The Adelaide Youth Training Centre – snapshot 2017-18

boy leaping in the airThe Adelaide Youth Training Centre  is housed on two campuses in Cavan, north of the Grand Junction Road.  One campus caters for female residents, younger male residents and young people in overnight remand and the other houses older male residents.

In 2017-18 there were 671 total admissions accounting for 329 individual young people of whom half or more were in remand awaiting trial.

On an average day in 2017-18  there were 44.31 young people residing in the Centre.  Of these:

  • 9.3 % were young women
  • 24.3% were under guardianship orders at the time they were admitted
  • 62.3% were of Aboriginal or Torres Strait Islander descent

This compares with highest daily occupancy (since the Magill and Cavan Centres were amalgamated) of 61.06 in 2012-13 and last year’s average daily occupancy of 49.07.

The age distribution of the young people at the time of admission was:

graph of ages at admission to AYTC 2017-18

 

 

Aboriginal children and young people in care and juvenile detention 2016-17

The proportion of Aboriginal children not placed according to the Aboriginal Child Placement Principle has continued to rise.

South Australia’s Aboriginal1 children and young people are vastly over-represented in in state care and in detention centres, according to the Productivity Commission’s Report on Government Services 2018 (ROGS 2018) and the trends are not positive.

The ROGS 2018 data on child protection showed that at 30 June 2017, Aboriginal children and young people comprised 33 per cent of all of those on care and protection orders and were 7.3 times as likely to be in out-of-home care as non-Aboriginal young people. In 2010-11 Aboriginal children and young people were 6.1 times as likely to be in care.

The proportion of Aboriginal young people placed according to the Aboriginal Child Placement Principle (i.e. with kin, within their community or with Aboriginal families), has been declining in recent years from 76.4 per cent in 2009 to 62.5 per cent in 2017, below the national average of 67.6 per cent. (See the chart at the head of this story.)

Though comprising 33 per cent of children and young people in care, Aboriginal children and young people comprised 38 percent of the population in residential care.

The ROGS 2018 data on youth justice services showed that in 2015-16, 58 per cent of the population of 10-17 year olds in youth detention were Aboriginal and that proportion has been growing in recent years. South Australia had significantly higher rates of detention of Aboriginal children and young people than the Australian average.

We present more data and charts about this subject from ROGS 2017 in the Guardian’s Snapshot of South Australian Aboriginal and Torres Strait Islander Children and Young People in Care and/or Youth Detention from the Report on Government Services 2016-17.

Download the Snapshot of South Australian Aboriginal and Torres Strait Islander Children and Young People in Care and/or Youth Detention from the Report on Government Services 2016-17 now.

1 Aboriginal community preference in South Australia is that the term Aboriginal is inclusive of Torres Strait Islander people, a usage we generally adopt in our reports

A Training Centre Visitor for young people in detention

Penny Wright is Training Centre Visitor in addition to being Guardian for Children and Young People. Work is well underway to set up the new Training Centre Visitor (TCV) Program established by the Youth Justice Administration Act, 2016.

At the heart of the new program is the obligation to listen to and promote the best interests of children and young people in the youth justice system. A major milestone is the commencement of Travis Thomas, the first Advocate to start developing relationships with residents at the two Adelaide Youth Training Centre (AYTC) sites.

The role of the TCV

The TCV will provide the South Australian community with independent scrutiny of the conditions and rights of children and young people in detention.  This is just the sort of independent oversight body’ proposed in recommendation 15.10 of the recent report of the Commonwealth Royal Commission into Institutional Responses to Child Sexual Abuse.

The TCV will promote the best interests of AYTC residents by mechanisms such as an advocacy service and ongoing visiting and formal inspection programs.  As is usual with independent positions of this sort, the TCV also can conduct inquiries about any matters referred by the Minister and can initiate an own motion inquiry about systemic reform.

Progress

With the recruitment of Advocate Travis Thomas to the team, work will prioritise dialogue with AYTC residents to advise them about the new TCV role and to build the relationship necessary to elicit and express their views, aspirations and needs.  Dialogue with other stakeholders will continue or be established, particularly AYTC staff and management, and the community and government agencies with an interest in youth justice.

The detailed work necessary to create an operational framework for the TCV Program is underway including the development of appropriate standards, guidelines and policies.  This will be done, as much as possible, to ensure that the TCV Program will work in line with international standards such as those that will come into force following Australia’s recent ratification of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT)

Special groups

Importantly, the Youth Justice Administration Act directs the TCV to respond to the needs of three particular groups of children and young people . They are Aboriginal and Torres Strait Islanders who are significantly over-represented, those who are under guardianship in the child protection system and those who have a physical, psychological or intellectual disability.

