Australia’s first National Commissioner for Aboriginal and Torres Strait Islander Children has condemned controversial new Victorian legislation that allows children as young as 14 to be tried in adult courts and face life sentences for serious violent offences.
The Justice Legislation Amendment (Community Safety) Bill – referred to as the Adult Time for Violent Crime laws – passed Victoria’s parliament late on Thursday 5 December after just two days of debate. The laws apply to offences including home invasion, carjacking, armed robbery and recklessly causing injury in circumstances of gross violence.
National Commissioner Sue-Anne Hunter said Aboriginal and Torres Strait Islander children will face the consequences of the legislation at a disproportionate rate to their peers.
“These new laws violate Australia’s obligations under the Convention on the Rights of the Child which state that detention as punishment should only be used as a last resort and for the shortest period possible” Commissioner Hunter said.
The Wurundjeri and Ngurai Illum Wurrung woman said there is no such thing as a safe community without human rights.
“Human rights are not something we can disregard based on community expectations and I reckon it’s very dangerous to normalise the idea that they are” she said.
Victoria’s Commissioner for Aboriginal Children and Young People Meena Singh also criticised the laws. The Yorta Yorta woman said the legislation is dismissive of children’s capacity for rehabilitation.
The Victorian Aboriginal Legal Service condemned the laws as abhorrent. CEO Nerita Waight said the Premier is actively ignoring Aboriginal communities who have suffered state-sanctioned violence and harm for 237 years.
VALS reported a 233 per cent increase in Aboriginal youth being refused bail following earlier bail law changes in March 2025 compared to a six per cent increase for non-Indigenous youth.
The Human Rights Law Centre and Amnesty International Australia have also criticised the laws. Attorney-General Sonya Kilkenny admitted the legislation would be partly incompatible with the state’s charter of human rights.
Research has consistently found that harsh sentencing laws do not deter youth crime and can increase the likelihood of reoffending by exposing young people to the prison system at an early age.
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