8 August 2018 the Hon Martin Pakula MP Attorney-General
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8 August 2018 The Hon Martin Pakula MP Attorney-General Level 26, 121 Exhibition Street Melbourne VIC 3000 By email to: [email protected] Dear Attorney-General Re: Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018 The Victorian Branch of the Royal Australian and New Zealand College of Psychiatrists (RANZCP Victorian Branch) writes to provide feedback on the Children, Youth and Families Amendment (Youth Offender Compliance) Bill 2018. The RANZCP is a membership organisation that prepares doctors to be medical specialists in the field of psychiatry, supports and enhances clinical practice, advocates for people affected by mental illness and advises governments on mental health care. The RANZCP Victorian Branch represents almost 1500 members including over 1000 qualified psychiatrists and nearly 400 members who are training to qualify as psychiatrists. The RANZCP Victorian Branch is concerned at punitive approaches to the management of youths which are unlikely to resolve the behavioural issues of children and young people. In providing this response, the RANZCP Victorian Branch wishes to emphasise that young people within the criminal justice system should be managed with a rehabilitative focus, with access to appropriate services, such as treatment for mental illness and drug and alcohol services. There is recognition that current youth justice services face a multitude of issues and that evidence shows that punitive (‘tough on crime’) narratives and responses do not reduce crime levels or reoffending behaviour (Parliament of Victoria, 2018). This proposed Bill does not address the central concerns facing the youth justice system. Drug testing trial The RANZCP Victorian Branch is concerned with the proposal to establish a trial of an alcohol and other drug testing regime for youth parolees. The RANZCP Victorian Branch acknowledges the damaging impact drug and/or alcohol dependency is having on young people, their families and communities and the importance of intervention to address substance abuse. The annual survey of young people involved 309 La Trobe Street, Melbourne VIC 3000 Australia T 03 9601 4924 F 03 9600 4281 [email protected] www.ranzcp.org ABN 68 000 439 047 with youth justice 2016 shows that 65% had a history of both alcohol and drug misuse. 82% of young people in custody report that the use of either drugs or alcohol were a factor that contributed to their offending behaviour (Department of Justice and Regulation, 2017). However, the RANZCP Victorian Branch is concerned that young people may be subject to assessment, treatment and potentially detention orders based on perceived substance dependence when they may have issues that are far more complex. The annual survey of young people involved with youth justice 2016 shows that 40% of young people in custody presented with a mental health issue and 22% had a history of self-harm or suicidal ideation. It is therefore likely that there are a number of youth offenders identified as having a history of drug and alcohol misuse who also have a comorbid mental illness. The RANZCP Victorian Branch is concerned that abstinence and treatment orders may have a detrimental effect on perpetuating and exacerbating mental illness faced by some young parolees. Assessment and treatment that is targeted at only reducing or ceasing substance use is unlikely to achieve any benefit; rather, young people with complex psychosocial needs and disadvantage need a holistic model of treatment that addresses their social, psychological and biological needs. The Bill gives powers to direct a youth parolee subject to an abstinence, treatment or testing condition to undergo testing to assess whether they have consumed or used alcohol, drugs of dependence, a Schedule 8 Poison or a Schedule 9 Poison. The purpose of the testing is to promote rehabilitation, and it is said to be in the best interests of children who may be subject to the provision (Pakula, 2018). However, the RANZCP Victorian Branch contends that the testing is merely to identify use or consumption. There is no established method of biological testing that can establish whether a person has a substance use disorder. In addition, the time in which a substance can be detected in a person varies for each drug. For example, cannabis can be detected in the system up to 30 days after use (Children’s Justice State Council, 2011). Furthermore, urine samples are unlikely to measure or compare drug concentrations. Therefore, our concern is that the test will merely identify use, rather than problematic use. For young people subject to a testing or treatment condition (rather than an abstinence- based