THE SMACKING CHILDREN DEBATE

THE SMACKING CHILDREN DEBATE

Royal  Commissioner Natasha Stott Despoja urges South Australia to end ‘double standard’ on parents smacking children, Herald Sun, 20th August 2025.

“Smacking should be outlawed to stop parents abusing their children under the guise of discipline, according to a landmark inquiry into family violence in South Australia.

Children have told of being beaten or kept like prisoners by parents or carers who argue it is necessary to “correct” their behaviour.

Now Royal Commissioner Natasha Stott Despoja, who heard their heartbreaking stories, has called for an end to this “double standard”.

Interestingly, a poll of 3528 voters was asked, “Do you support a smacking ban?”

19% said, “Yes”, and 81% said, “No”.

In Victoria, there are already a plethora of rules and legislation preventing any form of corporal punishment in a vast range of circumstances where children need to be disciplined, with one common denominator: corporal punishment cannot be delivered to a child unless by a parent or carer.

  • Common law permits only “reasonable” physical punishment, meaning:
    • The child must be capable of understanding what they did wrong.
    • The force used must not be excessive or unjustifiable.
  • If the punishment crosses into abuse or causes injury, it may be prosecuted under existing assault legislation.

The current laws are adequate and have stood the test of time. The exposure during this South Australian Royal Commission highlighted not a flaw in the legislation but in those who administer it.

Reportedly, there were shocking incidents of child abuse presented to the Royal Commission, but if they were as bad as alleged, then why weren’t the perpetrators prosecuted?

The risk of this move by the Royal Commissioner risks colliding with another legal principle, as young children cannot be reasonably assumed always to tell the truth or understand the possible consequences of untruths. Without some form of corroboration, there is a need for caution.

Within a domestic dispute situation, it cannot be ruled out that the corporal punishment issue will not be weaponised, with coaching from one or the other of the domestic combatants.

A move for legislation to be inserted in the parent-child relationship exposes the community to another legal principle.

It is better that ten guilty persons escape than one innocent suffer – William Blackstone, 1760, English jurist.

This principle is one of the cornerstones of democracy as we know it, and any interference must be viewed through that prism.

There is no question that children must be protected, and as a general principle, must be listened to; however, as with most criminality, the accuser must be supported by corroborative evidence.

Again, the problems appear to be with those who administer the law, not the law itself.

However, the major flaw in taking this approach is that the defences that currently exist for corporal punishment work as a deterrent;  the future without these guiding principles could have the opposite effect to that intended.

Parents who exercise corporal punishment outside the principles are not likely to comply with the legislation when they lose their temper, or are under the influence of alcohol or drugs, or are just belligerent in disciplining their children. The legislation in its current form is adequate to deal with these issues; it is more about how the law is administered, not the law itself.

We hear continually the whining of those in authority that the problem with miscreant children committing significant criminal offences, often against innocent victims, is parent-blaming. Perhaps the lack of discipline as a young child has a lot to do with it.

The courts, by not ensuring consequences for illegal behaviour, are a major contributor to the no consequence principle and, therefore, adverse outcomes for children and young people.

An unintended consequence of this move will remove any vestige of consequences for inappropriate behaviour, leading to more pain inflicted on the child as they grow to live in the real world without understanding that indiscretions come with sometimes very unpleasant consequences.

The ability for a child or young person to ‘Think twice’ before acting is lost.

The removal of the ability of a parent to physically discipline a child will sentence the child to convoluted lectures and verbal assaults, potentially causing much more damage to them than an appropriate tap on the backside to correct behaviour.

The psychological harm that is inflicted on young children can be more damaging than any smack, and a parent without parenting skills can cause irreparable damage by the use of verbal or non-verbal discipline incorrectly.

An experience where a mother in a supermarket with a misbehaving child entered into a rationalisation diatribe with the two-year-old to correct behaviour is a case in point. If that is the standard, the parent who adopts it will do more harm than good over the medium term.

The child was too young to understand, and being lectured to is highly probable a common experience with little weight given the child’s lack of reaction. Of course, the real shame is that the parent’s performance was perhaps more theatre for those around her, and the child suffers.

Perhaps removing the only method a parent can exercise within the given legal parameters of ‘reasonableness’ to discipline their child is the real hypocrisy, not the comparison with adult dysfunction.

THE NEIGHBOUR OF THE MOUNT WAVERLEY COUPLE STUMBLED INTO A HORRIFIC MURDER SCENE

THE NEIGHBOUR OF THE MOUNT WAVERLEY COUPLE STUMBLED INTO A HORRIFIC MURDER SCENE

Reports in the Herald Sun on the 13th of August 2025, relate to a double murder in Mount Waverley, where a neighbour had the misfortune to find the deceased couple in a horrific crime scene.

The murders were allegedly committed by a 34-year-old male, who was reportedly homeless and destitute.

What is concerning is the rush to defend the horrific actions, implying mental issues.

