NT Introduces Youth Justice Legislation Amendment Bill Following Royal Commission Interim Report
Tuesday 29 August 2017 @ 10.35 a.m. | Crime | Legal Research
On 23 August 2017, the Northern Territory Government introduced the Youth Justice Legislation Amendment Bill 2017 (NT) (‘the Bill’) in Parliament as an effort to fix the core legislation relating to youth justice in the wake of the Royal Commission into the Protection and Detention of Children in the Northern Territory ('the Commission'). The Commission is a response to the controversial and shocking ABC Four Corners report into the Don Dale Youth Detention Centre, shown on the ABC on 25 July 2016.
Key Amendments
The Bill proposes to amend, among others, the Youth Justice Act 2005 (NT) , the Bail Act 1982 (NT), and the Correctional Services Act 2014 (NT), and will move relevant functions relating to juvenile justice under the single Youth Justice Act 2005 (NT). The main amendments also include provisions relating to the use of electronic monitoring devices. There are also provisions relating to the appointment of community youth justice officers, who will exercise the following key functions:
- Preparing reports for the Court;
- Supervising the compliance of a youth who is the subject of a monitoring order; and
- Directing youths to undertake prescribed alcohol and drug testing.
Minister for Territory Families, Ms Dale Wakefield argued that the Bill would be a necessary step to fix the core legislation by separating youth justice from the adult prison system. She said in amedia release:
“We are delivering on our promise to fix the broken youth justice system by taking this critical step to get our core legislation right. These changes reflect our priority to have child protection and youth justice under the one portfolio as we recognise that children are different to adults and need to be treated as such. Every contact a child has with youth justice system should be seen as an opportunity to get them back on track and break the cycle of crime. Connecting our services from the highest levels of government provides the tools and resources for us to better support children and families to make the positive changes.”
The Royal Commission’s Interim Report
Earlier this year, the Commission released their interim report, which did not contain any recommendations but articulated some key findings focusing on the over-representation of Aboriginal children and male children in juvenile detention, and the strong link between juvenile detention and care and protection services.
Commissioner Mike Gooda said that there were no recommendations in the interim report because key witneses, former minister John Elferink and former Corrections Commissioner Ken Middlebrook had not been questioned yet. However there have been criticisms over the absence of recommendations in academic circles. It is noted however in the media release by Minister Wakefield that the new Bill will be the first of a series of reforms to the youth justice system, and the Labor Government will be legislating for a brand new youth justice system next year, guided by the full report of the Commission.
The full report from the Commission is due on 30 September 2017.
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Sources:
Youth Justice Legislation Amendment Bill 2017 (NT), as published on TimeBase LawOne.
Dale Wakefield, Minister for Territory Families, ‘Important step for youth justice reforms,’ (media release) 23 August 2017.
Thalia Anthony, ‘Young people’s voices are all but invisible in the Don Dale royal commission’s interim report,’ (The Conversation) 6 April 2017.
Royal Commission into the Protection of Detention of Children in the Northern Territory, Interim Report.
