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DEPARTMENT OF HEALTH AND FAMILIESYouth Justice Advisory CommitteeAnnual Report 2008-09

Youth Justice Advisory CommitteeAnnual Report 2008-09YJAC Members from left to right: Karlie James, Acting Superintendent Pauline Polychrone,Superintendent Michael White, Sue Healy, Stewart Willey, Antoinette Carroll,Helena Blundell, Peter Curwen-Walker, Cynthia Walker and Trish van Dijk.Absent: Jean Brown and David Ross.

Prepared by:Youth Justice Advisory Committee SecretariatYouth Services BranchDepartment of Health and FamiliesPO Box 40596CASUARINA NT 0811September 20092Youth Justice Advisory Committee

The Hon Malarndirri McCarthyMinister for Children and FamiliesParliament HouseDarwin NT 0810September 2009Dear MinisterIt gives me great pleasure to present you with the 2008-09 Youth JusticeAdvisory Committee (YJAC) Annual Report, in accordance with section 213of the Youth Justice Act.On behalf of YJAC, I would like to thank you for establishing YJAC inJanuary 2009. The YJAC is focused on improving the effectiveness of theyouth justice system in the NT particularly with respect to crime preventioninitiatives and the rehabilitation of young offenders. Despite the fact thatYJAC has only had two face to face meetings in 2009 it is apparent thatYJAC will play a lead role on youth justice issues including addressing riskfactors which may be linked to offending behaviour.I would also like to thank YJAC members for their work throughout the year,identifying issues within the youth justice sector and contributing to thedevelopment of the YJAC work plan. I look forward to working with you tosupport and advocate for young people in the criminal justice system.Yours sincerelyAntoinette CarrollYouth Justice Advisory CommitteeChairAnnual Report 2009 3

Youth Justice Advisory CommitteeBackgroundThe Youth Justice Act commenced on 1 August 2006.Part 13 of the Youth Justice Act (2006) provides for the establishment of the YouthJustice Advisory Committee (YJAC).On 1 July 2008, responsibility for the Youth Justice Act (except Part 3 and provisionsrelating to juvenile detention) was transferred from the Minister for Justice andAttorney-General, Department of Justice to the Minister for Children and Families,Department of Health and Families.The Youth Services Branch, Department of Health and Families is responsible forproviding Administrative and Secretariat support to the YJAC.FunctionsThe YJAC has the following statutory functions:(a) to monitor and evaluate the administration and operation of the Youth JusticeAct;(b) to advise the Minister (whether on request by the Minister or otherwise) onissues relevant to the administration of youth justice, including the planning,development, integration and implementation of government policies andprograms concerning youth;(c) to collect, analyse and provide to the Minister information relating to issues andpolicies concerning youth justice;(d) any other functions imposed by the Youth Justice Act; and(e) any other functions as directed by the Minister.MembershipUnder the Youth Justice Act, the YJAC must consist of not less than eight and notmore than 12 members appointed by the Minister. The Committee must reflect thecomposition of the community at large and comprise government, non governmentand community representatives. The term of office is three years or as stated in theInstrument of Appointment. Members are eligible for re-appointment.Ten members were appointed by the Minister in December 2008, with the 11th and12th members being appointed in January and May 2009 respectively. Membershave been appointed until 12 December 2011.4Youth Justice Advisory Committee

MembersRepresentative BodyAntoinette Carroll (Chair)Helena BlundellGovernment AgencyPeter Curwen-WalkerActing Superintendent Pauline PolychroneDavid RossSuzan HealySuperintendent Michael WhiteCommunityMs Cynthia WalkerJean (Napanangka) BrownMs Patricia van DijkKarlie JamesStewart WilleyAnnual Report 2009 5

Representative Body MembersAntoinette Carroll (Chair)Alice SpringsAppointed under section 206(2)(f) of the Youth Justice ActMs Carroll was nominated by the Northern Territory Youth Affairs Network, a keyyouth organisation in the Northern Territory. Ms Carroll is intimately familiar withYouth Justice in the Northern Territory and has been a member of the CentralAustralian Youth Justice Committee (CAYJ) since 1999. She is currently employedby Central Australian Aboriginal Legal Aid Service (CAALAS) as the Youth JusticeAdvocacy Project Worker. This project provides direct court support to young peopleand/or their families when a young person is involved in the criminal justice system.Ms Carroll also participates in community partnerships, networks and forums on aregional and national crime prevention level.Ms Carroll is a strong advocate for improving the rights of access and equity foryoung people in the legal system and addressing risk factors which may be linked tooffending behaviour.Ms Carroll is able to draw on her wide experience with young people in a variety ofprograms in several Australian jurisdictions. Ms Carroll has lived in Alice Springsfor ten years and during this time has worked exclusively with young peopleand families, including coordinating the Reconnect Program, a support programfor Indigenous youth and families which, in 2005 received an award from theDepartment of Justice for its efforts in crime prevention initiatives.Helena BlundellDarwinAppointed under section 206(2)(g) of the Youth Justice ActMs Blundell was nominated by the Law Society of the Northern Territory. Ms Blundellis a general criminal law practitioner with NT Legal Aid and continues to attend toYouth Justice Court matters on a regular basis.Ms Blundell is a current board member of the YWCA in Darwin.6Youth Justice Advisory Committee