The TCV program will provide accessible, credible and culturally appropriate services that reflects and promote the views of AYTC residents about  their care, conditions, treatment and opportunities for development.  The program also will identify opportunities for improvements and promote systemic change in the youth justice sector.

The program will comply with Parliament’s requirement that all state authorities protect, respect and seek to give effect to rights set out in the United Nations Convention on the Rights of the Child and other relevant international human rights instruments affecting children and young people.  A focus for this will be reference to entitlements enshrined in the Charter of Rights for Youth Detained in Training Centres, also endorsed by Parliament.

Information sessions

The TCV Program team will host a series of information sessions in the coming months to provide further information to interested stakeholders.  If you would like further information or to attend, please email or phone Belinda Lorek or Alan Fairley on 8226 8570.

This story first appeared in the Guardian’s Newsletter for February 2018, downloadable here.

Mental illness and FASD in SA’s young offenders

picture of young person in hoodie

Findings from a recent study by paediatricians and researchers from the Telethon Kids Institute has revealed the high rate of neurodevelopmental impairment in young people in youth detention in Western Australia.

Almost 90 percent of detainees suffered from some sort of impairment and over one third showed severe physical and mental impairment due to excessive alcohol consumption by their mothers during pregnancy.

‘We must be concerned about the risk that similar rates of neurodevelopmental impairment and foetal alcohol syndrome disorder (FASD) exist among young offenders in South Australia’, said Guardian for Children and Young People, Penny Wright.

‘This study highlights the vulnerability of young people, particularly Aboriginal youth, within the justice system and the importance of reliable diagnosis to identify their strengths and difficulties, in order to guide and improve their rehabilitation.

‘Young people with neuro-developmental impairments need early assessment and diagnosis, appropriate interventions and access to support.

‘Knowing if young people are affected by these disorders will enable our community to create more effective diversion programs when they come in contact with the youth justice system and better rehabilitation programs for those who end up in custody.

‘Diagnosing these disorders is a complex process requiring skilled practitioners but the investment would more than pay off in terms of diverting young people away from offending and helping those who do offend return as positive members of the community.

‘A submission made by the National Organisation for Foetal Alcohol Syndrome and Related Disorders to the South Australian Inquiry into the Sale and Consumption of Alcohol in 2013 called for all people entering prison or juvenile detention to be screened for FASD.

‘The submission noted that “Current cognitive behavioural approaches used both in custodial settings and in the community are ineffective for individuals with FASD and it is highly likely that this is a contributing factor in high rates of recidivism.”

‘Understanding the prevalence of FASD in youth detention in South Australia is a crucial step in ensuring effective interventions to promote support and rehabilitation.’
You can download the Guardian’s media release from this link.

Two bills critical to the treatment of SA’s young offenders

picture of Penny Wright

7 November 2017

It is now just over three months since I took up the role of Guardian and to say it has been a busy time is an understatement! A new job always brings many pressing tasks – but I have been keen to get out into the field and meet as many people as I can among the vast range who have a stake in, and a commitment to, the work we do. Most importantly, I’ve already had the chance to meet some of the children and young people who benefit from our work – both in the office and at the Adelaide Youth Training Centre.

I’ve also set about acquainting myself with the knowledge and expertise that underpins the work carried out by the Office of the Guardian since 2004, coming to grips with the post-Nyland Royal Commission landscape and wrangling some of the administrative and human resource intricacies of my role.

But all of this took a backseat for a time when we needed to respond urgently to some important legislation that, if passed by the South Australian Parliament, would have significantly affected the children and young people for whom we work. One of the bills, the Statutes Amendment (Recidivist and Repeat Offender) Bill 2017 was ultimately not passed in the Upper House. We expect the other, the Statutes Amendment (Sentencing Youths as Adults) Bill 2017, to go to a final vote in mid-November. My office produced a substantial submission on this bill and an opinion piece published in the Advertiser, detailing why it is inappropriate to treat children as adults for the purposes of sentencing when we do not do so in so many other areas of life. It is ironic that the young people who would be affected by this change have not been entrusted with the right to vote for our parliament because they are not adults. We remain hopeful that the MPs who do have the final vote will cast it thoughtfully, mindful of the national and international standards which the bill infringes.

