Status in progress
Domain
2. Fewer Aboriginal people in the criminal justice system
Goal
2.1 Aboriginal people are not disproportionately worse off under policies and legislation
Outcome
2.1.1 Disproportionate impacts are identified and remedied when drafting policies and legislation
Status
In progress
Agency
Justice Policy and Data Reform, Department of Justice and Community Safety

Where we are up to;

Aboriginal Justice Caucus' vision for an end-to-end community-controlled youth justice system has informed their contribution to the development of the new Youth Justice Act. The first stage of the project focused on the pre-sentencing and sentencing aspects of the youth justice system. Caucus proposals were developed through the Aboriginal Youth Justice Act Working Group, with technical support provided by the Human Rights Law Centre. Caucus’ proposals were outlined in their submission Equality and Justice for our Kids (2019).

Stage two of the project focused on the management and supervision of sentenced children and young people, as well as further diversionary measures. Consultation sessions for stage two were conducted in late 2020. The Working Group participated in six online workshops with support from the RMIT Centre for Innovative Justice. Caucus’ proposals were outlined in the part two of their submission Equality and Justice for our Kids: phase 2 (2020).

The Department of Justice and Community Safety (DJCS) met with members of the Working Group to outline the final policy landings endorsed by Cabinet for stage two of the project. Parliamentary Counsel is preparing a draft of the Bill.

In addition, a process commenced with a sub-group of the Working Group to test specific draft provisions to ensure:

  • they give effect to the Cabinet-endorsed policy intent
  • are user-friendly
  • do not create unintended consequences.

This process, which will continue as further draft provisions become available, is occurring with technical legal support for the Working Group from the RMIT Centre for Innovative Justice.

Planning has commenced to support implementation of the new legislation. DJCS intends to engage with Caucus and other stakeholders on more detailed co-design to support service delivery once the Bill has passed Parliament and there is more funding certainty.