The Victorian Government acknowledges the historic work of the Yoorrook Justice Commission (Commission) and the production of its second interim report, Yoorrook for Justice.

We thank the community members, organisations and individuals who participated in this Inquiry, through submissions, hearings and roundtables. In particular, the government acknowledges the courage and generosity of First Peoples who shared their stories with the Commission. The government recognises that this can be a difficult and traumatic process and is deeply appreciative of First Peoples’ contributions, which will serve as a basis for justice and a deeper understanding of the history of Victoria.

The Victorian Government proudly acknowledges the First Peoples of Victoria as the Traditional Owners and custodians of the land and waterways on which we live and work. First Peoples’ sovereignty has never been ceded.

We honour and pay our respects to Elders past and present. We acknowledge that Aboriginal peoples continue to represent the world’s oldest living culture.

In working towards Treaty, the Victorian Government is committed to acknowledging the truth of Victoria’s history and laying the foundations for improved relationships between the State, Aboriginal Victorians and the broader Victorian community.

The Victorian Government is committed to First Peoples’ self-determination. Treaty is the process required to ensure genuine self-determination for Victorian Traditional Owners and First Peoples.

Language Statement

The term ‘First Peoples’ is used in this implementation progress report to respectfully refer to all Aboriginal and Torres Strait Islander people in Victoria. ‘Traditional Owner’ is used to refer to Traditional Owners of Country in Victoria. Other terminology, such as ‘Aboriginal’, is used where it is in the title of a program, initiative or organisation, or where appropriate to improve readability.

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.

The Victorian Government continues to consult widely on its approach to implementing recommendations

This progress report outlines how government is progressing each of the Report’s 43 recommendations either supported, supported-in-principle or under consideration. It is the culmination of implementation planning and collaboration between several Victorian Government departments and agencies throughout 2024. The government is committed to ongoing systemic change, building upon years of structural reforms progressed by community, the First Peoples sector and government.

Implementation principles

As set out in the State Response, to ensure that meaningful change can be delivered in line with the intent of the Commission’s recommendations, the Victorian Government developed the following guiding principles for implementation:

1. Sequencing the implementation of recommendations in a pragmatic way; for example, prioritising those where resourcing is available now, or delivering reforms where it is foundational to other reforms
2. Partnering with Aboriginal and other sector stakeholders to accurately refine the scope of delivery, ensuring that the intent of recommendations is met
3. Using innovative funding models that enable desired outcomes of recommendations to be delivered in a sustainable way, over time and across budget cycles
4. Building on and leveraging existing investment and resourcing to maximise efficiencies and benefits
5. Working collaboratively across multiple departments and/or non-government bodies so that reforms can be long-term and structural, and not piecemeal or in siloes.

As a result, the government has given serious consideration to how each recommendation will be most effectively implemented to achieve sustainable and transformational change. Implementation of several recommendations has been able to progress more quickly and comprehensively than others, and in some cases, government has revised its position for these recommendations to ‘support’ or ‘support in principle’. The majority of recommendations remain supported-in-principle due to the scale and complexity of the change recommended and the significant investment required. For some recommendations requiring extensive resourcing and increased workforce capacity, government has developed an approach that is staged and responsive to varying need and capacity across the state.

The State Response noted that several recommendations were categorised as under consideration due to the need for further analysis of implications for current and future policy or legislative programs, and further consultation with Aboriginal organisations and governance forums, government departments and other relevant stakeholders. The progress of this analysis and consultation has led to three under consideration recommendations now being reclassified as support or support in principle, while others still require further work.

Implementation timeframes

In Yoorrook for Justice, the Commission was clear that it expected the government to immediately commence work to implement the urgent recommendations made in the Report over a 12-month period. The government committed to delivering the transformative change needed and doing so in a considered and collaborative way together with First Peoples communities, recognising that achieving these goals will extend beyond the Commission’s proposed 12-month timeframe. Government has already implemented some recommendations and is working towards the imminent implementation of others. However, as noted above, some recommendations will require additional time to consider design, planning and implementation issues.

