Youth Justice Act 2024

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

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

having regard to the following principles—

respect for Aboriginal peoples' human rights and cultural rights;

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

sustainable and flexible funding and resourcing for Aboriginal communities;

respect for cultural diversity and customary lore;

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

overcoming barriers including structural racism, discrimination and bias;

shared commitment, accountability and responsibility;

valuing and centring of Aboriginal culture, knowledge and expertise;

embedding cultural safety in policies, programs and services.

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

providing them with the opportunity to express their views; and

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

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

Aboriginal concepts of family include extended kinship relationships and family structures; and

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

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

upholds their cultural rights; and

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