Labor MPs Split Over Victorian Premier's 'Tough Love' Youth Detention Plan Ahead of Election

Children who commit low- and mid-level offences would face detention in secure facilities for schooling and treatment, with critics warning it imprisons children for trauma they have experienced.
Imprisoning children for traumas they have experienced rather than behaviours
Former commissioner Meena Singh on Victoria's $204m plan to detain children who commit low- and mid-level offences.
Mark

What is actually being proposed here?

Mimi

A $204m plan to send children who commit low- and mid-level offences to secure facilities, including the former Malmsbury youth justice centre, for schooling, drug and alcohol treatment and life skills.

Mark

Who is objecting?

Mimi

Meena Singh, the former Aboriginal children's commissioner, the Victorian Aboriginal Legal Service, the Justice Reform Initiative, and Trades Hall's Luke Hilakari.

Luke

Worth noting the "mandatory sentencing" label comes from critics. The premier's own wording was "mandatory detention" for those on a trajectory of offending.

Mark

Why are Labor MPs uneasy?

Mimi

Polls are brutal. DemosAU has Labor at 18% primary, RedBridge at 23% and 18 points behind on crime.

Luke

Those are two different polls, and none of them measured this policy specifically. Any link between the announcement and the numbers is the MPs' reading, not data.

Mark

And the MPs themselves?

Mimi

Six, across factions, all unauthorised to speak on the record. The right says it's too little too late; the left says values are abandoned.

Luke

Anonymous, so we can't weigh their motives or how representative they are. Also unknown: the plan's details, such as length of detention or how children would be selected.

Mark

What should we watch?

Mimi

Outer-suburban seats on crime, and inner-city seats where the Greens are surging.

  • A $204m plan would lock up children for low- and mid-level offences, and the backlash arrived within days.
  • Legal bodies, Aboriginal advocates and the Trades Hall have branded it mandatory sentencing, and the premier's own colleagues are whispering their doubts.
  • Labor is trying to win back crime-anxious outer-suburban voters with police reservists and new station funding, while the policy splits its base.
  • Polls have Labor at record lows, with the Greens rising and an open ticket in Prahran and Melbourne exposing the party's worst fears.

In a state where the memory of a government's record still weighs on a new leader, Victoria's premier has proposed sending children who commit smaller offences to secure facilities, a plan he frames as a kindness that breaks cycles of harm. Those who have spent their lives watching young people fall through the cracks hear something older and harsher, a familiar shape of punishment dressed in the language of care. The question now is less about the policy itself than about who the Labor Party believes it is speaking to, and whether a party can find its own voice while the polls press it from every side.

Until last December, Meena Singh led Victoria's commission for Aboriginal children and young people, and in all those years, she says, no one in government brought her anything like the proposal Premier Ben Carroll unveiled last week. His $204m "tough love" plan would send children who commit low- and mid-level offences to secure facilities, including the former Malmsbury youth justice centre, with schooling, treatment and life-skills instruction promised inside. Carroll told reporters that a young person heading toward knives or car theft could expect detention at Malmsbury, and that breaking that cycle could turn lives around. Singh, now a Monash law professor, says she is "quite horrified." Children in trouble, she argues, have reasons behind their behaviour, and locking them up means imprisoning them for trauma they have already suffered.

The objections have spread well beyond her. The Victorian Aboriginal Legal Service calls it "mandatory sentencing dressed up as political leadership," and the Justice Reform Initiative calls the response dramatically disproportionate. Trades Hall secretary Luke Hilakari wrote that he had assumed a year's detention for shoplifting or vandalism was a Liberal policy, noting groceries are among the most stolen goods, and urged the government to tackle disadvantage instead. Half a dozen Labor MPs, speaking anonymously, share the unease. Some say the party is handing the Liberals an easy win by campaigning on crime. Others, on the right, argue the policy arrives too late for outer-suburban voters who have been hearing about crime at every doorstep. A Labor strategist called it a metaphor for a party unsure of its identity.

The pressure is compounded by the numbers. A DemosAU poll put Labor's primary vote at 18%, its lowest ever, and a RedBridge survey had it at 23% and well behind the Coalition on crime. The Greens are climbing, and their own open-ticket call asks voters to put them first and One Nation last, a move that will cut into Labor in several seats. Carroll, who has sold himself as an economically conservative, socially progressive premier with a "New Premier, New Direction" message, now faces a harder question: whether a new direction can be drawn while so many of his own people are still reading the old map.

