Young people in detention speak out in inaugural inspection report

‘Phase 2’ artwork by young person during the inspection.

The children and young people in South Australia’s youth detention centre have spoken. Bullying, dignity, respect and the need for more cultural programs are some of the topics raised in our just released inspection report: Great Responsibility: Report on the 2019 Pilot Inspection of the Adelaide Youth Training Centre (now known as the Kurlana Tapa Youth Justice Centre).

The report is the outcome of our first official inspection of the training centre, conducted in November last year. It represents the culmination of two years of hard work from our team in setting up the Training Centre Visitor program.

The voices of young people and the centre’s staff make for an honest account of life in the centre and are explored in detail in the report.

Our findings delve into whether the rights of the detained children and young people are being met and to what extent the centre’s environment contributes to its objectives of rehabilitation and reintegration of these young people back into the community.

The report contains 10 wide-ranging recommendations on how the centre can better provide for the needs of the young people, including a review as to whether there is an appropriate balance between a model based on security and correction on one hand and one that supports rehabilitation and reintegration on the other.

We give our heartfelt thanks to everyone who was involved in the inspection, specifically to the children and young people and staff who shared their personal experiences about what life in the centre is really like.

You can view the report in full.

We have also produced a child-friendly poster and brochure that offers a summary of what the young people told us and the recommendations we made in the report.

Training Centre Visitor team wraps up pilot inspection

The Training Centre Visitor Unit has wrapped up its pilot inspection of the Adelaide Youth Training Centre (AYTC).

As November marked the 30th anniversary of the United Nations Convention on the Rights of the Child, it is timely this inspection – which assesses the conditions and management of the children and young people who are detained there, and ensuring their rights are being upheld – was carried out.

Training Centre Visitor Penny Wright said the inspection is the cultivation of two years of hard work from the TCV Unit staff in establishing the TCV program and building relationships with the residents and staff.

“My dedicated team has worked hard, visiting the training centre every fortnight to advocate for the rights and best interests of the residents. Through this consistent visiting program we have been able to get an accurate picture of what life is like for the children and young people detained in the centre,” Penny said.

“By combining our learnings from the past two years with the voices of residents and staff we have heard during the inspection, we can create a better understanding of how to work together with Youth Justice to ensure the children and young people have a brighter future and have the capacity to reach their full potential.”

As part of the inspection, the TCV Unit staff met with AYTC residents, staff and management to talk about what life is like in the centre, covering topics such as resident safety, health care, cultural rights, respect and dignity, education and training, case planning and access to grievance processes. They also facilitated focus groups and reviewed documents.

Input from residents was enthusiastic and thoughtful and guarantees that our reporting can reflect their voices loudly and clearly.

Here are some of the things the residents told us:

  • ‘The health centre is my favourite place to go – it makes me happy and comfortable.’
  • ‘I like all the staff really’.
  • Respect is ‘talking to me normally and makes me feel good!’
  • ‘I am scared I will lose my grandpa while I am in here – and I am not able to hold his hand.’
  • Respect is ‘being believed and not made to be a liar.’
  • ‘I wanna pass that [year 11] and go do my SACE.’
  • ‘We should get more elders in.’
  • ‘The staff are heaps good. They talk to you in good ways, help you out. They care about you.’
  • ‘I identify myself as a young offender. The kids aren’t proud, they’re scared…’

We would like to thank the children and young people and AYTC staff and management for being part of this inaugural inspection and sharing their thoughts about what life in the centre is like for them.

Findings from the inspection will help shape the way the TCV program and future inspections are run and developed. The inspection also provides valuable experience as we gear up for the imminent introduction in South Australia of the United Nations’ Optional Protocol to the Convention Against Torture and other Cruel, Inhuman and Degrading Treatment or Punishment (OPCAT).

A formal Inspection Report will be provided to the Minister for Human Services for presentation to Parliament in early 2020.

Here are some of the artworks the residents created during the inspection.