Government Agency MembersPeter Curwen-WalkerDarwinAppointed under section 206(2)(a) of the Youth Justice ActMr Curwen-Walker has 21 years experience in the Correctional Services field in theNorthern Territory, particularly in relation to the management of juvenile offenders.As such, he is acutely aware of the needs of young offenders in both a custodial andcommunity setting.Mr Curwen-Walker commenced with Northern Territory Correctional Services as aCommunity Corrections Officer in 1987 and has worked in remote locations suchas Groote Eylandt, Wadeye and Nganmarriyanga. Since his commencement hehas held various positions including Senior Community Corrections Officer in AliceSprings, Manager of Katherine and Palmerston Community Corrections and hasacted in the position of General Manager, Community Corrections.In July 2001 he was appointed General Manager Juvenile Detention. Mr Curwen-Walker was also a member of the Steering Committee tasked with reviewing theJuvenile Justice Act which culminated in the Youth Justice Act. Mr Curwen-Walkerbrings many years of experience in the youth justice arena to the YJAC.Acting Superintendent Pauline PolychroneDarwinAppointed under section 206(2)(b) of the Youth Justice ActActing Superintendent Polychrone was nominated by the Commissioner of Police forher many years of involvement and dedication to youth affairs.Over the past 23 years, Acting Superintendent Polychrone has worked with theJunior Police Ranger program, was a school based Police Officer at Dripstoneand Sanderson High Schools, and is currently in charge of the NT Police CrimePrevention Division.Acting Superintendent Polychrone is also an Authorised Officer appointed under theYouth Justice Act and member of the Family Responsibility Program InteragencyCollaboration Panel in Darwin.Annual Report 2009 7

David RossAlice SpringsAppointed under section 206(2)(c) of the Youth Justice ActMr Ross was nominated by NT Families and Children (NTFC), the Agencyresponsible for protection of children and young people. This nomination was basedon his role in NTFC and his various roles in community welfare in the NorthernTerritory.Mr Ross has worked for NTFC for 15 years as a Case Worker, Staff DevelopmentOfficer, Team Leader, Manager and Senior Manager. He is currently the SeniorManager for Strategic Projects and Policy and System Support Central Australia. Hewas a founding member of the Child and Youth Safety Strategy Committee and AliceSpring Youth Accommodation and Support Services and worked with TangentyereCouncil’s night patrol and as a staff counsellor. In NSW, Mr Ross worked with youthin juvenile diversion, youth accommodation and as a drug and alcohol counsellor.Suzan HealyDarwinAppointed under section 206(2)(d) of the Youth Justice ActMs Healy is the Principal of Casuarina Senior College.Ms Healy commenced teaching in 1980 with her first posting being MorningtonIsland in Queensland. She has since taught in 16 schools throughout Queensland,a number of which were in areas characterised as complex: low-socio economic,culturally diverse with high levels of family dysfunction and community tensions.Ms Healy’s formal qualifications include a Diploma of Teaching, Bachelor ofBusiness, Masters of Learning Management and she is currently undertakingDoctoral Studies.Further relevant credentials include: membership on the District and RegionalStudents with Disabilities Committee; Chair of the Re-engaging Youth and EducationStrategic Advisory Committee; Chair of the Alternative Education Programs (TheAnnexe) Strategic Advisory Committee; and member of the Stylin’Up Youth FestivalOrganising Committee.Additionally, Ms Healy has been an invited speaker at a number of publicengagements including: key note speaker at the Pedagogy Conference - HumanMovement Studies (University of Queensland) and guest speaker at the YouthEngagement Working Group (Brisbane City Council); Community SchoolingSeminar; Our Community Festival – Education and Young People and theCommunity Schooling Seminar (Brisbane).Ms Healy joined the Northern Territory Public Service in May 2007.8Youth Justice Advisory Committee

