Victorian Current Acts

YOUTH JUSTICE ACT 2024 - SECT 24

    (1)     In addition to the other guiding youth justice principles, the right of Aboriginal persons to self­determination must be respected and upheld by—

        (a)     positioning and empowering Aboriginal persons to design, develop and implement policies, initiatives and strategies that will lead to an Aboriginal-led youth justice system in relation to Aboriginal children and young persons; and

        (b)     having regard to the following principles—

              (i)     respect for Aboriginal peoples' human rights and cultural rights;

              (ii)     equitable partnerships between public service bodies, public entities, Victoria Police, non-government organisations and Aboriginal communities;

              (iii)     sustainable and flexible funding and resourcing for Aboriginal communities;

              (iv)     respect for cultural diversity and customary lore;

              (v)     transfer of decision-making powers to Aboriginal communities with their free, prior and informed consent;

              (vi)     overcoming barriers including structural racism, discrimination and bias;

              (vii)     shared commitment, accountability and responsibility;

              (viii)     valuing and centring of Aboriginal culture, knowledge and expertise;

              (ix)     embedding cultural safety in policies, programs and services.

    (2)     The right of Aboriginal children and young persons to self-determination must be supported by—

        (a)     providing them with the opportunity to express their views; and

        (b)     promoting their participation, and the participation of their family, kin and Elders, in decision-making processes that affect them.

    (3)     Aboriginal children and young persons must be supported by recognising that—

        (a)     Aboriginal concepts of family include extended kinship relationships and family structures; and

        (b)     strong connections with family, kin, community, culture, Country and Elders are the foundations needed for Aboriginal children and young persons to thrive; and

        (c)     Aboriginal children and young persons who have committed or are alleged to have committed offences should be dealt with in a way that—

              (i)     upholds their cultural rights; and

              (ii)     sustains their ties to family, kin, community, culture, Country and Elders.