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House of Assembly - Fifty-Fourth Parliament, First Session (54-1)
2019-12-04 Daily Xml
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Bills

Youth Justice Administration (Functions of Training Centre Visitor) Amendment Bill

Introduction and First Reading

Ms COOK (Hurtle Vale) (10:31): Obtained leave and introduced a bill for an act to amend the Youth Justice Administration Act 2016. Read a first time.

Second Reading

Ms COOK (Hurtle Vale) (10:32): I move:

That this bill be now read a second time.

I seek leave to have the second reading explanation inserted in Hansard without my reading it.

Leave granted.

South Australia's youth justice system is of huge important to our State.

The evidence tells us that young offenders should not be treated in the same way as adult offenders. Their brains are yet to be fully developed, their decision-making capacity is often lesser, and prospects for rehabilitation are higher.

Our State's Youth Training Centre is a recognition of this. It is not a gaol or a prison—it is a secure place for young offenders to be supported, to undertake rehabilitation programs, and to be prepared as best they can to make a positive contribution to society as adults.

We know, too, that residents of the Youth Training Centre often have many factors which led to their offending in the first place.

Instances of childhood trauma, contact with the child protection system, and other factors are far more prevalent in the Youth Training Centre than in the wider population.

These principles informed the Youth Justice Administration Act 2016, and should always inform our approach to youth justice policy.

A key component of the Act is the role of Training Centre Visitor—an independent statutory officer with powers to visit the Adelaide Youth Training Centre, inspect its facilities and advocate for the rights and welfare of its residents.

The current and inaugural Visitor is also our State's Guardian for Children and Young People, Ms Penny Wright.

Ms Wright, a former South Australian Senator, is well-respected for her work advocating for vulnerable young people.

In the 2017-18 Training Centre Visitor Annual Report, presented to the Minister for Human Services on 28 September 2018, the Visitor outlines Crown Law advice she received about the statutory basis for her role.

She raises two key issues:

Scope of Mandate

Firstly, the limitations of Section 14 of the Act, which outlines the Training Centre Visitor's functions. The Visitor reports that the advice interprets the definition of 'resident of a training centre' in section 14 to refer only to those residents at times they are physically located within the Adelaide Youth Training Centre.

The Visitor raises concerns about the impact of such an interpretation on her ability to advocate for residents of the Youth Training Centre.

She expresses concern that children who are receiving mental health treatment in Boylan Ward at the Women's and Children's Hospital, or are appearing in the Youth Court, or are otherwise outside of the Centre's premises would not fall within the scope of her mandate.

Even in these locations, young people are still residents of the Youth Training Centre. They leave the Training Centre to attend these locations, and return to the Centre afterwards.

The possibility that the Visitor is unable to advocate on behalf of children in these settings is therefore of significant concern.

In her 2017-18 annual report, the Visitor describes the outcomes of consultation with Training Centre Residents, who told the Visitor they wanted a 'consistency of TCV Unit staff with whom they can build a relationship …an advocate with whom they can build trust and confidence… accessibility when they need support (without delay), and… confidential simple self-referral opportunities'.

These important outcomes are undermined if the Visitor cannot advocate on a child's behalf, just because an incident occurs outside the walls of the Adelaide Youth Training Centre.

The Bill proposes a simple amendment to Section 14 of the Act, to clarify that the Training Centre Visitor's mandate applies to Training Centre Residents—whether or not they are within the walls of the Centre at the time of an incident.

Delegation

The second issue raised by the Visitor was that of delegation.

The Training Centre Visitor Unit consists of 2.5 FTE staff, plus the Visitor herself. The Visitor—like other statutory officers—ought to be able to rely on her staff to carry out some of her functions and support her in her important work.

However, the Visitor's 2017-18 Annual Report states that:

'Crown Law advice indicated that the Training Centre Visitor has no formal power under the Act to delegate powers and functions to staff to implement the TCV Program, including core requirements such as the capacity to conduct visits to, or inspect, the Training Centre'.

I note that Section 23 of the Children and Young People (Oversight and Advocacy Bodies) Act 2016 gives such a power of delegation to the Guardian for Children and Young People. That an equivalent power is missing for the Training Centre Visitor's role may simply be an oversight, and one that is easily remedied.

To that end, this Bill inserts a new section to allow the Visitor to delegate functions to others. Importantly, such delegations do not impede the Visitor's ability to undertake those functions personally, and can be revoked at any time.

2018-19 Annual Report and Minister's Response

Disappointingly, the Minister for Human Services—as the Minister to whom the Youth Justice Administration Act is committed—did not act on the Visitor's recommendations.

A full year after first making them, the Visitor again restated her recommendations in her 2018-19 Annual Report.

On 31 October 2019, the Minister for Human Services was asked questions on these issues in the other place.

The Minister's answers make clear she does not intend to act on the Visitor's recommendations and believes them to be unnecessary.

I would suggest that these amendments are relatively straightforward but would go a long way to ensuring the safety of children who reside in the Adelaide Youth Training Centre. They would also reassure the Visitor and her staff that they have the necessary legal basis to carry out this important work.

The Training Centre Visitor's reports have shone a light on serious issues in the Adelaide Youth Training Centre, and provided a voice for children who are at real risk of otherwise being voiceless.

I believe it is imperative that the Parliament ensure the Visitor has the necessary legal basis upon which to provide that voice – and for that reason, I commend the Bill to the House.

Explanation of Clauses

Part 1—Preliminary

1—Short title

2—Amendment provisions

These clauses are formal

Part 2—Amendment of Youth Justice Administration Act 2016

3—Insertion of section 11A

This clause inserts a new section 11A

11A—Delegation

Enables the Training Centre Visitor to delegate any powers, duties or functions to another person. This delegation must be in writing, and does not derogate from the power of the Visitor to act personally in any matter.

4—Amendment of section 14—Training Centre Visitor's functions

This clause inserts a new subsection (4), which provides that the Visitor may exercise their functions in respect of a resident of a training centre, even if the resident is physically outside of the training centre at which they are being detained or are to be detained.

Debate adjourned on motion of Mr Pederick.

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