The Guardian’s Newsletter – August 2019

In our August 2019 newsletter we explore the importance of education for children and young people in care by reflecting on:

• the importance of individual support in their education
• their rights to education
• the quantity of education provided by state schools.

Plus we celebrate the launch of our office’s artwork murals and share the work that our staff have been involved in over the last few months.

Young people share cultural considerations in court project

Aboriginal and Torres Strait Islander young people continue to be overrepresented in South Australia’s youth justice system. In 2017-18, Aboriginal children and young people made up 66 per cent of the average daily 10 to 17 year olds in detention in the Adelaide Youth Training Centre. This is despite constituting less than five per cent of the state’s total population of children and young people.

In response to these concerning statistics, the Courts Administration Authority (CAA) called on Training Centre Advocate Travis Thomas and Advocate, Aboriginal Children Conrad Morris from the Office of the Guardian to assist with a project to interview Aboriginal young people about their experiences in the youth justice, child protection and courts systems.

Travis and Conrad were asked to identify young people that could be involved in the project. They then held an initial workshop to brief the young people on what the process would involve and what kind of questions they may be asked. This created a safe environment that allowed the young people to open up about their experiences.

Despite being initially surprised at being asked to participate, both young people were eager to get involved and share their stories.

Training Centre Advocate, Travis Thomas, behind the scenes of filming

Led by Justice Martin Hinton, this was part of a larger project that aims to bridge the gap in existing cultural awareness training for Judges and Magistrates. The project interviewed Aboriginal South Australians of different ages and from different mobs, including Stolen Generations. It aimed to draw on the experiences of Aboriginal people who have come into contact with the justice system and bring to life the findings of many reports published.

‘That would help us to overcome things like systemic racism and ethnocentrism, and to better understand what we needed to do to deliver justice to Aboriginal people appearing in our courts,’ Justice Hinton says.

The CAA wanted to speak with young people in care and custody because of the known correlation between care experience and imprisonment later in life.

One of the key things Justice Hinton took away from the project is the understanding that things started going wrong for the young people when they were removed from their family and community.

‘Being taken into care and into custody separates them from family, many family members are also in custody. The effect on culture, identity and self-esteem is devastating. They struggle to know who they are,’ Justice Hinton says.

Both young people shared pride in their Aboriginal heritage with one saying, ‘it’s good because it makes me feel like I belong somewhere. Not every person can say I belong to these people and everything like that.’

With maturity and conviction beyond their years, they shared their lived experience of the system and dealing with the intergenerational trauma they have experienced as young Aboriginal people.

Another take away from the project was that young people don’t feel like they’re being listened to when they’re in court.

‘Children and young people in particular can lose their voice in the systems—they are talked at, not too or with. This is a familiar experience within the court system where children and young people rely on their representative to talk for them,’ says Travis.

This was affirmed, with one of the young people saying, ‘sometimes when I’m in court I’ll tell my lawyer to say stuff, he says it but he doesn’t say it in the way that I want him to say it’ and ‘I never understand what they say in court. I always ask to speak to my lawyer after to tell me what happened… You’re just in and out and then you have to be like what just happened, I don’t know.’

The young people involved voiced their opinions on what cultural considerations the Judges and Magistrates need to think about when working with Aboriginal young people.

When asked what they think the Judges don’t understand about being Aboriginal, one of the young people replied, ‘they don’t understand us. They don’t take the time to talk to us properly or talk to people that know us. Like if the Judge sat there and talked to my Nana, I reckon they would think different about me.’

Justice Hinton acknowledges that this program is, of course, not a silver bullet. However, he hopes the understanding taken from project will have a knock-on effect on the profession and begin to filter back into society generally.

‘This project will be a step in the all too slow process of the change that must happen,’ he says.

When asked what they would change about the system, one young person said it would be to ‘employ people who’ve already been through law and that. They could come in and help. Like other Indigenous people, non-Indigenous people, but still that’s been through the jail system. They would have a better understanding.’

Many others assisted the CAA and the Office of the Guardian in the project’s development and consultation. These included Steven Van Diermen from CAA, Shane Tongerie from Youth Justice and the Department of Child Protection for supporting the two young people to participate.

Connect to Culture Children’s Day

Last Friday staff from the Office of the Guardian joined in the celebrations of this year’s national Children’s Day at the Aboriginal Family Support Services’ Connect to Culture Children’s Day event.

Now in its third year, the event, which was held at the Parafield Gardens Recreation Centre, was a great way to celebrate the culture and strength of Aboriginal and Torres Strait Islander children and learn about the importance of culture, family and community in their lives.

There were a number of activities for children and adults alike, including weaving, painting, boomerang making, face painting, balloon twisting, jumping castles and live music.

To the delight of the children (and adults), Oog also made a surprise appearance and even busted out a few moves on the dance floor.


Aboriginal Family Support Services Cultural Advisor, Barbara Falla organised the third Connect to Culture event.

Quarterly advocacy report sees rise of in-mandate enquiries

There has been a 58 per cent increase in the number of enquiries within our mandate (i.e. in relation to children and young people in care) received by the Office of the Guardian in the last financial year, compared with the previous financial year.

