrangements and stakeholder consultation
The Act enables government to authorise ACCOs to exercise certain powers and functions under the Act, representing a significant step towards creating a more self-determined Aboriginal youth justice system in alignment with the intention of both recommendation 36 and recommendation 2. The Act legislates that in respecting and upholding principles of self-determination, government must consult, work and collaborate on justice related issues with Aboriginal community.
More generally, under the Aboriginal Justice Agreement (AJA), DJCS engages with the Aboriginal Justice Caucus on the design and implementation of policies and legislation that will impact Aboriginal communities. DJCS will engage with the Aboriginal Justice Caucus, including through the relevant AJA4 Collaborative Working Groups, in progressing implementation of the Act.
Recommendation 44 calls for the implementation of the UN Standard Minimum Rules for the Treatment of Prisoners in relation to the use of solitary confinement at all Victorian prisons and youth justice centres, and the provision of adequate funding and operations to end the locking down of prisoners for prolonged periods for administrative or management reasons.
Confirming existing policy and practise, the Youth Justice Act 2024 introduces an express prohibition on the use of solitary confinement for young people in Youth Justice centres. The Youth Justice Act also introduces a range of improvements to the isolations framework. This will provide clearer guidance and parameters for the authorisation of isolations as a last resort when all other reasonably practicable alternative measures have been attempted, as well as enhanced safeguards such as legislated rights when in isolation, including time outside and a legislated requirement to publish data every three months.
In adult corrections (Corrections Victoria), the term ‘separation’ is used to describe the practice of separating people in prison from others where there is a safety, protection or welfare need, or where required to manage the good order and security of the prison.
Corrections Victoria is undertaking work to further strengthen the approach to separations across the adult custodial corrections system. This is being progressed through the Safer Separations Project, the objectives of which closely align with the Mandela Rules (the 2015 United Nations Standard Minimum Rules for the Treatment of Prisoners). Some key focus areas of the project are strengthening the authorisation framework that guides separation decisions and improving data collection about separations across Victoria’s adult prisons.
Progress to date and next steps
The Youth Justice Act 2024 represents a significant step in the implementation of recommendation 44. The Aboriginal Justice Caucus worked closely with the Victorian Government on the Youth Justice Act 2024 and was instrumental in shaping key aspects designed to improve outcomes for Aboriginal children and young people.
DJCS’s Youth Justice is currently updating its policy and procedural guidance for custodial staff regarding the use of isolation. The Operating Policy prohibits the use of solitary confinement and clearly outlines when isolation can be used and who is delegated to authorise it. The updated policy will provide staff clear direction on the need to provide meaningful human contact for any young person isolated.
In the adult corrections system, Corrections Victoria implemented a new operating model in the close support and supervision precinct at the Dame Phyllis Frost Centre in 2023, as part of the Safer Separations Project. A rapid review of this model was completed in June 2024, the findings of which will inform the remainder of the project. As noted above, the project is currently focused on improving data collection and reporting tools to ensure appropriate monitoring and oversight of separations on an ongoing basis. Over the next 12 months, the project will focus on improving initial separation decisions in the men’s medium security prisons and embedding good separation practices at Western Plains Correctional Centre.
Governance arrangements and stakeholder consultation
Under the Aboriginal Justice Agreement, DJCS engages with the Aboriginal Justice Caucus on the design and implementation of policies and legislation that will impact Aboriginal communities. DJCS will engage with the Aboriginal Justice Caucus, including through the relevant AJA4 Collaborative Working Group, in progressing further action on this recommendation. Corrections Victoria is also developing a governance model that engages external oversight and monitoring of the use of separation when required.
Recommendation 45 relates to the ongoing management of all confidential evidence provided to the Commission. This overlaps with recommendation 2 of the Yoorrook with Purpose report (2022), which called for legislative protections for First Peoples’ evidence provided to the Commission, in line with Indigenous Data Sovereignty principles. The scope of recommendation 45 is broader than recommendation 2 as it applies to all evidence provided to the Commission on a confidential basis, whereas recommendation 2 applies only to evidence provided by First Peoples.
Progress to date and next steps
The Victorian Government is currently progressing legislative reforms that will empower the Commission to make closure orders over records of First Peoples’ evidence provided to the Commission. Records which are subject to closure orders will be protected from public access both in the Public Record Office Victoria (PROV) database and via Freedom of Information requests for 99 years.
In order to implement recommendation 45 in full, as well as recommendation 9 of the Beaumaris Board of Inquiry, the government is also considering broader amendments to the Inquiries Act 2014 relating to statutory protections for confidential public records in general.
Recommendation 45 called for legislative reforms to be enacted by February 2024. However, this timeframe could not be met as a result of the considerable consultation and policy work required to develop a legislative solution. The government is committed to progressing reforms through Parliament by early 2025 to ensure that appropriate record-keeping arrangements for First Peoples’ records are implemented before the Commission’s term concludes on 30 June 2025.
Governance arrangements and stakeholder consultation
DPC has consulted with a variety of stakeholders throughout the development of the legislative reforms, including the Commission, PROV, the First Peoples’ Assembly, the Office of the Victorian Information Commissioner and relevant government departments.
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