24Guiding youth justice principle—additional principles specific to Aboriginal children and young persons

24 Guiding youth justice principle—additional principles specific to Aboriginal children and young persons

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

(a) 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

(b) having regard to the following principles—

(i) respect for Aboriginal peoples' human rights and cultural rights;

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

(iii) sustainable and flexible funding and resourcing for Aboriginal communities;

(iv) respect for cultural diversity and customary lore;

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

(vi) overcoming barriers including structural racism, discrimination and bias;

(vii) shared commitment, accountability and responsibility;

(viii) valuing and centring of Aboriginal culture, knowledge and expertise;

(ix) embedding cultural safety in policies, programs and services.

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

(a) providing them with the opportunity to express their views; and

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

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

(a) Aboriginal concepts of family include extended kinship relationships and family structures; and

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

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

(i) upholds their cultural rights; and

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