Ongoing reporting and monitoring

This progress report captures point-in-time information. However, as acknowledged, reforms and systemic change takes many years. The Victorian Government will consider mechanisms to accurately and transparently demonstrate progress over time on the implementation of each Yoorrook for Justice recommendation and recommendations from the Commission’s remaining reports.

Governance arrangements

Responsibility for implementing Yoorrook for Justice recommendations has been assigned to relevant Ministers and agencies. This includes the Minister for Treaty and First Peoples, Attorney General, Minister for Children, Minister for Corrections, Minister for Health, Minister for Police and Minister for Youth Justice.

Relevant agencies implementing recommendations are DPC, the Department of Families, Fairness and Housing (DFFH), Department of Justice and Community Safety (DJCS), Department of Health (DH) and Victoria Police.

Existing governance structures and arrangements, including the Yoorrook Justice Commission Interdepartmental Committee which oversees the State’s response to the truth-telling process, will continue until the end of the Commission’s term. Longer term governance arrangements will be established to ensure cross-portfolio oversight of implementation of Commission recommendations.

The Victorian Government’s engagement and implementation approach is guided by the principles of self-determination

Government recognises that true self-determination can only be achieved when led by Aboriginal people. Victoria’s Treaty process is the embodiment of First Peoples’ self-determination and iterative steps towards self-determination must continue to occur alongside this.

Victorian Government agencies will continue to work with their respective stakeholder groups to enable First Peoples self-determination, including:

• the First Peoples’ Assembly of Victoria
• the Aboriginal Children’s Forum
• the Aboriginal Justice Caucus
• the Aboriginal Health and Wellbeing Partnership Forum, and
• ongoing partnerships with ACCOs and other sector stakeholders.

The Aboriginal Justice Caucus and First Peoples member organisations of the Aboriginal Children’s Forum have been critical partners of the Victorian Government for many years. Significant achievements have been made possible through the leadership and accomplishments of these partners, who play a vital role in directing and delivering better outcomes.

Embedded in the Report recommendations themselves is a self-determined approach, with particular recommendations calling on government to partner with Aboriginal organisations and engage Aboriginal businesses and consultants in the development of policies and programs.

As articulated in the Victorian Aboriginal Affairs Framework 2018–2025, self-determination is the guiding principle of the Victorian Government’s approach to Aboriginal affairs, underpinning all policy and reform actions. Guided by the Commission and First Peoples, government is addressing recommendations in accordance with its commitment to enable and facilitate self-determination. We know that self-determined approaches lead to the best outcomes.

Recommendation 13

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.

Recommendation 14

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

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.

Work has also progressed to establish an independent and Aboriginal-led Implementation Monitoring and Oversight Group (IMOG) with five initial members appointed and work underway to setup the first meeting. The IMOG will support accountability and community oversight of reform implementation.

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 to ensure that they are achieving their aims of reducing police contact and the risks of deaths in custody, and are providing culturally safe health and social supports for Aboriginal people.

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.

Recommendation 44

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

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.

Recommendation 3

Recommendation 3 urges the government to ensure accountability and quality of monitoring and evaluation of First Peoples-related programs and policies.

To support the implementation of recommendation 3, the Department of Treasury and Finance’s Resource Management Framework will be updated to incorporate new requirements and guidelines for lapsing program evaluations for First Peoples-related programs. These updates will be introduced for use in the 2026/27 State Budget.

Recommendation 5

Recommendation 5 calls on the government to upscale the capability, competence and support in relation to human and cultural rights laws, of persons working in the State’s child protection and criminal justice systems.

