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Working Restoratively: a Study of Youth Justice Professionals in Tasmania

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Working Restoratively: a Study of Youth Justice Professionals in Tasmania Working Restoratively: A Study of Youth Justice Professionals in Tasmania by Nicholas Andrew Thomas Bachelor of Arts (Sociology & Criminology), University of Tasmania Masters of Criminology and Corrections, University of Tasmania Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy March 2017 School of Social Sciences University of Tasmania 1 Abstract The Youth Justice Act 1997 in Tasmania introduced the principles and practice of Restorative Justice with the aim of reducing youth crime. Since this time, Restorative Justice has influenced early intervention, resulting in a decrease in youth crime and detention rates. But, as recognised internationally and by previous research in Tasmania, this apparent success may conceal problems or limitations in how conferences are conducted. To explore these issues, this study interviewed 21 practitioners with occupational knowledge of how young offenders are managed through the diversionary system in Southern Tasmania. These interviewees complain that conferences individualise the problem of offending rather than addressing structural causes of crime such as poverty. The thesis provides a detailed account of their work and professional challenges. It also advances arguments for the value of qualitative research on the criminal justice process; and makes policy recommendations to establish multi- disciplinary teams and to increase the diversity of referral options. 2 Table of Contents Declaration of Originality…………………………………………………………………………………......1 Authority of Access………………………………………………………………………………………………1 Statement of Ethical Conduct………………………………………………………………………………..1 Abstract……………………………………………………………………………………………………………....2 Table of Contents………………………………………………………………………………………………....3 Acronyms and Abbreviations…………………………………………………………………………….....8 List of Tables and Figures…………………………………………………………………………………...10 Acknowledgements………………………………………………………………………………………….…11 Introduction…………………………………………………………………………………………………….…12 Chapter 1 - Youth Offending and Restorative Justice…………………………..…..……...19 1.1 International Youth Crime…………………………………………………………………..20 1.2 Youth Crime in Australia…………………………………………………………………….23 1.3 Youth Crime in Tasmania……………………………………………………………………28 1.4 Government Intervention in Tasmania……………………….……………………….30 1.5 The Consequences of Failed Intervention…………………………………………….32 1.6 Introducing Restorative Justice………………………………………………….…….....36 1.7 How Restorative Justice Works.........…………………………….………………………38 1.8 Restorative Justice and Punishment.………………………………………….…….…..41 1.9 The Effectiveness of Restorative Justice……..…………...……………………….…..45 Chapter 2 - Criminological Theories, Risk Factors and a Structural Critique....55 2.1 Youth Offending Theories……………………………………………...…………..…….….56 3 2.2 Developmental Criminology………………………………………………….…………….58 2.3 The Significance of Risk Research………..…………......……………………………….62 2.4 Life Course Criminology and Desistence Theories………………..……….……...68 2.5 Critiquing Individual Theories of Crime.………………………………………………75 2.6 The Relevance of Critical and Marxist Theory……………………………………....80 2.7 Theorising Youth Justice Intervention…………………………………………………87 Chapter 3 - Methodology………………………………………………………………………….………89 3.1 The Researcher.………………………………………………………………………….………90 3.2 Qualitative Methods in Criminology…………….……………………………..………..93 3.2.1 Naturalism………………………………………….…………………………..…….…94 3.2.2 Interpretivist Analysis.…………………….……………………………………….95 3.2.3 Grounded Theory and Inductive Research…………………….….….……96 3.2.4 Interviewing…………………………………………………………………………....98 3.3 Ethical Considerations………………………………….…………………………………..100 3.4 Participants……………………………………………………………………………………...105 3.4.1 Facilitators…………………………………………………………….………...…….106 3.4.2 Tasmania Police /Early Intervention Unit………………...……………..106 3.4.3 Department of Youth Justice....………………………………………………..107 3.4.4 Department of Child Protection………………………………………………108 3.4.5 Save The Children…………………………………………………...……………..108 3.5 The Process of Criminological Research…………………………………………….111 3.5.1 Developing Interview Questions……………………………………………..111 3.5.2 Interviewing Participants……………………………………………………….112 3.5.3 Transcribing Interviews…………………………………………………………113 4 3.5.4 Research Analysis…………………………………………………………………..114 3.6 Studying Youth Justice Professionals…………………………….………….………..115 Chapter 4 - Youth Justice in Tasmania…………………………………………………………...117 4.1 Tasmanian Youth Justice Legislation………………………………………………….118 4.2 Supervising Young Offenders in Tasmania…………………………………………124 4.2.1 Tasmania Police…………………………………….………….…………...…........124 4.2.2 Department of Youth Justice…………………………………………………..135 4.2.3 Youth Magistrate’s Court………………..