The unfortunate neighbour was quoted as saying,

“It’s always ‘justice system this, punish them harder, that’. The guy who did this is a mentally ill homeless man who fell through the cracks.

“You don’t prevent this thing by punishing any harder. People like that need help.”

A not unreasonable position, probably shared by many.

However, it does highlight the failure of the ‘System’ within this State.

If this case is a matter of somebody falling through the cracks, the bureaucrats responsible will no doubt paper over their failings as they have in the past and will continue to do so in the future to protect their fiefdom.

How long will we continue to tolerate a systemic failure of unaccountability within the State bureaucracies?

Tolerating and indulging mediocrity will sentence this community to face more horrific incidents.

The problem that we as a State are currently faced with, across a broad tranche of bureaucratic performance, is the ethos they are aligned to.

They are, and have for many years been, captured by the ‘serve yourself first,’ coupled with an ‘unhealthy political bias.’

They have lost the concept of ‘service to the State’ in a morass of political alliances and self-indulgent practices.

The argument that there is seperation between the bureaucracies and the government has long been a fallacy, and the role of the bureaucrats to provide fearless independent advice to the Government has evaporated.

And that is why there are ‘cracks’ for individuals to fall through?

This recent tragedy, in which three lives were lost, including that of an unborn child, has once again exposed the dangerous cracks in our public systems. If it is established that the alleged perpetrator was known to authorities and yet allowed to fall through these ‘cracks’, then the leadership responsible must be held to account.

It is not enough to express regret or to claim that no system can anticipate every eventuality. That defence, while convenient, is unacceptable. The role of public administrators and executives is precisely to foresee, manage, and mitigate risk, especially when lives are at stake. When they fail in this duty, consequences must follow.

The Chief Executive of the responsible agency must either offer their resignation or be replaced. Leadership is not merely a title; it is a responsibility. And when that responsibility is abdicated, the public deserves more than apologies – they deserve action.

As for the alleged offender, while there may be indications of a psychotic component to his behaviour, this must not be used to diminish the severity of his actions. Accountability must apply equally to individuals and to the systems that failed to prevent this tragedy.

The system should be capable of identifying people at risk or at risk of harming others.  Early intervention is essential.

The Community Advocacy Alliance calls for a full, transparent investigation and for immediate steps to ensure that such systemic failures are not repeated. We owe it to the victims, their families, and the broader community to demand better and to ensure that justice is not only done, but seen to be done.

It would be interesting to know if the weapon/s used were supposed to be in the Machete bin?

POLICING VICTORIA – PLAN 100.4

POLICING VICTORIA – PLAN 100.4

PLAN 100.4 – 2025 – Summary

The document outlines the Community Advocacy Alliance’s strategic plan for improving service delivery and addressing law enforcement issues within Victoria Police by 2025.

 

Leadership and Accountability in Victoria Police

The Community Advocacy Alliance (CAA) emphasises the need for improved leadership and accountability within Victoria Police to restore public trust and enhance service delivery. ​ The current structure is criticised for being bloated and ineffective, with senior officers often avoiding accountability for their actions. ​

  • The CAA has submitted multiple plans since 2018 to address law and order issues in Victoria. ​
  • Senior police officers have been allowed to evade accountability despite evidence of misconduct. ​
  • The organisation suffers from poor command decision-making and a culture of disrespect for the law. ​
  • A significant reduction in executive ranks (30-40%) is proposed to streamline operations and improve accountability. ​
  • Decision-making should occur at the lowest possible level to enhance responsiveness and effectiveness. ​

Service Delivery as a Priority

Service delivery has been identified as the most urgent issue facing Victoria Police, with a significant deficit in understanding and execution over the past decade. ​ The CAA argues that efficiency should not overshadow the importance of effective service delivery.

  • Service delivery has deteriorated, with little evidence of improvement in the last ten years. ​
  • Senior officers often confuse service efficiency with service delivery, leading to ineffective strategies. ​
  • Initiatives to improve efficiency have often compromised service delivery, creating a “them and us” mentality.
  • The effectiveness of policing is directly related to its relationship with the community it serves.

Measuring and Improving Service Delivery

The CAA proposes several strategies to measure and enhance service delivery, emphasising the need for modern, qualitative measurement techniques. Feedback from the community is crucial for understanding the effectiveness of services.

