Art workshops inspiring more than just a logo

Artist and youth mentor Shane Cook

A group of young people in the Kurlana Tapa Youth Justice Centre (formerly the Adelaide Youth Training Centre) recently put their artistic ideas to paper in a series of art workshops.

The workshops gave the young people the opportunity to inspire a new logo for the Training Centre Visitor, as well as providing input into a larger piece of artwork to design and promote the Charter of Rights for Youths Detained in Detention Centres. The added bonus for the young participants was the chance to work with Aboriginal artist and youth mentor Shane Mankitya Cook.

Throughout the workshops, Shane provided the young people, who were selected based on their own interest in art, guidance on getting artistic ideas onto paper and exploring these further. He also shared his own experience of growing up – which he described as ‘full of adversity’ – and how he overcame these challenges through art and connecting with his culture.​

Shane said working with the participants was a great experience for him and everyone involved.

“I’m very passionate about helping others engage in mindful activities such as art, as I have experienced how powerful it can be for our mental health,” Shane said.

“Also assisting young people with an opportunity to create artwork that will then go on to be published is a great accomplishment. The participants engaged with the workshops really well. I am very proud of them and the work they contributed to this project,” he said.

The centre’s Programs Manager Paul Aardenburg was also pleased with the young people’s involvement in the workshops and Shane’s ability to quickly develop a great rapport with them.

“Shane shared his journey with the young people and reinforced to them that positive change is possible,” Paul said.

Shane will now take the ideas created in the workshops and build on these to develop a logo and artwork for the Charter, alongside a graphic designer. This work is part of a bigger project that is currently underway to develop some exciting branding for our office which we hope to launch in a few months.

We would like to thank the young participants, Shane, and Paul and his team for all their efforts in being part of the workshops.

Feedback from all those involved said the workshops were excellent and the young people were especially excited to see the finished product. We couldn’t agree more!

Artwork in the making.

 

Breaking down communication barriers in youth detention – the real difference “speechies” can make!


Senior Speech Pathologists Melissa Saliba (left) and Larissa Ashton

It is estimated 90% of young people in the Adelaide Youth Training Centre (AYTC) are at risk of having a language difficulty*. A language difficulty is when a person has trouble understanding what is being said to them and is unable to express themselves clearly through their words, sentences and stories. And the effects of such a difficulty can be devastating.

“A person ‘at risk’ of having a language difficulty means if they underwent further detailed assessment, it is quite possible they would be diagnosed as having a language disorder,” according to Senior Speech Pathologist with DHS’s Youth Justice Division, Melissa Saliba.

“When a person cannot communicate and process language well, they can become frustrated, and if they are not supported or their needs are not met, it can result in the downward spiral of disengaging from school and making poor decisions,” Melissa said.

Melissa is one of the speech pathologists working with young people in the youth justice system (including in the AYTC) as part of Youth Justice’s state-wide rehabilitation program. The program aims to give young people access to speech pathologists, psychologists and occupational therapists, to help improve their short- and long-term outcomes.

AYTC Senior Speech Pathologist Larissa Ashton said the biggest problem is that communication difficulties often go undiagnosed.

“A lot of young people don’t know they have a language difficulty and have just ‘survived’. They are also very good at hiding their issues,” Larissa said.

“For others who do know they have difficulties, they often don’t have the necessary supports and opportunities to overcome them. Quite often the first time a young person receives support is once they have been detained at the centre.”

Both Melissa and Larissa have been working alongside the psychologists and occupational therapist who work with the young people, to piece together a young person’s needs and identify what support they need.

“Rather than seeing a young person as misbehaving, we explore the underlining reason for their behaviour and identify what support they might need,” Melissa said.

Once a young person is referred to the speech pathology service, the team then work with the young person, their families, school and other service providers to create an overall picture of what the young person is doing well in, and where they need help.

“Once we have assessed what their communication needs are, we will work with the young person, in the visitor centre, the unit or their classroom, to identify ways to help overcome some of their communication difficulties,” Melissa said. “We aim to work towards a focussed goal – for example, meeting new people.”

“Young people are keen to hear the results of their individual assessment. Knowing they have a language difficulty helps things make sense for them,” Larissa said. “After a session they often ask when we will be back, so our engagement seems to be making an impact.”

The role of the AYTC’s speech pathologists doesn’t just include working with young people. The speech pathology team also works directly with AYTC staff and service providers (both in and outside the centre) who work with the young people, to help them communicate in a way that is accessible and can be understood.

“It can be as simple as adjusting the way they communicate, like by adding more visual context, simplifying their language and checking in with the young person to ask if they understand what is being said,” Melissa said.

