Premier – Ashley Youth Detention Centre

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Dr Rosalie Woodruff MP
December 5, 2023

Dr WOODRUFF - Premier, recommendation 12.1 in the commission's report tells the Government to close Ashley Youth Detention Centre as soon as possible, but instead you've listed this for July 2026. Your predecessor's original promise was by the end of 2024. Do you understand that Minister Jaensch's refusal to act earlier is abandoning the majority of those children in Ashley Youth Detention Centre now, the 12 on remand not convicted of any crime, as well as the three who are detainees there?

Mr ROCKLIFF - We have been working through our commitment to close Ashley and we will; we have made it very clear. We need to do so and in a manner that supports the children or young people and also ensures community safety. We have identified the site, as you'd appreciate, in terms of the location of the detention facility but also the blueprint more broadly for youth justice where the therapeutic model of youth justice and care will be achieved, which is part of that closure of the one facility.

Dr WOODRUFF - What is your rationale for not transitioning children who are in Ashley to community-based out-of-home care?

Mr ROCKLIFF - As I say, we've worked hard to ensure that we can close Ashley as soon we possibly can. We have committed some considerable investment to do so, which is $50 million to transition to a more appropriate, contemporary, fit-for-purpose facility in the south of the state, which I have just mentioned. The statewide centre will provide that opportunity for intensive intervention and rehabilitation through a therapeutic model of care. It will be smaller than the current Ashley Youth Detention Centre and incorporate design features that reflect best-practice international youth detention facilities as well.

The closure of the centre provides that opportunity to adopt a strengthened diversion and prevention approach to youth justice, as I have spoken about already, and that trauma-informed service model focuses on improving outcomes for young people in terms of their rehabilitation, their safety, their wellbeing and, importantly, their learning as well. In the interim, we will also undertake additional work at Ashley Youth Detention Centre to ensure that the safety and wellbeing of the children at the centre continues to be prioritised. I've detailed a number of aspects to those as well. This will be done in consultation with key stakeholders.

To your question as well, Dr Woodruff, the courts determine whether the risk to a young person or the community is such that the young person has to be kept secure and that security and that secure environment, if I can put it that way, needs to be contemporary and that is why we are making the changes at Ashley and why we'll implement our southern-based facility which I've spoken about as well. It is part of a broader blueprint for youth justice that Minister Jaensch has had a draft of out already and no doubt he'll be making some comments when he faces the scrutiny hearing today.

CHAIR - Just on that, I remind the committee that the relevant minister will be in this afternoon. so please address the relevant questions to the relevant minister, thank you very much.

Dr WOODRUFF - Premier, you said just then that your Government commissioned this inquiry to investigate past failures of successive governments into child sexual abuse. Isn't the point that the commission of inquiry made extremely strongly is that there are current failures? There are current failures in current systems, in current institutions and in current cultures, and the work you're undertaking is going to take years to complete in order to change those cultures and systems. In Ashley today there are restrictive practices which are identified as a form of isolation, in the present, right now. The commission of inquiry identified the use of force, bullying and sexual abuse as being rife at Ashley Youth Detention Centre in the very recent past - when they were writing.

In September, community sector organisations and experts asked to meet with the Minister for Education, Children and Young People to explore options for alternative care and therapeutic arrangements for children at Ashley Youth Detention Centre, but Minister Jaensch would not meet with them. We then understand that community sector organisations asked the minister to assemble a working group to discuss what services are already being provided and what possibilities were available to have an alternative approach to caring for those children, and again Minister Jaensch was not receptive. Does that shock you?

Mr ROCKLIFF - Thank you for the question, Dr Woodruff. Minister Jaensch will be before the committee hearing welcoming the opportunity for scrutiny on his actions, the Government's actions pertaining to his portfolio responsibility. When it comes to the safety of children in all departmental settings, we've released an integrated framework for safeguarding children and young people from abuse, with a particular focus on child sexual abuse, safe, secure and supported our safeguarding framework. It is structured to directly align with the national principles of child safe organisations and Tasmania's child and youth safe standards now embedded in the Child and Youth Safe Organisations Act 2023.

