Today the Territory Labor Government introduced new amendments to the Youth Justice Act that relate to 11 recommendations from the Royal Commission into the Protection and Detention of Children in the NT report.
The amendments are designed to increase options for youth diversion, bail support, and restorative rehabilitation, as well as ensure consistency and fairness in young peoples access to legal assistance, information and privacy.
Improving access to youth diversion programs for at-risk young people will ensure that there is a higher uptake of young people engaged in programs that deal with the causes and consequences of bad behaviour, and stop them from reoffending.
The main features of the Youth Justice and Related Legislation Amendment Bill 2019 include:
Removing legislative barriers to youth diversion and making it more accessible
New limits to reduce the length of time young people are held in Police custody without charge
Ensuring earlier access to legal assistance, improving young peoples understanding of their rights and protecting their right to privacy
Improving the application of bail for young people and decriminalising breach of bail conditions as an offence thereby cutting red tape and putting the focus on tackling criminal behaviour
Arrest is used as a measure of last resort. This aligns with the Governments reform focus on prevention and alternatives to detention
Protecting the right to privacy with all court proceedings involving young people held in a closed court
These legislative changes support the Territory Labor Governments investments in early intervention, prevention, and alternative to detention programs. These include the Breaking the Cycle of Youth Crime plans, Back on Track program, diversion camps, and victim offender conferencing.
These legislative amendments have been developed in consultation with the Legislative Amendment Advisory Committee (LAAC) and targeted consultation with LAAC members including NT Police, North Australian Aboriginal Justice Agency (NAAJA,) Aboriginal Peoples Organisation of the NT (APONT), Danila Dilba Health Service, and NT Legal Aid Commission.
As stated by Minister for Territory Families, Dale Wakefield
The Territory Labor Government is creating safer communities by breaking the cycle of youth crime with a system overhaul that includes extensive law reform.
These amendments to the Youth Justice Act will ensure that at-risk young people have better access to youth diversion programs that deal with the underlying causes and consequences of bad behaviour, while also strengthening their legal rights.
We need to reform our at-risk young people, not break them. We are putting in place an effective youth justice system that will allow these young people to become productive members of our society as adults, not lifelong criminals.
NOTE: See attached case study examples for breach of bail changes.