To address the recommendation, work has been underway across relevant agencies (DFFH, DJCS, DH and Victoria Police) to improve and expand training of frontline operational support and programs and policy staff working in these systems. For example, DFFH has procured the Koorie Heritage Trust to deliver refreshed Aboriginal cultural safety training to all DFFH staff, as described above in relation to recommendation 14. Victoria Police delivers dedicated human rights training for all recruits as a component of Police Foundation Training, and is providing reinforcement of human rights content across promotional and operational programs. DJCS worked with the Aboriginal Justice Caucus to design improved training, including the development of a new e-learn: ‘Introduction to DJCS’ Commitment to Aboriginal Justice and Partnerships.’ The e-learn is the first mandatory, department-wide training relating to Aboriginal justice. It is offered alongside existing in-person cultural awareness training facilitated by Aboriginal service providers and available to all staff, as well as mandatory pre-service training for Corrections and Youth Justice front line workforces.

Recommendation 33

Recommendation 33 is to develop and publicly report on a First Peoples-led cultural change action plan for bail decision-makers to ensure remand is used only as a last resort. The Bail Amendment Act 2023 includes reforms which are fundamentally aligned with the intent of this recommendation, in that they seek to reduce unnecessary remand of those accused of low-level, non-violent offences — with Aboriginal people disproportionately remanded when accused of such offending. DJCS has provided guidance to bail decision-makers following the passing of these amendments, including a comprehensive guide on the expanded Aboriginal-specific considerations.

Recommendation 42

Recommendation 42 calls for government to ensure people in prison and youth justice centres, including Aboriginal people, can make telephone calls for free or at no greater cost than the general community. In response to this recommendation, government will subsidise phone calls in the short term for people in prison so they can better connect with their loved ones. Longer-term solutions are also being explored through negotiations with commercial providers of prison telephone services. A free call allowance is already available in Youth Justice centres.

Recommendation 43

Recommendation 43 calls for government to reform the Victorian prison system based on the recommendations of the Cultural Review of the Adult Custodial Corrections System (Cultural Review). The Victorian Government has delivered some reforms to address the critical issues and themes identified in the Cultural Review, and further reforms are underway. These reforms work to better support the custodial correctional workforce, improve outcomes for people in custody, provide more support for the Aboriginal workforce and greater cultural safety across the system, and keep Victorian safe. The Commission placed specific emphasis on implementing the Cultural Review’s recommendations aimed at enhancing the human and cultural rights of Aboriginal people in custody. Consistent with the Victorian Government response, implementation has begun on a number of these recommendations, including by establishing a Deputy Commissioner for Workforce and Aboriginal Outcomes position, reviewing cultural spaces in all prisons, ensuring access to regular Aboriginal health checks, developing an Aboriginal Workforce Plan, and launching an Aboriginal Wellbeing Officer Recruitment and Retention Strategy. DJCS is also continuing to work closely with Aboriginal stakeholders, including the Aboriginal Justice Caucus and its Cultural Review Implementation Subgroup to develop an approach to several other Cultural Review recommendations referenced in recommendation 43.

Recommendation 9

Recommendation 9 calls for annual reporting on funding for several services within the child protection and family services system, and specifically the amount and proportion of funding allocated to ACCOs. Presently, DFFH contributes to three separate reporting platforms — the Aboriginal Children's Forum, the Report on Government Services (Commonwealth) and the SNAICC Family Matters Report. In line with recommendation 9, DFFH will consider how to streamline and automate this reporting where possible, and report publicly on this data, annually. It is proposed that this work will be progressed through the Aboriginal Children's Forum with the publication of 2024-25 data expected by the end of December 2025.

Recommendations 11 and 12

As they both relate to reforming current practices for pre-birth reports in relation to expectant mums of First Peoples babies, recommendations 11 and 12 are being considered together. Policy scoping is underway on a consent-based child protection notification scheme for pre-birth reports. This work is being done in partnership with relevant ACCOs (including Aboriginal legal services, ACCOs delivering children and family services, and the Victorian Aboriginal Community Controlled Health Organisation), DJCS and DH.

The proposed timeline for delivery is dependent on agreement with key stakeholders on the scheme design and further implementation considerations.