Under the framework, all staff, volunteers and external providers will be required to undertake introductory and ongoing annual training in critical aspects of safeguarding, including a legislative requirement to report and respond to all concerns, suspicions, allegations, information and knowledge of child abuse, including neglect. In 2023 the department introduced revised mandatory reporting training for all employees, which has been completed by approximately 12 000 staff, I'm advised, and from 2024, volunteers and external support providers will be required to complete this training. This is a vital part of ensuring all workers are aware of their obligations to report any concerns of a child or young person.

When it comes to safeguarding in our schools, that is Minister Jaensch's responsibility. We have a safeguarding lead in every state government school. They help to plan and put in place strategies to support the wellbeing of students and foster a culture where it is understood that safeguarding is everyone's responsibility in terms of action 11. Further information -

Dr WOODRUFF - I suppose my question -

CHAIR - Again, I just remind the committee that the relevant minister will be appearing before us this afternoon, so questions in relation to Ashley Youth Detention Centre, I would suggest, be held over till the later session when the relevant minister's here.

Dr WOODRUFF - I appreciate that, Chair. Can I just ask for clarification? My very clear point was not about the arrangements at Ashley Youth Detention Centre, it was not about any operational matters and I didn't ask that question. I asked whether the Premier was shocked that his minister is refusing to meet with people from the community services sector. It was not about operational matters, it was clearly about the role of you as Premier and the fact that these organisations - Colony 47, TasCOSS, the justice reform initiatives, the legal centres, all the people who work with the children who need care and therapeutic support - they have described minister Jaensch as dismissing expertise in the sector and accused him of disrespect. Do you still think that he is the right person to be leading the job of closing Ashley?

Mr ROCKLIFF - I have said many times that I have confidence and support the work of Minister Jaensch. He has been working in this role for some time. He is an extraordinarily committed and compassionate person. My expectation is that all ministers, irrespective of the hats they wear at a particular time, engage thoroughly with all stakeholders.

Dr WOODRUFF - He is not doing that. Will you speak to him about it?

Mr ROCKLIFF - Dr Woodruff, my understanding is that Minister Jaensch has met with TasCOSS and I am sure -

Dr WOODRUFF - I heard from them yesterday, the whole group. They haven't had that conversation, they haven't been met. He is stonewalling them.

CHAIR - Ms Alexander has the call.

Mr ROCKLIFF - I will come back to that, Dr Woodruff.

Dr WOODRUFF - I wanted to correct my comment earlier, which you partly responded to, which was that minister Jaensch did meet with the sector after nearly two months, but will not meet to talk about convening working group.

You would acknowledge from the commission of inquiry report that rebuilding trust requires accountability and transparency. The youth justice blueprint is referenced continuously throughout the Government's response. The document is currently just a draft that no one in the sector has seen. The commission of inquiry report also references another related draft document that itself is not public. Do you understand the distrust that this creates not just for victims/survivors but also for the community sector?

Mr ROCKLIFF - In terms of the -

Dr WOODRUFF - Access to such an important document as the youth justice blueprint. There is formal drafts available but not to the community sector. There is no transparency.

Mr ROCKLIFF - My understanding is that shortly, the youth justice blueprint will be available to the community. I have spoken about this today, in actual fact, I have referenced it. The blueprint sets the direction for youth justice in Tasmania over the next decade. Utilising a public health approach, the blueprint refocuses and strengthens support for children and their families through implementation of an integrated multidisciplinary service system that promotes wellbeing and reduces engagement in antisocial and youth offending behaviours.

In terms of the engagement with the community -

Dr WOODRUFF - I understand that there is a draft but they have not seen the final.

Mr ROCKLIFF - The draft was put out more than 12 months ago, if my information is correct, and sought feedback.

Dr WOODRUFF - Before the commission of inquiry report.

Mr ROCKLIFF - Minister Jaensch will cover this extensively. It is very soon to be publicly available. My understanding is that it is imminent in its release.

