Victoria’s ‘post and boast’ laws to put more children in prison
New laws in Victoria cracking down on the “posting and boasting” about crimes will see more vulnerable children locked up.
New laws in Victoria cracking down on so-called “posting and boasting” about crimes will see more vulnerable children locked up and do nothing to deter offending, the Victorian Aboriginal Legal Service has said.
The Victorian state government this week introduced the Crimes Amendment (Performance Crime) Bill, which means anyone found guilty of certain serious crimes who also posted online about this crime will face an extra up to two years imprisonment.
The Allan government said this was needed to respond to a trend on social media platforms such as TikTok and SnapChat where young people are “chasing clout” by posting about their crimes.
The crimes included under the scheme are affray, burglary and robbery, car theft, carjacking, home invasions and violent disorder.
In a statement, the Victorian Aboriginal Legal Service (VALS) said the new law would further “entrench the criminalisation for young people”.
“This is yet another irresponsible and ill-informed policy decision by the Victorian government who seem to be playing copycat to other jurisdictions’ regressive approaches to youth offending,” the VALS statement said.
“The Victorian government appears to have lost its way. They are introducing laws without consultations, without evidence of what works and not investing in prevention and early intervention supports to address the underlying causes of offending behaviour.”
According to VALS, the law will do little to deter young people from committing crimes and does not address the underlying factors leading to this offending.
‘There is clear evidence that this approach does not work in reducing offending behaviour,” the VALS statement said.
“Children's brains are not yet developed; they do not have consequential thinking. The initial crimes they are targeting carry a more severe sentence, so adding additional time will not serve as an effective deterrent.”
The new law will also cover the encouraging or facilitating of crimes, so that “there is no room to hide behind the ringleader”, Attorney-General Sonya Kilkenny said.
“Victorians are outraged by offenders posting and boasting about their crimes - that’s why we’re taking action,” Kilkenny said.
“This crackdown alongside our tough new bail laws and machete ban is all about keeping Victorians safe.”
VALS CEO Nerita Waight said she was “deeply disturbed and disappointed” by the new law.
“They are simply following other states and territories down the path of ill-informed policy approaches to tackling youth justice issues,” Waight said.
“It is clear they are intent on not listening to experts about what actually works. Our kids need support, guidance and mentoring.
“You cannot criminalise away the innate need of young people seeking to find their places in the world.”
The Victorian government recently issued a press release saying that the number of young people being held in prison on remand has increased by more than 70 percent since April last year, equating to 39 more children being incarcerated before being found guilty of any crime.
The subsequent state budget allocated a further $43.3 million for youth custodial programs, and just $1.9 million for youth outreach programs.
VALS was also left disappointed that its Balit Ngulu program, which provides youth justice assistance to First Nations youth charged with summary and indictable offences, did not receive funding to expand its operations.
“It’s a national disgrace that instead of investing in the futures of young people and expanding programs like Balit Ngulu to support Aboriginal children beyond Melbourne and Shepparton, the government continues to pour resources into punitive policies and prison cells,” Balit Ngulu principal managing lawyer Negar Panahi said.
The Victorian government also recently opened the $419 million Cherry Creek youth prison, which can hold up to 140 children and young people.