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62
Reduce rates of involvement in welfare and youth justice systems
That governments and Aboriginal organisations recognise that the problems affecting Aboriginal juveniles are so widespread and have such potentially disastrous repercussions for the future that there is an urgent need for governments and Aboriginal organisations to negotiate together to devise strategies designed to reduce the rate at which Aboriginal juveniles are involved in the welfare and criminal justice systems and, in particular, to reduce the rate at which Aboriginal juveniles are separated from their families and communities, whether by being declared to be in need of care, detained, imprisoned or otherwise.
Aboriginal Justice Caucus Assessment
The intent of Recommendation 62 was that governments urgently work with Aboriginal organisations on strategies to reduce rates at which Aboriginal young people are involved in child protection and youth justice systems. Several strategies have been implemented in Victoria to reduce the rates at which Aboriginal children and young people are separated from their families and communities, including:
- Successive Aboriginal Justice Agreements (2000-present) have had a strong focus on prevention, early intervention and diversion for Aboriginal children and young people.
- Victorian Aboriginal Affairs Framework (VAAF) 2018-2025 commitments to closing the gap in rates of Aboriginal and non-Aboriginal young people under youth justice Supervision.
- Roadmap for Reform: strong families, safe children includes principles to ensure Aboriginal self-determination in decision-making and care for Aboriginal children and families.
- Wungurilwil Gapgapduir – Aboriginal Children and Families Agreement (2018)
- Framework to reduce criminalisation of young people in residential care (2020)
- Wirkara Kulpa – Aboriginal Youth Justice Strategy 2022-2032
Despite these efforts, there is little evidence of the desired impacts across the child protection system. The numbers of Aboriginal children in the child protection system have continued to increase. Victoria’s rate of Aboriginal children in out of home care is the worst in the country. Yoorrook for Justice found that in June 2022 there were 2,595 Aboriginal children and young people in out of home care in Victoria. This was an increase from 1,673 in June 2013. The Productivity Commission’s Report on Government Services showed that in 2024-25 there were 3,047 Aboriginal children in out of home care in Victoria, a rate of over 95 children per thousand, indicating that almost 10 per cent of the population of Aboriginal children aged up to 17 are in out of home care.
Yoorrook also noted that 83 percent of Aboriginal children were reunified with their parents or family when case managed by an Aboriginal Community Controlled Organisation (ACCO) under a section 18 authorisation compared to 64 percent when case managed by the Department of Families, Fairness and Housing (DFFH) Child Protection. Although this shows that Aboriginal children fare better when engaged with culturally safe services, there is still room for improvement, with several Caucus members raising concerns about the supports available to young people in out of home care.
Services were supposed to be looking after a young person. Under Section 18 there was funding there to support that young one, but they weren’t supported and committed suicide. (Marion Hansen, Co-chair, Aboriginal Justice Caucus (AJC) and Chairperson, Southern Metropolitan Regional Aboriginal Justice Advisory Committee (RAJAC))
There have been more significant reductions in the number and rates of Aboriginal children and young people involved in the youth justice system, but these improvements are very sensitive to politically motivated policy and legal changes affecting our most vulnerable young people.
The AJA4 milestone to reduce the number of Aboriginal young people (aged 10 to 17) under youth justice supervision on an average day by at least 43 between 2018 and 2023 was achieved and exceeded. On an average day in 2023–24, in Victoria there were 48 Aboriginal children and young people under youth justice supervision, 38 under community-based supervision and 10 in detention. Victoria has one of the lowest rates of 10- to 17-year-old Aboriginal children and young people under Youth Justice supervision in Australia. Against the backdrop of an ever-increasing number of Aboriginal young people involved with Child Protection makes the reduction even more significant. However, we are concerned recent ‘tough on crime’ bail law amendments will lead to more Aboriginal children being remanded, thus, derailing these efforts.
Considering that 64 percent of Aboriginal young people subject to youth justice supervision have also had child protection involvement, it is essential that Child Protection supports children to avoid contact with the criminal legal system and provides support to children when early contact does occur to reduce the chances of repeat contact into adulthood.
Most kids go through Child Protection, end up in YJ, and then end up in the big house. It's so sad. That's why we've really got to look at doing something about the way the Department is funding programs and organisations that are supposed to be looking after our kids. (Marion Hansen, Co-chairperson, AJC)
To improve current strategies, we call for the Victorian Government to ensure Aboriginal decision-making on matters that affect us. A partnership strategy between Aboriginal community and government is not enough when government are the ultimate decision-makers on all policies and programs relating to Aboriginal people.
