Yoorrook Justice Commission ‘disappointed’ over government response to recommendations

By Nicola Ceccato

Apr 7, 2024

Speaking out: Yoorrook Justice Commission chairwoman Professor Eleanor Bourke has spoken out on behalf of the commission on the Victorian Government’s response to its tabled Yoorrook for Justice second interim report. Photo by contributed

The Yoorrook Justice Commission has expressed its disappointment over the Victorian Government’s tabled response to the commission’s second interim report.

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The Yoorrook for Justice report was submitted to the government in September last year and included 46 recommendations on transforming Victoria’s child protection and criminal justice systems.

Last week, the government accepted 28 recommendations, either in principle or in full, with 15 other recommendations in consideration.

These 46 recommendations followed a year-long inquiry into the systemic injustices experienced by First Nations people within Victoria’s child protection and criminal justice systems.

The commission is the first form of truth-telling process in Australia and was established in 2021 by the Labor Government in partnership with the First Peoples’ Assembly of Victoria.

Chair of the Yoorrook Justice Commission, Professor Eleanor Bourke, said while agreement on these recommendations demonstrates the importance and effectiveness of truth-telling, more needs to be considered.

“Given the weight of evidence presented throughout the inquiry, which included deeply personal accounts from First Peoples witnesses of suffering which many continue to experience every day, commissioners are disappointed by the government’s decision not to support three recommendations,” Prof Bourke said.

“Recommendations regarding the Bail Act and the minimum age of criminal responsibility and detention are crucial given the alarming over-incarceration of First Peoples adults and children and ongoing deaths in custody.

“These recommendations were not made lightly; they go to the heart of addressing ongoing injustice against First Peoples.”

Prof Bourke said additional accountability hearings may be called later in the year during which the government must provide updates on recommendations and their implementation.

The First Peoples’ Assembly of Victoria has also voiced its concern over the government’s response and said it felt the government is not moving fast or hard enough ahead of treaty negotiations.

Assembly co-chair Ngarra Murray said while she was disappointed about the government’s “disrespect” shown to the community members who participated in the truth-telling process, the response showed a number of things to be hopeful about.

“We know there’s always going to be some disagreements, and there is a lot we can work with here, but it is frustrating that we’re coming up against the same old sticking points,” Ms Murray said.

“The justice system and child protection systems simply aren’t working for our families, and we need urgent reforms now.”

Assembly co-chair Rueben Berg said the assembly would be looking to hold the government accountable for its in-principle recommendations, which it has yet to commit to in treaty negotiations.

“With the next round of truth-telling recommendations, we’ll be wanting focused, evidence-based outcomes that we can really lock in, so there’s no wriggle room,” said Mr Berg.

The Yoorrook Justice Commission is currently in its next phase of truth-telling hearings, which focuses on the impact colonisation had on Aboriginal connection to land, skies and waters.