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House of Assembly - Fifty-First Parliament, Second Session (51-2)
2007-10-16 Daily Xml
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YOUTH JUSTICE REFORMS

The Hon. M.J. ATKINSON (Croydon—Attorney-General, Minister for Justice, Minister for Multicultural Affairs) (14:14): I seek leave to make a ministerial statement.

Leave granted.

The Hon. M.J. ATKINSON: I rise to make a statement on youth justice reforms that the government will be introducing to parliament in response to Monsignor Cappo's report—To Break the Cycle. When the report was published by the Premier in August, the government pledged to begin forthwith carrying out the 16 recommendations identified by Monsignor Cappo as urgent. I can inform members that the process of implementation is on track with those 16 recommendations wholly or in part already acted upon. Today I am outlining what legislative changes the government will be introducing to not only meet but also exceed the report's legislative recommendations on juvenile justice and public safety. These laws will allow serious repeat juvenile offenders to be tried as adults and give courts the authority to take into account public safety when sentencing young offenders (as a principal criterion).

The Hon. G.M. Gunn interjecting:

The Hon. M.J. ATKINSON: The government will also for the first time establish a youth parole board to deal specifically with recidivist young offenders.

Ms Chapman interjecting:

The SPEAKER: Order!

The Hon. M.J. ATKINSON: I share the concerns of those (like the member for Stuart) who feel that a hard core of young recidivist offenders are going straight back into crime after serving their sentence of youth detention. The revolving door is being bolted shut. Under the new legislation the Youth Court, when sentencing a young offender, can declare the offender to be a recidivist young offender. As such, that offender will have to face the youth parole board before release back into society. The youth parole board would review the offender's progress and determine whether to release the recidivist young offender. It would not order the release of the offender without taking into account matters such as public safety and the impact the release would have on a registered victim or a registered victim's family. The board can then set conditions for release and, if the offender breaches those conditions, police will then be allowed to apply directly to the board to return the offender to detention.

The Hon. R.B. Such interjecting:

The Hon. M.J. ATKINSON: The member for Fisher interjects about deterrence. General deterrence will be one of the criteria. That gives these recidivist offenders a clear message: break the terms of your release and you face going straight back inside. The youth parole board would be chaired by a judge of the Youth Court and include among its members someone with experience of the impact of crime on victims and a serving or former police officer with experience in the rehabilitation of young offenders.

The Hon. G.M. Gunn: Sam Bass?

The Hon. M.J. ATKINSON: I don't know that Sam had much experience in rehabilitation.

The Hon. P.F. Conlon: He certainly didn't rehabilitate the bloke at the Arkaba.

The Hon. M.J. ATKINSON: I will speak not as the Minister for Infrastructure about the Arkaba or any rehabilitation in which the former member for Florey was engaged at the Arkaba Hotel. Also, we will amend the Criminal Law Consolidation Act 1935 and the Criminal Law (Sentencing) Act 1988 to allow offences to be treated as aggravated. If an adult uses or exposes a child to the crime in committing the offence the offence will then attract a higher penalty. The government will also amend the Young Offenders Act 1993 to give the Director of Public Prosecutions the authority to refer an offence allegedly committed by a youth offender to the Magistrates Court where the youth would be tried as an adult or committed for trial to the District Court or Supreme Court.

This is action, not words or headlines. Juvenile justice is a vexed topic. It is not an area amenable to quick fixes. It requires a long-term commitment, a clear plan and leadership backed by strong legislation. In relation to the broader recommendations of Monsignor Cappo's report the government, as I have said already, wholly or in part has carried out the 16 urgent recommendations. I inform members that the implementation task force headed by former deputy commissioner of police John White has been formed, has met, and will continue to meet regularly, to monitor the implementation of the recommendations. John White met the South Australian Aboriginal Advisory Council last week to advise on the status of the implementation of the recommendations.

All the Operation Mandrake youth who have been convicted have been assessed and have a case management plan. Kurruru Indigenous Youth Performing Arts has been funded by the Social Inclusion Unit to implement programs for young Aboriginal people, including young males in contact with the juvenile justice system, to try to give them pride in their heritage and culture. The weekend before last, the state government Social Inclusion Unit supported the inaugural South Australian Sports and Cultural Festival at Moonta. The event was attended by more than 2,500 people. The government has a solid record of achievement on matters of law and order.

Mr Pengilly interjecting:

The Hon. M.J. ATKINSON: The member for Finniss scoffs, but this was the party that put Paul Habib Nemer behind bars in gaol and, if the Liberal Party had been in office, he never would have served a day in gaol. This is the opposition party that did not want to DNA test Bevan Spencer von Einem. Under this government crime has fallen by about 30 per cent. We have record numbers of police, convicted offenders are spending longer in gaol—

Mr Pengilly interjecting:

The Hon. M.J. ATKINSON: —and the member for Finniss did not win an absolute majority in any booth in his electorate. These new laws will change how we deal with juvenile offenders and are a part of our planned, responsible and tough approach to law and order.

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