Since their time within the centre, both Larissa and Melissa have noticed staff becoming more adept at noticing the signs of language difficulties and have changed the way they communicate with the young people.

In the future, the speech pathology team hopes to review the written policies and consent forms given to residents to ensure they can fully understand their rights and responsibilities while in the centre.

Due to the current COVID-19 restrictions, the speech pathology team – along with AYTC’s other allied health services – is continuing to provide services to the young people via phone. Work is currently underway by the AYTC and the Department for Human Services to obtain the equipment needed to provide these services via video calls.

You can see just what a difference targeted speech pathology made for a particular young person in the NSW youth justice system in this inspiring video.

Identifying communication difficulties

Here are some signs that a young person has communication difficulties:

  • often says “I don’t know” or “I forgot”
  • uses lots of vague words (eg “things” or “stuff”)
  • unable to paraphrase what you have told them
  • cannot follow instructions
  • avoids reading or writing tasks
  • avoids eye contact.

What can you do if you suspect a young person has a communication difficulty?

  • Simplify the language you use when talking to young people – use short sentences, avoid jargon and keep instructions brief
  • Try using images (e.g drawings, pictures, a few written words) when communicating to a young person
  • Check in with the young person to ask if they understand what you have said
  • Seek help from a qualified speech pathologist.

*This 90% figure is based on results from a language screening assessment undertaken as part of the 2019 AYTC screening project to assess the needs of the young people and look at what services they may need.

Call to raise the minimum age of criminal responsibility

boy leaping in the air

Across Australia a child as young as 10 can be locked up in detention for breaking the law. Time in detention is meant to ‘teach them a lesson’ and to change their criminal behaviours, but all the evidence tells us detention does nothing to deter the child from committing future crimes. In fact, the younger the child is to have contact with youth justice, the higher the chances they have of further offending and starting on the path to a life-long involvement in the criminal justice system.

Last financial year, 51 individual children and young people aged between 10 and 13 were admitted to the Adelaide Youth Training Centre (AYTC). They were admitted a total of 131 times, meaning that on average, each was detained at the centre more than twice. It is important to note most children held in the AYTC have not even been convicted of committing a crime.

This raises a significant concern that these young children are not getting the right support they need to address their offending behaviours, both in detention and out in the community. Studies show that to help rehabilitate these young children they need access to family, culture, education, support for individual disabilities, and opportunities to promote healing from past trauma that many of this cohort have experienced.

There is a growing momentum in Australia to raise the minimum age of criminal responsibility to at least 14. This is supported by the Australian and New Zealand Children’s Commissioners and Guardians and backed up by the United Nations Committee on the Rights of the Child who late last year called for Australia to raise the minimum age. The just released documentary, In My Blood It Runs, is also calling for change.

The Council of Attorneys General has set up a working group looking into the age of criminal responsibility. Last month our office provided feedback into the review, urging the working group to raise the minimum age to 14 as we believe the current practices do not provide the best outcomes for these vulnerable and disadvantaged young children.

Outlined in our submission we stated that the number of children detained disproportionately affects Aboriginal children (for example, in SA during 2017-18, there were 37 Aboriginal 10-13 year olds detained compared to 17 non-Aboriginal 10-13 year olds).

Children with a disability and those in care also made up a disproportionate number of children detained. We know that in 2017-18, almost a quarter of those detained in the AYTC were in care at the time of their admission. What we don’t know is how many of those young people come from a residential or commercial care environment – this is something we will address in our next dual status paper (to be out in the coming months).

In the meantime, we are urging change to protect the rights of these vulnerable young children and to prevent them from entering the youth justice system in the first place.

You can read our full submission to the working group.

Investigation calls for review of isolation practices in Adelaide Youth Training Centre

A troubling new report into the treatment of two young people in the Adelaide Youth Training Centre (AYTC) has highlighted the need for Youth Justice to review their use of isolation and how they offer rehabilitation for the young people detained in the centre.

The latest Ombudsman SA report which was released early this week has criticised the Department of Human Services (formerly Department for Communities and Social Inclusion) for its treatment of two young people in the AYTC by subjecting them to inhumane treatment, including extended periods of isolation and solitary confinement as a form of punishment for their behaviour.

In 2017, based on concerns shared by our office, the Ombudsman investigated the treatment of the young males (both 17 at the time) who were confined to their cells for more than 22 hours per day. The young people were not provided sufficient access to exercise, education, contact with family and experienced a lack of cultural recognition and support.

Training Centre Visitor Penny Wright has expressed her great concern these practices occurred and says that these are not isolated examples of the inappropriate use of seclusion and isolation.

