To: FROM: DEPARTMENT OFTHE CHIEF MINISTER ATTORNEYGENERAL RE: CHIEF EXECUTIVE RECOMMENDATION YOUTH JUSTICE REVIEW It is recommended that you: I. Note Attachment A and endorse the proposed NTG response to the recommendations of the report; 2. Note and endorse the proposed phased implementation approach; 3. Confirm timing and communication resources you require to support the release of the report. BACKGROUND On 18 May 2011 a strategic review of the Northern Territory's Youth Justice System was announced. The objective of the Review Panel, chaired by Jodeen Camey was to identify and recommend improvements across the spectrum of the Youth Justice System including preventative justice, policing, court systems and processes, community and family support, and legislation. CURRENTSITUATION The final report was submitted to you on the 30'' September 2011. A whole of government initial response to the report and its recommendations has been developed by representatives from DCM, DoJ, NTT, DET, Police and DCF. Please refer to Attachment A which details the proposed NTG position and budget implications forthe 9 recommendations from the review. It should be noted that whilst 9 recommendations are listed in the report, several informal suggestions are also referenced throughoutthe report and will form part of the more detailed response by the projectteam. Please note, the following phased approach over a minimum of 12months is recommended in response to the review report. I. Cabinet Submission be prepared for next week (w/c 17/10/11) to seek approval for response to recommendations, proposed way forward, re immediate establishment of multi-agency team and additional resources forthe initial phase. 2. Multi-agency projectteam to prepare a subsequent Cabinet Submission addressing structure, administrative arrangements and operational funding for a new Youth Justice Unit, re the basic framework of operations for submission to Budget Cabinet by end December 2011. MEMORANDUM DATE: DEPT REF: MIN REF: I I 10 I I DAJ.0037.0001.2920
Transcript
To:
FROM:
DEPARTMENT OFTHE CHIEF MINISTER
ATTORNEYGENERAL
RE:
CHIEF EXECUTIVE
RECOMMENDATION
YOUTH JUSTICE REVIEW
It is recommended that you:
I. Note Attachment A and endorse the proposed NTG response to the recommendationsof the report;
2. Note and endorse the proposed phased implementation approach;3. Confirm timing and communication resources you require to support the release of the
report.
BACKGROUND
On 18 May 2011 a strategic review of the Northern Territory's Youth Justice System wasannounced. The objective of the Review Panel, chaired by Jodeen Camey was to identifyand recommend improvements across the spectrum of the Youth Justice System includingpreventative justice, policing, court systems and processes, community and family support,and legislation.
CURRENTSITUATION
The final report was submitted to you on the 30'' September 2011. A whole of governmentinitial response to the report and its recommendations has been developed byrepresentatives from DCM, DoJ, NTT, DET, Police and DCF.
Please refer to Attachment A which details the proposed NTG position and budgetimplications forthe 9 recommendations from the review. It should be noted that whilst 9recommendations are listed in the report, several informal suggestions are also referencedthroughoutthe report and will form part of the more detailed response by the projectteam.
Please note, the following phased approach over a minimum of 12months isrecommended in response to the review report.
I. Cabinet Submission be prepared for next week (w/c 17/10/11) to seek approval forresponse to recommendations, proposed way forward, re immediate establishmentof multi-agency team and additional resources forthe initial phase.
2. Multi-agency projectteam to prepare a subsequent Cabinet Submission addressingstructure, administrative arrangements and operational funding for a new YouthJustice Unit, re the basic framework of operations for submission to Budget Cabinetby end December 2011.
MEMORANDUM
DATE:
DEPT REF:
MIN REF:
I I10 I I
DAJ.0037.0001.2920
The new Unitthen prepares a Youth Justice Strategy and develops a more detailedfunding submission forthe recommendations in consultation with relevant agencies,ie areas of diversion, family support centres, youth camps etc by inid 2012.
BUR SS
(1) NOTED/ENDORSED(2) NOTED/ENDORSED(3) CONFIRMED
DELIA LAWRIE 12011
DAJ.0037.0001.2921
Attachment A : Youth Justice Strategy Review - NTG Response to Report
I. That a youth/'ustice unit, with statutory authority, beestablished within a government department and that It haveresponsibility for admimtstering and Goofdrnatihg services andresponses to young people in, oratri$k of entering, the youthI'Us tice system.
