Tasmania must make real change to the youth justice system

Our Premier announced on September 9 the Ashley Youth Detention Centre is to be closed within 3 years. He went on to say the government would invest in new infrastructure and focus on early intervention, diversionary strategies and detention as a last resort.

At this stage, we don't know what this new infrastructure will be, but we do know the government recently outlaid $7 million upgrading the Ashley Youth Detention Centre to enhance the facility and its model of care. The school within the facility run by the Education Department includes six teachers and aides, a TAFE coordinator who organises on site woodwork/metalwork shops, a full-time psychologist, health care, sporting and gym facilities and catering classes, including a cafe for barista training.

I recently asked in Parliament, that given this level of support for an average of 10 detainees each day, what different outcomes does the government expect by closing the facility? I was told the decision was "not just about custodial youth justice", it was about "setting our whole approach to the youth justice system and young people at risk on a new footing". To further questions I was informed the government will "invest in a contemporary, nation-leading, therapeutic approach, across the whole youth justice system".

The majority of young people under the youth justice system are not in detention but rather are under supervision. Statistics from 2018/2019 tell us on an average day in Tasmania 155 youths aged 10 and over were under supervision, with indigenous youth almost four times more likely to be under supervision than non-indigenous youth.

Tasmania is not alone in focusing on a different approach to youth justice. In recent years, youth justice has been put under the microscope. There have been extensive reviews by states and various oversight bodies, which have highlighted children who enter the youth justice system, especially detention, experience vulnerabilities and have diverse and complex needs. They have been exposed to issues such as family violence, poverty, abuse or neglect and are likely to have received child protection services or out of home care. They also may suffer from intellectual disabilities, mental illness or drug and/or alcohol abuse or addictions. In short, they are in need of professional care.

Nearly all of these reviews also concluded youth detention centres have detrimental effects on children. Separation, segregation, and confinement as a means of punishment has been associated with physical and psychological damage which can often interrupt education and rehabilitation. Thus, all reports conclude detention is to be used as a last resort and there should be an increase in the use of diversion programs, a reduction in the remand population, and a raising of the minimum age of criminal responsibility from 10 to 14. Currently in all Australian states the minimum age of criminal responsibility is 10, meaning a 10-year-old child can be arrested, searched, charged with a criminal offence, remanded in custody and sentenced to detention. Being locked up at an early age greatly increases the likelihood of a person coming back into the prison system as an adult.

By raising the age of criminal responsibility to 14 it would bring Tasmania into line with 86 other countries and also be supporting the 2019 findings of the United Nations Committee on the rights of the child. A report commissioned by the Council of Attorneys-General has already looked into this issue but at present has not released its report. The draft reportedly contains a recommendation to raise the age to 14 and offers alternatives, including raising the age to 14 with exceptions for serious crimes.

Modern neuroscience identifies that children are impulsive, risk-seeking, excessively influenced by their peers, still maturing and are less likely to reoffend. Further young children are not yet functioning at full capacity and therefore there is a need to, if possible, avoid punishments that will diminish a child's life prospects. Tasmanian Legislation has already recognised this by having the power to divert children from the justice system, but more options need to be available.

I can already hear some people arguing there needs to be consequences for criminal behaviour. But the answer to that is we need to find the right balance between public safety and helping offenders address the factors that contribute to their crime. If we want to end increasing incarcerations we need to change our mindset on crime to one that emphasises prevention and restoration rather than punishment.

Youth justice detention costs the state $1 million per child, per year, which is about 10 times more expensive than an adult prisoner. The costs don't stop there as the effects of detention can lead to a child's repeated involvement in the youth justice system and later to the adult justice system. These imposts on the state budget could be more effectively used in early intervention and diversionary services. Back in the 1830s Governor Arthur recognised the roots of crime are poverty, wretchedness, unemployment and a lack of education. By removing these, governments would do more to reduce crime than by creating severe punishment". Nearly 200 years later surely there is opportunity for real change.