Latest News & Updates

Youth Coalition support spent convictions scheme

March 16, 2021

We the undersigned member agencies of Smart Justice for Young People, come together to express our collective support for the scheme proposed in the Spent Convictions Bill.

Smart Justice for Young People – a coalition of over 50 social services, health, legal, Aboriginal and Torres Strait Islander, youth advocacy organisations and academic experts – has been advocating for a spent conviction scheme in Victoria for many years. Spent convictions are those convictions that have reached a set period (i.e. 10 years for an adult offence and 5 years for a child offence) and are removed so they no longer show on an individual’s police criminal record check. Such a scheme is designed to reduce the damaging effect old criminal records can have on people looking for employment, as well as when they try to secure housing or apply for volunteer work.

Victoria is the only state or territory in Australia that does not have a spent convictions scheme. Victoria Police currently have discretion about whether to disclose convictions.

The Spent Conviction Bill currently being debated in the upper house of Victorian Parliament. The Bill proposes that some convictions will be spent automatically after the set period (all offences by a young person under 15 years and minor offences of those 15 years and over) but for other more serious offences an application for approval is made to the Court to have them spent.

We confirm that the provision immediately spending convictions for children under 15 years is good public policy based on medical evidence that gives children the best chance to not be stigmatised by their past, but rather rehabilitate and move on with their lives.

We support the Bill based on the following fundamental principles:

Acknowledgment of the differential developmental stages and needs of children;
Promotion of rehabilitation and restorative responses and removal of discriminatory barriers impacting the most vulnerable in our community.

Acknowledgement of the differential developmental stages and needs of children

Under the Bill, children aged under 15 years would have their convictions spent immediately, in recognition of the fact that different approaches are needed to supporting children in comparison to adults.

Research into brain development consistently shows that children’s brains are still developing and they are, in general, less able than adults to form good judgements.^[1]

By spending convictions committed by children under 15, we acknowledge the developmental difference between adults and children and capacity for rehabilitation and change, supported by evidence and our collective work on the ground with marginalised young people.

Concerns have been raised regarding the provision of the Bill to spend convictions for children under 15 where they relate to serious offences. However we wish to highlight that offences of a serious nature committed by young people are rare,^[2] rather most children are in the criminal justice system for minor offending and convictions.

In any case, even with the introduction of this scheme, children will still be sentenced within the criminal justice system in the same way and be held accountable for their offending.

It is also important to re-state that under the scheme, in order for a conviction to become eligible to be spent automatically, a period of 5 years with no serious re-offending must be completed by the child.

The provision within the Bill to ‘spend’ the convictions does not delete the convictions, they are just not disclosed for certain purposes. Under the proposed legislation, police and courts will continue to have full access to criminal histories and records which will be released when required for certain employers and third parties to make necessary risk assessments.

Promotion of rehabilitation and restorative responses and removal of discriminatory barriers impacting the most vulnerable in our community

The scheme acknowledges children’s capacity for genuine change and rehabilitation. We emphasise that many of those who have had contact with the justice system are particularly vulnerable, having often faced multiple layers of complex disadvantage in their lives, in circumstances beyond their control. Many have a history of trauma, abuse or neglect; experience mental health problems, drug or alcohol problems; cognitive disability; and/or have had involvement with child protection services and out-of-home care.

The impact of current legislation is also particularly felt by communities that are disproportionately represented in the criminal justice system – particularly Aboriginal and Torres Strait Islander and culturally and linguistically diverse communities who face compounding discriminatory barriers in terms of access to employment, education and housing.

Critically this scheme will reduce the damaging impact and barriers to education, employment and housing faced by some of the most vulnerable members of our community based on their historical criminal records. The scheme will give young people the opportunity to rehabilitate, and offers a vital second chance to adults who have previously committed an offence and provide an opportunity to set their lives on a better path.

