Latest News & Updates

Police complaints overhaul

September 5, 2018

We welcome the IBAC parliamentary committee report on the Victorian police complaints system, released on 4th September 2018 .

As you may know Youthlaw has been campaigning for independent investigation of police complaints, for many years This year Youthlaw and many other CLCs made submissions & spoke to the IBAC parliamentary committee .

The report recs if implemented are a big positive step towards independent investigation of complaints . Key recs are that the gov’t funds IBAC to set up a police complaints division and that they are required to undertake complete investigation of all serious police misconduct complaints .

See media coverage

http://www.abc.net.au/news/2018-09-04/calls-for-overhaul-of-victorias-police-oversight-system/10200952

We are working with the other legal services to ensure the report recs are implemented . This will include further advocacy if needed. We are concerned that the definition of ‘serious police complaints’ will not cover much of the serious mistreatment young people report. If this is the case we and others will be strongly advocating for a broader definition to be legislated.

The gov’t has announced they are putting the report on hold for 6 months until after the election.

If you want to read the report here is the link https://www.parliament.vic.gov.au/ibacc/article/3802

Anti-consorting laws trample basic human rights

August 6, 2018

Anti- Association laws are currently being debated in the Vic Parliament . The Vic gov’t got rid of consorting laws a decade ago – They were regarded as unfairly criminalising those whose only crime was to associate & socialise with people with a criminal reputation.

Following other states the Vic gov’t introduced anti -association laws in 2012 to deal with bikie gangs . The Vic Gov’t introduced anti-association laws in 2016 , to deal with bikie gangs.

The new bill seeks to amend the law to deal with youth crime. The opposition supports ant-association laws and says they will have no hesitation introducing even tougher laws with severe sentences.

The changes being introduced seriously erode basic rights we take for granted . They will particularly impact populations that are heavily policed including indigenous and African people.

Young person as young as 14 and without a criminal record are the new target of these laws. They will be subjected to police surveillance . They will be stigmatised . Sadly for some the notice will probably become a badge of honour and be the driver for them to offend. A breach of a notice to not associate will have serious consequences – up to 3 years imprisonment .

We have called on the Victorian Scrutiny and Regulation Committee ( SARC) to find the bill before parliament inconsistent with the Victorian Charter of Human Rights & Responsibilities, as they should .

See our submission Youthlaw SARC submission – Anti- Association .. Bill 2018

See the joint submission by the Federation of Community Legal Centres, The Law Institute & the Human Rights Law Centre 180803_ALHR_HR_SARC_JusticeLegislationUnlawfulAssoc_FINAL (PDF)

If you want to join with others to oppose the laws see the Federation of community Legal centres website for details https://www.fclc.org.au/

Victoria must independently investigate serious complaints of police misconduct

April 4, 2018

Disturbing footage and stories of police brutality, coming from the joint investigation by the Age and ABC, highlights the need for independent investigation of police misconduct complaints.

Many young people experience significant mistreatment by police and yet they are reluctant to make a complaint, said Ariel Couchman today, Director of Youthlaw, a state-wide legal centre for young people under 25.

“Youthlaw regularly hears of unacceptable abuse by police such as physical assaults, degradation, prejudicial comments to degrade and control, and inappropriate and intrusive policing.“ she said.

“The abuse they experience is disturbing, yet overwhelmingly young people are unaware that they can make a complaint. However, once they receive information of the current complaint system they are extremely reluctant want to make a complaint. In general they have no confidence their complaint will be taken seriously,” Ms Couchman said.

“They fear consequences of complaining about police officers given how much power they have over their daily lives.”

“In Youthlaw lawyer’s experience young people rarely exaggerate the abuse or seek to complain for vexatious or flippant reasons. Most believe it is just a fact of life that they will be treated this way and there is little that they can do about it”.

The current system where a police force investigates police complaints, particularly those of a serious nature, is inevitably highly flawed and lacks integrity.

Like many other community lawyers, Youthlaw also calls on the Andrews Government to reform Victoria’s failing police complaints system and ensure that IBAC or another independent body investigates all serious complaints of police misconduct.

“The IBAC Parliamentary Committee currently conducting an inquiry into this issue has a critical opportunity to make essential recommendations of this nature.” Ms Couchman said.

For comment and interviews, contact:

Tiffany Overall | Advocacy and Human Rights Officer, Youthlaw |
04oo 90303 | tiffany@youthlaw.asn.au

Youth Detention royal commission into NT has lessons for Victoria

Victorian Cherry creek youth facility is largely unsupported by NT Royal Commission recs

November 17, 2017

The Royal Commission into the Protection and Detention of Children in the Northern Territory (NTRC) found shocking and systemic failures occurred over many years and were known and ignored at the highest levels. It calls for the shutting down of Don Dale and a major overhaul and rethink of youth justice, child protection & detention.

Many might assume the disturbing practices revealed are limited to the NT, however, similar behaviours and practices have been documented in all youth detention facilities throughout Australia including Victoria.

In Victoria, staff working in youth detention facilities have 3 weeks of training & do not need to have any experience with youth. This year it was revealed that Victorian youth in detention have regularly been locked down and isolated as a form of discipline and when there are staff shortages. Education was only introduced relatively recently in Victoria & not to all detainees.

Briefings on the new Cherry Creek facility have repeatedly emphasised security and control. As yet, we in the youth sector are unconvinced much will change in terms of staff training or assessments on entering custody. At odds with the Royal Commission’s recommendations, the facility will be very large and it will not be close to the homes and communities of young people being detained.

Some of the key recommendations of the Royal Commission’s final report are:

Raise the age of criminal responsibility to 12
No detention for a child under 14 except in exceptional circumstances
Put into practice detention as a last resort and greater use of diversion into the community
Comprehensive professional medical and psychological assessment on being taken into custody
Young people to be detained in facilities that are close to home, small and therapeutic in focus
All young people in detention have access to ongoing education in custody and post-detention
Youth justice officers to have demonstrated experience in working with young people and to be provided with adequate relevant training
Family contact to be prioritised and facilitated
Prohibiting extendable periods in isolation over 24 hours, or its use as a punishment
Banning the use of tear gas and force or restraint being used to discipline those in detention
Much greater accountability of officers including body-worn video cameras.

Read the NTRC’s full report.