Latest News & Updates

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”.

Youthlaw comment on police shooting 23rd September 2014

September 25, 2014

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 ‘

Get StreetSmart with a new smartphone-friendly guide to the law

July 16, 2014

“The first interaction with police here … I felt quite invaded. I’d want to know where I legally stand in that situation. I’d want to know how to remove myself from that situation.”

Justin* age 18

Would you know what to do if a police officer ordered you to move on? What if a Protective Services Officer asked you for your name and address? Can a ticket inspector arrest you?

Youthlaw answers these questions and more with StreetSmart: a smartphone-friendly website that explains the law in plain English. Designed to be just as easy to use on your smartphone as it is on a tablet or desktop, StreetSmart has all the legal information you need to know about police, PSOs, ticket inspectors and security guards as well as useful tips on how to handle yourself.

Developed in collaboration with young people and design researchers at Paper Giant, a design consultancy based in Melbourne, StreetSmart is the first website of its kind in Victoria.

“For the young people that Youthlaw help, their mobile phone is the only way they access the Internet, so it was important to combine information that was easy to understand with a design that made it easy to use on a phone,” says Reuben Stanton, Paper Giant’s designer.

Young people were involved closely in the design of the website, through interviews and testing of early versions.

“During our research with young people, we found that there was no reliable and easy to understand source of information for them to learn about their rights,” says Chris Marmo, a researcher at Paper Giant. “It was important to make something that didn’t read like a typical legal document.”

The website is now live at www.streetsmartvic.com.au

*not his real name

Youthlaw lawyers now available as guest speakers to talk about StreetSmart at schools, VCAL classes and other programs for young people. For more info, contact Annie Davis on 9611 2433 or email [email protected]

Bans on community legal centres speaking out

July 4, 2014

Starting from 1 July 2014, community legal centres such as Youthlaw can’t use federal government funding we receive to engage in policy reform or advocacy work.

The ban has been heavily criticised by community legal advocates as it is contrary to the findings of the recent Productivity Commission report on ensuring everyone has access to justice.

At Youthlaw, we provide direct legal assistance to young people who are experiencing homelessness, escaping family violence, struggling with mental health issues, recovering from substance addiction, dealing with a history of neglect and abuse and feeling like the law is there to persecute them, not protect them. Our services include a drop-in clinic at a homelessness access point, Skype advice to young people in country Victoria and outreach services.

Youthlaw’s role is to provide flexible services that are relevant and effective for young people who need the most help. This means that – as well as providing direct assistance to clients who attend our legal clinics – we draw on these experiences to fight for fairer long-term outcomes for at-risk young people.

For example, Youthlaw has been advocating that the current infringements system operates in a way that has an unfair impact on young people experiencing homelessness, and that fines don’t work to address the reasons why most young people experiencing disadvantage keep getting minor infringements. As a result of this important advocacy from Youthlaw and other community legal centres – in collaboration with a range of government agencies and other community organisations – the Victorian Government has unveiled changes to the infringements system which will implement:

a streamlined, easier system to keep track of fines;
a fairer internal review process to deal with fines early;
a faster method for dealing with fines (without them dragging on for years and being dealt with by already busy courts); and
‘work and development permits’ for people to pay their fines through community work or by addressing the reasons why they received the fines in the first place (eg. drug and alcohol counselling, mental health counselling).

We think this ban ignores the importance of community lawyers advocating for what is fair, just and right, and the contributions community legal centres make towards advancing social justice in Australia.