Superintendent Michael WhiteAlice SpringsAppointed under section 206(2)(e) of the Youth Justice ActSuperintendent White was nominated by the Commissioner for Police as the Agencyresponsible for crime prevention.Superintendent White has served in the NT Police for 24 years, specialising as aCrime Command Unit detective in the Drug Squad and criminal investigation areasfor a number of years. He has also served as a General Duties Officer in a variety ofcommunities across the Top End.Now based in Alice Springs, Superintendent White is the Youth Services Coordinatorresponsible for the creation of and subsequent management of the Alice SpringsYouth Hub. This role includes the development of strategies to assist in the reductionof youth crime, oversight of diversionary activities and programs in Alice Springs.As part of this role, Superintendent White is the Chair of the recently formed YouthTasking and Coordination Group, which is made up of government and nongovernmentagencies for the purpose of developing strategic level integrated casemanagement of youth offenders and the coordination of service delivery to youthacross all agencies.Superintendent White is also an Authorised Officer appointed under the YouthJustice Act and member of the Family Responsibility Program InteragencyCollaboration Panel in Alice Springs.Annual Report 2009 9

Community MembersMs Cynthia WalkerAlice SpringsAppointed under section 206(2)(h) and 203(d) of the Youth Justice ActMs Walker is a self nominated Aboriginal community member.Ms Walker has worked as a youth worker with the Gap Youth Centre in relation tohomelessness and truancy issues. Ms Walker assisted in identifying activities foryoung offenders to attend as part of their diversionary programs when she was theProgram Coordinator in the Police Juvenile Diversion Unit. She has also been aLiaison Officer at the Yipirinya School, a Foster Carer with Family and Children’sServices and Sports Coach for youth netball teams. Ms Walker has been involved inyouth work on a voluntary basis for the past 10 years.Jean (Napanangka) BrownYuendumuAppointed under section 206(2)(h) of the Youth Justice ActMs Brown is an Aboriginal community member and was nominated by the Mt TheoProgram, with which she has had involvement since its inception. Ms Brownvolunteered to care for young people at the Outstation for many years and worked asa full-time carer for over 12 months.Ms Brown currently works with the Women’s Centre in Yuendumu and her dutiesinclude the Yuendumu Night Patrol. This includes driving in the community during theevening, making sure young people are safe and not getting into trouble. Ms Brownassists the youth program in Yuendumu when problems arise between childrenand/or families and she has strong community respect in such conflicts. Ms Brown iswell placed to provide good community and youth insight.Ms Patricia van DijkAlice SpringsAppointed under section 206(2)(h) and (e) of the Youth Justice ActMs van Dijk is an Official Visitor within Part 9 of the Youth Justice Act. Ms van Dijkwas invited to nominate as she has a very wide understanding of youth issues,detention centres, prisons, education and programs in the community generally andthe justice system in particular.Ms van Dijk is well connected in the community and has built a substantialcommunity network through her personal and professional activities in Alice Springs.10Youth Justice Advisory Committee

She was involved in the Alice Springs Art Foundation (Chair) for many years andstill maintains a keen interest in the Arts, the Mental Health Association (Chair) andthe Central Australian Youth Justice Group, a committee that operated from 1997 to2001, advocating for youth issues relating to homelessness, mandatory sentencing,substance misuse and parental neglect.Karlie JamesDarwinAppointed under section 206(2)(h) and 203(c) of the Youth Justice ActMs James was nominated by the Palmerston and Rural Youth Service (PARYS) astheir representative on the Youth Justice Advisory Committee. Ms James is a 24 yearold Indigenous Territorian.Her role as a Client Service Officer with the North Australian Aboriginal JusticeAgency provides the opportunity to work closely with Indigenous defendants in courtand provide ongoing support. Ms James travels regularly to remote communitieson the bush court circuit. Most recently this has included the Daly River (Nauiyu),Wadeye, Jabiru, Oenpelli and Maningrida.Ms James was a member of the 2007 Youth Minister’s Round Table of YoungTerritorians, FORWAARD and is currently a member of the Top End NAIDOCCommittee.Stewart WilleyTennant CreekAppointed under section 206(2)(h) of the Youth Justice ActMr Willey was nominated following a recommendation from Magistrate Melanie Little.Over the last 23 years Mr Willey has been designing, implementing, and evaluatingprograms for young people to develop their skills. This has also involved the trainingand assessment of staff to ensure that quality programs are being delivered.Mr Willey is the Manager of the Julalikari Council Aboriginal Corporation YouthDevelopment Unit (YDU). The YDU works mainly with at risk Indigenous youngpeople, in the areas of diversion, court support and Community Corrections support.Mr Willey has also been a key facilitator in the establishment of an alternativeeducation program linked to the local high school, devised to meet the needs of localdisengaged youth.In the last 11 years Mr Willey has been an advocate for the ongoing youth needsand issues within the community and has developed working partnership with peakbodies, government agencies, community groups and other youth organisations.Annual Report 2009 11