Other events this quarter have included a review of the GCYP Strategic Plan, which has involved extensive discussion and contemplation about our vision and how we might get there. We are still working on this and I will report on the finalised Plan in the next newsletter. We are also looking to expand or move from our current site as we have outgrown our space. The team is adapting with good humour and forbearance but things are becoming increasingly ‘squeezy’ and we have run out of nooks and crannies.

In the new year I intend to visit more sites, meet more departmental staff in both the child protection and youth justice jurisdictions and hear from more interested and affected participants in these systems – including non-government agencies, carers and concerned community members.

Above all, I will be ensuring I actively listen to the children and young people for whom our office works. As well as capturing their views through the work of the Advocate team, we are exploring new ways to maximise our capacity to hear the ‘voice’ of those who are most intimately affected by the child protection and the youth detention system. We must hear that voice, and share it with all those of us who need to hear it. And together we must heed it.

More about developments and activities at the Guardian’s Office are in the September – November Quarterly Activity Report.

Rehabilitation programs are still effective at reducing youth re-offending

picture of andrew day and catia malvoso

Andrew Day and Catia Malvaso

In April 2013 we published an interview with Professor Andrew Day which discussed the importance of rehabilitation for those young people who find themselves involved with the justice system. It pointed to the research evidence that clearly demonstated that good programs, when they are well implemented, can reduce youth re-offending rates by up to 40 per cent. He argued that the most effective programs were those  delivered by well-trained and motivated staff who receive good supervision and support.

So, what has changed in offender rehabilitation since that time?

The evidence continues to accumulate that young offender rehabilitation programs can reduce offending behaviour, particularly when they target those who are at high risk of committing further offences. And yet there have also been changes in the last few years in how we think about rehabilitation. We have, for example, begun to move away from a focus on ‘treatment’ programs that view risk as a personality trait that needs to be modified, to more sophisticated approaches that consider how the risk of offending develops over the life of a young person.

We invited Professor Day, now at James Cook University, and his colleague Catia Malvaso at the University of Adelaide to explain how new insights are enabling us to think about and respond to offending by young people more effectively.

You can download their paper here.

The Adelaide Youth Training Centre – snapshot 2016-17

3 October, 2017

The Adelaide Youth Training Centre (AYTC) is housed on two campuses in Cavan, north of the Grand Junction road.  One campus caters for female residents, younger male residents and young people in overnight remand and the other houses older male residents.

In 2016-17 there were 887 total admissions accounting for 388 individual young people1 of whom half or more were in remand awaiting trial.

Of the 388 young people admitted, at the time of first admission:

  • 23.2 % were young women
  • 21.9% were under guardianship orders
  • 48.5% were of Aboriginal or Torres Strait Islander descent2

The age distribution of the young people at the time of admission was:

ages in AYTC 2016-17

On an average day in 2016-17 there were 49.07 young people housed in the Centre.  This compares with highest daily occupancy since the Magill and Cavan Centres were amalgamated of 61.06 in 2012-13 and the lowest of 47.89 in 2014-15.

 

 

 

1 Some young people are remanded on several occasions or serve several custodial sentences in one 12 month period.

2 The proportion of Aboriginal and Torres Strait young people in the average daily population in of the AYTC in 2016-17 was 62.42% suggesting that their average stay was longer than non-Indigenous residents.

Australia’s OPCAT ratification signals a shakeup in SA’s youth detention oversight

26 June 2017

The oversight of the South Australia’s Youth Training Centre will be energised by the Australian Government’s ratification of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

This coincides with work in South Australia on Youth Justice Administration Act 2016 initiatives such as the Training Centre Visitor program.

Recent revelations of the abuse of young people in the Don Dale Youth Detention Centre and the treatment of other young people in detention centres across Australia, are likely to have been a catalyst for the Government’s decision to ratify.  Last year Australian citizens were shocked to view footage showing young men being tear-gassed, spit-hooded and shackled in the Northern Territory’s youth detention system. This triggered the Royal Commission into the Protection and Detention of Children in the Northern Territory and Commonwealth Attorney General George Brandis suggested the scandal may not have occurred if better oversight bodies had been in place.[1] 

Human Rights Commissioner, Ed Santow, said;

“When a person is detained in prison, a mental health facility, anywhere, they remain human…Protecting their basic dignity is just as important as it was before their detention.”[2] 

In 2009, Australia became a signatory of OPCAT, the aim of which is to prevent mistreatment and promote humane conditions in detention by establishing systems for independent monitoring and inspection.

