The organisation also called out the government's dropping of its commitment to increase the minimum age of criminal responsibility
The Victorian Bar has slammed the State Civil Liability (Police Informants) Bill 2024 that was introduced to state parliament on Tuesday.
The organisation said that the law was “unprecedented” in the country and did not align with the Victorian Charter of Human Rights and Responsibilities Act 2006.
“If enacted, the bill would extinguish the right to compensation of those who have suffered loss and damage as a result of what the High Court of Australia has described as ‘reprehensible conduct’ by members of the Victorian Police in breach of their sworn duties as police officers”, the Victorian Bar explained. “The Commonwealth Parliament does not have the constitutional power to enact such legislation, and all Victorian citizens should be deeply concerned that their State Parliament might seek to do so”.
The organisation highlighted the incident where members of the Victoria Police used former barrister Nicola Gobbo as a human source. Charges were not brought despite the recommendation of the special investigator appointed on the recommendation of the Royal Commission into the Management of Police Informants.
“Individual civil claims that have been instituted against the state in the Victorian Supreme Court are now a key process by which those involved might be held to account, and those who have suffered might have their claims fairly determined by a court in accordance with the law. The bill, if passed, would retrospectively bring those claims to an end”, the Victorian Bar said. “It would also set an extremely disturbing precedent for parliaments that might in future seek to extinguish people’s rights against the state in other areas if it becomes financially or politically expedient to do so”.
The organisation pointed out that no consultation was sought on the bill, and the government was seeking its enactment “with unreasonable haste”.
The Victorian Bar, along with the Criminal Bar Association of Victoria and the Children’s Court Bar Association, also called out the Victorian government’s dropping of its commitment to increase the minimum age of criminal responsibility from 12 to 14 by 2027.
“The abandonment of the increase to the minimum age of criminal responsibility concerningly ignores a body of evidence, including from the United Nations Committee on the Rights of the Child. Nor does it promote the right of a child to protection in their best interests in s 17(2) of the Charter of Human Rights and Responsibilities Act 2006 (Vic)”, the Victorian Bar said.
The organisation pointed out that the withdrawal of the government’s commitment to this issue was concerning given that it went against recommendations resulting from the Yoorrook Justice Commission’s truth-telling processes. It highlighted the “disproportionate representation of Aboriginal and Torres Strait Islander children in custody”.
“Any focus in the youth justice sphere should be on diversion, rehabilitation and support, including proper funding of education, treatment and support services to all Victorian children”, the Victorian Bar said.
The organisation lauded the Youth Justice Bill 2024 for “its commitment to diversion from the criminal justice system and focus on support”. However, it urged the government to reconsider the dropping of its commitment to modifying the minimum age of criminal responsibility.
“In doing so it has resiled from its own carefully considered reform that was the product of extensive community consultation, including with experts who work within the criminal justice system and evidence based”, the Victorian Bar said.