The Office of the Guardian’s quarterly summary of individual advocacy data from April to June 2019 showed that in the last quarter 115 in-mandate enquiries were received, bringing the total of in-mandate enquiries for the 2018/19 financial year to 406, an increase from 256 from the previous year.

It is difficult to be sure about the reason for the dramatic increase but Assessment and Referral Officer Courtney Mostert said the increased presence of the Office of the Guardian’s staff out in the field and identifying individual needs for advocacy certainly contributed to the rise. The increase of children living in state care could also have been a contributing factor.

Of the 406 enquiries received, the majority of children were aged 10 to 17, lived in residential care and were requesting advocacy support.

The top four issues remained unchanged from the 2017/18 year, with having a secure and stable place to live being the greatest concern. This was followed by issues around having contact with their birth and extended family, not feeling safe, and feeling like they’re not playing an active role in the decision-making process for the issues that affect them.

Connecting Foster & Kinship Carers’ first birthday – 20 years on

Connecting Foster and Kinship Carers’ CEO, Fiona Endacott

Twenty years ago Connecting Foster Carers was a small self-help group of carers who met to exchange support and information in each other’s homes. Recently, Connecting Foster & Kinship Carers – SA celebrated it’s first year as a funded Carer Advocacy Service with it’s own offices and paid staff.

In her 2016 report The Life They Deserve Commissioner Margaret Nyland heard the calls from foster and kinship carers for an organisation that could advocate for them and her recommendation for a funded body was supported by the government.

‘Winning the funding meant we could expand what we do but we are still very much a grass roots organisation that focusses on the realities of carers,’ said Connecting Foster and Kinship Carers – SA Chief Executive Officer Fiona Endacott.

‘Carers can call us on our 1800 number seven days a week and if we are not there we guarantee to call back within 48 hours.  We provide helpful advice and support and, if it is needed, we advocate with and for them within the Out of Home Care system.

‘It’s important that we advocate firmly and respectfully so that we get matters resolved but also maintain good relationships with stakeholders within the system so we can work with them in the future.

‘Sometimes being a carer can be very isolating and the best thing we can do is to connect a carer with somebody in our Peer Support Network who understands what it means to be a carer and share their experiences.

‘The other important need for foster and kinship carers is information that is reliable and presented in a way that is useful to them.  We provide some basic information on our website but where we see a need we develop specific packages around important topics and run morning teas where we invite guests from government and non-government organisations to talk with carers.

‘We survey our members, now more than 800, every year.  In our last survey, understanding and managing children’s behaviour and helping young people to reach their potential were the top two issues.

‘Family based care provided by foster and kinship carers is still by far the best option for children who come into state care but each month the number of calls we get increases and so does the complexity of the matters that carers raise.

‘There is clearly still a lot of work for all of us to do,’ concluded Fiona.

You can find out more at the CF&KC-SA website, become a member or follow them on Facebook.

Email at [email protected] or phone 1800 732 272.

Office of the Guardian celebrates NAIDOC Week

This NAIDOC week we were fortunate to be involved in a number of events celebrating the history, culture and achievements of Aboriginal and Torres Strait Islander peoples.

This year’s theme ‘Voice. Treaty. Truth. Let’s work together for a shared future‘ acknowledges that Indigenous Australians have always wanted a greater role in the nation’s decision making processes.

Office of the Guardian and Training Centre Visitor staff at the NAIDOC Family Fun Day

Office of the Guardian and Training Centre Visitor Unit staff joined in the celebrations at the South Australian NAIDOC Family Fun Day at Tarntanyangga (Victoria Square). The event followed the NAIDOC March and included more than 40 stall holders from government and non-government organisations.

Unfortunately, the rainy weather kept Oog away, but the staff team had valuable discussions and shared some of our resources.

Voice. Treaty. Truth. poster painted by Arrin Hazelbane

Arrin Hazelbane from the Commissioner for Aboriginal Children and Young People kindly allowed us to display his poster at our stall after the march.

Office of the Guardian resources at the stall

New mural celebrates the talent of young people in care and detention

Some of the creators of the Office of the Guardian’s new foyer mural got to see it in place for the first time at a special party. Guardian Penny Wright complimented the young artists in care and in detention on their work and thanked artist Fran Callen and the many others in child protection and youth detention who helped bring the project to fruition over the last eight months.

NZ remand homes emphasise culture and connection

In 2017-18, half of the young people detained in the Adelaide Youth Training Centre were on remand, awaiting trial or sentencing.  Though not convicted of an offence, they are removed, often far, from family, community and culture adding to their stress and social dislocation and placing them into contact with young people already experienced in serious offending.

Faced with a similar situation, youth justice authorities in New Zealand have trialed a different approach.

Te Whare Awhi or ‘the home of support’ is a community-based remand home in Palmerston North in New Zealand’s north island. It opened in late 2017 and is one of five of its kind across the country. It provides an alternative to youth justice detention or police cells for young people on remand.

The intention is to create a safe home-like environment for young people going through the court process without taking them away from their community.

The length of stay depends on the circumstances, but the average is 30 days.

