The Victorian Government’s ‘adult time for violent crime’ youth justice sentencing reforms tabled today ignore warnings from legal experts and clear evidence that show harsher penalties for children do not reduce rates of reoffending or improve community safety.
Youthlaw has obtained independent legal advice from Senior Counsel Michael Stanton and Cameron Moir from the Victorian Bar about the legality and potential human right implications of the Justice Legislation Amendment (Community Safety) Bill 2025 (Vic).
Senior Counsel Michael Stanton states: “The Bill represents a significant departure from long standing principles underpinning the Victorian criminal justice system in relation to children.”
The independent legal advice states:
“It is strongly arguable that the proposed amendments in the Bill are contrary to the Charter and Australia’s obligations under international law because:
- They fail to protect the best interests of the child as a primary consideration;
- They subject children to the potential for disproportionate punishment, which may constitute cruel, inhuman or degrading treatment;
- They fail to adhere to the foundational principle that the detention or imprisonment of a child shall be used only as a measure of last resort and for the shortest appropriate period of time; and
- They reflect a failure to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment (many of whom will themselves commit offences), and fail to provide an environment that fosters the health, self-respect and dignity of the child”
Moreover, the proposed amendments in the Bill “reflect a failure to take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim of any form of neglect, exploitation, or abuse; torture or any other form of cruel, inhuman or degrading treatment or punishment and fail to provide an environment that fosters the health, self-respect and dignity of the child.”
The Bill was introduced shortly after midday and debate will be rushed through without thorough human rights scrutiny, before being put to a vote in the Legislative Assembly at 5pm today.
Removing significant human rights principles for imprisonment to be a last resort for children and for rehabilitation to be a central focus in sentencing children risks future legal challenges for incompatibility with existing human rights protections.
Michael Stanton SC states: “The above matters may result in the Supreme Court issuing a declaration of inconsistent interpretation pursuant to s 36(2) of the Charter because the amendments are incompatible with the human rights of children”.
“Further, the proposed amendments may breach s 10 of the Racial Discrimination Act 1975 (Cth) because of their disproportionate impact on minorities, including First Nations peoples. This may result in the proposed amendments being inoperative to the extent of the inconsistency between State and Federal laws.
Victoria’s specialist youth legal service Youthlaw strongly opposes the youth justice sentencing reforms.
Lee Carnie, CEO of Youthlaw stated: “Rushing through laws that will see children as young as 14 sentenced as adults and facing life imprisonment will have a devastating effect on children who have too often experienced violence, abuse and homelessness themselves.”
“Children do not belong in prison cells. Moving children into the adult courts will only fast-track their path into adult prisons. The Victorian Government should be investing in youth-specific crime prevention and early intervention programs, not dismantling systems that work.”
Youthlaw is Victoria’s statewide specialist community legal centre for children and young people under 25. You can see our previous media release in anticipation of the release of these new laws here.
Media contact: Lee Carnie (they/them), CEO – 0402 088 060
See the obtained legal advice in full here.