  • Implement modern qualitative measuring techniques for service delivery. ​
  • Establish a feedback line for the public to report their experiences with police services. ​
  • Set benchmarks for response times to ensure accountability in dispatch and arrival.
  • Extend the emergency activity map to include police incidents for better community awareness. ​
  • Introduce a protocol for phone contact to ensure professionalism and accountability. ​

Structural Reforms for Effective Policing

The CAA recommends significant structural reforms within the Victoria Police to address inefficiencies and enhance service delivery. This includes reducing the number of executive positions and reintroducing intermediate ranks. ​

  • The current executive structure is bloated, with a 16% increase in Deputy Commissioners since 2019.
  • A reduction of 30-40% in executive ranks is recommended to improve decision-making and accountability. ​
  • Reintroducing ranks like Chief Superintendent and Chief Inspector can enhance local decision-making.
  • The promotion process should be competency-based to eliminate nepotism and improve morale. ​

Cultural Change and Community Engagement

A positive organisational culture is essential for effective policing, and the CAA highlights the need for cultural reforms to rebuild trust and respect within the community. ​ Engaging with retired members and honouring fallen officers can strengthen this culture. ​

  • The culture of Victoria Police has declined, leading to issues like media leaks and mistrust. ​
  • On-the-spot discipline notices can address minor infractions and improve accountability. ​
  • Engaging retired members can provide valuable insights and foster respect within the organisation. ​
  • Building a culture of respect and professionalism starts with the police uniform and leadership example. ​

Addressing Mental Health and Well-being

The CAA emphasises the importance of addressing mental health issues within the police force, particularly regarding the impact of disciplinary actions and investigations on officers’ well-being.

  • Research is needed to explore the correlation between investigation techniques and PTSD among officers. ​
  • Every member subject to disciplinary action should have an independent advocate to ensure fair treatment. ​
  • The culture of respect and support must be reinforced to prevent adverse mental health outcomes for officers. ​

Recruitment and Selection Process Improvements

The recruitment process for the Victoria Police must prioritise both mental and physical robustness to ensure that candidates can handle the demands of policing. ​ A multi-level probation system and careful assessment of applicants’ suitability are essential to maintain the integrity and effectiveness of the force.

  • Recruits should be assessed for mental and physical fitness to perform police duties. ​
  • A multi-level probation period of four years is proposed to ensure ongoing evaluation of recruits. ​
  • Non-performing members should be offered transfers to alternative roles rather than remaining in policing. ​
  • Emphasis on character and resilience in candidates to prevent PTSD and ensure operational readiness. ​

Enhancing Foot Patrol Effectiveness

Foot patrols are a critical aspect of community policing that requires improved training and situational awareness among officers. ​ The proper execution of foot patrols can enhance public safety and foster better community relations. ​

  • Officers should patrol independently to maintain situational awareness and reduce risks. ​
  • Engaging with the community through eye contact and acknowledgment builds trust and confidence.
  • Current foot patrol practices often lack focus, with officers distracted by conversations or mobile devices. ​

Leveraging Technology for Policing

The integration of advanced technology, such as AI and GPS, can significantly enhance policing efficiency and effectiveness. ​ However, it is crucial to implement these technologies thoughtfully to avoid potential risks. ​

  • AI-driven facial recognition and CCTV can provide real-time information on suspects. ​
  • The G-Tag initiative aims to reduce car theft and enhance community safety by allowing police to disable stolen vehicles. ​
  • GPS technology should be managed to prevent misuse by criminals. ​
  • Mobile technology must be standardised for all officers to improve communication and documentation.

Management and Operational Efficiency

Improving management practices within Victoria Police is essential for enhancing operational efficiency and accountability. A focus on performance metrics and resource allocation can lead to better service delivery.

  • Backfill police stations to authorized personnel levels to ensure adequate staffing. ​
  • Downgrade the influence of statistics in decision-making, allowing commanders to focus on operational needs. ​
  • Implement bi-weekly progress reports for commanders to track performance against KPIs. ​
  • Establish a Reserve Unit to manage underperforming members and maintain operational readiness.

Youth Engagement and Community Programs

Strengthening youth engagement initiatives is vital for fostering positive relationships between police and young people. ​ Programs like “Police in Schools” can have a significant impact on youth behaviour and community safety.

  • Introduce a dedicated Youth Command to oversee youth-related initiatives and strategies. ​
  • Re-establish the “Police in Schools” program to build trust and educate children about law enforcement. ​
  • Support existing programs, such as Blue Light Victoria, and explore the establishment of Police Citizens Youth Clubs.
  • Develop partnerships with community organisations to enhance youth engagement efforts.

Transparency and Media Relations

Improving transparency and media relations is crucial for rebuilding public trust in Victoria Police. A strategic approach to media management can enhance communication and community confidence.

  • Appoint a high-ranking officer with operational experience as Media Commander to oversee information dissemination. ​
  • Ensure operational members can speak to the media without fear of criticism. ​
  • Address media leaks by focusing on the underlying issues rather than punishing whistleblowers.

Addressing Drug Issues with a New Approach

A shift from harm minimisation to a four-pillar approach (Health, Law Enforcement, Education, Rehabilitation) is necessary to address drug-related issues in society effectively. ​ This comprehensive strategy aims to reduce drug use and its associated harms.

  • Implement health orders allowing police to take individuals affected by drugs into care for treatment. ​
  • Establish secure facilities for drug treatment and triage to address addiction issues. ​
  • Focus on street-level drug dealers and users rather than high-profile offenders to disrupt the drug trade. ​

Legal System Reforms for Victims

Reforming the legal system to prioritise victims’ rights and streamline processes is crucial for enhancing justice outcomes. Abolishing the committal process and enhancing victim support can lead to a more efficient legal framework.