The government talk about self-determination, but when are these people going to stop interfering in our business? When are they going to listen to us? (Jemmes Handy, Chairperson, Loddon Mallee RAJAC)
To give full effect to self-determination in both the Child Protection and Youth Justice systems, there need to be Aboriginal community-controlled systems. This requires moving beyond delegating authority to Aboriginal organisations for administration of parts of the existing systems where Aboriginal people are involved, to transforming them so that all aspects reflect Aboriginal cultural protocols, principles, ethics and standards.
We’re the experts. When it comes to our young kids, get them out bush, get our people involved, instead of shoving them in the jails and taking them away from their families. (Jemmes Handy, Chairperson, Loddon Mallee RAJAC)
It is imperative that representatives of our Aboriginal communities are included in decision-making regarding Aboriginal children.
The government needs to start listening to us on issues around Youth Justice and Child Protection. We're independent, we're elected by our communities to sit around that table and make these decisions. (Marion Hansen, Co-chairperson, AJC and Chairperson, Southern Metropolitan RAJAC)
Overall, this recommendation remains highly relevant and is therefore a high priority for further work.
Priority for Further Work:
High
Relevance and potential impact | |||||
|---|---|---|---|---|---|
Low (0-2) | Moderate (3-4) | High (5-6) | |||
Extent of action taken and evidence of outcomes | High (5-6) | ||||
Moderate (3-4) | |||||
Low (0-2) | |||||
Potential Actions for Further Work
Transformative change of the child protection system
The Victorian Government must:
a) transfer decision-making power, authority, control and resources to Aboriginal people, giving full effect to self-determination in the Victorian child protection system. Transferring or creating decision-making power includes but is not limited to:
i) system design
ii) obtaining and allocating resources
iii) powers of, and appointments to bodies or institutions, and
iv) accountability and oversight functions including new First Peoples led bodies, oversight processes or complaints pathways
b) negotiate this through the Treaty process including through potential interim agreements
c) in doing so, go beyond the transfer of existing powers and functions under the Children, Youth and Families Act 2005 (Vic), which will require new, dedicated legislation, developed by Aboriginal people, for the safety, wellbeing and protection of Aboriginal children and young people, and
d) recognising the urgent need for immediate reform and without delay, take all necessary steps to begin and diligently progress the establishment of a dedicated child protection system for Aboriginal children and young people supported by stand-alone legislation based on the right of Aboriginal people to self-determination and underpinned by human and cultural rights to be developed by the First Peoples’ Assembly of Victoria which must be sufficiently resourced by government for this purpose.
(Yoorrook for Justice, Recommendation 1)
Self-determined criminal justice system
The Victorian Government must give full effect to the right of Aboriginal peoples to self-determination in the Victorian criminal justice system as it relates to Aboriginal peoples. This includes negotiating through the Treaty process, including through potential interim agreements, the transfer of decision-making power, authority, control and resources in that system to First Peoples. Transferring or creating decision-making power includes but is not limited to:
a) system design
b) obtaining and allocating resources
c) powers of, and appointments to bodies or institutions, and
d) accountability and oversight functions including new Aboriginal-led oversight processes or complaints pathways.
(Yoorrook for Justice, Recommendation 2)
Membership to the Aboriginal Children’s Forum
That the Department of Families, Fairness and Housing (DFFH) and the Aboriginal Children’s Forum (ACF) provide the Aboriginal Justice Caucus with membership to the ACF.
Background
The Royal Commission into Aboriginal Deaths in Custody (RCIADIC) highlighted the need for collaboration between governments and Aboriginal organisations to address the challenges faced by Aboriginal young people in the criminal justice and welfare systems. The report noted there was disproportionately high representation of Aboriginal young people in custody and emphasised the importance of negotiating strategies to address these issues comprehensively. Crucially, efforts needed to curtail the separation of Aboriginal children and young people from their families and communities, through care declarations, detention, imprisonment, or other means.
Actions Taken Since Last Review
The Department of Justice and Community Safety (DJCS) and Department of Families, Fairness and Housing (DFFH) were consulted on this recommendation. Their responses are below.