JOINTLY SIGNED by

Julie Edwards, Chief Executive Officer

Jesuit Social Services

Carmel Guerra, Chief Executive Officer

CMY (Centre for Multicultural Youth)

Emma King, Chief Executive Officer

Victorian Council of Social Service (VCOSS)

Marius Smith, Chief Executive Officer

VACRO

Andrew Bruun, Chief Executive Officer

YSAS (Youth Support – Advocacy Service)

Deb Tsorbaris, Chief Executive Officer

Centre for Excellence in Child and Family Welfare

Dr Diana Johns, Senior Lecturer in Criminology

The University of Melbourne

Dr Mark Zirnsak, Senior Social Justice Advocate
Synod of Victoria and Tasmania, Uniting Church in Australia

Meena Singh, Legal Director

Human Rights Law Centre.

Claudia Fatone, Chief Executive Officer

Fitzroy Legal Service

Melissa Hardham, Chief Executive Officer

WEstjustice

Ariel Couchman, Chief Executive Officer

Youthlaw

Mitty Williams Trustee

The Kimberley Foundation

[1] Cauffman, E., & Steinberg, L. (2000). (Im)maturity of judgment in adolescence: why adolescents may be less culpable than adults. Behavioral Sciences and the Law 18 (6).

[2] Australian Bureau of Statistics (2021) https://www.abs.gov.au/statistics/people/crime-and-justice/recorded-crime-offenders/latest-release; Crime Statistics Agency. (2019). Latest crime data – Year ending June 2019. Retrieved from

Federal ICAC well-overdue, but Victoria needs to strengthen IBAC

November 5, 2020

MEDIA RELEASE: 5 November 2020

Youthlaw welcomes the Federal Government’s proposal to establish a national anti-corruption body, but says that Victoria still needs to do more to strengthen its own Independent Broad-based Anti-corruption Commission (IBAC).

“We support the establishment of a federal oversight body, but it won’t replace the need to strengthen the anti-corruption system right here in Victoria,” said Ariel Couchman, CEO, Youthlaw.

The youth-focussed community legal centre called on the Andrews’ govermnet to fulfil it’s promise to implement the recommendation of the parliamentary cross party IBAC committee to establish independent investigation of all serious police complaints.

“The State Government has yet to fulfil that promise,” said Ms Andrews.

“Victoria needs to get its house in order when it comes to investigating police misconduct and misuse of power,” said Ms Couchman.

Youthlaw has expressed concerns that IBAC lacks the resources and power to properly investigate serious allegations of police misconduct, with most complaints against police being investigated internally by the police’s own Professional Standards Command.

A 2018 audit of the Victoria Police’s Professional Standard identified a number of concerns about PSC’s complaint handling procedures.

“If Victoria is serious about stamping out corruption and abuse of power, we must give our anti-corruption body the power it needs to be effective,” said Ms Couchman.

Saved from Omnibus bill, but ‘second-tier police force’ Bill set to pass under cover of COVID

October 13, 2020

MEDIA RELEASE – 13 October 2020

Youthlaw, Victoria’s free legal service for young people, has criticised new laws to expand the reach of armed Protective Services Officers (PSOs) that are expected to pass the Legislative Council this week, saying many laws were being introduced “under cover of COVID”.

Youthlaw’s CEO, Ariel Couchman, said it was inconsistent to listen to community concerns on some proposed laws, but not others, after the State Government last week amended the Omnibus Bill (COVID-19 Omnibus (Emergency Measures) and Other Acts Amendment Bill 2020) before it was introduced to the Legislative Council.

“The Victorian Government listened to community concerns, and rolled back elements of the Omnibus Bill that would have allowed unspecified authorised officers to detain people on a ‘reasonable belief’ they would not comply with public health directions,” said Ms Ariel.

“And yet in the same week as the amended Omnibus Bill we will see a Bill enter the Legislative Council which will permit armed PSOs, with just 12 weeks of training, to operate in any public space – including shopping centres, roadways, public entertainment venues and sports grounds – with powers to detain, arrest and search,” she said.

