Education, Children and Young People – Youth Justice

Home » Parliament » Estimates » Education, Children and Young People – Youth Justice
Cassy O'Connor MLC
June 7, 2023

Ms O’CONNOR – Okay, thank you.

There was a confronting story in the Mercury newspaper on 17 May under the headline ‘Teen crime crackdown’, with a police officer, I am quoting from the Mercury because I have never used this language, the officer’s warning to young criminals: ‘We will arrest you.’

Do you think that it is an appropriate response to youth justice issues, disadvantage among young people, to have a district commander of Tasmania Police who is, according to this story, the new cop in town, say that he effectively wants to, ‘smash Hobart’s escalating youth crime problem and make arrests wherever necessary’?

Is that even possible under the legislative provisions we have now? And do you think it is desirable to have such a heavy-handed approach to youth crime issues which, as I know you know, often come from disadvantage and dysfunction in the family?

Mr JAENSCH – Thank you for your question, Ms O’Connor. I am not going to provide commentary on what a –

Ms O’CONNOR – An enthusiastic new police officer might say?

Mr JAENSCH – He is a new cop, you are right, you have just admitted it. That answers part of your question.

Ms O’CONNOR – The story says it.

Mr JAENSCH – In terms of the language and the priorities of police, that is a matter for them and for Mr Ellis, who is in another room. You should direct those sorts of questions to him.

However, our Youth Justice Blueprint is very clear and it’s supported and endorsed by our Government that, in terms of young people’s offending, we need to be using all avenues of prevention and diversion from a court process and from engagement with the youth justice system wherever we can.

Ms O’CONNOR – Can you confirm that you have briefed the Police minister on your youth justice reforms? And have you had a conversation with him about this heavy-handed approach?

Mr JAENSCH – You will find that the minister for Police also quotes the Youth Justice Blueprint frequently and is a supporter of early prevention and diversion from criminality and from young people entering the youth justice and court systems.

I think, though, there is always going to be, sadly, a need for us to have regard for public safety. Where crimes are committed where public safety is at risk, the police have a very clear role in their communities. But we work with them, and our Youth Justice Blueprint will see us working even closer together on the early prevention and diversion options that are available both for young people are risk of criminal activity and also for those that are brought before the courts. We want to ensure there are more options available for their diversion – alternatives to detention, in particular. That’s why we’ve announced that our intention is to raise the minimum age of detention to 14. That comes when we can provide courts, provide magistrates with options they are prepared to use for those cases where detention may not be required for the safety of young people or the public, but where a higher degree of servicing and restorative and rehabilitative services might make a difference.

Ms O’CONNOR – Is the closure of Ashley Youth Detention Centre and the facilities that will replace it on track for the end of 2024?

Mr JAENSCH – The commitment given by our Government previously was to close Ashley and to establish two new facilities, one in the north and one in the south. That’s what the date of 2024 was associated with, and we’ve repeatedly talked about closing Ashley in 2024. We remain on the record with that commitment.

But since then, as you know, we’ve announced a more sophisticated approach to reform of our youth justice system, including a suite of youth justice facilities that have a range of different roles and which should result in fewer young people being in detention and fewer of them returning to it, either in the youth justice system or an adult prison.

Ms O’CONNOR – What’s the time frame?

Mr JAENSCH – We are now in the process of finalising a preferred site for the development of the Southern Youth Detention Facility, which will be a critical first component of the ability to close Ashley and to deploy these other sites. The first facility that we have focused on is the detention facility because it’s the most complex and specialised build. We’ve been through a consultation process on two shortlisted sites. My department is currently analysing all the feedback we’ve received, both from the consultation process and from their own investigations of the site, to provide advice to me on our next steps.

As soon as possible, I want to confirm a site. Once we’ve got a site, we can undertake more detailed site ground conditions, Aboriginal heritage planning, and engagement with neighbours and other stakeholders. As soon as we have that clear, we would be able to project a new time frame for the delivery of that site. I will keep the parliament and public updated on progress with that.

Ms O’CONNOR – As well as that how many of the young people who are in Ashley right now are on remand and yet to have a court appearance or receive a sentence because they are connected?

Mr JAENSCH – I am happy to start with that. I’m advised that as of today we have 19 young people in Ashley, which historically is a very high number. We’ve had high numbers for the last little while. These things tend to come in waves. It’s typically between 10 and 15 young people in Ashley. As at most times the majority of those young people are not sentenced but have been remanded to Ashley by courts for the sake of their own safety –

Ms O’CONNOR – Also because the system has not got the capacity to divert or house them.

Mr JAENSCH – It’s an example of why we are investigating, as part of our announced new model, a supported bail facility option, one in the north one in the south. This may provide an option where we can have services and support for some of those young people. We fully expect that in our better model in the future there will still be young people remanded to detention because of their heightened dangerous behaviour to themselves or to others. Unfortunately there will always be a need for that.

Ms O’CONNOR – The answer to the question about how many are yet to receive a sentence.

Mr JAENSCH – There are 16 of the 19 unsentenced.

Recent Content