Youth Justice
Since 2018, significant work has occurred in partnership with the Aboriginal Justice Caucus and Youth Collaborative Working Group under the umbrella of Burra Lotjpa Dunguludja – Aboriginal Justice Agreement 4 (AJA4). This includes:
Aboriginal Youth Justice Program
DJCS continues to fund and expand the Aboriginal Youth Justice Program (formerly the Koori Youth Justice Program) which was established in 1992. It provides statewide support and culturally appropriate services to Aboriginal children and young people who may be at risk of entering, or re-entering, the justice system, and is delivered through 15 funded agencies across Victoria. Under its banner are a suite of early intervention, prevention, and diversion supports, including the Community-Based Aboriginal Youth Justice Program, the Aboriginal Early School Leavers Program, and the Aboriginal Intensive Support Program.
Since the launch of the Aboriginal Youth Justice Program, the number of Aboriginal children and young people under Youth Justice supervision on an average day has decreased. In 2022-23, the number of Aboriginal children and young people under Youth Justice supervision on an average day was 43.9, which had decreased significantly from 131.3 in 2015-16.
Youth Diversion
Youth Justice oversees and delivers a broad suite of programs intended to prevent entry into, and divert children and young people away from, the criminal justice system and thereby reduce over-representation. In April 2022, the Victorian Government launched the Youth Diversion Statement. It outlines commitments to diversion, prevention and early intervention that are embedded throughout all services and programs within Youth Justice.
Department of Families, Fairness and Housing
DFFH recognises that the best outcomes are achieved when Aboriginal people lead on the design and delivery of policies and programs for Aboriginal children and families. Aboriginal-led and self-determined approaches are a key mechanism for addressing overrepresentation.
That is why a significant investment has been made, including a record investment of $140 million through the 2023-24 State Budget, to continue to progress Aboriginal-led and self-determined approaches for Aboriginal children and families. Since the last updates provided in 2005 and 2018, there have been further changes to the Aboriginal Child Specialist Advice and Support Service (ACSASS) and Aboriginal Family-led Decision Making (AFLDM) programs:
- The number of ACSASS providers across the state has grown, with this service now delivered by the Victorian Aboriginal Child and Community Agency (VACCA); Mallee District Aboriginal Services (MDAS); Bendigo & District Aboriginal Co-operative (BDAC), and the Rumbalara Aboriginal Co-operative.
- The AFLDM program is also no longer a pilot and is embedded into practice with 23 AFLDM co-convenors across the state to provide this service to Aboriginal children and families.
The transfer of decision-making power for Aboriginal children involved with Child Protection continues to grow through the Aboriginal Children in Aboriginal Care (ACAC) program and Community Protecting Boorais pilot:
- Section 18 of the Children, Youth and Families Act 2005 (Vic) (CYFA) enables the Secretary to authorise Aboriginal Community Controlled Organisations (ACCOs) to undertake specific functions/powers and assume responsibility for Aboriginal children and their siblings subject to Children’s Court protection orders. This program is known as the ACAC program.
- The Statement of Recognition Act (Vic) came into effect on 1 July 2024, expanding Section 18 of the CYFA to include child protection investigations, which is known as the Community Protecting Boorais pilot.
The number of Aboriginal children in care supported by ACCOs increased from 14 percent in 2014 to 46 percent in April 2025. Victoria has the highest rate in the nation of placing Aboriginal children with relatives/kin, an Aboriginal carer or in Aboriginal residential care. This figure was 73.3 percent as of June 2024. These Aboriginal-led programs better connect Aboriginal children in care to culture and strengthen outcomes for Aboriginal children and families – reducing the rates of Aboriginal children involved in the child protection system.
The department is continuing to undertake significant reform work, in collaboration with the Aboriginal Children’s Forum, to improve outcomes for Aboriginal children and families and to support Aboriginal-led and self-determined approaches. This includes through:
- Implementation of the Statement of Recognition Act since July 2024, which includes binding principles required to be considered by decision-makers and legislation of all 5 elements of the Aboriginal Child Placement Principle.
- Implementation of the refreshed Wungurilwil Gapgapduir Strategic Action Plan to advance Aboriginal-led child and family services.
- Expanding the Community Protecting Boorais pilot, which enables authorised ACCOs to undertake child protection investigations.
- Increasing and formalising the ACCO caucus leadership role in setting the agenda for the Aboriginal Children’s Forum.
- Expanding Aboriginal-led earlier intervention services, including the Aboriginal Family Preservation and Reunification Response – which was funded to support over 200 more families in 2024-25.
Impact
Outputs
Youth Justice
Statistics about children and young people involved with the Youth Justice system are reported by the Australian Institute of Health and Welfare (AIHW) in Youth Justice in Australia, the Productivity Commission Report on Government Services, Closing the Gap outcomes, Budget Paper 3 performance measures, and Aboriginal Justice Forum updates.
