ODDP failures prove reform essential to protect identities of First Nations kids
A parliamentary inquiry is hearing evidence today concerning the unauthorised disclosure by the Office of Director of Public Prosecutors of identifying information of a First Nations young person to 2GB.
Legal peak bodies and experts are calling for urgent reform to strengthen identity protections for children and young people in criminal proceedings.
Greens MP, solicitor and spokesperson for Justice Sue Higginson said “The circumstances that have led to the identification of a First Nations child, due to an unauthorised disclosure, also known as a “leak” from the ODPP to 2GB, are incredibly confronting and indicate a problem that needs to be fixed,”
“The Minns Labor Government need to urgently progress reforms to strictly prohibit the release of identity protections for vulnerable children. The Attorney General, Michael Daley should drive these reforms in the knowledge that he has the support of the Children’s Court, the Law Society of NSW, the Aboriginal Legal Service and other expert legal minds to do so,”
“Despite laws preventing children from being identified, the public is routinely being made aware of circumstances that can be pieced together to identify a child inadvertently. This is referred to as ‘jigsaw identification’ and it particularly happens in regional areas with close-knit communities who have intimate knowledge of a child’s circumstances. It’s clear we need stronger protections in law to make absolutely clear to police and prosecutors that this trend is unacceptable,”
“The matter that was examined by the Parliamentary Committee today is proof that identity protections for children in our court system are not fit for purpose. Our laws expressly prohibit identifying children but information tending to identify children often gets out. In regional communities the publication of a child’s age, the town they live in, and the circumstances of their offence are often more than enough to piece together a child’s identity and that puts children and young people in danger and it undermined their rehabilitation prospects,”
“When we have prosecutors and police bringing charges against children, who are disproportionately First Nations, we must remember that the aim of our criminal justice system should be to rehabilitate and divert children exhibiting offensive behaviour,”
“Instead, we often see police and prosecutors failing to truly consider the potential for the information they disclose to identify children and young people, we have even seen police posting mugshots of children on Facebook. This cavalier attitude and conduct undermines our criminal justice system and we need to put an end to it, ”
“We need brighter lines for police and prosecutors when we are talking about identifying children and young people at risk,” Ms Higginson said.