In November last year, a NSW Legislative Council Select Committee on Youth Justice was announced. Shadow Minister for Youth Justice, the Hon. Aileen MacDonald MLC OAM, introduced the motion, and will serve as Chair of the committee. The intention is a comprehensive examination of the causes for offending, effectiveness of diversion and early intervention, high rates of incarceration of Aboriginal children, and evidence-based solutions to reduce offending. Submissions close on 13 March.
Macdonald points out that youth detention in NSW has risen by 34 per cent in just two years and notes that more than 70 per cent of children in custody are unsentenced. Almost 60 per cent are Aboriginal.
MacDonald explains her motivation to LSJ Online. “One of the reasons I felt it was so important to establish this Committee was to create a space for evidence, lived experience and frontline expertise to be properly heard. Before progressing the inquiry, I deliberately spoke with colleagues across the Parliament to ensure there was genuine bipartisan support — because youth justice should never be reduced to politics. It is about getting better outcomes for young people, for staff working in the system, and for the community.”
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Prior to 2006, young people could be placed in confinement for a maximum of three hours in the case of detainees under 16 years old or 12 hours in the case of detainees 16 years or over. The Children (Detention Centres) Amendment Act 2006 increased these limits to 12 hours and 24 hours respectively.
Amongst the measures provided for in Section 21 of the Act, are the “Use of force, separation, segregation and confinement in NSW juvenile justice centres exclusion from, or confinement to, a place for a period not exceeding 12 hours or, in the case of a detainee of or over the age of 16 years, not exceeding 24 hours”.
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In November, the Justice and Equity Centre (JEC) was in the NSW Supreme Court representing a client who was held alone in a cell for 25 days, aged just 17.
