“It is really important that when we look at ‘how do we address the challenges that children and young people are facing’…we listen to them.” Listening to the Voices of Our Future: A Path to Transforming Indigenous Justice Outcomes
Meena Singh, the Commissioner for Aboriginal Children and Young People in Victoria, emphasizes the importance of giving children a voice. Her role revolves around ensuring that the perspectives of young people are not only heard but are also central to policy and decision-making processes.
When Victoria raised the age of criminal liability to 12 years, many commentators were quick to criticize. Often, these opinions are supported by quotes from other commentators, police, and politicians, who oppose measures aimed at preventing the incarceration of children. According to Ms. Singh, the voices that should be heard are those of the children themselves, or at least those advocating on their behalf.
“We often see children and young people left out of the conversation themselves,” Commissioner Singh said. “In Victoria, we have lots of people talking about children and young people, but not to children and young people, about what should be done to make sure that they’re not offending.”
Across Australia, the situation is dire, with children as young as ten years old being held in custody. Despite some goodwill, many governments continue to discount First Nations voices.
In New South Wales, the government enacted new bail laws despite opposition from Indigenous legal and human rights groups, acknowledging that these laws would result in more children being imprisoned. The NSW/ACT Aboriginal Legal Service called this a “betrayal” of children.
In Queensland, the Human Rights Act was suspended twice in 2023 to allow for harsher penalties for bail breaches and for children to be held in adult watch houses. The Queensland government also removed the principle of detention as a last resort, directly contravening the findings of the Royal Commission into Aboriginal Deaths in Custody and the United Nations Convention on the Rights of the Child, which Australia has signed and ratified.
In all these decisions, the voices of children and their advocates were ignored.
The struggle to improve Indigenous outcomes is significant, both in implementation and maintenance. Commissioner Singh highlights the Yoorrook Justice Commission’s interim report, which called for a range of measures, including a stand-alone First Nations child protection system. Despite hearing from numerous experts and lived-experience testimonies, including those from the Stolen Generations, the Victorian government did not adopt these recommendations, leaving many feeling their contributions were invalidated.
“People are absolutely exhausted about numerous reports that Aboriginal people invest in and Aboriginal put their time and energy into, to make sure the tour of the story is told only to have recommendations not be taken up,” Commissioner Singh said. She argues that the recommendations are not radical and that there is a need for action.
Commissioner Singh will be among many experts speaking at the Transforming Indigenous Justice Outcomes conference, a two-day event focusing on comprehensive approaches to breaking the cycle of incarceration. Taking place on Gadigal Country, the event is unique in that the majority of speakers are First Nations, sharing their lived experiences and insights on self-determination.
With a focus on storytelling, reflection, and connection, the conference aims to elevate the voices of First Nations people who are rarely given a platform in Australia. They will address a wide range of topics, all with the common goal of tackling the root causes of interactions with the criminal justice system and highlighting successful community-driven alternatives to detention.
Commissioner Singh’s discussion will bring perspective and understanding to the space. “Really understanding that a lot of the kids who are involved or become involved with the criminal legal system, the kids that maybe haven’t been brought up with the opportunities that so many people take for granted,” she said.
Events like this are vital, but they shouldn’t be considered exceptional. Too often, forums that claim to be transformative lack Indigenous voices and fail to properly advocate for the rights of the most disadvantaged.
The Transforming Indigenous Justice Outcomes conference aims to change this by centring the voices of those who are often unheard. Commissioner Singh asks, “How do we re-humanise children and young people in these discussions? Language, particularly in the media, demonises these children and puts up stereotypes around them. How do we bring diversity to their stories, and make sure we’ve got the responses that add to their needs?”
The Transformative Indigenous Justice Outcomes event will take place from September 11-12 on Gadigal Country in Sydney, with an online option also available.
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