Recommendations 18 and 19

Recommendations 18 and 19 call for Children’s Court of Victoria judicial officers — rather than non-specialist magistrates — to determine child protection matters, and for the statewide expansion of Marram-Ngala Ganbu (Koori Family Hearing Day). In 2023, the government opened the Dandenong Children's Court to offer a specialist approach to children's matters in the family and youth justice divisions. The government also recently expanded the coverage of the Specialist Children's Court in metropolitan Melbourne, by directing all Youth Justice matters to be dealt with at Melbourne Children's Court.

DJCS has engaged in preliminary consultation with the Children’s Court of Victoria on requirements to roll out Marram-Ngala Ganbu statewide, potential locations and cadence of rollout (subject to fiscal capacity). Government will continue to explore options to expand the availability of specialist courts, noting any additional coverage will be contingent on future investment.

Recommendation 23

Recommendation 23 urges the government to ensure that the Framework to Reduce Criminalisation of Young People in Residential Care is applied in all cases and to put in place reporting mechanisms and funding to ensure that authorities apply the Framework. In line with recommendation 23(a), the Victorian Government, along with Victoria Police and residential care providers, are working actively to implement the Framework through the existing 18-month action plan, and to monitor its implementation through local partnerships and regular reporting. An evaluation of this work is planned for completion in mid-2025. In line with recommendation 23(d), Victoria Police and residential care staff will have access to training in relation to trauma-informed care, police responses to non-crisis incidents and cultural awareness. Recommendation 23(b) and 23(c) will be considered in late 2025 following the implementation and evaluation of the existing 18-month action plan.

Since the initial State Response, the Victorian Government has revised its position on three recommendations, including two under consideration recommendations, to either support or support-in-principle.

Government remains committed to further considering the 13 recommendations which are still under consideration for the reasons outlined below.

Recommendation 4

The Victorian Government has revised the State’s position on recommendation 4 to support-in-principle. This recommendation calls for the establishment of an independent and authoritative oversight and accountability commission for the monitoring and evaluation of First Peoples related policies and programs. The State has committed to accelerating progress on an independent mechanism for institutional oversight led by First Peoples through the National Agreement on Closing the Gap, and has identified Statewide Treaty negotiations as another pathway to potentially identify, develop or strengthen existing mechanisms.

Recommendation 31

Recommendation 31 is to introduce mandatory criteria, including in relation to ending systemic racism, for the selection, appointment and performance reviews of the Chief Commissioner of Police. This recommendation is now supported and will be implemented prior to the next recruitment process for the Chief Commissioner of Police (the current Commissioner is tenured until June 2025).

Recommendation 36

Recommendation 36 calls for government to ensure the new Youth Justice Act 2024 embeds human rights, including the distinct cultural rights of First Peoples, in all aspects of the youth justice system and its administration. This recommendation is now supported and will be addressed throughout the new Youth Justice Act 2024 which received Royal Assent on 10 September 2024 (as discussed in Section 3).

Negotiations for Statewide Treaty are expected to commence in late 2024. As Treaty negotiations are yet to commence, the State cannot presuppose any Treaty negotiation outcomes.

Recommendations 1 and 2

Recommendations 1 and 2 call for transformative change in the child protection and criminal justice systems and the Commission has recommended that these be negotiated through the Victorian Treaty process. The government is undertaking significant work in collaboration with the Aboriginal Children’s Forum and Aboriginal Justice Caucus to improve outcomes and progress self-determination in the child protection and criminal justice systems. This ongoing reform work will continue alongside the Victorian Treaty process.

Recommendation 4

Recommendation 4 calls for the establishment of an independent and authoritative oversight and accountability commission for the monitoring and evaluation of First Peoples related policies and programs. As noted above, accelerating progress on an independent mechanism for institutional oversight led by First Peoples is occurring through the National Agreement on Closing the Gap; and Statewide Treaty negotiations are another pathway to identify, develop or strengthen existing mechanisms.

