Victoria’s Government has introduced the Youth Justice Bill 2024 to Parliament, marking a significant overhaul aimed at enhancing community safety, reducing reoffending, and providing young people with genuine opportunities for rehabilitation.
This bill, Victoria’s first stand-alone Act for the youth justice system, follows key recommendations from the landmark Youth Justice Review and Strategy conducted by Penny Armytage and Professor James Ogloff AM, aligning with the Youth Justice Strategic Plan 2020–2030.
Premier Jacinta Allan highlighted the dual approach of the new laws, stating,
“The new laws mean stronger consequences for serious, high-risk and repeat offending, but they also enable earlier intervention and diversion for young lower-level offenders so they have a chance to turn their lives around.”
Reforming the Frontline Response
The bill introduces a legislated scheme for warnings, cautions, and early diversion, providing police with more tools to handle anti-social behaviour before it escalates into a community safety risk or court case.
According to the bill, verbal or written warnings can be issued on the spot for minor offences, while more serious offences require formal cautions authorised by a Sergeant. This approach aims to divert children from the justice system effectively.
Victoria will be the first state to raise the minimum age of criminal responsibility to 12, ensuring that younger children remain in school rather than entering the criminal justice system. The bill also closes loopholes to prevent the exploitation of children in criminal activities by lowering the age of prosecution for recruiting children into crime from 21 to 18 years old.
Minister for Police Anthony Carbines remarked, “Victoria Police do an incredible job diverting young people away from the justice system and keeping everyone safe.”
“We’re continuing our strong support of their work and giving them more ways to respond to repeat offenders.”
Tailoring the Court System
The bill enhances the Children’s Court’s capacity by adding an additional Magistrate to ensure consistency in hearings for repeat youth offenders. A two-year trial of electronic monitoring will be implemented alongside intensive bail supervision to keep young people engaged in education and employment programs, addressing the root causes of offending.
Attorney-General Jaclyn Symes emphasised the importance of addressing underlying issues, saying,
“When young people engage in crime, something has gone wrong in their life. We owe it to them and to all Victorians to respond in a way that addresses this while still making sure they’re accountable for their actions.”
Addressing Victims’ Concerns and Strengthening Custodial Settings
New sentencing principles will be introduced to recognise the impact on victims and promote restorative justice measures. A Youth Justice Victims Register will be established, allowing victims to receive updates and provide information to the Youth Parole Board.
The custodial framework will be strengthened to safeguard young people in youth justice facilities and the staff working with them. Eligibility criteria for those aged 18 to 21 to be placed in youth justice facilities will be tightened, and mechanisms for transferring young people aged 16 and over to adult prisons will be fortified.
Promoting Aboriginal Self-Determination
For Aboriginal children, the bill mandates that sentences take self-determination into account, supporting family, Elders, and community to strengthen the child’s connection to their culture and reduce over-representation in the justice system. Courts will be required to provide reasons when sentencing an Aboriginal child to custody, outlining how cultural considerations were factored in.
Minister for Youth Justice and Victim Support Enver Erdogan underscored the bill’s holistic approach stating,
“The best way to keep Victorians safe is to address the root causes of offending. Our changes will support more young people get back on the right path and put victims’ voices into decision-making.”
The Youth Justice Bill 2024 represents a comprehensive reform of Victoria’s youth justice system, emphasising stronger consequences for serious offences and earlier intervention for lower-level offences. By addressing the root causes of youth crime and enhancing the support system for rehabilitation.
Premier Allan’s vision for the youth justice system encapsulates a balanced approach to justice,
“We will cooperate where we can, we will disagree where we must and we will engage in our national interest.”
These reforms mark a significant step towards a more effective and compassionate youth justice system in Victoria, reflecting the state’s commitment to both justice and rehabilitation.
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