The review stated
A new, stand-alone youth justice unit within a government department should be establishedthat would be responsible for administering all aspects oilhe youth justice system, and thatwould ensure the delivery of a continuum of services and responses
It would build on existing strengths of the youth justice system from government departmentsand ensure that service and response delivery are coordinated. If implemented correctly, andmanaged well, it would meetthe needs of young people and the community
It would comprise personnelfrom the key government agencies, including the departments ofChildren and Families, Justice, Education and Training, Health and the Police. Additionally anon government organisation representative should be seconded to the unit to further enhanceservice delivery. Staff would representthe role and efforts of each department and would workcollaborative Iy in order to provide a continuum of service and response delivery. A youth justiceteam, comprised of professional case managers and youth workers, could be based in the unitor alternatively allhe Family Support Centres that would implement a through-care modelforyoung offenders
In addition to its coordinating role, the youth justice unit would be responsible for developing athrough-care model of service delivery, which would include, but not be limited to, providingintensive case management plans for young offenders. It would also be responsible for policydevelopment
This multi-agency and multi-disciplinary approach would overcome many of the difficultiesidentified that arise from failures to share information and fragmented service delivery
The unit should have its own statutory powers and have a legislative base, similar in nature tothe Work Health Authority and to Consumer Affairs
The youth justice unit would have responsibility for coordinating the matters relating to all of thefollowing Recommendations
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. The development of a Youth JusticeUnit ("The Unit") is supported
.
lipage
The Unit will be based in the Dept ofJustice (DoJ) with an intention totransition to Dept Children and Families(DCF) once the Unitis stable andfunctioning and DCF is positioned totake up this responsibility. It isanticipated that transfer would nottakeplace for 18 months to 2 years,
2. That a new, comprehensive youth/'ust/be strategybedeveloped and /'inpiemented.
The review stated
The need for a new youth justice strategy has been illustrated throughoutthis report. Thestrategy should establish benchmarks and targets to improve access to services and thedelivery of youth specific health services. Outcomes should align with the building blocks ofearly childhood, schooling, health, accommodation, safe communities, governance andleadership
The strategy should include targets to reduce youth crime, decrease the number of youngpeople in detention (on reinand and under sentence),reduce the number of Indigenous offenders in the youth justice system, and increase thenumber of young people entering and completing diversion programs
Performance measures should be developed. To this end, the Territory 2030 Sub-committee of Cabinet should endorse the youth strategy as a recognised priority forachieving a number oitargets and actions and the youth justice unit should coordinate withrelevant government agencies and other stakeholders to embed the youth strategy withinthose existing targets and actions for Territory 2030
3. That the Adm/'nistrative Arrangements Order be rev/'ewedandthat the number of ministers responsible for aspects of parts ofthe youthjust/be system be reduced to mirrorthe ex/'stence ofthe youth just/be unit and in/histerialresponsibility.
The youth justice system falls within the ministerial portfolios of four ministers. As notedthroughout this report. the fragmentation of ministerial portfolio responsibility is confusing anddifficult, and is partly responsible for the lack of continuum of service and response delivery. Asingle portfolio of youth justice with responsibilities vested in one (or at most two) ministers andhis or her agencies is required
appropriate accountability anddelegation and clear and simple lines ofauthority.
.
21Page
The development of a comprehensiveyouth justice strategy is supported
. The Unit, once established will beresponsible forthe development andimplementation of the strategy
. In order to align with T2030, re-engagement with and participation ineducation should be a primary focus
required as part ofrecommendation Iwould also covertheneeds ofrecommendation 2
. The review of administrative
arrangements to reduce the number ofministers responsible for youth justiceis supported
. The projectteam responsible fortheestablishment of the U nit will report toone Minister, and it is recommendedthat this be the Minister for Justice and
Attorney-General.