  • Abolish the committal for the trial process to reduce delays and trauma for victims.
  • Provide legal representation for victims of major crimes to advocate for their rights and interests. ​
  • Implement enforceable compensation orders for victims to ensure accountability from offenders. ​
  • Construct purpose-built facilities for victims to give evidence remotely, enhancing their safety and comfort.

Community Engagement and Policing Strategies

Effective community engagement is crucial for fostering trust and enhancing perceptions of police effectiveness. ​ Strategies should focus on improving community interaction and local ownership of policing efforts. ​

  • Realign crime trend analysis to measure community attitudes towards police effectiveness. ​
  • Expand the Neighbourhood Watch program to foster community involvement in crime prevention. ​
  • Review patrol systems to allow officers more time for direct community interaction. ​
  • Dispense with the “Super Station” concept to refocus on local community policing. ​

Mental Health Support for Police Officers

Enhancing mental health support for police officers is crucial for their well-being and operational effectiveness. ​ Continued efforts are needed to address the mental health challenges faced by serving and retired members. ​

  • Maintain and improve programs like The Hub to support the mental health of officers. ​
  • Legislate indemnity for officers acting in good faith to encourage proactive policing.
  • Reintroduce the practice of gazetting positions to stabilise the organisation and improve morale.

Retirement and Reservist Programs for Officers

Developing a reservist program for retired officers can provide valuable support to current members while maintaining their sense of identity and purpose. This initiative can enhance community policing efforts and provide mentorship.

  • Allow retired officers to retain their police identity and serve in a reserve capacity. ​
  • Implement a system to recognise the service and contributions of retiring officers. ​
  • Utilise retired officers for non-frontline duties to relieve operational pressures on current members.

FOR THE FULL VERSION OF PLAN 100.4, click on the link below:

A NEW START FOR VICPOL – ALL IT NEEDS IS  MEMBERS TO EMBRACE IT

A NEW START FOR VICPOL – ALL IT NEEDS IS MEMBERS TO EMBRACE IT

 

This sonnet may have been written towards the end of the medieval period, but it has real relevance today as we herald the arrival of our new Chief Commissioner, Mike Bush.

His challenges can only be described as monumental, and although there is no doubt about his ability, as demonstrated by his role as Chef Commissioner of New Zealand, the problems entrenched in the Victoria Police will present substantial challenges.

From what we can determine, his character is beyond question, but already the naysayers are making comments couched as negative.

The comments relate to the influence that he may or may not have had from Jacinda Ardern, the then Prime Minister of New Zealand. Jacinta was seen as the queen of ‘woke’.

What, however, cannot be challenged is the success that Bush had in dramatically reducing the crime rates of the Shaky Isles, which highlights the irrelevance of being judged as woke.

The only remote relevance would be if valuable police resources were misdirected to social niceties, but that has happened regularly over the last decade as one chief after another seemed to revel in police resources used in this way. They were leaders with a real ‘Tin Ear’ who failed to understand the community angst about the lack of service, the niceties project.

Nobody can forget the huge Police contingent marching at the Gay Pride March in Melbourne, except for last year when they were not welcomed.

It is a poor look when a large contingent of Police, whether on duty or not, can join in civil celebrations when the public can’t get police to deal with their issues. Any wonder the public confidence in Policing is at an all-time low.

We commend the views of Bush on Proactive Policing and the importance of prevention. The latter being totally essential and the key to reducing the out-of-control crime Rate.

We are confident that with good leadership, this ship, VicPol, can be turned around, as we are constantly heartened by the work of competent and dedicated members of the Force.

It is, however, a major task to rid the Force of the lazy malcontents who drag the organisation down, and we are hopeful that the new CCP will beat the bush and see the lazy miscontent birds taken, out of the organisation.

The damage these individuals wreak is substantial, and their usually loud protestations are used to hide their incompetence; the force is best rid of them.

In welcoming the new Chief, the CAA has revisited the Plan 100 series and updated the Plan to 100.4.

The Plan is contemporary, and we hope it will be of use to the new Chief and will be published within a few days.

YOUTH CRIME – MEA CULPA.

The reports in the Herald Sun 24th November ‘24 about the escalation of violent crime by juveniles, some as young as ten, is a rude awakening for a Government that is by and large responsible.

We can expect platitudes and lame excuses, but action is improbable, and anything the Government does will skirt around the reality that they have made some major ‘faux pas in managing the youth issues.

First and foremost, the Bail Laws are a significant contributor.

The definition of insanity can be easily applied to the Victorian Government’s posture on youth crime matters.

‘Doing the same thing tomorrow and expecting a different result.’

How many of the brainiacs within the Government could have concluded that arresting a child for a crime and putting them immediately back into the same environment that caused them to offend in the first place was a brilliant idea? This is beyond reasonable comprehension.

