Latest News & Updates

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

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

Police accountability and independent investigation

The recent shooting of an 18 year of man by police  raises again  police and law enforcement accountability. At a time when police powers are increasing and there is a fear of terrorism this is crucial . Currently Victoria Police investigate all shootings and other actions by police .

Whilst it is understandable that senior Victoria Police officers quickly defended their members actions it highlights the problem with Victoria Police investigating the actions of police.

Police investigating  police is completely unsatisfactory . It cannot ensure an impartial and independent investigation process and instead leaves open the possibility of bias and cover ups. There are numerous examples of past police shootings that have demonstrated this including the shooting of 15 year old Tyler Cassidy in 2008.

Youthlaw and many youth and legal organisations have been lobbying for some time for complaints against police to be handled independently of police. This latest shooting only highlights the urgency for this to occur. An expanded IBAC would be the obvious answer. IBAC itself has called for this and politicians of both major parties have silent. No doubt both parties are concerned about getting police off side including the powerful Police Association.

We also note the Coroner’s recommendation in the Tyler Cassidy inquest that an independent observer be present when police interview other police involved in a fatal shooting. We call on the government to clarify whether this is in place.

Scrutiny of the reasons underpinning this tragedy

This shooting also raises the question of how a young man could have become so isolated and disengaged that he contemplated these actions and ending his life.

We  express our support for a statement by the Council secretary of the Islamic Council of Victoria Ghaith Krayem  who warns  ‘against making assumptions’.  ‘Brandishing a flag and making disparaging comments about Australian agencies does not mean Mr Haider was a terrorist. Nor did being young, angry and immature.  More needs to be done to understand disaffected youths and bring them back into the community ‘

To read more: http://www.theage.com.au/victoria/dont-brand-melbourne-youth-a-terrorist-islamic-council-20140924-10l8v7.html#ixzz3EHVgHkpv