Latest News & Updates

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

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:

1. 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
2. They had the authority to reduce or remove the risk; and
3. 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.