But ratification is a much greater commitment.

Ratification will make the treaty binding on Australia, and will apply to all places of detention including prisons, police cells, juvenile and immigration detention and secure mental health and disability facilities.

Australian Children’s Commissioner Megan Mitchell said, ‘We must ensure that we foster a culture of care in our youth justice systems, that is grounded in respect for human rights and the best interests of children and young people.’

Implementing OPCAT will require Australian governments to permit visits from the United Nations Subcommittee on the Prevention of Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment to any place of detention within Australia.  It will mandate the establishment of an independent National Preventative Mechanism and identify suitable independent inspecting bodies to conduct inspections of all places of detention.

Ratification will include a requirement in law to undertake regular preventive visits to specified places of detention.

The Commonwealth Ombudsman in collaboration with the states, territories and other relevant parties, will be in charge of coordinating inspections and oversight in Australia.

South Australia has already made a start in looking at protections for young people in youth detention with the passage of the Youth Justice Administration Act 2016 in and the adoption of the Youth Justice Administration Regulations 2016.  Among other things, the Act provides for additional sentencing options for young offenders, a charter of rights for young people in youth justice detention and directs the establishment of an official Training Centre Visitor scheme.

Taking on the role of Training Centre Visitor, Guardian Amanda Shaw says that the Guardian’s Office will be very involved with the OPCAT process in this state.

‘The Office is looking forward to working with the State and Commonwealth Governments over the next few months to ensure that the full range of OPCAT protections are extended to young South Australians,’ she said.

For a detailed look at OPCAT in Australia read the recently released discussion paper published by the Australian Human Rights Commission.

[1] Oversight may Have prevented Don Dale: AG, SBS 9 February 2017

[2] OPCAT:Australia makes long-awaited pledge to ratify international torture treaty, Alexandra Beech, ABC 9 February 2017

Young people in state care overrepresented in the youth justice system

15 November, 2016

Young people in care are much more likely than their age peers to be involved with the youth justice system and a recent analysis by the Australian Institute of Health and Welfare (AIHW)[1] has demonstrated exactly to what extent.

Of the 30,402 young people involved in the child protection system or under youth justice supervision at some time during 2014–15 in participating  jurisdictions[2], 1,499 (4.9%) were in both child protection and under youth justice supervision in that year.

For the purpose of the following, please note that youth justice supervision refers to both community based supervision and youth detention:

  • young people (aged 10 to 17 years) in the child protection system were 14 times as likely as their peer population to be under youth justice supervision
  • Aboriginal young people in the child protection system were more than twice as likely as non-Aboriginal to be under youth justice supervision (10.4% compared with 4.3%)
  • 40.8% of those in detention were involved in the child protection system which is 19 times the rate for the general population
  • 32.1% of those under community-based supervision also were in the child protection system
  • the younger someone was at their first youth justice supervision, the more likely they were also to be in child protection
  • in South Australia in the same period, of the 827 admissions to youth justice detention, 22.6% were under guardianship of the Minister at the time of admission.3 

The policy and program environment in our state right now is fortunately placed to address the needs of the children and young people who are caught in this ‘cross over’ situation:

  • the creation of a new statutory position – the Training Centre Visitor – under the Youth Justice Administration Act 2016
  • [ddownload id=”7824″ style=”link” text=”research on the program needs of youth justice clients in South Australia”] and
  • the recommended introduction of a Community Visitor Scheme for children and young people in residential care. 

Please join the discussion on child protection reform via the reply box below. 

1 Australian Institute of Health and Welfare 2016. Young people in child protection and under youth justice supervision 2014–15. Data linkage series no. 22. Cat. no. CSI 24. Canberra: AIHW http://www.aihw.gov.au/WorkArea/DownloadAsset.aspx?id=60129557321

2 New South Wales and the Northern Territory did not contribute data.

3 SA figures are from data supplied the Department for Communities and Social Inclusion – Youth Justice Division.

Statistics about children in care – June 2016

13 October, 2016

graphic of little graphThe year 2015-16 saw the number of South Australian children under care and guardianship-to-18 orders increase by 324 or 12 per cent since June 2015.

.Also increased was the proportion of children in care of Aboriginal or Torres Strait Islander heritage from 29.4 to 32.8 per cent and the proportion in kinship care from 37.6 to 39.5 per cent.

.There is also data on where children in care live, gender and age breakdowns as well as data on the numbers of children held in secure care in Statistics about children in care and secure care – June 2016.

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