“Isolation and segregation can be very, very damaging – especially to young people who have already experienced trauma in their lives – that’s why there are serious restrictions on these practices.”

“As the Ombudsman noted, rather than this particular segregation always being a response to the young people’s behaviours, their poor behaviour was often actually due to long periods of isolation.”

The Ombudsman referred to the views of the Royal Australian and New Zealand College of Psychiatry that-

“Punitive approaches to the management of youth justice services… are unlikely to resolve the behavioural issues of detainees; instead, they serve to reinforce the sense of mistrust experienced by many children and young people in custody. Without a trauma informed approach to the management of youth justice centre, at-risk children and young people will continue to face significant obstacles in their paths to recovery and rehabilitation, and staff in youth detention centre will continue to face significant difficulties in managing children and young people in their care.”

According to the Ombudsman, “A functioning youth justice system should not cause the young person further harm or contribute to their reoffending. The system should not do any harm to a young person and young people should leave the youth justice system in a better life position than when they entered it. In my view, the youth justice system failed [these two young people].”

The investigation concluded the treatment of the two young people was ‘unreasonable, wrong, oppressive, unjust and contrary to law’. The Ombudsman made 20 recommendations, all of which the Department of Human Services has accepted.

Penny acknowledges the department has made some improvements since these events in 2017 and has agreed to make further changes.

“I do think Youth Justice has a new willingness to look carefully at their practices and make real changes,” Penny said.

“We know of a number of young people with complex needs in AYTC today who will benefit if the department acts on these recommendations swiftly. As part of my role as Training Centre Visitor, my staff and I will be monitoring the extent to which the reforms are taken up.”

Report finds children in care overrepresented in youth justice

Almost one quarter of children and young people who are detained in the Adelaide Youth Training Centre are under the legal guardianship of the state and are likely to be living in large residential care homes, a new report from our office has found.

A PERFECT STORM? Dual status children and young people in South Australia’s child protection and youth justice systems is the first report from a series of papers looking into the disproportionate number of children and young people who enter the youth justice system from residential care.

The report highlights that it’s not that these individual children and young people are inherently ‘criminal’ but that systems make their criminalisation more likely.

This suggests the state’s child protection system is struggling to undertake its core function of keeping children and young people safe – a concern that our office raised last week in the wake of the release of our annual report.

This new report finds that inadequate planning, policy, procedure, and communication across government and non-government systems mean that children and young people in care who need therapeutic support are instead being drawn into the criminal justice system.

The United Nations Committee on the Rights of the Child recently stated that Australia’s child protection systems are insufficiently resourced, resulting in poorly supported staff, inadequate placement matching, and excessive reliance on police interference and youth justice systems to manage behavioural problems without providing appropriate therapeutic intervention.

Guardian for Children and Young People and Training Centre Visitor Penny Wright states that each of these factors contribute to the overrepresentation of those in care entering the youth justice system.

Ms Wright notes these vulnerable children and young people have been exposed to significant trauma and abuse prior to entering the child protection system and are not being provided with the care and support they need to heal.

“Instead of being provided with the essential therapeutic care they need, these young people are being put into homes and looked after by inadequately supported staff with other young people who come from troubled backgrounds. The young people’s behaviour is ‘managed’ by police and the youth justice system, and then at the end of the day they are taken back to the same environment in which the criminal behaviour took place,” Ms Wright said.

“What these children and young people need is a system that focusses on their safety and well-being first and foremost, keeping in mind the difficult circumstances that brought them into the system in the first place.”

“As one dual status young person eloquently said: ‘They kept putting us in the same situation but expecting a different outcome’.”

Download the first dual status report.

Further reports from this series will be made available in the coming months.

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.

Training Centre Visitor’s Annual Report 2018-19

The number of children and young people detained in the Adelaide Youth Training Centre (AYTC) in 2018-19 has decreased, although residents who are Aboriginal or in care continue to be overrepresented, according to the latest Training Centre Visitor’s Annual Report.

Here is a snapshot of the report.

The year by numbers

In 2018-19, there were 608 admissions to the AYTC concerning 299 children and young people. Of these 299 individuals:

  • each resident was detained on average, two times
  • 50.5% were Aboriginal
  • 31.1% were children and young people under guardianship, primarily from residential care
  • 19.3% were females
  • 64 admissions were for children aged 10-12 years (an increase from last year).