Youth Justice noted the following relevant data outputs in 2024:
- In 2022-23, Aboriginal children and young people aged 10 to 17 were 10 times more likely to be under Youth Justice supervision, reduced from 12 times more likely in 2016-17.
- The AJA4 milestone to reduce the number of Aboriginal young people (aged 10 to 17) under Youth Justice supervision on an average day by 43 (a target of 89 children and young people on an average day by 2023) was achieved and significantly exceeded.
- Victoria is on track to meet the national Closing the Gap target to reduce the rate of Aboriginal young people (aged 10 to 17 years) in detention by at least 30 per cent by 2031.
- Victoria has one of the lowest rates of 10- to 17-year-old Aboriginal children and young people under Youth Justice supervision in Australia.
- More work must be done to end overrepresentation and deliver on Wirkara Kulpa’s vision.
Department of Families, Fairness and Housing
DFFH is working towards these outcomes for the ACAC and Community Protecting Boorais programs:
- Expanding the ACAC program to an additional 774 children by June 2027, and through providing time-limited support for ACCOs to uplift existing ACAC programs by way of workforce and training support over four years.
- Increasing the Community Protecting Boorais program to enable 348 Aboriginal children having their reports to child protection investigated by an authorised ACCO annually by 2026-27.
Outcomes
Aboriginal Justice Caucus, Submission to the Yoorrook Justice Commission
The AJC wrote to Yoorrook about issues relating to Aboriginal children in out-of-home care and involved with the youth justice system.
Criminalisation of children involved with child protection
Aboriginal young people that have early contact with the criminal legal system as a witness, victim or alleged offender have a significantly increased chance of repeated contact into adulthood. Relevantly, Arie Frieberg, the chair of the Sentencing Advisory Council told the Inquiry into Victoria’s Criminal Justice System:
The kids who come in early, are the ones who have gone through child protection, out-of-home care, they’re the ones who are really and truly damaged and we’ve not been able to intervene effectively with them, and the justice system is not a great place to deal with them.
The AJC calls for the child protection system to support children to avoid contact with the criminal legal system and to provide support for children when early contact occurs.
Criminalisation in residential care
The AJC is concerned about incidents where residential care staff call police over relatively minor issues involving an Aboriginal young person in care. The AJC advocates for additional training for residential care staff on de-escalation techniques and cultural awareness training to address systemic racism and unconscious bias and curb the overreliance on police to discipline young people. In addition, the AJC calls for greater compliance with the Framework to Reduce Criminalisation of Young People in Residential Care.
Australian Institute of Health and Welfare, Youth justice in Australia 2023–24
On an average day in 2023–24, in Victoria:
- Aboriginal young people made up 2.1 percent of those aged 10–17 in the general population, but 18 per cent (47 young people) of those of the same age under youth justice supervision.
- A similar proportion of Aboriginal young people aged 10–17 was under community-based supervision (17 percent, 38 young people) and in detention (19 percent, 10 young people).
- Aboriginal young people aged 10–17 were 10 times as likely as non-Aboriginal young people to be under supervision (34 per 10,000 compared with 3.4 per 10,000)
- Aboriginal over-representation was similar in community-based supervision (9.8 times the non-Aboriginal rate) and in detention (11 times the non-Aboriginal rate).
Community Views
Our Youth, Our Way
The inquiry spoke to Aboriginal young people who spent most of their childhood entangled in both the child protection and youth justice systems.
I was in the DHHS system for 18 years straight. I went from town to town, and suburb to suburb. I went to 6 different schools. I spent time with family for about 4 months. I went through 11 different units, through foster care, to resi and back again, and it didn’t change. I just kept going back… From 13 to 19, I’ve been in [youth justice custody] about 10 times. The longest time I got sentenced was 2 years. It was pretty easy because I knew the system. – Malkar
First time I could get charged, I was 11 years old. Punched a hole in the wall in resi. I was first in resi from age 8 or 9. They would call the police when I was younger, but they were building it up. They ‘back-charged’ me when I turned 11 – 44 charges at least. That’s the first time I ever went to court. They couldn’t send me to custody cos I was too young. They just put me on good behaviour bonds. Once I got to like 12, they put me on probations and stuff like that. I been in and out of the system for ages. – Frazer, 17
The first time I got in trouble, I got released because I was very young. The second time was worse. I kept absconding from resi to go to mum’s, but they couldn’t find me, so they had to put me in the cells. – Aaron, 16