Victoria’s new bail laws risk making the state’s crime problem worse by increasing the chances of young people reoffending, the state’s outgoing children’s commissioner has warned.
Liana Buchanan, who finishes up next week as Victoria’s Commissioner for Children and Young People, told The Age she had witnessed major improvements during her nine years in the role. But she said there were still significant issues to overcome, including the “mind-boggling” exploitation of children in residential care. Buchanan said she was distressed by the approach taken in the Allan government’s bail reforms, the first stage of which passed parliament in the early hours of yesterday morning.
The laws have immediately reintroduced the crime of committing an indictable offence while on bail and breaching bail conditions. Bail will also become less likely for offences such as aggravated burglary, home invasion, carjacking and armed robbery because of more stringent tests. Buchanan said Victoria’s approach to bringing down the youth crime rate did not appear informed by evidence, and there was an “absolute risk” the laws would make the issue worse.
“We jump to simplistic responses that might make people feel better in the short term, but I think the evidence shows will not actually help bring down youth crime in the long term or even the medium term,” she said. Buchanan said while there was access to some programs and education in custody, both were compromised whenever there were pressures on the system, such as staff shortages or facility lockdowns.
“People who think that time on remand will help a young person to rehabilitate, I wish they could go in and see what custody is like” she said. “The evidence is very, very clear, they are more likely to come out either after a period on remand or after sentence and reoffend than had they been channelled through another path.” The state needs to do a better job intervening with at-risk children early, such as when a child protection order was made or when they were no longer attending school, the commissioner said.
Opposition Leader Brad Battin, whose Coalition helped to pass Labor’s bail laws and argues they need to go further, said on Thursday there were better outcomes from early intervention. “If you want to reduce the impact of crime, start to get young people when they’re at risk,” he said. “Stop waiting for them to come into the justice system. The best programs used to operate here, Victoria, they’re all gone, because of the funding cuts.”
Buchanan said more than half the young people in custody have been the subject of a child protection order. This means a report has not only been made about their welfare, but it has been investigated, substantiated and court action taken.
A Victorian government spokesperson thanked Buchanan for her service in the role and acknowledged there was more to do. “We have listened to victims of crime and Victorians, and we have acted — we must protect Victorians from the most serious kind of repeat, high-harm offending”.
One Response
The question is, then, if the evidence is clear that this is the wrong decision, why was the legislation rushed through Parliament this week in record time? The answer is that the media have escalated community concerns, and the issue has become politicised. Instead of seeking the best solution, the Government has taken action that it hopes will placate the public by responding to the simplistic view that time in prison will “punish” the misbehaviour and stop it.
This also flies in the face of advocacy for raising the age of criminal responsibility, which has concurrently been shelved. Public anger at serious misbehaviour by young people is perfectly understandable and does deserve strong action, but this is the wrong action.
Ms Buchanan also pointed out that more than half the young people in custody have been the subject of a child protection order. This means a report has not only been made about their welfare, but it has been investigated, substantiated and court action taken. However, the “action” by the court has not been adequately followed up by the Child Protection system.
The new legislation means that more young people will be detained in the juvenile justice system or, for those below the age of criminal responsibility, in the secure welfare system. Neither of these pathways has an appropriate therapeutic program.
MHYFVic has been advocating for changes to the dysfunctional child protection system. It has also been advocating for therapeutic programs in juvenile justice, and now with the raising of the age of criminal responsibility it is adding advocacy for therapeutic programs in secure welfare that will address these serious misbehaviours in a more constructive way than simply “locking them up”.
For the last two years we have been requesting a meeting with the Minister, but although her gatekeepers have agreed that our advocacy is appropriate there has been no meeting with the Minister and no change by the department. The government action is not the right action and it is time for consideration of proposals that are more likely to work than “more of the same”.