. Nilresource
implications
DAJ.0037.0001.2923
Attachment A : Youth Justice Strategy Review - NTG Response to Report
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Streamlining the administrative arrangements will clarify roles and responsibilities, and fosterImproved Cooperation and Coordination
4. That resources be provided to the youthjustioe unitforthepurposes of collecting, o001drnating, Intelj?feting, arialy'sing andofsseminat^^g whole of government data and statistics onyouthjust/be I^ssues, and that a Territory-wide and nationallyconsistent set of systems and measurements inchcators(including recidivism) be developed to provi'de I'nformatibn fordecision makers on a range of youth/'ustice IISsues.
The review stated
The importance of accurate, relevant and easy-to-obtain data cannot be overstated-11/01msthe basis of government decisions and allocations of resources. Investment o111nancial andstaff resources are required iflhere Is to be improved data collection
5. That resources be Increased forpoffoe diversion to include theestabfishment of Youth Diversion Units I'n Katherine and
Tennant Greek, that eligibility for diversi'on be expanded, andthat additional community based programs be established thathave a measurable rehabilitat^^e value.
. Part of the work undertaken by theprojectteam will be to recommendongoing Ministerial responsibility.
31Page
. It is acknowledged that whilstresponsibility will ultimately sit with oneminister, interest in and responsibilityfor matters that intersect with youthjustice (such as Policing and education)will sit within other ministry portfolios
. The recognition of the importance ofsuitable whole of government datacollection and system co- ordination issupported
Diversion can assist young offenders and end or limittheir offending, and options need to beexpanded. As a result of issues identified in this Report a number of areas should be increasedor expanded
The Youth Diversion Units (YDUs) within NTP should be expanded so they have enough staff,with relevant skill and training to enable them to assess young people eligible for diversionmore quickly, and to assist the YDUs to 11aise with non government service providers forprograms
Additional staff would assist in reducing delays caused in arranging diversion programs foryoung offenders. YDUs should be established in Katherine and Tennant Creek so thatassessments could be undertaken in conjunction with local service providers and local police
Additional expertise, including a greater capacity to conduct youth justice conferences, needsto be developed
Community-based diversion programs should be increased after the planned review ofprograms is undertaken by the Department of Children and Families (DCF), which shouldoccur by June 2012. This will ensure that outcomes are assessed and that more targetedprograms can be identified and developed. The programs must provide a level of rehabilitativevalue. Programs should be developed in consultation with people in remote communities, andin line with Local Implementation Plans in Territory Growth Towns
Legislative amendments should be made to increase eligibility for diversion including foroffences outlined in chapter 3
6. That the number of youth rehabilitation camps be increasedand include the establishment of one short term therapeutibcamp program in greater Darwin area and one in CentralAustralia, and a longer term therapeutic residential program inthe Top End and one Ih Central AUStrafia, and that the youthrehabilitation camps be regulated by legislation.
The need for additional communitybased programs to supporttheincrease in diversion recipients overtime is supported
The Review does not propose changes to the existing youth camps
As outlined in chapter 4, this Review does not propose to repeat all details that have alreadybeen provided to government regarding the costing, models and framework forthe youthrehabilitation cam s, but su ons the models therein
41Page
. Suggest a staged implementation forthis recommendation, commencing withthe police diversion expansion inKatherine where several communitybased programs already exist
. The need to increase the capacity ofyouth rehabilitation camps is supported
. The Unit will be responsible fordeveloping and implementing the youthrehabilitation camps strategy and forassessing when facilities could alsooperate as post-release facilities in linewith the broader strategy developed asper Recommendation 2 (pg 142)
. The need for adequate regulation is
. Resource
requirements willbecome known in
time postestablishment of theUnit and their
development of theStrategyAim would be to
redirect existingresources where
possible, how some
.
