Latest News & Updates

The introduction of failure to disclose and failure to protect offences in Victoria

April 28, 2015

In April 2012, The Victorian Government initiated a landmark inquiry into handling of child abuse allegations within religious and other non-government organisations. The inquiry’s final report Betrayal of Trust was tabled in Parliament on 13 November 2013 and contained recommendations which included the introduction of criminal offences for failing to disclose and to protect in regard to child sex abuse.

Laws introduced in October 2014 have now made responding to child sex abuse a community-wide responsibility. Additional laws are about to come into effect (likely July 2015) that will compel those in positions of authority within organisations who work with young people to protect them from risk of sex abuse. It is important that all Victorians are aware of how these new laws could affect them in both their personal and professional lives.

Like training on these new laws ?

Youthlaw has applied for funding to offer training on these new laws to youth workers and other professionals who work with young people. We do not have capacity to offer training at this time but we hope to be in a position to offer training in mid-late 2015. If you are interested in training on these new laws, please email education@youthlaw.asn.au with your name, service and contact number and we will update you if and when we can offer training on at a later date.

Summary of new laws

“Failure to Disclose”

From 27 October 2014 all adults (over 18s) must report to police any reasonable belief that a sex offence has been committed by an adult against a child under the age of 16, unless they have a reasonable excuse or another exemption applies. Failure to do so is a criminal offence punishable by up to 3 years imprisonment.

For more information about the “fail to disclose” offence, including the types of sex offences that must be reported, exemptions and what may be considered a reasonable excuse, please read the following fact sheet from the Department of Justice and Regulation.

“Failure to Protect”

Another criminal offence will be introduced on 1 July 2015, or possibly sooner, to penalise those in positions of authority within organisations that provide care, supervision or authority for children who fail to protect children from the risk of sex abuse by others associated with the organisation.

An offence will be committed when:

A person in authority knows that someone associated with their organisation poses a risk of committing a sexual offence against a child under the age of 16; and
They had the authority to reduce or remove the risk; and
They negligently failed to do so.

The maximum penalty is 5 years imprisonment.

For more information about the “failure to protect” offence, please read the following factsheet from Department of Justice and Regulation.

Volunteering at Youthlaw

February 9, 2015

Our 2015 annual intake for volunteers has now closed . Thank-you to all who applied. Our next intake will be March 2016.

Making a difference to young people’s lives

December 16, 2014

Dear Ministers

As you are planning priorities for your first term, we take this opportunity to raise with you key areas for policy development.

The Youthlaw Policy Platform 2015 outlines realistic directions and outcomes that will substantially assist a significant and growing number of vulnerable young people across Victoria. Our key policy development areas include :

Service system, support & intervention for vulnerable young people

We welcome your Government’s commitment to reinstate TAFE funding, to improve public education and training options and the introduction of a Minister for the Prevention of Family Violence. There are major gaps in service support for the increasing number of vulnerable young people in this state. We strongly urge the reconsideration of a comprehensive and cross portfolio vulnerable youth framework such as was introduced in 2010.

Crime prevention and diversion from the criminal justice system

Youth diversion is currently not legislated and very limited in it’s availability. Youth diversion is urgently needed, highly effective and will reduce the mounting pressure on the courts and on prisons. The need for adequately funded and legislated youth diversion is needed to divert young people from the criminal justice system and to assist them to lead productive lives.

We note the clear ALP pre- election commitment to youth diversion . Members and supporters of the Smart Justice for Young People group strongly support state wide legislated youth diversion.

Youth remand and detention

Due to legislative and regulatory changes under the previous government, there is currently an unacceptable high number of young people on remand. There is an urgent need to review bail and remand practices and fund more bail support services. In regard to youth detention whilst Victoria’s detention rate is very low compared to elsewhere in Australia and overseas we urge vigilance to ensure detention is a last resort , that probation is not unnecessarily hindered, that the Victorian dual track model is preserved, and that youth in detention receive the supports they need to change their lives.

Fines and young people

Vulnerable young people are disproportionately affected by the current adult and child infringement systems and the increasing reliance by government on fine penalties. There is little protection for them from being drawn into the court and criminal justice systems. Fines are generally excessive particularly given their capacity to pay. Young people with parents who can pay their fines are able to avoid court and criminal records whereas those without financial means face court and a criminal record.

Youthlaw is extremely concern about the impact of PSOs on vulnerable young people, including over policing, increased and excessive fining, drawing them into the criminal justice system and escalation of conflict. We regularly assist young people fined by Protective Service Officer (PSOs). Commonly they present with multiple fines, on average totalling $1,000. Many have been fined multiple times over the space of a short period.

Our view is that PSOs should be directed to their core business of providing ‘safety’ and not to fining clearly vulnerable people. And so while we support Government initiatives to promote a safer community, we seek a review of the PSO scheme including a review of their numbers, where they are positioned, possession of weapons, training, exercise of their discretion to caution and their scope to fine.

Justice reinvestment

We applaud the governments response to released data on rising imprisonment levels and recidivism rates. We strongly encourage the government adopt and implement a justice reinvestment approach to reduce crime and incarceration. In particular we urge your government to pilot a justice reinvestment project in Victoria targeting children and young people.

Police Accountability

We urge your government to expand the Independent Broad-based Anti-corruption Commission (IBAC) to effectively and independently investigate misconduct complaints against police and have the power to charge and prosecute their misconduct.

There is little in the way of publically available accessible analysis of police data and crime statistics (including fines by PSOs) that explains the nature and extent of youth offending (including infringements). We support the new independent Crime Statistics Agency regularly publishing data reports that provide transparency and the evidence to inform policy development.

We look forward to working with you in the future and I would be happy to meet with you to brief you more fully on our policy platform and our work with young people.

Yours Sincerely

Ariel Couchman, Director

Federal Senator calls for independent investigation of police in Victoria

October 1, 2014

Senator Marshall (speech 30 Sept 2014) is spot on. Speaking about the recent apology and compensation from Victoria Police to a victim of police mistreatment ( Corinna Horvath) he said:

Incidents like those experienced by Corinna Horvath are still occurring and before the courts. The state government should establish an independent body to investigate police misconduct complaints and a system for victims to access compensation for violations of human rights perpetrated by police personnel.

The Independent Broad Based Anti-corruption Commission, or IBAC, is presently the body responsible for investigating police complaints. IBAC itself in April this year asked the parliament of Victoria to increase its powers. In its report tabled in parliament it specifically asked for ‘the extent to which IBAC must be reasonably satisfied before investigating complaints’ to be reviewed. And IBAC is also seeking ‘the ability of IBAC to conduct preliminary enquiries or investigations’.

73 % of IBAC’s complaints are police related matters. In total around 3,500 complaints have been made against police to IBAC—a significant number of complaints. IBAC has a limited budget with fewer than 30 investigators. Their current role appears to merely log complaints and pass them onto the police internal department for review. In many cases these reviews are then forwarded to the same police station or region from where the police come from. This process is failing our state.

The coalition government in Victoria recently presented legislation to parliament to strengthen IBAC, which is unlikely to be passed before the next election and, in my opinion, does not go far enough. Victoria needs reforms of IBAC so it can independently investigate complaints against police and have the power to charge and prosecute their misconduct. Under its current powers, IBAC cannot even make a binding recommendation to the Victorian police force. Police can just ignore IBAC. An alternative to IBAC would be a separate, independent body to deal with police complaints.

But what should be obvious to all is that police cannot investigate police, if we expect proper justice”.

See his full speech