“This Bill represents a significant blurring of the roles outside of the original parameters of the PSO program which saw them only deployed in and around the transport network. We can now expect to see more and more PSOS carrying out the work of the Victorian Police Force.”

“Under cover of COVID, the State Government is effectively building a second-tier police force, with a fraction of the training and no independent accountability,” she said.

There is wide held concern this Bill will expose already over policed cohorts of Victorians including young people, Aboriginal people to further engagement in the criminal justice system.

And it comes at a time when Victoria lacks any adequate accountability for police or PSO misconduct and has failed to respond to the IBAC Parliamentary Committee Report into the external oversight of police corruption and misconduct in Victoria (2018)

“If passed this Bill will only heighten the feeling the Victoria is the police state. We commend the Victorian Government for listening to community concerns and amending the Omnibus Bill, and we urge them to do the same with the PSOs Bill.

Media enquiries: Lanie Harris 0418 552 377 or mediacomms@youthlaw.asn.au

About Youthlaw

Youthlaw is a community legal service providing free legal advice and representation to young people under the age of 25. Youthlaw is a fearless advocate for young people, and strives for a just and equitable society for, and by, young people. It does this by addressing systemic legal and social justice issues in Victoria through community education, advocacy and law reform.

Pro bono legal program supports young people exiting state care

October 7, 2020

This article originally appeared in the Law Institute Journal of Victoria’s Law Journal in October 2020. View the PDF of the article here.

Most of us take it for granted that our family will be there to help when we’re facing financial difficulties, problems with a job or relationship, or even just guide us through the basics of independent living such as signing a tenancy agreement or breaking a lease.

Our reliance on family has been brought into stark relief during the COVID-19 pandemic, with many young people moving back home, or turning to mum and dad for financial and emotional support.

But what if you’re a kid who doesn’t have a family unit to fall back on? What if you are someone who has been removed from your family due to neglect or abuse, and upon ‘exiting care’ must transition to independent living with limited supports?

That’s the situation facing around 400 young people who leave out-of-home care in Victoria each year.

Young people transitioning out of state care are arguably some of our most vulnerable citizens.

Young care leavers are at greater risk of homelessness, substance use and contact with the criminal justice system than other young people. They are also more likely to have poorer health, education and employment outcomes than the non-care population.

Unlike the vast majority of Australians, young care leavers rarely have family to help them navigate life challenges and legal issues.

Paradoxically, young people leaving care are more likely to have unattended legal matters than the general youth population, yet are least equipped to deal with them.

Youthlaw’s Legal Pod program addresses this through a targeted legal service for young people transitioning from care.

Legal Pod is a Victoria-based legal service for young people aged 18 to 25 who have a background in out-of-home care. It has been funded by the Victorian Legal Services Board for an initial three years and is modelled off a successful pilot which ran in Queensland.

The Legal Pod program connects vulnerable care leavers with a ‘Pod’ or small team of lawyers who will provide ongoing legal support for up to three years.

Each pod consists of three to four lawyers who are involved in the program as part of their firm’s commitment to pro bono practice. The firms currently participating in program are Baker McKenzie, DLA Piper, Colin Biggers & Paisley, Gilbert + Tobin, Holding Redlic, PwC, Russell Kennedy and Wisewould Mahony .

Progress report

The Legal Pod program has so far assisted 39 care leavers to respond to their legal problems. Of these, 25 care leavers were able to be assisted through one-off legal information and/or referrals. A smaller group of 14 have required more intensive, ongoing support and have connected in with their Pods for long term assistance. This group had a very high level of unaddressed legal need, with an average of eight legal problems at the time of intake.

The pro bono lawyer’s perspective

Edward Vong from PwC is one of the pro bono lawyers currently working in the Legal Pod program.

PwC’s participation represents one of their significant partnerships in the pro bono space, and Edward says it has been incredibly rewarding for the lawyers involved.

