Aboriginal communities in Victoria deserve better. That is why Victoria has been walking the path to Truth and Treaty. The path is not easy and requires the full commitment of government.

Since its establishment, the Yoorrook Justice Commission has heard clear and ample evidence that Aboriginal self-determination is the way forward for our communities.

Yet the Victorian Government’s Yoorrook Implementation Progress Report revealed that the Victorian Government has made barely any headway in progressing Aboriginal self-determination.

After more than 12 months since the Yoorrook for Justice Report, less than 15% of recommendations are fully supported by the Victorian Government. This is incredibly disappointing.

There have been at least 3 Aboriginal deaths in custody in Victoria since Yoorrook’s Justice Report was published. This is the cost of government inaction for our people, our families and our communities. We will continue to pay this price if the Victorian Government continues to drag its feet.

Instead of implementing the Commission’s practical and meaningful recommendations, which were informed by the advice of many Aboriginal communities, individuals and organisations, the Victorian Government points to pre-existing working groups and projects as evidence that they have committed to Aboriginal self-determination.

Business as usual doesn’t fulfil the intention of Yoorook’s recommendations, nor is it reflective of Aboriginal self-determination.

The Yoorrook for Justice Report’s first recommendation was a self-determined child protection system, including the transferring of decision-making power, authority, control and resources to Aboriginal communities. This recommendation is still ‘under consideration’ by the Government, their update focuses on   the introduction of the Statement of Recognition into the Children, Youth and Families Act and some Aboriginal Children in Aboriginal Care (ACAC) providers taking on child protection investigations.

The current child protection system is broken, it continues to harm our children, young people and families. The Statement of Recognition is meaningless if it isn’t accompanied for substantive reform across the journey of child protection that is informed by all voices not just a chosen few.

Through the Yoorrook Justice Commission, the government signalled its intent to address the historical and contemporary injustices that have led to the removal of Aboriginal children from their families and communities. The report addressed some of the ongoing harms, including the permanent removal of children that has occurred following permanency amendments which were introduced to the Act in 2014. This is something that VALS was consulting with government, alongside Djirra, VACCA and VLA in good faith, but there has been deafening silence over the past 18 months regarding permanency, let alone progressing the other recommendations by Yoorrook. This is not good enough for our children – they deserve better. This is why we are working with Djirra and other ACCOs and legal sector representatives on developing an inclusive First Peoples-led and determined approach for the safety, wellbeing and protection of First Peoples children and young people – because administering colonial systems is not in the best interests of Aboriginal families.

The Victorian Government chose to remain silent about their changed position to raise the age of criminal responsibility to 14, an urgent recommendation by Yoorrook and a key component of the recently passed Youth Justice Act. It’s concerning that a Government that claims it is committed to Aboriginal self-determination cannot even defend its own position on such a critical issue.

People who are incarcerated deserve access to contact with their family and loved ones, without the barrier of exorbitantly priced phone calls. The Victorian Government’s claim to have made progress on this recommendation by subsidising prison phone calls in a short-term agreement is not enough.

All people in prison and youth justice centres should be able to make calls for free or at no greater cost than the general community. Prison is already an extremely isolating and traumatic environment, and the Victorian Government’s lack of progress in this area is a continuation of discrimination which causes further disconnection and harm.

The Government’s claim to be making progress on the use of solitary confinement in Victorian prisons is a mockery. While the Youth Justice Act prohibits the use of solitary confinement, there are still significant exclusions around isolation that allow for young people to go prolonged periods in isolation – equivalent in impact to solitary confinement anyway. Yoorrook recommended to change practices around isolation – not definitions.

Many last-minute changes have been made recently without any consultation with the Aboriginal Justice Caucus and ACCOs such as VALS, resulting in some policy changes that will adversely affect our Communities. The Allan Labor Government must pull their socks up and do more to progress the recommendations put forward by the Yoorrook Commission.

Quotes Attributable to Nerita Waight, CEO of the Victorian Aboriginal Legal Service:

“After a year, less than 15% of recommendations from the Yoorrook for Justice Report are fully supported by the Victorian Government. How much longer will they spend considering rather than actually doing?”

“We’ve seen recommendations from the Royal Commission into Aboriginal Deaths in Custody report and Bringing Them Home report go unaddressed for decades. Many of our people have died from that inaction. Yoorrook’s Justice Report cannot be allowed to become another example of governments ignoring the solutions we want for our people.”

“Our people remain overpoliced, overincarcerated and dying in custody. There has been at least 3 Aboriginal deaths in custody in Victoria since the Yoorrook Justice Report was published. This is the ultimate price our people pay for government inaction.”

“The Yoorrook Justice Commission have clearly spelt out what self-determination means, but from this response it seems like the Victorian Government is still struggling to understand the concept.”

“As a Government that claims to be committed to working with Aboriginal communities and ACCOs, there have been significant last-minute changes to the Youth Justice Act recently that were made without our consultation. To turn around and claim that they are working towards implementing Yoorrook’s recommendations feels incredibly disingenuous.”

“With Treaty negotiations beginning, we hope to see a change in attitude from the Victorian Government to one that prioritises meaningful change and a commitment to listening to what we have to say.”