The majority of the submissions acknowledge ʹ explicitly or implicitly ʹ that secure detention occupies a necessary position within the youth justice system in Tasmania but emphasise that it must only be used as a measure of last resort.
dŚĞ ŝƌĞĐƚŽƌ ŽĨ WƵďůŝĐ WƌŽƐĞĐƵƚŝŽŶƐ ;WWͿ ĞdžƉůĂŝŶƐ ƚŚĂƚ ͚ƚŚĞƌĞ ǁŝůů ďĞ Ă ƉůĂĐĞ ĨŽƌ ĚĞƚĞŶƚŝŽŶ ŝŶ ĂŶLJ ƌĞĂƐŽŶĂďůĞƌĂŶŐĞŽĨLJŽƵƚŚũƵƐƚŝĐĞƐƚƌĂƚĞŐŝĞƐ͛ďĞĐĂƵƐĞLJŽƵƚŚƐǁŝůůĐontinue to commit serious crimes ŽƌĨĂŝůƚŽƌĞƐƉŽŶĚƚŽĂůƚĞƌŶĂƚŝǀĞĚŝƐĐŝƉůŝŶĂƌLJŵĞƚŚŽĚƐ͘,ĞƐĂLJƐ͕͚ĨŽƌƚŚŽƐĞĐĂƐĞƐ͕ǁŚŝĐŚǁŝůůďĞƌĂƌĞ͕ ĚĞƚĞŶƚŝŽŶǁŝůůďĞƌĞƋƵŝƌĞĚŝŶŽƌĚĞƌƚŚĂƚƚŚĞĐŽƵƌƚƐ͛ĨƵŶĐƚŝŽŶƐŽĨĚĞƚĞƌƌĞŶĐĞ͕ƌĞƚƌŝďƵƚŝŽŶĂŶĚ;ǁŚĞƌĞ applicable) commuŶŝƚLJƉƌŽƚĞĐƚŝŽŶĐĂŶŽƉĞƌĂƚĞ͛͘dŚĞWWŶĞǀĞƌƚŚĞůĞƐƐƐƵƉƉŽƌƚƐƚŚĞĞŶŚĂŶĐĞŵĞŶƚŽĨ judicial discretion by providing a wider range of sentencing options to the courts when sentencing, including alternative forms of detention.
Mission Australia states:
We do acknowledge that detention is required for some offenders and offences, but are concerned that it is over-‐utilised, costly, does not act as a deterrent, and leads to poorer long term outcomes both for the individual and the community.185 Young people who are incarcerated are likely to lose links with their families, suffer violence at the hands of other inmates, and experience unstable living conditions upon release.186 Detention also has a significant negative effect on future employment prospects of young people.187 Given the substantial implications for the young person and the broader community that arise as a result we consider it to be a matter of priority to provide meaningful alternatives to detention.
Alternative forms of detention
dŚĞ ,>^ ͚ďĞůŝĞǀĞƐ ƚŚĂƚ ŝŵƉƌŝƐŽŶŝŶŐ LJŽƵŶŐ ŽĨĨĞŶĚĞƌƐ Ăƚ ƐŚůĞLJ ŝƐ ŝŶĞĨĨĞĐƚŝǀĞ ĂŶĚ ŝŶĂƉƉƌŽƉƌŝĂƚĞ͕͛ noting that:
x its location makes it difficult for young offenders to maintain contact with family and friends x Ashley is largely inaccessible via transport other than a motor vehicle
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x AƐŚůĞLJ͛ƐƐŝnjĞŵĞĂŶƐŝƚŝƐŶŽƚĂƐƵďƐƚŝƚƵƚĞĨŽƌĂŚŽŵĞĞŶǀŝƌŽŶŵĞŶƚ͘dŚŝƐŚĂƐƚŚĞĞĨĨĞĐƚŽĨŝƐŽůĂƚŝŶŐ LJŽƵŶŐƉĞŽƉůĞĨƌŽŵ͚ŶŽƌŵĂů͛ŚŽŵĞĞŶǀŝƌŽŶŵĞŶƚƐĂƚĂƚŝŵĞǁŚĞŶƚŚĞLJŶĞĞĚƚŚĞŵŵŽƐƚ͛͘
HCLS would prefer that Ashley be replaced with a number of smaller regional detention facilities resulting in the following benefits and says:
x These facilities would better imitate home environments, thereby promoting a healthier culture. x Each detainee would be closer to family and friends than he or she would otherwise be ͙
x Detainees would be better able to maintain links with local employers and education providers, thereby improving post-‐release outcomes and re-‐integration. A young offender could, for example, gain work experience with a nearby employer with a view to moving to full time employment upon release. The obligation of youth detention facilities to promote reintegration post-‐release is manifested in article 40 of the United Nations Convention on the Rights of the ŚŝůĚ;͚ZK͛Ϳ͘
DoJ raises the issue of combining all custodial services within the one agency regardless of the age of the offender and goes on to say:
Separate facilities were suggested for offenders aged 13 to 18, 18 to 25 and 25 to adult. Consideration could be given to the development of such facilities during future capital investment decisions or the ongoing redevelopment of the Risdon Prison site. Offenders within the age group of 18 to 25 are still maturing and can be very impressionable. The Tasmania Prison Service believes it may be preferable not to have these young adults housed with older offenders. Such a system may also enable a more seamless transition for young people in detention and the continuity of services to offenders to support planned outcomes.