Those responsible must be removed from their roles.

It is akin to saving a drowning child, only to throw them back in the water.

It looks eerily like the Government is focused on deliberately guiding our society towards a lawless state; we can only assume some misguided ideological plan to destroy the community fabric for an obscure reason has overtaken them, guiding them towards a catastrophe of violent crime we have never before been subject to.

The second and equal act of insanity was raising the age of criminal intent from ten to twelve years, so all the upcoming young thugs are taught crime has no consequences and they can be just like their older peers enjoying the criminal lifestyle.

This crime apprenticeship scheme must be reversed.

The major flaw in this initiative was that no thought was applied to what was to be done with the younger juveniles, as their path to criminality is well laid before they come into contact with the courts.

To make a start, the Government must undertake a ‘mea culpa’; although that concept would be foreign to them, they might wrest back some respect from the community.

There is no shame in admitting a mistake if it was done with the best intentions.

However, there is not only shame but damnation to know an error has been made and ignore it, particularly when the damage is wreaked not only on the community but also on the children the laws were supposed to protect.

There is a third flaw that contributes significantly to the crime tsunami of juveniles, perhaps more important than the others, and that is the performance, or lack thereof, of those in the Government employ (the Government’s own people) who are charged with delivering youth services.

We have seen multiple reports of this systemic failure of this Government’s function, with children who are put into care receiving nothing of the sort.

Poorly supervised and allowed to come and go as they please, no doubt to be told they are naughty, but get to keep their phones and their freedom, albeit their behaviour is outrageously dangerous to the community and themselves.

And finally, the role of the courts must not be overlooked. This lack of holding criminals to account, a concept apparently not applicable to children, can be sheeted home to the judiciary, who, by any measure, have failed in their role, particularly in relation to children.

It is the role of the courts to administer the law, not be social engineers—a social experiment by the courts that has been a miserable failure.

Placing a child in detention to protect the community and the child is in an environment the courts are not comfortable with; is not their prerogative. The Government is responsible for providing sufficient secure services for juveniles to support the Courts.

It would help if some accountability was applied to jurists.

This would not challenge the independence of the courts but may make the jurists more focused on their role and its effectiveness.

Rather than closing jails, which will incur huge ongoing costs to the State, why not convert them into juvenile facilities? After all, it is just a building; what happens inside makes it a jail or a juvenile facility.

All the contracts to operate jails slated for closure are in place and will cost a bomb to extricate from, so it makes real sense to modify rather than close them and the savings for the state will be substantial in real terms, both social and fiscal.

It won’t be long before our litigious community starts acting against the Government for the Government’s failure, resulting in the deaths and trauma inflicted by juveniles on their loved ones.

That could be a good thing, forcing the government to act.

Unfortunately, the only consequence will be a more significant financial burden on the community settling claims against the Government and the other social and financial imposts the juvenile problem imposes on all of us while the Government continues to ‘wash its hands’ of the problem, doing their ‘Pontius Pilate’ impersonation.

INTEGRITY – SHUEY V ANDREWS

INTEGRITY – SHUEY V ANDREWS

In Response to our late friend and colleague, Dr Ray Shuey’s expert witness report into the long-running saga of the Andrews’ collision with a boy on a bicycle, Andrews released the following statement:

“This so-called report was commissioned by lawyers on behalf of their clients who are seeking money through the courts by suing their former lawyers.”

“We are not a part

y to this legal action. We did nothing wrong. This matter has already been comprehensively and independently investigated and closed by Victoria Police and integrity agencies.”

“We will not dignify these appalling conspiracy theories by commenting further at this time.”

Andrews refers to the report by Ray and then immediately denigrates it and by implication Ray, as a “conspiracy theorist”.

The members of the Community Advocacy Alliance and Ray’s family, friends and former colleagues take great umbrage at the besmirching of the reputation of a former outstanding member of the Victoria Police and fine citizen who worked literally on his dying day in the interests of others.

The CAA has been assured that if we can gather one hundred expressions of support from people who knew Ray as a person of impeccable integrity, a major Melbourne newspaper will take up the cudgels publicly on Ray’s behalf.

We ask you to complete the support document, and if you are a member or former member of Victoria Police, we ask that you add your Registered Service Number.

Your support shall remain confidential.

In Support of Ray Shuey

For your chance to stand up for Ray Shuey, fill in the form below.  Please provide your Victoria Police registered number if applicable if you are a member or former member.

Support Dr Ray Shuey

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To read Ray Shuey’s full report, click the button below:

NEW CRIME DATA REVEALS SHOCKING EXTENT OF VICTORIA’S YOUTH CRIME WAVE

NEW CRIME DATA REVEALS SHOCKING EXTENT OF VICTORIA’S YOUTH CRIME WAVE

An article appeared in the Herald Sun on the 20th of June under the above heading and exposed the real and present dangers that Victorians face.