Issues of concern

Issues of concern summarised in the 2018-19 annual report had already been identified throughout the year during our visiting and advocacy programs and review of records. The Training Centre Visitor Unit accordingly had made recommendations (based on the voices of the residents) prior to this report, about these concerns, including in relation to:

  • semi-naked searches
  • complaint processes
  • isolation and use of safe rooms
  • inadequacy of Aboriginal programs and cultural support
  • resident right to privacy
  • female hygiene products
  • incidents and use of force
  • room standards
  • unavailability of critical data (e.g. no data is currently available for residents with a physical, psychological or intellectual disability).

Positive changes to enhance wellbeing and safety of residents

The following positive changes have been made by the AYTC staff and management to enhance the wellbeing and safety of residents:

  • a reduction in the frequency, and improvement in recording of semi-naked searches
  • introduction of a ‘Yarning Circle’ (cultural program) for Aboriginal female residents
  • the development of a Medical Locum Attendance Log that tracks each medical incident from point of identification to the attendance of a locum
  • recognition of the need to develop better understanding of the needs of African and Muslim residents through building relationships with their communities.

Advocacy

The TCV Unit received 48 requests for advocacy, with 40 suitable for TCV advocacy on behalf of 31 residents.

The main themes for individual advocacy matters were:

  • use of safe rooms, isolation and lockdowns
  • interactions and access to staff
  • unit transitions and routines
  • placement within the centre and lengthy remand.

The TCV Unit worked with the Guardian’s Advocates (who have a mandate for children in care) to address the needs of nine individuals who required advocacy about their care and treatment within the AYTC and in care.

Looking forward

In the 2019-20 financial year, along with our ongoing visiting program and review of records, we will be:

  • conducting a pilot inspection later this month
  • continuing to address the absence of advocacy protection of the right of children and young people in the justice system while they are outside the walls of the AYTC (currently we are only mandated to advocate and oversee the best interests of this cohort when they are physically within the walls of the centre). We have recommended that the TCV mandate should expand to include these children and young people, ensuring the role meets the requirements of OPCAT (which Australian must put into place in late 2020).

Read the report in full.

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 [email protected] or by phone on 8226 8570.

Report highlights privacy issues at youth training centre

The right to privacy when using the toilet and showering, and the standard of bedroom facilities are just some of the issues of concern in the latest Training Centre Visitor’s (TCV) report.

The TCV’s Visiting Program and Reviews of Records Term 4 report reports on the visiting program and associated review of records undertaken in term 4 in 2018, at both the Jonal and Goldsborough campuses of the Adelaide Youth Training Centre (AYTC).

Privacy issues

At the time of writing the report, cameras had been fitted into some bedrooms at the Jonal campus; now all bedrooms within the campus have had cameras installed. Camera footage is viewable on multiple screens in the main office area of the unit which are visible to staff, visiting personnel and other residents. Photographs used in the Ombudsman SA’s report on the use of spit hoods in the AYTC, released last week, show that cameras in rooms directly oversee the toilet and shower area.

The TCV acknowledges the importance of cameras to monitor safety of young people at times of increased risk, but not switching cameras off for toileting or blurring certain areas of the footage undermines a young person’s inherent dignity.

AYTC residents have expressed their concern about the lack of privacy:

“They watch us on the toilet, that’s just yuck.”

“Some staff turn the screen in the office around, some cover it, but I’m always on the screen.”

“We expect to be on camera if we are fresh in, or play up or having silly thoughts, not all the time.”

This remains an issue to be resolved.

Review of bedroom standards

The standard of bedrooms was also a focus in term 4. All bedrooms were reviewed at both campuses, with some lacking the basic features and amenities that would constitute a ‘bedroom’ for other children and young people.

The National Quality of Care Standards and Design Guidelines for Juvenile Justice Facilities in Australia and New Zealand outlines that to “maxim[ise] young people’s chances of rehabilitation and reintegration into society” it recommends that each bedroom should include a bed, desk, chair, clothes storage, shelving and a secure cupboard.

It was noted in the report that some AYTC bedrooms were bleak and contained minimal furniture and very few personal items, and included the removal of light switches and carpets. If a young person was required to eat in their room, they would need to do so on their bed.

Recommendations

As a result of these findings, the TCV has recommended that young people are advised of their rights to privacy and to have the bedroom camera turned off for toileting if they so wish, as well as ensuring the bedrooms meet the minimum standards of what constitutes a bedroom.

Room refurbishment is a costly exercise, and since writing the report, staff at the AYTC are making plans to refurbish some of the rooms in the coming months.

The TCV Unit in the Guardian’s office is currently preparing to conduct the first formal inspection of the AYTC later this year which will address selected standards and monitor matters that have been raised in TCV’s earlier reports. The formal inspection report will be published early next year.

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.