Criminal Age Raised to 12; Youth Detention Cannot Use Solitary Confinement; Aboriginal Children Get New Cultural Rights
Youth Justice Bill 2024
Legislative Assembly
Legislative Council
Assent
Topics
child protection child safety criminal justice criminal responsibility diversion programs human rights Indigenous affairs Indigenous rights information sharing juvenile sentencing law enforcement police powers public safety sentencing youth detention youth justice +11 more
Introduced by: The Hon Anthony Carbines MP (ALP); The Hon Enver Erdogan MLC (ALP)
Links to official parliament websites
Effects of this bill
If this bill passes, it means that:
The minimum age of criminal responsibility is raised from 10 to 12 years. Children aged 12 or 13 are presumed unable to commit a crime unless the prosecution proves they knew their conduct was seriously wrong in a moral sense. For 12- and 13-year-olds, there is a presumption against imprisonment, and police and prosecutors must review charges to ensure sufficient evidence of criminal responsibility exists before proceeding.
A tiered diversion scheme is introduced to reduce formal contact with the criminal justice system by diverting young people into community-based programs rather than prosecution where appropriate.
The youth justice system must respect the cultural rights of Aboriginal children and young people, including their right to self-determination and connections to family, community, Country, and Elders. The Justice and Community Safety Secretary, the Families, Fairness and Housing Secretary, the Commissioner for Youth Justice, the Youth Parole Board, Victoria Police, and the courts must check if a child is Aboriginal before taking action regarding them. The Youth Parole Board must have Aboriginal representation when assessing Aboriginal children's cases.
The Justice and Community Safety Secretary must work with Aboriginal communities to improve justice outcomes by sharing data, setting targets, and moving resources to Aboriginal-controlled systems. Unauthorized sharing of protected information received from the Secretary is prohibited unless shared with a registered Aboriginal youth justice agency, with violations carrying a fine of 10 penalty units (2026: $2,091).
Solitary confinement is banned in youth detention. Additionally, criminal justice actors must use the minimum intervention necessary, and depriving a child of their liberty must be a last resort for the shortest time possible.
Courts cannot sentence a child to detention if they were under 14 at the time of the offence, except in specific cases. For young offenders who committed serious crimes (such as murder or manslaughter) while aged 16 or older, stricter parole conditions may apply.
A pilot program is introduced for the electronic monitoring of young people over 14 who are on bail, which is exempt from certain restrictions in surveillance device laws.
The Justice and Community Safety Secretary can only transfer a young offender out of Victoria to another state or territory if the offender or a parent applies, the Secretary decides it is appropriate, the offender has independent legal advice and consents, and there is no pending court appeal. Authorized escorts may maintain custody during these transfers, and young offenders who escape during transfer can be fined or jailed for up to 6 months.
The definition of a 'child' for youth justice purposes now includes people in youth justice custodial centres held because of mental impairment, unfitness to be tried, or under terrorism preventative detention laws. It excludes people in police gaols who were 18 or older when they committed at least one of the offences for which they are held.
For people held under terrorism preventative detention orders, the laws governing terrorism take priority over the Youth Justice Act 2024.
Working in youth justice custodial centres or probation services is now classified as child-related work, requiring staff to undergo worker screening and sex offender registration checks.
The Victorian Inspectorate can now oversee people in youth justice custodial centres who are in the legal custody of the Justice and Community Safety Secretary, and the Commissioner for Youth Justice may enter these centres to monitor mental health and wellbeing settings.
Spent childhood convictions cannot be used in court or legal proceedings when the person or body is acting to protect or provide therapy to a child, or performing law enforcement duties.