MeetingsThe YJAC held four meetings during the 2008-09 financial year. The Inauguralmeeting was held at Parliament House in Darwin on 28 January 2009 and thesecond face to face meeting was held at the Crowne Plaza in Alice Springs on28 May 2009. The Minister for Children and Families attended both meetings. TheCommittee held two teleconferences between the face to face meetings.Following each meeting, minutes were prepared by the Secretariat and distributedto members for comment before forwarding to the Minister through the ExecutiveDirector Northern Territory Families and Children.Priority TasksIn developing its Work Plan, the Committee identified the following key priority tasks:► preparing the YJAC Annual Report;► establishing the Register of Appropriate Support Persons; and► monitoring the Youth Justice Act.IssuesOther focus issues identified by YJAC members are as follows:• review of Part 6A of the Youth Justice Act - particularly Family Support Centresand case management models;• mandatory reporting – section 26 Care and Protection of Children Act;• naming young offenders in the media;• compliance with separate youth/children’s court and processes;• access to education and alternative education;• access to other services, including alcohol and drug rehabilitation for youngpeople under eighteen years of age;• Community Work Order programs;• diversion and weekend detention; and• training for Police dealing with youth under the Youth Justice Act.12Youth Justice Advisory Committee

Letters were drafted by the YJAC on some of the key issues listed above. Letterswere circulated by the YJAC Secretariat out of session and sent through the Chair tothe following people:Minister Malarndirri McCarthy,Minister for Children and Families – Mandatory ReportingCommittee members expressed major concerns with Mandatory Reporting as persection 26 of the Care and Protection of Children Act (CPCA). Although MandatoryReporting falls under the CPCA, members raised concerns about when youngpeople themselves place themselves at risk of being charged for section 26 offences.This concern falls within the functions of the YJAC, prescribed in section 204 (a) and(b) of Youth Justice Act.Mr Greg Shanahan,CEO Department of Justice – Community Work Order programCommittee Members are particularly concerned that there may currently beinsufficient Community Work Order projects available to which young offenders mightbe referred as a sentencing alternative.Mr Greg Shanahan,CEO Department of Justice – Separate Youth/Children’s Court and ProcessMembers expressed concern that court proceedings for youth are not separate fromthe places in which proceedings for adults are held, as required by section 48(2)(b)of the Youth Justice Act.Commissioner Paul White,Commissioner of Police – Training for dealing with youth under the Youth Justice ActMembers expressed their concern that Police are not trained to deal with the specialneeds presented by youth under the Youth Justice Act.Follow up to these issues is being progressed by the YJAC and will be reported on inthe next Annual Report.Register of Appropriate Support PersonsThe establishment and maintenance of a Register of Appropriate Support Persons isidentified as a key task for the YJAC in section 14 of the Youth Justice Act.Significant progress was made in establishing a Register of Appropriate SupportPersons, with a Service Plan between the Department of Health and Families andCatholicCare NT (formerly Centacare NT) in the final stages of development.Annual Report 2009 13

ConclusionThe Youth Justice ActThe Youth Justice Act is a relatively new instrument, but forms a solid foundationon which to move forward. Many of the agencies charged with youth justiceresponsibilities have undergone significant restructure in recent times, creatingmany opportunities within these agencies to enhance their role and function inimplementing the Act.The YJAC is also a new body and has an important role. One of YJAC’s mainobjectives is to monitor the Youth Justice Act, which has a number of provisionsregarding how young people should be dealt with in the criminal justice system. TheYJAC will undertake research in relevant areas including new trends in the area ofyouth justice and the high level of offending and incarceration of Indigenous youngpeople.It is envisaged that future YJAC reports will be able to provide a more constructiveand practical analysis of how young people are processed in the criminal justicesystem in the Northern Territory and that key recommendations from YJAC annualreports will be actively pursued by the Northern Territory Government. YJACwill continue to focus on building collaborative processes with other agenciesand service providers to advise the Minister on innovative policy and programsconcerning youth justice.Youth Justice Advisory CommitteeSecretariatYouth Services BranchDepartment of Health and FamiliesPO Box 40596CASUARINA NT 0811Phone: 8999 2536Fax: 8999 3883Email: cassie.harradine@nt.gov.au14Youth Justice Advisory Committee