The Victorian Aboriginal Legal Service (VALS) is deeply disappointed by the Carroll Labor government’s punitive and unimaginative election commitment, which prioritises locking children and young people in detention for low-level offending over investing in the supports that keep them connected to family, community, culture and Country.
Rather than demonstrating the courage to invest in evidence-based, culturally grounded and Aboriginal-led solutions, this government continues to reach for incarceration as a political response to complex social challenges. Our children deserve more than recycled “tough-on-crime” rhetoric. They deserve a government that invests in their wellbeing, recognises their potential and understands that genuine community safety is built through connection, opportunity and support — not more prison cells.
Genuine rehabilitation cannot be achieved by replicating the very institutional structures that perpetuate trauma, disconnection and disadvantage. Any interventions and supports for our young people should be health and welfare led rather than a dressed-up version of youth justice. The evidence is clear, locking children up doesn’t work.
Imposing mandatory therapeutic orders of up to 12 months on children and young people found guilty of low and mid-level offences is neither a genuine therapeutic alternative to youth detention nor an expression of so-called “tough love”. Rather than creating pathways to healing, accountability and genuine rehabilitation, this approach risks creating a pipeline from childhood institutionalisation to adult incarceration — particularly for Aboriginal children and young people who are already overpoliced and disproportionately impacted by the criminal legal system.
Health-led interventions and supports need to be given proper investment in community, and they should always be voluntary, like Bunjilwarra. This program provides Aboriginal-led therapeutic interventions and is making a real difference for our children and young people. Instead of looking to what works, this government is committing to putting our children back in Malmsbury.
The government has made this election commitment without meaningful consultation with the Victorian Aboriginal Legal Service (VALS), the Aboriginal Justice Caucus (AJC), or Aboriginal Community Controlled Organisations (ACCOs) and Community Legal Centres (CLCs) who are working every day to support children and young people navigating the criminal legal system. This approach stands in stark contrast to the government’s commitments under Treaty, the recently launched Aboriginal Justice Agreement Phase 5 (AJA5), and the Aboriginal Youth Justice Strategy, Wirkara Kulpa. These commitments recognise the importance of Aboriginal self-determination, culturally safe and community-led responses, and addressing the underlying drivers of offending behaviours.
The government cannot claim to be committed to Aboriginal self-determination while simultaneously excluding Aboriginal voices from decisions that will disproportionately impact Aboriginal children and young people. Consultation is not optional, and self-determination cannot be abandoned when it becomes politically inconvenient. This is not evidence-informed policymaking. It is a cynical attempt to capitalise on fear and secure votes at the expense of some of Victoria’s most vulnerable children.
Our children deserve policies grounded in evidence, not election slogans. They deserve governments willing to invest in their futures, rather than political parties prepared to sacrifice those futures for votes.
Quote attributable to Nerita Waight, CEO of VALS
“This is not tough love. This is mandatory sentencing dressed up as political leadership, with vulnerable young people paying the price.”
“Where is the commitment to the social and emotional wellbeing of our young people? Where is the investment in giving them the opportunity to learn from their mistakes, to heal, and to be supported alongside their families to grow and thrive? Where is the meaningful investment in Aboriginal-led, culturally grounded responses like Bunjilwarra, or the expansion of our Balit Ngulu Practice to ensure Aboriginal children and young people can access the specialist legal assistance, advocacy and support they deserve?”
“When it comes to vulnerable young people, the major parties seem to have only two election promises: lock them up or shut them out of their communities. Cells and silence are no substitute for leadership, compassion and meaningful reform.”
Quote attributable to Negar Panahi, Principal Managing Lawyer of Balit Ngulu:
“It doesn’t matter what you call it, youth justice detention or compulsory rehabilitation; if you’re locked up and away from the community in a prison facility, it is prison. This is a desperate attempt to win votes at the cost of criminalising children more aggressively than adults.”
“The “program” will unfairly target young people involved in theft, vandalism, property damage and minor assaults, including those with drug, alcohol or mental health issues. The dark reality of this proposal is children in residential care will once again be overrepresented and further institutionalised. We cannot keep responding to vulnerability with punishment, trauma with incarceration, and disadvantage with detention.”