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| Victorian Royal Commission into the Protection and Detention of Children in Custody | |
|---|---|
| Name | Victorian Royal Commission into the Protection and Detention of Children in Custody |
| Type | Royal commission |
| Jurisdiction | Victoria (Australia) |
| Established | 2009 |
| Commissioners | Jennifer Coate, Margaret White |
| Reported | 2010 |
| Outcome | Report and recommendations on juvenile detention, child protection, culturally appropriate services |
Victorian Royal Commission into the Protection and Detention of Children in Custody was a judicial inquiry established to examine systemic failures in the treatment of children in detention and child protection contexts in Victoria (Australia), arising from high-profile incidents and advocacy by civil society and legal actors. The commission investigated institutional practices across custodial sites such as Parkville Youth Justice Precinct, assessed legal frameworks like the Children, Youth and Families Act 2005 (Victoria), and engaged with stakeholders including Victoria Police, the Victorian Ombudsman, indigenous organisations such as the Victorian Aboriginal Legal Service, and human rights bodies like the Australian Human Rights Commission.
The commission followed public concern after critical incidents involving detainees at institutions including Parkville Youth Justice Precinct, Banksia-era facilities, and deaths in custody tied to debates involving Royal Commission into Aboriginal Deaths in Custody precedents, prompting action by the Parliament of Victoria and the Premier of Victoria. Political pressure came from opposition figures in the Labor Party (Victorian Branch), advocacy by organisations such as the Youth Affairs Council of Victoria and legal interventions from the Victorian Bar Council, while media outlets including the Herald Sun and the Age (Melbourne) amplified cases originally litigated in courts like the Supreme Court of Victoria and reviewed by the Victorian Civil and Administrative Tribunal. The commission’s creation mirrored processes used in inquiries such as the Fitzgerald Inquiry and the Royal Commission into Institutional Responses to Child Sexual Abuse.
The terms of reference directed the commissioners to examine compliance with statutes including the Children, Youth and Families Act 2005 (Victoria) and international instruments referenced by the United Nations Committee on the Rights of the Child, and to assess operations of agencies such as the Department of Human Services (Victoria), the Department of Justice and Regulation (Victoria), and youth custodial centres like Malmsbury Youth Justice Centre. The scope encompassed Aboriginal and Torres Strait Islander children represented by organisations like the Victorian Aboriginal Child Care Agency (VACCA), mental health interfaces with providers including Beyond Blue and clinical services tied to the Royal Children's Hospital (Melbourne), and scrutiny of oversight by bodies including the Children's Court of Victoria and the Victorian Ombudsman.
Evidence was compiled from witnesses drawn from institutions such as the Youth Parole Board (Victoria), legal representatives from groups like the Human Rights Law Centre, and frontline staff from unions including the Public Service Association of Victoria. Submissions arrived from civil society actors including the Australian Lawyers Alliance, repeat litigants before the Family Court of Australia and the Federal Court of Australia, as well as testimonials from indigenous advocacy groups like the Koorie Heritage Trust and health services such as Berry Street (charity). The commission reviewed case law from the High Court of Australia, operational policies from the Department of Education and Training (Victoria), and comparative models from inquiries like the Commission of Inquiry into Certain Events at the Prison of Saint-Maurice and reports from the United Nations Committee Against Torture.
The commission concluded that failures spanned custodial practice, interagency coordination, and cultural safety, citing inadequate oversight involving the Victorian Ombudsman and breaches of standards echoed in recommendations from the Royal Commission into Institutional Responses to Child Sexual Abuse. It identified systemic risks in mental health responses related to advice from the Royal Australian and New Zealand College of Psychiatrists and shortfalls in legal representation compared to standards advocated by the Law Council of Australia. The report highlighted disproportionate detention rates for Aboriginal children documented by the Australian Institute of Health and Welfare and echoed concerns from the Australian Human Rights Commission about compliance with the Convention on the Rights of the Child.
Recommendations targeted statutory reform to the Children, Youth and Families Act 2005 (Victoria), expanded oversight by bodies such as the Victorian Ombudsman and the Victorian Law Reform Commission, and service redesign involving agencies like the Department of Health and Human Services (Victoria). Proposals included diversionary programs modelled on initiatives from the Magistrates' Court of Victoria and community-based services run by organisations such as Jesuit Social Services and Mission Australia. The commission called for culturally specific solutions in partnership with Aboriginal Community Controlled Health Organisations and training aligned with frameworks from the Australian Psychological Society and protocols used by the National Aboriginal Community Controlled Health Organisation.
The Parliament of Victoria and the Premier of Victoria announced staged implementation of reforms, engaging ministers from portfolios such as the Minister for Families and Children (Victoria) and the Attorney-General of Victoria. Legal groups including the Victorian Bar and advocacy entities like the Aboriginal Legal Service (Victoria and Tasmania) responded with policy proposals, while media coverage by outlets such as the ABC (Australian Broadcasting Corporation) and the Financial Review framed public debate. Opposition parties including the Liberal Party of Australia (Victorian Division) and community stakeholders pressed for rapid enactment, prompting reviews by statutory bodies like the Victorian Law Reform Commission.
Long-term impacts included legislative amendments influenced by the commission's recommendations affecting institutions like the Children's Court of Victoria and operational change within the Department of Justice and Regulation (Victoria), incorporation of cultural safety practices championed by Victorian Aboriginal Community Controlled Organisations, and strengthened oversight mechanisms resembling reforms from the Royal Commission into Family Violence. Academia and policy research from universities such as the University of Melbourne and the Monash University informed evaluations of implementation, while community organisations like UnitingVic.Tas and the Victorian Council of Social Service tracked outcomes. The commission's work contributed to national dialogues involving the Council of Australian Governments and influenced subsequent inquiries connecting juvenile justice to broader human rights frameworks such as those articulated by the United Nations High Commissioner for Human Rights.
Category:Royal commissions in Victoria (Australia)