First Peoples’ elder demands rise in age of responsibility

The co-chair of the First Peoples’ Assembly of Victoria has implored the state government to urgently raise the age of criminal responsibility and has warned that Indigenous children “will not be used as bargaining chips” in a statewide Treaty negotiation process.

Ahead of her appearance on Tuesday at the Yoorrook Justice Commission’s truth-telling inquest, First Peoples’ Assembly co-chair Aunty Geraldine Atkinson has written an open letter to Victoria’s attorney general, Jaclyn Symes, insisting the government has “no excuses” for not immediately raising the age of criminal responsibility in the state from 10 years of age to at least 14.

In Victoria, Aboriginal people are about 14 times more likely to be imprisoned than non-Aboriginal people, according to data recorded in 2016-17, and Aboriginal children are about six times more likely to be jailed than non-Indigenous children. The First Peoples’ Assembly has provided a written submission to the commission on raising the age of minimum criminal responsibility, youth justice and child removal related issues.

In her letter Atkinson, a Bangerang-Wiradjuri elder, says the assembly has been waiting for a year for the government to respond to its call for immediate action.

“This time last year we wrote to the government and said this reform doesn’t need to wait and should not wait for formal Treaty negotiations to begin. I’m bitterly disappointed that there’s been no movement, so the government is now on notice,” she said.

“Our children will not be used as bargaining chips, this reform needs to happen and it needs to happen now. No more excuses, there’s already lots of support in the parliament, let’s get it done”.

The commission this week resumes its hearings examining the link between the child protection system and the criminal justice and youth justice systems. It will hear from about 30 witnesses representing Aboriginal community controlled organisations, including the First Peoples’ Assembly, the Victorian Aboriginal Legal Service, the Koorie Youth Council and several other legal rights organisations, including legal experts and practitioners, and child services organisations.

Witnesses last week told the commission how the child protection system often acted as a pipeline, moving Aboriginal children and young people into the criminal justice and youth justice systems. Several witnesses provided submissions and testimony strongly advocating for lifting the age of criminal responsibility from 10 to 14.

The calls came as the Standing Council of Attorneys-General (SCAG), which comprises attorney-generals from Australia’s federal, state and territory governments as well as New Zealand, met last Friday to discuss best practices in law reform. The meeting, chaired by federal Attorney-General Mark Dreyfus, identified the need for young offenders to be provided with adequate supports and services before it could recommend raising the age of criminal responsibility.