The National Children's Commissioner says the Victorian Government's new bail laws will not make communities safer because they are not based on evidence of how to prevent crime by children.
The new laws, which were passed last night, will mean detention will no longer be a 'last resort' for children, as is required under the United Nations Convention on the Rights of Children, to which Australia is a signatory. This and other new bail-related offences will likely lead to a significant increase in the incarceration of children.
National Children's Commissioner Anne Hollonds: "We should all be able to live in safe communities, including children who themselves are victims of crime.
"The data shows the number of children involved in crime has actually decreased in Victoria by 3%, with most of the crime currently involving repeat child offenders who typically become involved with the criminal justice system very young.
"Most of these children have unmet needs such as disabilities, health and learning problems, and trauma. Many are themselves victims of violence and maltreatment. Research shows that if we ignore the unmet needs of children who come into contact with the justice system between the ages of 10 and 13, it's more likely they will continue to commit more crimes.
"Locking up these children does not rehabilitate them. It costs $1.3m per annum to lock up a child, and this is not making our community safer.
"Following Queensland and the Northern Territory, Victoria is the latest jurisdiction to respond to youth crime in a reactive way. The NSW and South Australian governments are also in the process of implementing discredited punitive measures, moving in the opposite direction to that of other developed countries.
"Instead of building a roadmap for reform based on evidence of how to prevent crime by children, these governments are reacting to public concern with short-term punitive measures that do not prevent crime by children, because crime by children is a symptom of underlying issues that we are failing to address.
"These are children in the most vulnerable of circumstances, and our 'early warning systems' of health, education and social services have failed to help them and their families.
"Governments across the country are looking for a quick political fix rather than acting on evidence from experts in Australia and from around the world showing that we need to improve therapeutic treatment and support for children and their families, and take a preventative rather than punitive approach.
'We need all state and territory governments to prioritise significant investment in early intervention and diversionary programs which have been shown to prevent youth offending, and improve access to housing, co-ordinated health and education, and family support services. This is what keeps children and communities safe.
The Commission's report 'Help Way Earlier!' How Australia can transform child justice to improve safety and wellbeing, tabled in Parliament in August 2024, provides a roadmap for reform of Australia's child justice systems based on evidence and human rights.
Read the report: https://humanrights.gov.au/our-work/childrens-rights/publications/help-way-earlier
