The Victorian Government is celebrating a Budget today that, in their own words, is “Focused On What Matters Most”. It appears what matters most in the justice space to this government is doubling down on repeating mistakes of the past, by continuing to expand investment in police and corrections – rather than committing to long term investment in early intervention supports and culturally safe legal services. Both of which would assist the Victorian Government in finally meeting its Closing the Gap commitments.
We have seen consecutive blows of regressive and punitive legislative reforms impacting Aboriginal communities since Jacinta Allan took the helm. Today there was no announcement towards the promised legislative or programmatic off ramps. This shows that the government continues to ignore our warnings about the inevitable harms our communities will experience as a direct result of ill-informed policy decisions.
Whilst on the face of it, the allocation of $7.7 million over two years for our Regional Justice Hubs is welcome, the short period of this funding poses significant risks in maintaining our high standard of legal assistance, our culturally safe spaces and our dedicated workforce. Our staff like any other Victorian are looking for long term employment and stability whilst enduring this cost-of-living crisis.
The over 50% of our peoples in Victoria living regionally, are also looking for stable and consistent Aboriginal-led legal service delivery, as they do battle with poverty, disadvantage and the lack of housing. Alongside the ongoing discrimination of the legal system, this budget outcome does not deliver that. The injustice is palpable.
Our Regional Hub model, which includes seven sites across west metro and regional Victoria has made a significant impact on the lives of Aboriginal people in this state over the past two years, it has been positively evaluated and shown significant cost savings to government. Our clients’ stories highlight the value that Aboriginal community members place on having their cultural needs understood and met. This Budget is simply a repeat of the 50-year funding inequity that VALS has experienced with Aboriginal-led Legal Services receiving a dismal two-year commitment as compared to their mainstream counterparts.
VALS has been very clear that to achieve community safety, we need sustainable investment in the social services system, alongside access to legal assistance. This is an immediate need, not a future ask. Today the government announced an additional $1.6b into implementing new bail laws. As a comparison, VALS received 0.5% of that to support our communities, even though Aboriginal and Torres Strait Islander peoples represent 14.5% of the prison population in this state. This government would rather acquit $36 million dollars staffing an empty prison for two and half years than invest in the community supports to stem the flow of numbers into the criminal legal system.
This government has made it very clear that they do not care for the future of our young people. With an investment of $43.4m into youth custodial programs compared to $1.9m for a youth outreach program, they are instead intent on keeping them in the legal system. When you do not invest in the very services that provide such a critical support, our people suffer.
We have been calling for increased funding for Balit Ngulu so we can expand our model across Victoria given demand for this youth practice has grown significantly due to a 300% increase of Balit Ngulu clients being held on remand since June last year. We have also advocated strongly for funding to be able to provide dedicated youth legal assistance for a broader range of issues including child protection, family violence and civil matters. Victoria has the highest rate of removal of Aboriginal children into out-of-home-care in the country – we should be ashamed.
We will not deter from our commitment to supporting our young people in a holistic approach, through federal funding we will be piloting this very model in the Darebin region, and we will show the Victorian government the benefits of this wrap around approach.
Investing in Aboriginal and Torres Strait Islander legal services is vital in addressing the overrepresentation of our people in the legal system.
We are still the most overincarcerated peoples on earth.
Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:
“Our Regional Justice Hubs work, they provide culturally safe legal assistance to our community when and where they need it. But right now, we can’t support everyone who needs it, and that’s why we sought more funding to expand our service reach across Victoria. To only receive two years surety for our current service footprint presents more problems than it solves. The fight is not over, the work continues because our people are being disproportionately impacted by this government’s ill-informed policy and funding decisions.”
“Today the Victorian Government has shown once again that the lives and futures of Aboriginal children and young people don’t matter, and this inequity is failing our kids. Postcode injustice and government inertia should not be the difference between our kids getting legal assistance and not.”
“Self-determination for our peoples cannot be achieved through short term funding cycles. We continue to call for the transfer of decision-making power, authority, control and resources to First Peoples, so we can determine the solutions for our people. The government must heed the calls of ACCOs, the Aboriginal Justice Caucus and the Yoorrook Justice Commission. Otherwise, Treaty and truth-telling will be hampered because you are not listening to our voices.”
“In the words of Yoorrook’s Chair, Professor Eleanor Bourke at the Press Club last week, ‘The justice system was not designed by, for or with our people. If you cast a net wide, as these [bail] laws promise to do, there will be collateral damage, like those experiencing poverty, homelessness and intergenerational trauma.’ The government has heard this time and time again, they have listened to our stories, heard the evidence of systemic discrimination, harm, suffering and trauma inflicted by the violent and ongoing colonial project. Now is time for action, and action takes funding and resources, not just empty words of apology. Today’s budget announcement means that we can at least ensure our communities have access to culturally safe legal services as they endure the State’s disastrous bail laws.”