Dr WOODRUFF - Yes, but can you see that the community sector has had no opportunity to provide engagement and to work with the Government on that youth justice blueprint, especially after the commission of inquiry report was handed down? This is, in many peoples' view, a continuation of keeping stuff secretive, delivering it at the last minute, not truly trying to work together with people on the coalface to try to work out the best approach forward. Can you see how there is a sense of distrust and concern?

Mr ROCKLIFF - It's my understanding that any draft out there should be accessible to all involved. The draft's been on the website -

Ms GALE - It's currently on the DECYP website.

Dr WOODRUFF - All right. The commission of inquiry had a draft supporting document that they said wasn't publicly available.

Mr ROCKLIFF - Right. I will speak of the draft itself, which has been available for comment on the website, and that is Minister Jaensch's direct responsibility. You've taken some interest in it clearly but, in terms of Minister Jaensch's direct engagement with the community sector, that is a question that -

Dr WOODRUFF - I'll take it up with him.

Mr ROCKLIFF - Minister Jaensch will answer, except to say we would value any input of any stakeholder, community sector or individual. There is a blueprint - non-government stakeholder email list that I have here which is extensive, which would point to at the very least at face value, Dr Woodruff, of a degree of engagement. It is a very important blueprint and my expectation is that our ministers, irrespective of the hat they wear, engage with their key stakeholders frequently.

Dr WOODRUFF - Coming back to rebuilding trust and what the commission of inquiry said was a precondition for that, which is transparency and accountability, recognising that until Ashley Youth Detention Centre is closed, it will be a stain on your Government and successive governments. Notwithstanding the fact we strongly disagree with your time frame, the fact is that the youth justice blueprint and the therapeutic approaches taken to youth detention are critical in the coming years. Do you commit to making sure that your Government has a working group that is formally convened through the minister for youth justice to make sure that the community service sector has a formal engagement in the youth justice process, the redesign, the blueprint and that that happens urgently?

Mr ROCKLIFF - The working group established across the community services sector -

Dr WOODRUFF - They've asked minister Jaensch and he has not responded to that formal request to convene a working group to talk through the youth justice blueprint plan, which is a key part of your approach over the next couple of years. They want to be engaged.

Mr ROCKLIFF - Particularly on the implementation of the blueprint?

Dr WOODRUFF - Correct. The youth justice blueprint. The youth justice strategy.

Mr ROCKLIFF - It's a question for minister Jaensch. I'm sure you'll discuss this important matter with minister Jaensch this afternoon.

Dr WOODRUFF - I'm only coming to you because he's been blocking it so far, or appears to have been blocking.

Mr ROCKLIFF - I know minister Jaensch, when it comes to the release of the youth justice blueprint, will be engaging with all relevant stakeholders -

Dr WOODRUFF - Yes, they want a formal working group to be convened.

Mr ROCKLIFF - I'm advised on a reference group. In relation to the recommendation to close the Ashley Youth Detention Centre, we've announced the site of the new facility. The blueprint's part of all that. The department will work collaboratively with key stakeholders, including the Southern Midlands and Brighton councils and the Aboriginal community to progress the project - the new facility. A community reference group will also be established to ensure community and stakeholder input informs the master planning process for the site. That's the local area pertaining to that facility.

Dr WOODRUFF - That's a different matter. Options for incarceration, I'm talking about. Do you think it would be valuable to have a working group looking at options for alternatives to incarceration?

Mr ROCKLIFF - The blueprint is about ensuring that very contemporary -

Dr WOODRUFF - Yes. The sector wants to be formally engaged in conversations about options, alternatives.

Mr ROCKLIFF - I'm advised that the department is establishing and convening a community consultative committee that's comprised of a range of community stakeholders, organisations, to provide input and advice that will support the implementation of the blueprint. They will be called a working group but I have no doubt that for minister Jaensch to gauge feedback from people directly involved in this important area, it will be crucial to hear their feedback. A consultative group, a working group, however that's determined or made up, will be, I have no doubt, important when it comes to implementation of the blueprint. I've no doubt that Mr Jaensch would welcome the engagement of organisations with working and lived experience in this important area.

Dr WOODRUFF - Thank you.

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