Recommendation 36
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.
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