order), the rationale for why they should be subject to drug testing is unclear. In terms of assessment and treatment, we have concerns about the capacity of the justice and health systems to: firstly, provide adequate assessment, and subsequently, appropriate treatment. The Bill does not outline how this will be performed and resourced. The RANZCP Victorian Branch would not support such monitoring in the absence of drug and alcohol and drug intervention services. There are critical workforce shortages in addiction treatment, particularly youth-specific addiction psychiatry. There are approximately just four publically funded psychiatry positions across the whole state to provide treatment to people with addiction. Children and youth need a model of assessment and treatment that is tailored to their stage in the lifespan, and developmentally appropriate. It would not be suitable to refer children and youth to an adult specific service if there was one available. Electronic Monitoring The RANZCP Victorian Branch has some concerns with the proposal to establish a trial of electronic monitoring as a condition on parole orders for certain young people on parole for serious offences. The RANZCP Victorian Branch understands the benefits of using the latest available technology to monitor young people on parole. However, the Victorian Branch is concerned that a visible ankle bracelet may cause stigma to young people on parole. We would therefore suggest the Victorian Government considers investigating electronic monitoring devices which are not visible to members of the community. If this Bill is passed without amendment, the RANZCP Victorian Branch would like the Government to closely monitor the effect of the parole breaches on young people. One of the intended consequences of the Bill is to enhance an offender’s prospects of rehabilitation. The provisions are also intended to facilitate the granting of parole to young persons whose risk of reoffending may otherwise require their continued detention. The RANZCP Victorian Branch welcomes these aims to reduce the amount of time a young person is detained in prison and decrease rates of incarceration. It is the RANZCP’s position that the detention of children should only occur as a last resort. There is a significant body of evidence documenting the links between mental health issues and incarceration, as well as between childhood trauma and future psychosocial problems. Removal of a child from the home, even for a brief period, is itself a traumatic event. Loss of liberty, personal identity, and familiar landscape of daily life is a frightening, disorienting, and life-changing event for a person of any age, but it is especially so for young people. It subjects youth to a complete loss of control and forced exposure to a negative peer culture (Burrell, 2013). The RANZCP Victorian Branch welcomes the understanding from the Attorney-General that young people can be impulsive and that some breaches of the electronic monitoring conditions, such as reporting late for a curfew, may be minor or technical. These circumstances should not warrant the cancellation of parole and instead parolees should be supported to maintain their conditions of parole. The RANZCP Victorian Branch suggests that the trial is evaluated after 1 year of operation, rather than 2 years as currently outlined in the Bill to ensure it meets the intended aims of rehabilitating offenders. If you have any queries about the content of this letter, please contact RANZCP Victorian Branch Policy and Advocacy Advisor Adele Beasley on (03) 96014978 or at [email protected]. Yours sincerely Associate Professor Richard Newton Chair, RANZCP Victorian Branch CC: Shadow Attorney-General, Mr John Pesutto MP at [email protected] Minister for Families and Children, The Hon. Jenny Mikakos MLC at [email protected] Shadow Minister for Families and Children, Ms Georgie Crozier MLC at [email protected] References Burrell S (2013) Trauma and the Environment of Care in Juvenile Institutions. Los Angeles & Durham: National Center for Child Traumatic Stress. Children’s Justice State Council (2011) Drug Testing Practice Guidelines. Iowa, USA: Children’s Justice State Council. Available at: https://ncsacw.samhsa.gov/files/IA_Drug_Testing_Bench_Card_508.pdf (accessed 3 August 2018). Department of Justice and Regulation (2017) Youth Parole Board Annual Report 2016-17. Victoria: Department of Justice and Regulation. Pakula M (2018) Children, Youth And Families Amendment (Youth Offender Compliance) Bill 2018 Statement of Compatibility. Melbourne, Victoria: Parliament of Victoria. Parliament of Victoria (2018) Inquiry into youth justice centres in Victoria Final Report. Melbourne, Victoria: Parliament of Victoria .