Allan Government’s senseless backflip on Victoria’s children and young people will cause preventable harm
The Allan Government’s pause on changes to youth bail laws will cause preventable harm to Victoria’s children and young people, and keep children and young people needlessly locked up behind bars while waiting for a trial, says the Human Rights Law Centre.
The proposed changes, which have been shelved until early 2024 along with broader Youth Justice amendments, would have removed almost all reverse onus provisions for children.
Reverse-onus provisions have led to a massive increase in the number of people in prison for offences they have not been tried for. Right now, 42 per cent of people in prison are waiting for a court hearing or trial, compared to 18 per cent a decade ago. These figures are even higher for children, with over 80 per cent of children and young people in detention on remand in 2022. In May 2023, 82 per cent of Aboriginal children and young people in detention were on remand.
The Human Rights Law Centre is calling for the Allan Government to commit to and implement the recommendations in full from the Yoorrook Justice Commission, which included creating a presumption in favour of bail, repealing the reverse-onus provisions and prohibiting the detention of children under 16.
Quotes attributable to Amala Ramarathinam, Acting Managing Lawyer at the Human Rights Law Centre:
“As acknowledged by the Victorian government in their own evidence to the Yoorrook Justice Commission, Victoria’s bail laws have been a disaster for children and young people. The Allan Government should be taking every step today so that no child is waiting for a court hearing locked up in a police or prison cell. Instead they are senselessly delaying what could have been positive and much needed changes.
“In August, the Yoorrook Justice Commission found Victoria’s bail laws are racist, punitive, unjust and entrench disadvantage. It recommended urgent and widespread reform. The Government must not falter on its commitment to ensuring better outcomes for Victorian children.”
Media Contacts:
Thomas Feng
Media and Communications Manager
Human Rights Law Centre
0431 285 275 Thomas.feng@hrlc.org.au
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