TCV Unit prepares for pilot inspection to be held next month

The Training Centre Visitor (TCV) will conduct a pilot inspection of the Adelaide Youth Training Centre (AYTC) in late November. Such inspections, which are independent of government, aim to monitor standards and prevent abuse in places of detention. They are common around the world and elsewhere in Australia.

This pilot inspection is the first since the establishment of the TCV role and has been designed to provide oversight of the management of the training centre and the conditions of residents in the context of the Youth Justice Administration Act 2016, the Aboriginal and Torres Strait Islander Youth Justice Principle and the Charter of Rights for Youths Detained in Training Centres. Ultimately it is about ensuring the rights of the children and young people detained within the centre are being met and that the environment is conducive to meeting the objective of the Youth Justice Administration Act, including rehabilitation.

 What is the Training Centre Visitor Program?

The TCV Program was established in November 2017 to provide oversight of the rights of children and young people sentenced or remanded in custody in the AYTC. The role of Training Centre Visitor is held by Penny Wright (who is also the Guardian for Children and Young People) and she is supported by her staff in the TCV Unit to carry out functions outlined in the Youth Justice Administration Act 2016:

  • conduct visits to training centres
  • conduct inspections of training centres
  • promote the best interests of the residents of a training centre
  • act as an advocate for the residents of a training centre – to promote the resolution of issues to do with their care, treatment and control
  • inquire into and provide advice to the Minister in relation to any systemic reform needed to improve the care, treatment and control of residents or the management of a training centre, and
  • inquire into and investigate any matter referred by the Minister.

When is the pilot inspection?

The pilot inspection will be held over a week at the end of November.

How will the inspection be conducted?

Activities during the inspection week will include scheduled visits, individual interviews with residents, staff and management, focus groups and analysis of TCV and Departmental records from the past 12 months. These activities will be conducted at different times of the day and night, including the weekend, to give core stakeholders (e.g. residents and AYTC staff) the opportunity to be involved and have their say.

Information acquired, and observations made in the inspection process will then be complemented by information obtained through the TCV’s ongoing advocacy, visiting programs and reviews of records over the past 12 months. This will enable us to build a picture of life for children and young people detained at the AYTC during that time, not just those who are detained during the inspection week.

What will the inspection look at?

The inspection will address 10 Standards, and associated indicators, that have been drawn from the Youth Justice Administration Act 2016, the Aboriginal and Torres Strait Islander Youth Justice Principle and the Charter of Rights for Youths Detained in Training Centres.

These standards cover topics such as resident safety, health and access to proper health care, cultural rights (particularly for Aboriginal and Torres Strait Islander children and young people, who are seriously over-represented in detention), respect and dignity, education and training, case planning and access to grievance processes.

The standards and associated inspection methodologies have been developed specifically for this pilot inspection process.

Is the inspection complaint with OPCAT?

The inspection has been developed  to meet the requirements of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Australia finally ratified this international agreement to prevent mistreatment in places of detention in late 2017 and must put measures in place to implement its requirements by the end of 2020.

These measures include setting up a National Prevention Mechanism (NPM) that must be independent from government and responsive to the needs of those held in various ‘places of detention’, including youth justice facilities. The role and functions of the TCV in the Youth Justice Administration Act 2016 were drafted to complement OPCAT requirement. The pilot inspection has been similarly designed, to the extent that current resources allow.

What will happen after the inspection?

Findings from the pilot inspection will be analysed and documented in a formal report that will be provided to the Minister for Human Services for presentation to Parliament in early 2020.

The inspection is a milestone in the establishment and implementation of the Training Centre Visitor Program. As such, the formal report will detail learning from the inspection and related processes and also make proposals about how best the TCV program and an inspection regime can develop in future years.

More information

If you have any questions about the upcoming inspection please contact the Training Centre Visitor Unit at gcyp@gcyp.sa.gov.au or by phone on 8226 8570.

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.