Today the Victorian government will introduce “post and boast” laws that will entrench the criminalisation for young people. Under the new laws, they could be sentenced with up to 2 years additional imprisonment for posting on social media about an offence they committed, such as aggravated burglary, armed robbery and carjacking. 

This is yet another irresponsible and ill-informed policy decision by the Victorian government who seem to be playing copycat to other jurisdictions’ regressive approaches to youth offending. There is clear evidence that this approach does not work in reducing offending behaviour. Children’s brains are not yet developed; they do not have consequential thinking. The initial crimes they are targeting carry a more severe sentence, so adding additional time will not serve as an effective deterrent.  

To be effective, these laws will require social media companies to share and disclose information about account holders. To date this has been a significant barrier in obtaining evidence in other jurisdictions. Instead of criminalising young people, the government should hold these companies to account for allowing misinformation, grooming, violence and hate speech to run rampant on their platforms. These platforms profit off those who are most vulnerable and seeking connection in society.  

VALS has been very clear on the public record about our concerns of Victoria Police’s racial profiling practices, this is evident in our Yoorrook Justice Commission submissions and responses to many other government inquiries. We see significant risk by further emboldening Victoria Police to surveil our young people.  

The Victorian government appears to have lost its way. They are introducing laws without consultation, without evidence of what works, and not investing in prevention and early intervention supports to address the underlying causes of offending behaviour. They are celebrating the numbers of children and young people locked up as evidence of their commitment to community safety whilst the legal and corrections sector are inundated and overwhelmed. We are deeply concerned to see the dramatic increase in the number of Aboriginal people being held in police cells for upwards of three weeks while waiting to be sentenced, the system already cannot handle these numbers. Prolonged detention of people who are unsentenced violates international human rights. Current data indicates that 60% of the youth justice prison population is unsentenced, this is alarming. It is clear Aboriginal people are not part of the state’s concept of community, nor who deserves to be safe in their eyes.  

At the recent state budget, it was resolutely clear that the Victorian government is not interested in supporting young people to learn from their mistakes, to access the supports they need so they can thrive. We advocated strongly for our dedicated youth legal practice, Balit Ngulu to be funded to expand across all our Regional Justice Hub sites, our efforts went unanswered. 

This Allan Labor Government is forging ahead with their clear intentions to keep children in prison. They’re pandering to the conservative, fearmongering narrative that our young people have lost their way, and Aboriginal and Torres Strait Islander communities are the ones being unfairly punished. This is a government that has no vision for justice, no desire for change and no path out of their self-imposed box of reductive and outdated policy. 

Premier Allan is denying our children and young people their futures by keeping them locked up. That is nothing to boast about. 

Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service: 

“While I am not surprised this new offence has been introduced, I am deeply disturbed and disappointed. The Victorian government are not innovative thinkers; they are simply following other states and territories down the path of ill-informed policy approaches to tackling youth justice issues. It is clear they are intent on not listening to experts about what actually works, but VALS is here, we are open to working with the Allan Labor Government when they realise that following others is not leadership. They are no ‘tougher’ than other states, but are equally misguided.” 

“Our kids need support, guidance and mentoring. This is true for kids who post on social media seeking likes for which party they attend, the clothes they are wearing or in more troubling circumstances the kids who post when committing offences. This attention-seeking behaviour all comes from the same place, seeking a sense of belonging. You cannot criminalise away the innate need of young people seeking to find their place in the world.” 

Quotes Attributable to Negar Panahi, Principal Managing Lawyer, Balit Ngulu: 

“VALS is strengthening its Balit Ngulu program to support young people with a focus on healthy relationships, education pathways, and their rights and responsibilities online. Our approach is centred on holistic wrap around care — because what our youth need is support and opportunity, not another two years in a prison cell. Investing in prevention and early support is not only more effective, but it’s also the only path to impactful and sustainable long-term change.”  

“It’s a national disgrace that instead of investing in the futures of young people and expanding programs like Balit Ngulu to support Aboriginal children beyond Melbourne and Shepparton, the government continues to pour resources into punitive policies and prison cells.”