Crimes involving children as young as 10 years old have soared to their highest level since 2010 as alarming new figures reveal the state’s growing youth crime wave.

Children aged 14 to 17 years old were “over-represented” in burglaries, assaults, robberies and car thefts while almost 400 youth gang members were arrested within the past 12 months.

Baby-faced offenders aged 10 or 11 years old also recorded a 52.6 per cent spike in the number of offences committed.

More than a third of young criminals aged between 10 and 17 years old are repeat offenders, with the number of recidivist offenders rising by 10.4 per cent.

Children aged 10 to 13 years old were responsible for 84 aggravated burglaries across the state.

Five years ago, they had only been involved in 18.

These alarming figures are from the Crimes Statistics Agency Victoria, and apart from the danger these figures indicate, we are exposed to the more problematic fact that the Government is working hard to fan the flames of the issue, not resolve it.

More importantly, the government holds overall responsibility and is protecting ineptitude in the various arms of governments responsible for managing youth crime.

These must be held to account as much as the government.

The Courts

Daily, yet another juvenile responsible for atrocious crimes is being granted bail.

And given the Bail Act, it makes us wonder just what the judiciary is at.

The recent Bail Amendment Act 2023 (the Act), which commenced on 25 March 2024, made further changes to the Bail Act 1977, seeking to ensure bail laws protect the whole community and better target the use of remand for cases where it is necessary to prevent an unacceptable risk to community safety.- https://www.criminalsolicitorsmelbourne.com.au/blog/victorian-bail-law-reform

The Act is clear and applies standard English interpretations to the understanding of the Act’s purpose as amended; how do the courts circumnavigate this legislation, not occasionally but regularly, without apparent intervention by the government?

If the Attorney General does not provide leadership, the Director of Public Prosecutions must appeal some of these Court decisions.

What’s the good of having a government that produces a law that the courts ignore, suggesting they are not interested in subservience to the legislation?

It is our opinion that we are reaping the folly of the Restorative Justice fantasy forced on us as a solution to crime, but it has been an abject failure – just look at the crime statistics.

Why would any sane, reasonable person countenance any principles of that failed social experiment defies logic? And it is even more astounding that the judiciary could be seduced by this rubbish.

The Police

The Police do not help the whole issue.

The first point is that they need to stop making excuses that support the mindset that they can arrest their way out of the problem.

It took two decades to convert the Victoria Police Force under two visionary Chief Commissioners, Miller and Glare, from one predominantly reactive (as they are today) to a predominantly proactive force, particularly with youth.

The results were that crime by juveniles was not the epidemic it now is, and overall, crime declined as fewer juvenile offenders grew into adult offenders rather than managing and encouraging the juveniles into crime.

It took only one Chief Commissioner to destroy the effective direction of the force and three consecutive Chiefs, predominantly with a background of exclusive reactive federal police experience, to ensure the proactive approach was kept from developing, even though many operational police know the value of the proactive approach but gained no support as the police priority remains reactive.

The current Chief Commissioner has attempted to push back against the trend with limited success, as the crime statistics illustrate.

There is a major problem when you have an Acting Deputy Commissioner of Regional Operations, Brett Curran, quoted as saying, “A small group of hardened” young criminals were now committing severe and violent crimes more often.” (spin)

The following line says, ‘nearly 400 youth gang members have been arrested in the past 12 months.’ (fact)

 Mr Curran also said, “Police arrested seven youth gang members, child thieves and car thieves every day during the past year.” (Spin)

That claim by Mr Curran equates to 2,555 youth gang member arrests, not nearly 400.

Indeed, some are arrested time and time again.  Why? Because the courts are failing in their duty to the citizens of this state.

So much for the claim of a small number.

Victims would undoubtedly be impressed by the Deputies’ analysis (and maths) as they try to put their lives back together after an experience with the “small group”.

We wonder whether the Deputy who spent a considerable time out of policing as Daniel Andrew’s Chief of Staff has lost perspective.

As a Police executive, he has to learn not to use political spin he knew in his last job. The community sees straight through it and expects better from their Police leadership.

 

Department of Justice Youth Workers

Very little is said about their role or lack of success in the youth space, so we generally can only rely on the data, and by that measure, they have failed demonstrably.

They are referred to often in legislative discussions and are provided with powers to do their job. Still, there is something obviously and categorically wrong with the function of that government component.

These Youth workers aim to empower –  young people in custody to steer their lives in a more positive direction when they return to the community”.

.- https://www.justice.vic.gov.au/youthjusticecareers

What a nonsensical function because the courts have demonstrated they are determined to have no juveniles of any age in custody. This supports the view that the courts wear this as a badge of honour and a demonstration that they are not subservient to the legislation. It is very dangerous and challenging to our democracy.

So, theoretically, those youth workers at the Department of Justice have little to do, as no juveniles are returning to the community; they never left.

 

Lifting the age of criminal responsibility

If a government were ever grossly tone-deaf, this issue is a classic. The age of criminal responsibility is planned to move from 10 to 14 years during a youth crime tsunami that the CAA warned was coming nine years ago. This has got to be the stupidest act any government has embarked upon in the crime space.