Until December last year, Meena Singh was Victoria's commissioner for Aboriginal children and young people, a post she had held since 2022. In all those years, she says, no one in the Victorian government came to her with anything resembling the proposal Premier Ben Carroll announced last week: a $204m "tough love" plan to send children who commit low- and mid-level offences to secure facilities, among them the former Malmsbury youth justice centre. The children would get schooling, drug and alcohol treatment and instruction in life skills.

Carroll put it bluntly to reporters last Sunday. A young person on the path toward carrying a knife or stealing cars, he said, can expect to be detained in the new mandatory detention at Malmsbury. He argued that breaking the cycle can turn young lives around.

Singh, now a professor at Monash law school, says she is "quite horrified." She told Guardian Australia it is very misleading to paint the imprisonment of children as therapeutic. Children in trouble with the law, she said, have reasons behind it, and detaining them is effectively imprisoning them for traumas they have experienced rather than for the behaviours they show.

She is not alone. The Victorian Aboriginal Legal Service called the announcement "mandatory sentencing dressed up as political leadership," and the Justice Reform Initiative described it as a "dramatically disproportionate response." Both groups were among those that criticised earlier Labor changes this term aimed at lowering the crime rate, including "adult time for violent crime" and tougher bail laws.

The criticism has also come from the union movement. Trades Hall secretary Luke Hilakari wrote on his personal social media account that he had honestly thought the policy of locking up children for a year for shoplifting or vandalism came from the Liberal party, noting that groceries are among the most commonly stolen items. He urged the government to fix disadvantage rather than deepen it, and to leave issues in the Liberal party's frame to the Liberals. He closed by sharing a DemosAU poll, released Monday, that put Labor's primary vote at 18%, the lowest in its history. That same day, Carroll was in South Melbourne promoting a $70m plan to hire police reservists to reopen police stations Labor closed during the term, plus $300m to build and renovate stations.

Half a dozen Labor MPs from across factional lines, none authorised to speak publicly, also raised concerns with Guardian Australia. Some said the party was handing the Liberals a free kick by campaigning on crime after presiding over rising crime rates and station closures. Others said they had gritted their teeth and backed the earlier measures in the hope of stemming the losses, but a RedBridge poll released Wednesday had Labor on a 23% primary vote and 18 points behind the Coalition on crime. "How are we here?" one MP asked. A Labor strategist, also anonymous, called the announcement a metaphor for the party's lack of clarity about its identity and message. The strategist was troubled that Davydd Griffiths, Labor's candidate in Melbourne, a seat held by Greens leader Ellen Sandell, stood behind the premier at the press conference, and said the week's focus on crime had scrapped any chance of taking the seat from the Greens.

The party's right sees it as too little, too late. Those MPs say crime hits working-class communities hardest, particularly in the outer-suburban seats Labor must hold, and that colleagues would have known sooner had they been in touch with constituents. Since the campaign began three weeks ago, one said, MPs have been copping it on crime while door knocking and at street stalls and shopping centres. The left, meanwhile, sees further proof that Labor has abandoned its values.

Carroll has pitched himself as a centrist and an "economically conservative, socially progressive premier," while distancing himself from a government he has been part of for more than a decade. The slogan on his campaign bus reads "New Premier, New Direction." Some worry that disowning the government's record also disowns the achievements of the past 12 years. One MP said a growing group of colleagues were "furious" that the new leadership had focused the campaign almost exclusively on the Big Build royal commission and law and order, two issues costing Labor votes.

There is evidence of leakage: Monday's DemosAU poll had the Greens at a record 17%, before Labor decided to run an open ticket in Prahran, which angered progressives. On Friday the Greens confirmed their own version of an open ticket, urging voters to put the Greens first and One Nation last. That will hurt Labor in several seats, capping another difficult week on the trail.

It is very misleading to try and paint the imprisonment of children as therapeutic.
— Meena Singh, former commissioner for Aboriginal children and young people
Mandatory sentencing dressed up as political leadership.
— Victorian Aboriginal Legal Service
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