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Risking the rights of Victorian children

Statement

13 November 2025

The rights of children to specific safeguards in our laws, because of their stage of development and maturity, is fundamental to our legal system.  Yesterday’s announcement by the Government of a proposed new law “adult time for violent crime” risks children aged between 14 and 17 years old, who are charged with certain serious criminal offences, being dealt with by the justice system as if they were an adult.  Rather than having cases heard in the Children’s Court before specialist Magistrates, many children would have their cases heard as though they were adults and face adult sentences, exposing them to increased terms of imprisonment from 3 years to up to 25 years. 

We know there are community concerns about crimes perpetrated by children and young people.  Everyone in Victoria has the right to feel safe in their community and their homes.   

We didn’t get here overnight.  Preventing children from committing crime is complex requiring long term action to address underlying problems of poverty, trauma and injustice.  Children who commit crimes often have a disability, are the victims of crime themselves or have been in the child protection system. 

Any changes to our youth justice system requires a careful balance of rights – the right to safety and security of the community with the rights of children under the Charter of Human Rights to be treated in a manner that is in their best interests.  That balancing exercise should involve consideration of the age of the child and their evolving capacities, and only limit the rights of our children where there is strong justification and no less restrictive means available.   

We are highly concerned that the government’s announcement risks children facing increasingly long prison sentences rather than focusing on rehabilitation and community connection.  We recommend that government undertakes consultation with experts and communities to get the right balance and find systemic solutions.  These are matters we will continue to press with government to ensure our Charter of Human Rights is at the heart of Victorian decision making.

For enquiries call 1300 292 153 

Email: enquiries@veohrc.vic.gov.au 

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Address
Melbourne Victoria 3000

General enquiries
enquiries@veohrc.vic.gov.au

Enquiry line
1300 292 153 or (03) 9032 3583

Interpreters
1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
1300 292 153

The Victorian Equal Opportunity and Human Rights Commission acknowledges that we work on the traditional lands of the Wurundjeri people of the Kulin Nation. We also work remotely and serve communities on the lands of other Traditional Custodians.

We pay our respects to their Elders past and present.

The Victorian Equal Opportunity and Human Rights Commission recognises the injustice resulting from the colonial invasion and occupation of First Peoples’ territories and the Yoorrook Justice Commission’s findings of genocide, crimes against humanity and denial of freedoms.