All this is based on is a feared notion that all children will end up in jail – which they don’t. Ideological nonsense is based on no empirical evidence.

This rubbish sways a government that wants to be taken seriously and is in denial of reality, a dangerous place for any government.

Moreover, children in this age bracket only ever get charged as distinct from being put in jail if they are not Doli Incapax, meaning incapable of forming criminal intent.

The question, therefore, is what to do with these miscreants, and that is a million-dollar question that all the “experts” advising the government on the bill have failed to resolve because no solution is offered.

The non-solution

The non-solution was reported as,

‘Police would still retain the power to intervene with younger offenders, including having the power to transport ten and 11-year-olds that find themselves in trouble with the law.’

The solution

The solution remains as elusive as it always has, and this legislation will not help, as it lacks a fundamental guiding principle for children and young people: accountability.

If children, or anybody, knows there are no consequences for criminal behaviour, then that’s what they will do, and they won’t change. Why would they if they enjoy it?

The problem is a lack of foresight and understanding of children and juveniles.

Children and Juveniles who play sports are less likely to commit offences, and the key is that sport has rules, and if the rules are disobeyed, there are consequences. That applies whether they are spectators or participants. Those youths who regularly attend school are also less likely to offend than those who don’t; again, rules with consequences.

Most people of all ages live within society’s rules; if they digress, there are consequences.

A significant contributor by a long measure to our present youth crisis is that for criminal behaviour, there are no consequences if you break the rules.

The issue of incarceration of children has been the primary driver for this reform, based on the emotive argument ‘you can’t put children in jail’, but the problem is being viewed from the wrong perspective.

The reform must encompass the principle of consequences, as all the other approaches are ineffective.

Rather than demonise the broad ‘jail’ concept, we should look at how it can positively affect young people.

We have long advocated that the justice system is too afraid to deal with the crisis of putting a child in jail, and often, that is not serving the interest of the juvenile or child.

One of the current flaws is that the judiciary views young offenders when considering penalties from an adult perspective.

Young people have a different perspective of time than adults, and a week or so in detention, where they gain privileges by compliance, will have a marked positive impact on them.

Young people respond exceptionally well to rules as they offer some solace and security; however, if they have never been taught discipline and breaking rules has consequences, it doesn’t work.

We are not talking about traditional views of jail but of securing the young person without privileges for weeks, not years. Their behaviour dictates the time they are in secure accommodation, not the judiciary. As much as the judiciary thinks they know how a child will respond, they don’t because they are not there with the child 24/7.

There are significant omissions in the proposed Youth Justice Bill currently before Parliament.

The most significant omission in the Bill

As much as the parents of these miscreants (if they have any) are criticised for lack of action, the Bill does nothing to elevate the role of the parents or guardians.

Yes, there are hopeless parents responsible for troubled children, but the vast majority try; many try but are judged poorly, and there is no provision to help upskill parents, and they have all but been omitted from this Bill. They have an essential role to play in reinforcing other initiatives.

Home detention

Supported by electronic monitoring, home detention should be the first option for any child convicted of an offence. Children do not understand ‘Orders’, and the other plethora of titles bandied about in the Courtroom.

Many need to understand that if they walk out after a court hearing unpenalized after a hearing, they haven’t necessarily beaten the charges, and their bragging rights within their cohort are worthless.

The new sophisticated Electronic Monitoring (EM) devices can fix a virtual perimeter for the child to live within, while providing for their education, sports and other essential family functions.

The EM device can alert a parent their child is leaving the house, breaching physical or social media curfew rather than finding they are gone the following day. Home detention means they cannot exercise their free will outside boundaries, and the EM gives the parents the tools they need to enforce it.

Use of their social media devices also needs to be controlled, and privileges gained by good behaviour and compliance to the rules, allowing more access.

The length of time that the child is in home detention should be based on the child’s or youth’s behavioural improvement.

Home detention is a very cost-effective way to manage miscreant children and divert them out of their criminal behavioural cycle.

Although we won’t hold our breath, maybe the enlightened members of parliament will see this legislation for what it is: a half-baked hotchpotch of ideological one-liners masquerading as legislation for the betterment of the State and its children.

There indeed are flaws in the current system, and they should be fixed rather than embarking on an untried excursion. Fix it; don’t replace it with thousands of pages of convoluted rubbish that will only hurt our most vulnerable children.

Inevitably, this legislation will leave vulnerable children at further risk, will do nothing to prevent more victims from being traumatised and will further impede effective policing.

An urgent community-based examination of a better way forward might lead to a real improvement in our juvenile justice system.

Simply raising the age of criminal culpability will have the effect of increasing crime as there are no barriers to young people offending.

BEING EMPTY A SOBERING REALITY

BEING EMPTY A SOBERING REALITY

Herald Sun 24/5/2024 The Collingwood Drunk Tank is still a mess, but this time how it operates.

