Latest News & Updates

A Supreme Court appeal decision to be handed down today (29/7) could have far-reaching implications for the investigation of complaints against police in Victoria, say advocates for Nassir Bare, who is seeking independent investigation of an alleged serious assault by Victoria Police in 2009.

 The allegations include Mr Bare having his teeth chipped while being pushed into the gutter, being capsicum sprayed while handcuffed, and being racially slurred by Victoria Police officers in February 2009, when he was 17 years old.

 The decision will address whether Victorian law – in particular, the Charter of Human Rights and Responsibilities – recognises a right to independent investigation of serious complaints made against police, rather than the existing practice of police investigating police.

 ‘Currently few young people have the confidence in the system to make complaints. However, we believe a fully independent investigation process would see the number of complaints from young people and adults substantially rise,’ said Tiffany Overall, Advocacy and Human Rights Officer with Youthlaw, today.

 ‘Most police are trying to do the right thing and are committed to providing professional services of the highest standard, but they too are thwarted by an inability to bring those engaged in abusive behaviour to account.

 ‘An independent and robust investigation of complaints against police would ensure that police who engage in abuse are prevented from perpetrating further harm, would deter future human rights abuses, and instil greater confidence in Victoria Police,’ Ms Overall said.

Mr Bare brought the action because he did not have confidence in Victoria Police investigating his complaint due to genuine concerns that information about him or his complaint might be passed on to the officer involved, risking reprisals from local police.

The appeal follows a March 2013 Supreme Court decision that police could themselves lawfully investigate his complaint, which was referred back to them after being first reported to the then Office of Police Integrity, now the Independent Broad-based Anti-Corruption Commission

‘We are hopeful today’s judgement will find that current Victorian law implies a right to fully independent investigation of police human rights abuses.

 ‘Whatever the outcome of the decision, we will be calling on the Victorian Government to put in place the mechanisms and resources required to ensure all complaints of police misconduct are independently investigated,’ Ms Overall said

‘The Victorian Government needs to strengthen legislative powers and resources of IBAC so that all investigations into police human rights abuses are conducted independently of Victoria Police.

Mr Bare was assisted to take his case to the courts through support of Youthlaw and pro bono assistance from private law firm Maddocks, and counsel Jason Pizer, Emrys Nekvapil and Fiona Spencer.

The Court of Appeal judgment in the matter of Bare v Independent Broad-based Anti-Corruption Commission (S APCI 2013 0045) will be handed down at 9.45am on Wednesday 29 July in the Red Court of the Supreme Court of Victoria.

For more background information on Bare v IBAC  

For media comment:

Tiffany Overall, Advocacy and Human Rights Officer, Youthlaw, on 0400 903 034 or
Ariel Couchman, Director, Youthlaw, on 0438 812 937

Anthony Kelly, Chief Executive Officer, Flemington & Kensington Community Legal Centre, on 0407 815 333

Anna Brown, Director – Advocacy & Strategic Litigation, Human Rights Law Centre, on 0422 235 522

For media assistance:

Darren Lewin-Hill, Communications Manager, Federation of Community Legal Centres, on 0488 773 535.

Youthlaw has been very busy advocating for the rights of young people in the areas of family law and family violence.

Family law review

We made a submission on how young people can access the law when it comes to family matters (eg. divorce, custody and property settlements). Unfortunately, the current family law system is not very accessible for vulnerable young parents, who don’t get a fair outcome because of how family law appointments are structured and how overwhelming accessing the courts can be when they already have so much on their plates. Read Youthlaw’s Submission to VLA family law review.

Royal Commission into Family Violence

Youthlaw has also made a submission to the Royal Commission into Family Violence, where we drew attention to the strong, evidence-based links between children being raised in homes where they experience family violence and later risk factors (including homelessness, mental health issues, alcohol and drug issues and criminal offending). The long-term psychological effects of family violence on children and young people need to be addressed.

We recommended some changes, including:

1. Teaching young people about respectful relationships, family violence and human rights
2. Ensuring school counsellors, psychologists and well-being staff are trained and available to help young people in schools
3. Funding for youth specific services and refuges to support young people who have experienced family violence (including in the country)
4. Starting a well-known online and phone service to help young people who are experiencing family violence
5. Family violence screening & data collection so the long-term psychological impacts of family violence can be known and addressed
6. Funding for community legal centres to provide more comprehensive legal assistance to young people experiencing family violence

Read Youthlaw’s submission – Royal Commission into Family Violence

Youthlaw welcomes the Andrew Government’s first budget which demonstrates their commitment to assist vulnerable young people.  Much of its investment in early intervention, preventing family violence, education, support services and diversion represents a positive development towards many of the key policy areas identified in Youthlaw Policy Platform 2015.

We understand not everything could be funded in the first budget, but there were some policy areas that missed out that we urge Government to include in the 2016 Budget.

While this budget made significant investment in the child protection system, the state needs much greater investment in integrated early intervention services for the thousands of vulnerable young people  who are not part of the child protection system.

We are pleased about the $1.2 million to strengthen the bail youth diversion program, however there is no allocation in this budget towards Government’s election promise of legislating and funding a state-wide youth diversion program. It is imperative Government commit significant resources to a state-wide program to ensure all young people have access to similar services that assist them to avoid more serious offending and the stigma of a criminal record

There are no major new initiatives to reverse the growth in prison numbers, but we are very encouraged by Government’s shift in approach with more investment in community corrections and prison education, health and programs than new prison beds, and commitment to “Over the next four years the Labor Government will focus on the difficult task of slowing the rate of people returning to prison.”[1]

We strongly encourage the Government adopt,fund and implement a justice reinvestment approach to reduce crime and incarceration. In particular we urge Government to fund an independent justice reinvestment agency and pilot a justice reinvestment project in Victoria targeting children and young people.

To see more detail of budget initiatives and what’s missing: 2015 Budget&Youthlaw policy platform