“Other pro bono work is usually one-off. The client comes to you with one problem, you help them, and they move on,” says Edward.

“There’s rarely an opportunity to see how your legal assistance helped their lives,” he said.

“But Legal Pod is different because you get to work with a client over a long period of time. You witness their growth and change. And with our clients being young people, a lot can change in a short space of time.”

“The powerful thing for the client is that we have agreed to commit to them for up to three years. My client said ‘this is probably one of the longest relationships I’ve had with a support worker.’”

“The long-term nature of Legal Pod tells them ‘We’re in it for the long haul, we are invested in you, we care about you’ and they respond well to that.”

Colin Biggers & Paisley (CBP) has been involved in the Legal Pod program since its inception in 2018.

Dilusha Jayasekara, solicitor at CBP, says the program is vital in helping to improve the lives of vulnerable young people.

“It’s important for us to be able to assist young people in the community, and particularly those who wouldn’t normally have access to intensive, expert legal support,” says Dilusha.

“We work in an integrated way with their social worker and any other workers, so we’re addressing the client’s holistic needs,

Dilusha says that a priority has been making an application for her client to have infringements withdrawn, due to special circumstances of family violence.

“I know that having those infringements withdrawn will make a huge difference to her mental health.”

Legal needs of care leavers

There is an increased understanding and awareness of the link between the child protection and criminal justice systems, with those transitioning between the two commonly described as ‘crossover kids’.[1] Less understood are the non-criminal, or civil law problems, which are faced by care leavers.

Common civil law problems of care leavers assisted through the Legal Pod program include:

Fines: The impact of fines enforcement on both young people and disadvantaged cohorts is well documented. Legal Pod clients regularly requested assistance with unpaid fines, commonly for public transport or traffic related fines.
Debts: Almost all Legal Pod clients have a number of debts which they require assistance with, most commonly to telcos, electricity providers, and credit providers. Studies reflect that care leavers feel underprepared to transition to independence particularly in relation to budgeting and managing finances.[2]
Freedom of Information: Many Legal Pod clients have sought assistance to undertake an FOI request for access to their care records. This is not surprising given that young people report significant confusion or angst around decisions made while they were in care.[3] Clients have indicated that they would like their records ‘just to have them’ or, in some cases, to consider potential legal causes of action arising out of abuse they experienced either before or after entering care.
Victims of Crime: Several Legal Pod clients are being assisted to understand their rights as a victim of crime, and in some cases pursue an application under Victoria’s Victims of Crime scheme. Some are eligible to make an application but do not wish to revisit their past experiences.
Tenancy: Legal Pod clients have sought legal advice for a range of tenancy related issues, both in private and social housing, including rental arrears and property damage. The evidence is clear that without effective support, many care leavers experience housing instability and homelessness.[4]
Family violence: Many Legal Pod clients have had exposure to family violence since leaving care. For these clients, we have supported them to understand the nature of family violence and the legal framework for responding to it. For those who wish to pursue intervention, a small number of Legal Pod clients have connected with Youthlaw’s family violence service for specialist legal and social support, including court representation.
Rights: Apart from pressing legal problems, as Legal Pod clients develop a rapport with their Pods, they have proactively sought guidance about their legal rights. Specifically, many Legal Pod clients seek guidance around their rights when dealing with police, in the context of employment, and as tenants. Whilst many young people may turn to family members or other supports for guidance on these issues, care leavers are unlikely to have this option.

Flexibility in service delivery has been a critical element of the Legal Pod program. This has included engaging clients through a variety a different communication modes according to their preference. For this reason, COVID-19 has yet to present major disruptions to service delivery and clients have continued to be supported via phone, email and text. Whilst client intake usually occurs in person, this has continued over the phone.

The Legal Pod program will be formally evaluated this year and Youthlaw hopes to secure extended funding to continue the program beyond the pilot stage.

If you would like more information about the Legal Pod Program, please contact Paula Hughes at Youthlaw on (03) 9113 9500.