Read The Times Australia

Daily Bulletin

Victoria’s ‘adult time for violent crime’ reforms will not solve the youth crime problem

  • Written by: Kate Fitz-Gibbon, Professor (Practice), Faculty of Business and Economics, Monash University

The Victorian government has announced a new youth justice reform package. The package is punitive in its nature, focused around an “adult time for violent crime” measure for several offences. These include aggravated home invasion, intentionally or recklessly causing injury in circumstances of gross violence, carjacking and serious and repeat aggravated burglary and armed robbery.

Children aged 14 years and over charged with these offences may face an adult court, devoid of the protections of the children’s court system. They will also be subject to significantly longer periods of imprisonment, including life imprisonment for aggravated home invasion and aggravated carjacking.

Announcing the reforms, Premier Jacinta Allan stated:

That means courts will treat these children like adults, so jail is more likely, and sentences are longer.

The reforms come following significant pressure on the Allan government from the community and media to introduce more punitive responses to youth crime.

However, these reforms violate human rights obligations, contradict evidence-based research and are expensive. They will have long-term, devastating impacts for children and young people in conflict with the law.

A national trend towards punitive responses

The proposed Victorian reforms are the latest in a string of concerning punitive youth justice reforms introduced across Australia.

Described as “Queensland flavoured”, the proposed Victorian reforms adopt many of the punitive youth justice measures introduced in late 2024 by the Queensland LNP government. This legislation introduced “adult crime, adult time”, including mandatory life sentences for children convicted of murder. It also removed the long-standing principle that detention be used only as a last resort. In the process, it limited judicial discretion by abolishing restorative justice as a sentencing option.

In the Northern Territory, a move towards punitive responses is also evident. Earlier this year, the NT Youth Justice Act also removed the principle of detention as a last resort for young offenders. It also restricted bail for some offences and reinstated the use of spit hoods in youth detention.

These are ineffective and harmful solutions, for several reasons. Punitive reforms, including in Victoria, Queensland and Northern Territory, disproportionately affect Aboriginal and Torres Strait Islander children undermine rehabilitative justice principles and deliver limited benefits for community safety.

Breaching international obligations

While punitive recent youth justice reforms have been justified by politicians as responding to community safety needs, these reforms contravene the United Nations Convention on the Rights of the Child, to which Australia is a signatory, as well as domestic human rights legislation.

Article 37 of the convention explicitly states that the detention or imprisonment of a child should be used only as a measure of last resort and for the shortest appropriate period of time. The convention also mandates that sentencing must account for an offender’s young age and their need for rehabilitation and reintegration into society. The proposed Victorian reforms contravene each of these obligations.

The convention also requires that states prioritise alternative measures to detention. These include diversion programs, restorative justice initiatives, and community-based rehabilitation.

These principles reflect a global consensus that punitive approaches to youth offending are ineffective and harmful. Instead, justice responses should focus on education, support, rehabilitation, recovery and healing.

Yet recent youth justice announcements at the state and territory level have no meaningful investment in early intervention or substantive funding of rehabilitation programs for children in conflict with the law.

It won’t work. Here’s why

There’s no question some Victorians, like many other Australians, are feeling fearful after recent youth crimes. But punitive responses fail to deliver community safety, and overlook the importance of early intervention and prevention. It puts additional pressure on a youth justice system that is already failing.

Last year, former national children’s commissioner Anne Hollands concluded:

the justice system for children and young people is failing. It causes significant harm; it doesn’t work to protect the community; it makes re-offending more likely and it is incredibly expensive.

Research has consistently found that harsh sentencing laws do not deter youth crime. Instead, they can be counterproductive, often increasing the likelihood of re-offending by exposing young people to the prison system at an early age. It can also affect their connections to education, employment, and community supports.

The Australian Institute of Health and Welfare found 51% of children aged ten to 17 whose first sentence was detention returned to sentenced supervision before they were 18.

This highlights the problematic revolving door of the youth justice system. It criminalises young people while failing to address any of the underlying reasons they have resorted to criminal behaviours, including experiences of family violence, other forms of abuse and untreated trauma.

An opportunity for leadership

Last month, the federal government announced a renewed Senate inquiry into Australia’s youth justice and detention systems.

The inquiry will focus on – among other issues – the over-incarceration of First Nations children and young people, Australia’s compliance with human rights obligations, and the creation of national minimum standards for youth justice and detention systems. Importantly, it has stated a commitment to hearing directly from young people with experience of the youth justice system.

But we do not need to wait for the inquiry findings to know that a purely punitive response to youth crime is ineffective and costly.

Authors: Kate Fitz-Gibbon, Professor (Practice), Faculty of Business and Economics, Monash University

Read more https://theconversation.com/victorias-adult-time-for-violent-crime-reforms-will-not-solve-the-youth-crime-problem-269588

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

Small Acts, Big Impact: How Australians Can Give Back to Their Communities

There is a common belief that giving back requires either a lot of money or a lot of time. Big chequ...

The Lost Art of Saying Thank You and Why It Still Matters

Somewhere between the arrival of email and the rise of the reaction emoji, the humble thank you shra...

How Non-Competitive Sports Programs Benefit Early Childhood Development

Australia is known globally as a sporting nation, yet recent statistics paint a surprisingly differe...

The Hidden Health Impacts of Digital Screens on Developing Eyes

Modern Australian childhood is undeniably intertwined with technology. From educational tablets in p...

GRC Consulting and Cyber Security Consulting for Businesses

Businesses face risks such as ransomware attacks, data breaches, violations of regulatory standards ...

How to Set a Budget Before Bidding at Auction

Placing a bid at an online art auction is an exciting way to discover rare paintings, home content...

Does a Modern James Bond Exist?

Image Credit: MysteryShot What the Movies Get Right About Private Investigators There are a few mov...

How Australian Businesses Can Effectively Manage Tax Audits and Disputes

Managing a small business in Australia is inherently challenging, but recent shifts in regulatory ...

From Coastal Calm to Classic Comfort: The Right Carpet for Every Style of Home

Carpet is often chosen near the end of a room makeover, after the walls, furniture, and lighting h...