DAJ.0037.0001.2925
Attachment A : Youth Justice Strategy Review - NTG Response to Report
The youth justice unit, contained in recommendation I, should be responsible for developingand implementing the youth reltabilitation camps. The Review notes that the Service DeliveryCoordination Unit in the Department of the Chief Minister retains extensive details regardinginfrastructure in remote areas. This information may assist in determining some locations. InCentral Australia, there may be an opportunity to share some resources with the Barkly WorkCamp, established under the New Era in Corrections initiative
The Review recommends that the new facilities be subjectto regulation
The establishment of these facilities would represent a justice reinvest merit, namely allocatingresources now that will provide a return on investment by delivering benefits such asreductions in offending and re-offending and, ultimately, cost savings. They also provide theYouth Justice Court with an alternative placement for sentencing and reinanding youngoffenders and alleged offenders
The youth justice unit referred to in recommendation I should assess whether the facilitiescould also operate as post-release facilities, so that young offenders with high needs can bereintegrated Into the community. Short term accommodation options also need to bedeveloped
7. That additional resources be allocated to the Family SupportProgram and exist/hg Family Support Centres.
An increase of resources to the Family Support Program and Family Support Centres (FSCs)is recommended based on its capacity to work with the families and, indirectly, children, manyof whom are offenders or at risk of offending and entering the youth justice system
The Review notes, if government accepts allthe recommendations in this report, the FSCs canbuild on their resources and complement therapeutic work that should occur ajihe therapeuticcamp program and therapeutic residential programs
The youth justice unit, proposed in recommendation I, would have the responsibility ofcoordinating services, responses and resources to the facilities and the FSCs, and theircapacity to provide, among other services, multi-disciplinary expertise and delivery of intensivesupervision programs
Currently, FSCs exist in Darwin and Ajice Springs. The Review makes no specificrecommendation that FSCs should be established in Katherine and Tennanl Creek, assuggested by OOF in its submission, although this should assessed by the youth justice unit
The youth justice unit should evaluate whether FSCs can be developed into a central referralfacility along the lines of a form of triage centre so that assessments can be made for young
eo Ie as soon as the come into contact with the outh Listice s stern
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supported. The Unit will be responsiblefor assessing regulatory and legislativerequirements as part of the youthrehabilitation camp strategydevelopment process
8. That the capacity of the Northern Territory workforce bestrengthened to include tramhg of workers across the youthI'ust/be system I'nolud^^g youth workers, court support workers,and community youth/'us tice workers'
The review stated
A strong and capable workforce within government and the NGO sectoris an integral part ofachieving the aim oilhis Review, which is to ensure the Territory's youth justice systemdelivers best practice programs and services to meetthe needs of young people and thepublic, including victims
The youth justice unit, proposed in recommendation I, would have the responsibility of drivingworkforce development issues and strategies for government and NGO sectors
9. That allprograms delivered for young people in, oratrisk ofentering, the youthjustice system have built/h eva/uatibnprocesses, that an external monitoring committee overseeprogress of the youthjustioe unit, ' that the youthjustioe unit'sactivities are included in the department's annual report, andthat government reporton the recommendations of this Reviewby 30 June 2072, again by the end of 2072 andannuallythereafter.
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The review stated
Ongoing internal and external monitoring and evaluation are essential to ensure both theprogress of delivery againstthese recommendations and progress of the youth justice unit inmeeting the requirements of youth in, or at risk of entering. the youth justice system
. The need to strengthen the youthjustice workforce across governmentand the non-government sector issupported
61Page
. DCM will co-ordinate the developmentof a workforce development strategythrough the NT Public SectorDevelopment Board
The Unit will have responsibility forYouth Justice specific workforcedevelopment strategy
. The need for strong governance andmonitoring is supported
.
.
Additional resources
may be requiredhowever are yet tobe quantified.
Ongoing evaluation and monitoringprocesses will be established by theUnit as part of the strategy andgovernance work required.
.
o
Some resources will
be available throughallocation redirection
of existing resources
As the review also strongly suggestsevaluation of existing programs within arange of Government agencies, there isa need for agencies to consider and putappropriate arrangements in place now,
. It is recommended that the SocialRes onsibilit Subcommittee form the
Resource
requirements will bemet with theresources allocated
to the ongoingoperation of the Unit,however evaluation
processes should beindependent of theUnit.
DAJ.0037.0001.2927
Attachment A : Youth Justice Strategy Review - NTG Response to Report
external monitoring committee, ratherthan replicating the external monitoringarrangements (8 person committee,cost of $200,000 per annum) applied tothe child protection reforms. This willalso ensure issues regardingduplication of effort, over reporting andinefficiencies learnt from the child