The Department recommends that any infrastructure planning is undertaken following clarification of the direction, vision, aims, structures and sentencing options for Youth Justice. A holistic approach which addresses education, social, health needs etc should also be taken into account during infrastructure planning.
zEKdĞdžƉƌĞƐƐĞƐĂƐƚƌŽŶŐǀŝĞǁƚŚĂƚ͚ĂŶŝŶƐƚŝƚƵƚŝŽŶĂůĚĞƚĞŶƚŝŽŶĐĞŶƚƌĞŝƐŶŽƚĂŶĂƉƉƌŽƉƌŝĂƚĞƉůĂĐĞĨŽƌ young people on remand and, in fact, the use of the AYDC facility for this purpose directly works against the ultimate goal of ƌĞĚƵĐŝŶŐĐƌŝŵĞŝŶdĂƐŵĂŶŝĂ͛͘Rather, YNOT points to other options such as in-‐home detention, electronic monitoring systems, a specific youth remand centre or a farm-‐ based system.
ƐĨŽƌĂůƚĞƌŶĂƚŝǀĞŵŽĚĞůƐƚŽƐŚůĞLJ͕zEKdƌĞĨĞƌƐƚŽƚŚĞƵƐĞŽĨ͚ǁĞĞŬĞŶĚ;^Ɖain) or night detention ;/ƚĂůLJͿ͛ ĂŶĚ ŶŽƚĞƐ ƚŚĂƚ ƐŵĂůůĞƌ͕ ƌĞƐŝĚĞŶƚŝĂů ŚŽŵĞƐ ŚĂǀĞ ďĞĞŶ ĞŵƉůŽLJĞĚ ŝŶ ŵĞƌŝĐĂ ͚ǁŝƚŚ ǀĞƌLJ ŚŝŐŚ ƌĞĚƵĐƚŝŽŶƐŝŶƌĞĐŝĚŝǀŝƐŵ͛.
dĂƐK^^ ƐƵƉƉŽƌƚƐ zEKd͛Ɛ ĐĂůů ĨŽƌ ĂůƚĞƌŶĂƚŝǀĞ ŵŽĚĞůƐ ƚŽ ŝŶƐƚŝƚƵƚŝŽŶĂů ĚĞƚĞŶƚŝŽŶ ƐƵĐŚ ĂƐ ƐŵĂůůĞƌ͕ residential homes and weekend or night detention.
Whitelion recommends the investigation and piloting of alternative secure accommodation options outside Ashley, with a priority on alternatives to remand detention within Ashley, particularly as it
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appears to be used as an accommodation option given the lack of alternative housing options in Tasmania.
Referring to the success of alternate juvenile detention programs, particularly in Missouri (a system of small, child-‐centred residential facilities generally within 75 ŵŝůĞƐŽĨĂLJŽƵƚŚ͛ƐŚŽŵĞͿ͕tŚŝƚĞůŝŽŶ notes:
Whitelion and Tasmanian organisation JLD Restorative Practices have commenced building an operating model for a secure residential facility in Tasmania with a focus on social rehabilitation through land managemenƚ ĞĚƵĐĂƚŝŽŶ ĂŶĚ ƉƌĂĐƚŝĐĞ͘ tŚŝƚĞůŝŽŶ͛Ɛ ƉƌŽǀĞŶ community partnership model and experienced youth workers and mentoring volunteers ǁŽƵůĚ ďĞ ůĞǀĞƌĂŐĞĚ ƚŽ ŝŶĐƌĞĂƐĞ ƚŚĞ LJŽƵŶŐ ƉĞƌƐŽŶ͛Ɛ ƐŽĐŝĂů ĐŽŶŶĞĐƚĞĚŶĞƐƐ͕ ǁŚŝůƐƚ ƋƵĂůŝĨŝĞĚ staff work with young people to eliminate the causes of their risk-‐taking and anti-‐social behaviours; resulting in a reduction in re-‐offending.
Acknowledging that secure detention generally (and specifically at Ashley) is not effective in reducing recidivism and making lasting positive differences in the lives of young people caught up in the youth justice system, Anglicare proposes an alternative located within the community:
Anglicare recognises there are times when confinement is needed, both for the safety of the young person and the commuŶŝƚLJ͕ďƵƚŝƐŽůĂƚŝŽŶĨƌŽŵƚŚĞLJŽƵŶŐƉĞƌƐŽŶƐ͛ĐŽŵŵƵŶŝƚLJ should only happen on rare occasions; our view is that ongoing healthy connections with community are an integral aspect of healing and an essential aspect of rehabilitation that seeks to strengthen a yŽƵŶŐƉĞƌƐŽŶ͛ƐŝŶǀŽůǀĞŵĞŶƚŝŶƚŚĞƐŽĐŝĂůĂŶĚĞĐŽŶŽŵŝĐůŝĨĞŽĨ their community. In other jurisdictions, state and territory Governments fund a broader range of community housing options that allow young people to receive intensive support, therapy and rehabilitation whilst also continuing their education and the development of positive relationships outside of the residence (for example in Hurstbridge Farm in Victoria, plus examples in New South Wales, the Northern territory and Western Australia) (McLean et al. 2011).