………………………………...…….139 4.2.4 Ashley Youth Detention Centre (AYDC)…………………………………..141 4.3 Building Pathways Out of Crime..………………………………………………………146 Chapter 5 – Professional Pathways, Perspectives and Practices…………………..148 5.1 Pathways into the Youth Justice Sector……………………………………………...149 5.1.1 Qualifications and Life Experiences………………………………………...150 5.1.2 Conference Facilitator Training………………………………………………152 5.2 Local Offending Cultures……………………………………...……………………………155 5.2.1 Parenting and Crime Families…………………………………………………156 5.2.2 Abuse and Trauma…………………………………………………………………160 5.2.3 Peer Networks……………………………………………………………………….164 5.2.4 Alcohol and Drug Abuse.………………………………………………………...167 5.2.5 Poverty………………………………………………………………………………….171 5.2.6 Victimisation………………………………………………………………………….174 5.3 Case Managing Young Offenders……………………..…………………………………177 5.3.1 The CHART Model………………………………………………………………….178 5 5.3.2 Building Rapport…………………………………………………………………...180 5.3.3 Early Intervention…….……………………………………………………………185 5.4 How is Youth Justice Facilitating Desistence?......….……………………..………189 Chapter 6 - Conferencing in Southern Tasmania…………………………………………...193 6.1 The Beginning of Restorative Justice in Tasmania…………………………...…195 6.2 Pre-Conference Work……………………………………………………………………….198 6.3 Attending a Conference…………………………………………………………………….206 6.3.1 Successful Conferences…………………………………………………………..207 6.3.2 Failed Conferences…………………………………………………………………212 6.4 Post-Conference Work……………………………………………………………………...218 6.5 The Effectiveness of Community Conferencing..…….…...………….....………..227 Chapter 7 – Improving Early Intervention Strategies……......………..……….………..231 7.1 Multi-Disciplinary Teams..………………………………………………………………...232 7.2 The Ropes Program…………………………………………………………………………..241 7.3 Resourcing Community Services…………………..…………..……………………….245 7.4 Policy Recommendations……………………………………………….…………………253 Chapter 8 – Conclusion……………………………………………………………………………….….257 8.1 The Benefits of Using Qualitative Research Methods to Study Youth Justice………………………………………………………………………………………….…..257 8.2 The Culture of Youth Offending in Southern Tasmania……………………….260 8.3 The Challenges of Practicing Restorative Justice…………………………….…..262 8.4 The Strengths of the Youth Justice Sector in Southern Tasmania………...265 6 8.5 Concluding Statement…………………………………………………………………….…267 Appendix A – Interview Guides…….…………………………………………………………………...270 Appendix B – Conference Documents………………………………………………………………..275 Appendix C – CHART Model (Offence Map)…………….………………………………………….288 References……………………………………………………………………………………………………….290 7 Acronyms and Abbreviations AOD Alcohol and Other Drugs AYDC Ashley Youth Detention Centre ADHD Attention Deficit Hyperactivity Disorder ABC Australian Broadcasting Corporation ABS Australian Bureau of Statistics AIC Australian Institute of Criminology AIHW Australian Institute of Health and Welfare CFS Child and Family Services CFC Commissioner for Children CP The Department of Child Protection DoE Department of Education DHHS Department of Health and Human Services DPEM Department of Police Emergency Management DPAC Department of Premier And Cabinet HREC Human Research Ethics Committee IOM Integrated Offender Management Unit JLD JLD Restorative Practices MHS Mental Health Service MDT Multi Disciplinary Team MTT Multi-disciplinary Treatment Team NSW New South Wales NT Northern Territory ODD Oppositional Defiance Disorder 8 PCYC Police Youth and Citizens Club RJ Restorative Justice RHH Royal Hobart Hospital STC Save The Children Tafe TasTAFE (the State funded trade school) U.K. United Kingdom YJS Youth Justice Services, Tasmania 9 List of Tables and Figures Tables Table 1.1: ABS National Youth Crime Statistics 2008–09 to 2013–14 Table 1.2: Offending Rates by Age: 2012-13 to 2013-14 Table 1.3: Youth Offender Rates by Australian State and Territories 2009-14 Table 3.1: Summary of Participants Table 6.1: Examples of Conference Outcomes Provided in Interviews Figures Figure 1.1: Daily Supervision of Young Offenders in Tasmania Figure 4.1: The Tasmanian Youth Justice System Figure 5.1: CHART Module Structure 10 Acknowledgements My academic journey has been rewarding and challenging. This is because I studied part-time and worked full-time for nearly the entire duration of the PhD. It has only been due to the support of select individuals that enabled me to complete this thesis. I therefore wish to acknowledge the following people. • Dr. Max Travers, for taking the time to help me develop my academic skills over the years. If it were not for your support, I would not have completed this thesis. • Professor Rob White, for encouraging me to undertake the PhD and for your support as the head of Criminology. • Professor Roberta Julian, as my secondary supervisor. I wish to thank you for your time and support. • To my mother Ineke and Oma, Therese, who have both been supportive over the
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