Recommendations 8, 20 and 26

Recommendations 8, 20 and 26 remain under consideration as they relate to significant reforms in the child protection system which may form part of Treaty negotiations, as outlined in relation to recommendation 1. These recommendations are also contingent on other in-flight reforms, and/or require a significant combination of policy design, funding or legislative change. However, the Treaty process should not delay or deprioritise key policy reform initiatives currently underway. Government has developed the following plans to progress implementation of these recommendations:

• The following reforms and strategies that intersect with recommendation 8 will continue to progress alongside the further consideration of implementation plans for this recommendation: National Agreement on Closing the Gap, and the Wungurilwil Gapgapduir: Children and Families Agreement 2024-2028 Action Plan.
• Implementation of recommendation 20 will be partly informed by the refresh of the Wungurilwil Gapgapduir Aboriginal Children and Families Agreement and recommendation 1 of the Yoorrook for Justice report; recommendation 20(c) is in part already supported through the Carer Kafe, jointly delivered by a consortium including the Victorian Aboriginal Child Care Agency and DFFH’s Care Support Help Desk service.
• The Statement of Recognition Act in part addresses some of the intent of recommendation 26. This Act came into effect 1 July 2024 and formally acknowledges the impact on First Peoples of past policies and practices. It legislates the requirement for child protection services to demonstrate how Aboriginal voices are heard and considered in decision-making, how funding and power is shared, and legislates all elements of the Aboriginal child placement principles in decision-making for Aboriginal children. However, this recommendation proposes a significant policy change — i.e., for permanent carers to continue to be monitored by ACCOs, and potentially government, regarding cultural plans. This recommendation requires further consideration, and will likely be further considered in the context of recommendation 1.

Recommendation 17

Recommendation 17 proposes amendments to the Children, Youth and Families Act 2005 (CYFA) that overlap with reforms implemented through the Statement of Recognition Act. This Act incorporates 11 binding principles that Child Protection and community service organisations must have regard to when making decisions and taking action when working with First Peoples children and families. The Children’s Court is also required to consider the first five principles. Following an assessment of the impacts of the Statement of Recognition Act after 18 months of operation, DFFH will give further consideration to this recommendation.

Recommendation 22

Recommendation 22 calls for amendments to the CYFA to provide the Children’s Court with greater powers in relation to the development, implementation and monitoring of cultural plans. DFFH is currently working alongside key stakeholders, to oversee the development and implementation of a new cultural plan model. This model will need to be agreed by the Aboriginal Children’s Forum and will inform the response to recommendation 22.

Recommendation 27

Recommendation 27 calls for the establishment of a new independent police oversight authority, including a dedicated First Peoples-led division for complaints from First Peoples. DJCS is currently engaging with the Aboriginal Justice Caucus and other Aboriginal community stakeholders on potential police oversight reform proposals. While the proposals under consideration do not seek to adopt recommendation 27 in full, the reforms under consideration are designed to strengthen the Independent Broad-based Anti-corruption Commission’s functions, powers and focus on police oversight — including implementing specific reforms identified by, and designed for, First Peoples — which is responsive to the intent of the recommendation.

In the Report, the Commission urged the Victorian Government to make substantive progress on the implementation of recommendations within a 12-month period. As outlined above, the government has considered and undertaken work to progress implementation planning for each of the recommendations that it supports or has committed to consider further.

As acknowledged in the State Response to the Report released in April 2024, delivering the reforms envisaged by the recommendations and achieving meaningful change will be complex and require an effective and flexible implementation approach. Since the release of the State Response, the Victorian Government has ensured recommendation implementation plans are integrated with reform initiatives that are already underway. This approach will ensure government is effectively utilising existing resources and partnerships to address the Report’s recommendations.

The Commission has continued to hold hearings throughout 2024 and will deliver its third interim report in 2025. The government anticipates that this report will contain findings and recommendations from both its Land Injustice and Social Justice lines of inquiry. The government will consider all findings and recommendations genuinely and transparently.

The Commission will conclude its inquiry and deliver its final report by 30 June 2025. The implementation of the Yoorrook for Justice report recommendations must therefore be balanced and flexible to accommodate future recommendations made in the interim and final reports, as well as the Commission’s advice for future arrangements regarding implementation reporting, monitoring and governance.