Law and Safety Committee's inquiry into the adequacy of youth diversionary programs in NSW

Adequacy of Youth Diversionary Programs in New South Wales

Summary of the Inquiry

The Legislative Assembly of New South Wales' Law and Safety Committee conducted an inquiry into the adequacy of youth diversionary programs in the state. This inquiry, titled "The Adequacy of Youth Diversionary Programs in New South Wales," sought to evaluate the effectiveness of these programs in deterring juvenile offenders from continued involvement in the criminal justice system. The committee received 28 written submissions and held three days of public hearings, gathering insights from various stakeholders, including youth justice professionals, legal experts, and community organisations.  The inquiry also involved site visits to three Juvenile Justice centres to gain firsthand understanding of the issues and gather input from staff and detainees.

The inquiry broadly examined diversionary options at various stages of a young person's involvement with the justice system, ranging from early intervention and pre-court diversion to pre-sentence and post-conviction diversion. The final report, published in September 2018, identified key findings and recommendations for improving youth diversionary programs in NSW.

Key Recommendations

The report presents several recommendations for improving youth diversionary programs in NSW. These recommendations address a wide range of areas, including:

• Expanding the use of cautions: The committee recommends reviewing the number of cautions that police and courts can issue under the Young Offenders Act 1997 (YOA), suggesting an increase or the removal of limits altogether.  Additionally, the report suggests reconsidering the requirement for young people to admit guilt before receiving a caution or participating in a youth justice conference.
• Clarifying police procedures for cautions: The report recommends amending NSW Police Force policies to explicitly state that an electronically recorded interview of a suspected person (ERISP) is not mandatory before issuing a caution under the YOA.
• Improving bail support services: The report recommends increasing bail support services for young people under 18, particularly in regional areas, and specifically for Aboriginal youth and those with complex needs and extensive offending histories.
• Training on bail conditions: The committee recommends thorough training for NSW Police Force officers and courts handling juvenile criminal matters on setting bail conditions for young people under 18 to promote diversion whenever possible.
• Addressing breaches of bail: The report suggests amending the Bail Act 2013 to mandate consideration of a person's age when deciding on actions for breaches of bail.
• Increasing Youth Liaison Officers:  The report recommends employing a full-time Youth Liaison Officer in each Police Local Area Command across NSW.
• Enhancing diversionary programs in regional areas: The report highlights the need for increased availability of holistic, community-based programs in rural, regional, and remote areas of NSW. These programs should focus on diversion, early intervention, and crime prevention, addressing the underlying causes of youth offending.  The report also emphasizes attracting and retaining qualified individuals to deliver these programs and building capacity within local communities.
• Improving youth justice conferencing: The committee recommends an audit of youth justice conferencing across NSW to assess the need for more conference convenors or resources, particularly in regional, rural, and remote areas. The report further recommends ensuring the availability of fully trained youth justice conference convenors in all areas of the state.
• Exploring justice reinvestment: The committee recommends considering further research into the potential benefits of a justice reinvestment approach in NSW.
• Tailoring programs for diverse groups: The report recommends reviewing existing youth diversionary programs and efforts, consulting with girls and young women to assess their suitability and identify areas for improvement. The review should consider the need for more gender-sensitive options, especially for Aboriginal girls and young women.  The report also highlights the potential need for more diversionary programs tailored for young people from culturally and linguistically diverse communities in NSW.
• Expanding Youth on Track program: The committee recommends expanding the Youth on Track program across NSW if the results of an ongoing evaluation by the NSW Bureau of Crime Statistics and Research are positive.
• Increasing drug and alcohol rehabilitation services: The report highlights a significant lack of youth drug and alcohol rehabilitation services in NSW. The committee recommends increasing the availability of these services for individuals under 18, particularly detox facilities and intensive residential rehabilitation programs, focusing on regional areas and Western Sydney.
• Promoting Aboriginal community involvement: The report emphasises the importance of promoting Aboriginal community control and partnerships in designing and delivering place-based diversionary programs for Aboriginal youth.  The report also recommends further expansion of the Youth Koori Court, particularly in regional areas.
• Increasing Aboriginal staff: The committee recommends continuing to develop strategies to increase the number of Aboriginal individuals working in agencies and organisations involved with juvenile offenders and at-risk youth.
• Consulting with young people:  The report recommends ongoing consultations with young people, especially Aboriginal youth, regarding the content and delivery of diversionary programs and services.
• Co-designing programs with NGOs: The committee recommends promoting the involvement of non-government organizations in designing diversionary programs and efforts.
• Enhancing coordination and training: The report recommends increasing coordination between government and the non-government sector, potentially adopting a regional coordination model to optimize the quality of diversionary, early intervention, and prevention programs.  The report also emphasises the need for thorough training on trauma-informed practice for staff in all agencies and organisations working with young offenders and at-risk youth.
• Evaluating program effectiveness: The committee recommends incorporating evaluation requirements and funding into contracts with NGOs for delivering diversionary programs and services.

The report provides a comprehensive assessment of the adequacy of youth diversionary programs in NSW. The findings and recommendations offer valuable insights for policymakers and practitioners seeking to improve the effectiveness of these programs and promote positive outcomes for young people involved in the justice system.

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