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North-Australian-Aboriginal-Justice Submissions on Pre- and Post-Detention Royal Commission into the Protection and Detention of Children in the Northern Territory August 2017 NAAJA Submissions on Pre- and Post-Detention About NAAJA The North Australian Aboriginal Justice Agency (NAAJA) provides high quality, culturally appropriate legal aid services for Aboriginal people in the northern region of the Northern Territory in the areas of criminal, civil and family law, prison support and through-care services. NAAJA is active in systemic advocacy and law reform in areas impacting on Aboriginal peoples’ legal rights and access to justice. NAAJA travels to remote communities across the Top End to provide legal advice and advocacy. About these submissions These submissions respond to topics 1–10 identified by the Royal Commission in its call for submissions on pre- and post-detention. We have addressed topic 11 on legislative reform in each of the substantive topic areas. Our submissions are forward looking and aim to assist the Commission to frame practical recommendations that will improve outcomes for Aboriginal children and young people. We have drawn on NAAJA’s unique organisational knowledge, Aboriginal understandings and expertise as a long-term provider of culturally competent legal, therapeutic and social services to Aboriginal young people in Northern Australia. We have been particularly informed by the experiences of our clients, many of whom have bravely come forward to tell their stories to the Commission and share their ideas for change in the hope that the abuse and indignities they endured are never repeated. NAAJA endorses each of the submissions made on behalf of its clients who gave evidence to the Commission. Royal Commission into the Protection and Detention of Children in the Northern Territory Page | ii NAAJA Submissions on Pre- and Post-Detention About NAAJA ............................................................................................................................... ii About these submissions .............................................................................................................. ii List of acronyms .......................................................................................................................... iv Recommendations ....................................................................................................................... v Introduction ................................................................................................................................ 1 1 Youth crime prevention ........................................................................................................ 6 2 Police ................................................................................................................................. 16 3 Diversion ............................................................................................................................ 28 4 Youth Justice Conferencing ................................................................................................. 43 5 Bail..................................................................................................................................... 50 6 Youth Justice Court ............................................................................................................. 67 7 Referral programs ............................................................................................................... 97 8 Territory Families role ....................................................................................................... 111 9 Exit planning and post-release support.............................................................................. 121 10 Parole, probation and Community Corrections .............................................................. 134 Royal Commission into the Protection and Detention of Children in the Northern Territory Page | iii NAAJA Submissions on Pre- and Post-Detention List of acronyms AIS Aboriginal Interpreter Service APO NT Aboriginal Peak Organisations Northern Territory ASYASS Alice Springs Youth Accommodation and Support Services CAALAS Central Australian Aboriginal Legal Aid Service CJC Community Justice Centre DCF Department of Children and Families DPP Director of Public Prosecutions JDAI Juvenile Detention Alternatives Initiative JSS Jesuit Social Services MOU Memorandum of understanding NAAJA North Australian Aboriginal Justice Agency NAPLAN National Assessment Program – Literacy and Numeracy NGO Non-government organisation NTER Northern Territory Emergency Response SCA Supervised Community Accommodation SYBC Sentenced Youth Boot Camp YDU Youth Diversion Unit YORET Youth Outreach and Re-Engagement Team Royal Commission into the Protection and Detention of Children in the Northern Territory Page | iv NAAJA Submissions on Pre- and Post-Detention | Recommendations Recommendations Recommendation 1 That there is an immediate investment in early childhood intervention and risk-focused prevention services and programs for Aboriginal children and young people, from the earliest years of life onwards. Recommendation 2 That there is a commitment to long-term investment in primary and secondary crime prevention services. Recommendation 3 That government commits to the APO NT Partnership Principles and the creation of genuine partnerships with Aboriginal community controlled services and programs. Recommendation 4 That the partnerships are premised on building and strengthening, rather than displacing, Aboriginal organisational capacity and control. New services and programs must be co-designed with Aboriginal communities and organisations. Recommendation 5 That all police trainees and officers undertake youth-oriented training. All officers who interact with youth should undertake ongoing youth- oriented training as a yearly training requirement. Recommendation 6 That police in each remote Aboriginal community undertake relevant cross-cultural training. Recommendation 7 That there is an immediate audit of the suitability of the conditions of detention cells for young people in remote police stations and posts. Recommendation 8 That the conditions for detention of Aboriginal children and young people in remote police cells are made appropriate for the detention of children. Recommendation 9 That there is a statutory maximum time limit of four hours for detaining a child in custody as an ‘arrested suspect’ for the purpose of investigation. Recommendation 10 That a child who is charged and in custody shall be brought before the Youth Justice Court within 24 hours or is to be released on bail. Recommendation 11 That there is greater training in and compliance with the requirements of s 22 of the Youth Justice Act. Recommendation 12 That the annual police custody training include training that focuses on police obligations for young people in custody. Royal Commission into the Protection and Detention of Children in the Northern Territory Page | v NAAJA Submissions on Pre- and Post-Detention | Recommendations Recommendation 13 That there is a mandatory legislative requirement for young people to have access to legal advice and representation. Recommendation 14 That Northern Territory Police immediately enter into discussion for commencement of protocols with NAAJA. Recommendation 15 That a custody notification service is introduced in the Northern Territory. Recommendation 16 That s 18(2) of the Youth Justice Act and s 140 of the Police Administration Act are amended so that no child is questioned until they have had access to legal advice from a lawyer. Recommendation 17 That the register of persons to act as support persons includes Aboriginal Law and Justice Groups and/or Aboriginal community bodies. Recommendation 18 That support persons are trained in recognising the need for a child to access a lawyer prior to interview. Recommendation 19 That the Police General Order Youth Pre-Court Diversion is reviewed in light of the recommendations arising from the Royal Commission. Recommendation 20 That all police officers involved in youth diversion considerations receive training on the role and purpose of diversion, including trauma-informed and restorative justice approaches. Recommendation 21 That a ‘Failure to Divert Declaration’ is included in all police briefs for youth matters, setting out the reasons why diversion has been refused. It should be filed with the court at the same time as charges are filed. Recommendation 22 That traffic offences are not excluded from diversion. Recommendation 23 That the Northern Territory Government, on the advice of the Legislative Amendment Advisory Committee and other relevant agencies, remove certain other offences prescribed as ‘serious offences’ in the Youth Justice Regulations to facilitate greater access to diversion. Recommendation 24 That s 39(3)(c) of the Youth Justice Act is repealed. Recommendation 25 That legislation expressly sets out that admission of wrongdoing is not required for diversion and that any such admission is inadmissible in criminal proceedings. Royal Commission into the Protection and Detention of Children in the Northern Territory Page | vi NAAJA Submissions on Pre- and Post-Detention | Recommendations Recommendation 26 That reassessments for diversion under s 64 of the Youth Justice Act are conducted by an independent agency and include Aboriginal Law and Justice Groups and/or Aboriginal community bodies. Recommendation 27 That the Northern Territory Government
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