Kyle Kuiti is the Operations Manager of Youth Justice Residences and was previously Manager of Youth Justice Residence in Palmerston North, including Te Whare Awhi.

‘Taking them away from community strips them of everything…’

Mr Kuiti said this new approach sets residents up for a far more successful transition back to community.

‘Taking them away from community strips them of everything and then we’re left wondering why they fail,’ he said.

Initially, the remand homes were for young people on the lower end of the offending spectrum but they now house those charged with more serious offences for whom it is judged likely to be effective.

Before remand homes were established, there were few options for young people on remand. As in South Australia, young people were placed in youth justice detention because there was nowhere else for them to go.

The remand homes keep young people charged with minor offending away from more serious offenders and help prevent them returning to the justice system.

During their time in the remand homes, young Māoris remain part of the community. They’re encouraged to get involved with sporting clubs and other positive social activities and encouraged and supported to engage with education.

Kyle Kuiti said that initially communities were tentative when the remand homes were opened but now attitudes have changed.

‘When we do community projects now, the neighbours come in to give their support,’ he said.

New Zealand’s Māori young people are over-represented in the youth justice system, as are Aboriginal and Torres Strait Islander young people in Australia.

‘Everything we do is wrapped around culture…’

Mr Kuiti said incorporating Māori culture in youth justice is vital and that it’s at the centre of their practice.

‘Everything we do is wrapped around culture. Prior to this, we would talk about culture but we didn’t invest in it,’ he said.

Te whare tapa whā is a Māori model of care. It identifies four areas of Māori health—taha whanau (family health), taha tinana (physical health), taha hinengaro (mental health) and taha wairu (spiritual health).

The model envisages each of these as the four walls needed for the house to be strong. If one wall is weak or out of balance, the house is not stable.

Kyle Kuiti said this approach and model of care works with all young people, not just young Māoris.

‘We might just need to adapt it a little to fit with their culture. It’s not about trying to squeeze a family to fit into the model, it’s about working with them to make it fit for them.’

The remand homes are part of the community, not removed from it. Across New Zealand, iwi—Māori communities or extended kinship groups deliver a range of social services. Kyle Kuiti said it involves working with communities, rebuilding trust and connecting families with available services.

‘It’s about empowering communities to take care of themselves and working with families to determine their needs.’

‘We want to help young people realise they would rather be in communities than in a youth justice residence,’ he said.

The importance of a strong connection to culture

From observations and conversations with young residents, the Training Centre Visitor Unit has stressed the importance of a strong connection to culture for residents of the Adelaide Youth Training Centre – and the New Zealand model has appeal.

‘Allowing young people awaiting trial or sentencing to stay close to their community in a homelike facility would mean they could maintain vital kinship and cultural connections,’ said Training Centre Visitor Penny Wright.

In May this year, New Zealand’s Office of the Children’s Commissioner conducted a review of Oranga Tamariki—Ministry for Children and looked at remand decision-making for young people and their whānau (extended family or local community of related families). Its recommendations include that Oranga Tamariki significantly increase the number of community-based remand and specialist care options and that these facilities be located close to whānau and staffed by people experienced in working with young people.

Education of young people in care

For children and young people in care, the benefits of education go far beyond grades—it’s an opportunity to meet friends, learn new things and find a sense of stability. The Guardian’s report, Children and Young People in State Care in South Australian Government Schools 2008-2018 looks at how well the system serves their needs and identifies a number of ongoing trends.

In 2018, 60.9 per cent of all students in care were enrolled in South Australian Department for Education (DE) schools, up from 57 per cent in 2017. The remainder may be enrolled in non-government schools, below school age or not enrolled for other reasons.

In the same period, 34.7 per cent of children and young people in care in DE schools identified as Aboriginal, which compared to 6.4 per cent of all students in the DE population.

Absence and attendance

Children and young people in care enrolled in DE schools show a higher rate of absence at 13 per cent, compared to 9.5 per cent for the general school population. Absence rates are higher for students in secondary school than for those in primary school.

The report also finds Aboriginal children in care are more likely to be attending school than Aboriginal children not in care.

Suspension and exclusion

According to the report, suspension and exclusion rates are consistently higher for children and young people in care than the broader cohort. The DE defines suspension as times when the student does not attend school for one to five days and exclusion as when the student does not attend for four to ten weeks, or the rest of the term or semester for students over 16.

Students in care in DE schools are suspended at a rate four times higher than DE students not in care and the report identifies violence and the main reason for suspension.

Learning and intellectual disability

The proportion of children and young people with an identified disability continues to be significantly higher for those in care than the broader school population.

In 2018, 30.3 per cent of students in care in DE schools were classified as having a disability, compared to the state average of 9.8 per cent.

NAPLAN results

Data consistently indicates children and young people in care in DE schools achieve poorer outcomes in NAPLAN in relation to meeting the National Minimum Standard.

Participation rates in NAPLAN testing are low for students in care in DE schools. While many have valid reasons for not participating, this makes tracking the experience of young people in care difficult. For example, only around half of eligible Year 9 students participated in NAPLAN testing in 2018.

Check out the Guardian’s report Children and young people in state care in South Australian Government Schools 2008-18 for further analysis, available below.