In the Herald Sun on 24th of May 2024, the reality of Melbourne’s sobering up centres has been exposed for the nonsensical dream created by some faceless government official who, although they may have experienced drunkenness personally, has never had to deal with drunks day in and day out.

It is a pity that the architect/s have not had to confront drunkenness on the streets. the Police is as stupid as the idea that drunks are only taken to the sobering facilities if they agree.

There is probably some relief for police that they don’t have to deal with obnoxious drunks. But it goes against their grain, or duty of care, just to leave them, as the police know the risks that exposes the drunks to.

When we initially heard that the drunks had to consent to be taken to a Sobering facility, we thought this was some joke as we all know drunks are, in their minds, all sober or only slightly affected. The statistics bear this out, with an average of only two people using the facilities in Melbourne per day at an unbelievable cost of $12K per drunk. But outreach workers have assisted 5625 drunks.

It is a classic of fixing a problem that barely exists.

That is hugely embarrassing for the Government because this project only deals with people who are not too drunk.  How the degree of drunkenness is determined is a mystery, and then ambulances are called for those drunks, in part defeating the purposes of the facility, loading the issue back onto emergency services and overcrowded Hospital ER services.

If they are too drunk, what is the sobering facility’s purpose – only for nice, clean drunks?

Like the Injecting Room, that also won’t let anybody in if they are too drug-affected or drunk.

The behaviour of these facilities reeks of discrimination where personal factors determine whether the service is provided, unlike emergency Services, which do not have the luxury to discriminate.

The obvious solution is to scrap the centres and leave the welfare of drunks to outreach workers, saving millions and providing a better outcome for drunks.

The facilities can be repurposed so that people affected by drugs can be housed for a period so professionals can address their health and addiction.

A hiatus in their addiction will go a long way to diverting many away from drug dependence. See https://caainc.org.au/sometimes-there-is-just-a-better-way

The whole issue of the drunks must be rethought, with the test being the drunk’s mental acuity and physical shape, not some other nebulous discriminatory concept.

This must be a priority and not include the architects who dreamt up the absurd program we have been lumbered with.

Given the State’s financial crisis, the money allocated could be diverted to more pressing issues, like our state debt.

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TO ALL READERS OF CAA ARTICLES

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POLICE PRIDE MARCH A VALUABLE LESSON.

POLICE PRIDE MARCH A VALUABLE LESSON.

To see police involved in a fracas  at the recent Pride march is deplorable. This outcome was inevitable, and police should never have put themselves in this position.

Irrespective of who was the instigator of the melee, the Police, instead of performing the police function to solve a social problem, were part of it.

The seeds for this outcome were sown some twenty years ago when the Police moved from policing the event to being part of it.

The CAA logo features Lady Justice, who is depicted as blindfolded, showing Justice is blind.

The meaning is profound and forms the basis of our Justice system, which includes the Police.

Police must never become part of the issue and remain independent to exercise their powers in a dispassionate way, not showing favouritism or bias to the problems they are policing.

Being part of this march destroys impartiality and undermines the fundamental role of the Police.

We also noticed Police uniforms adorned in trinkets supporting the pride genera. These displays, supporting a particular cause, would be irreverent to many and detract from the impartiality that Police should project and preserve.

These displays must not be worn on uniforms or, for that matter, any clothing while a police member is on duty. It is a matter of professional pride.

It also could be argued that this police activity is in breach of their Oath of Office.

…that I will well and truly serve our Sovereign as a police officer in Victoria in any capacity in which I may be appointed, promoted, or reduced to, without favour or affection, malice or ill-will for the period of [ insert period ] from this date, and until I am legally discharged, that I will see and cause the peace to be kept and preserved, and that I will prevent to the best of my power all offences, and that while I continue to be a police officer I will to the best of my skill and knowledge discharge all the duties legally imposed on me faithfully and according to law.

This issue has nothing to do with the personal preferences exercised by any member of the Force in their private lives. That is their business, and if they want to march, they have every right to participate, just not in uniform.

In many ways, this clash was inevitable.

According to reports, there has been anti-police sentiment for a long time, and leadership should have been taken to avoid the inevitable confrontation.

In this event, participants dress up gregariously, as is their right; however, by high-level participation by the Police, they are relegating the uniform to fancy dress.

There are always huge risks when police favour one particular group, and we are confident that the Police Command would not tolerate uniformed Police marching in solidarity with Black Lives Matter, anti-COVID, Union movement, anti-government, environmental or the myriad of other special interest groups.

The test may again come as those who support Palestine become more vociferously anti-Israel as that war drags on.

Police, like all Australians, are entitled to exercise their right to lawful assembly, just not in uniform.

We encourage Victoria Police, in the interest of fair justice for all, to issue a direction that police on or off duty cannot participate in any demonstrations or cause in uniform.

Demonstrating a bias for or against any particular interest group is counterintuitive to effective policing.