Introduction

Youth detention in NSW runs through six special youth justice centres, handling over eight thousand young offenders doing time and more than four thousand waiting for trials. The Children (Detention Centres) Act 1987 (NSW) makes sure these detained juveniles get treated right and their rights are respected while they’re in custody.

This system is designed to balance the needs of young offenders with community safety, emphasising rehabilitation and proper legal procedures.

Principles of Youth Detention & Youth Justice Centre

The Legal Framework and Child Protection

Youth detention in NSW is governed by the Children (Detention Centres) Act 1987 (NSW), which establishes the procedures and standards for holding young people in detention centres. This legislation ensures that detained youth are treated appropriately, emphasising rehabilitation over punishment. The Act outlines how young people must be managed within detention centres, focusing on their safety, well-being, and the provision of necessary support services.

Key aspects of the legal framework include:

• Detention Procedures: Establishes protocols for admission, daily management, and release of young detainees.
• Treatment Standards: Mandates humane treatment, access to education, and rehabilitation programs.
• Oversight Mechanisms: Provides for regular reviews and inspections to ensure compliance with legal standards.

Convention on the Rights of the Child

Australia is a signatory to the Convention on the Rights of the Child (CRC), which obligates the country to uphold the rights of detained youth. Under Article 37 of the CRC, children deprived of their liberty must be treated with respect and in a manner suitable for their age and needs. This includes:

• Separate Detention: Ensuring that young detainees are held separately from adult prisoners to protect their development and safety.
• Access to Legal Assistance: Guaranteeing that detained youth have prompt access to legal counsel and can participate in legal proceedings effectively.
• Rehabilitation Focus: Prioritising rehabilitation and reintegration into the community over punitive measures.

These commitments under the CRC reinforce the principles outlined in the Children (Detention Centres) Act 1987 (NSW), ensuring that the youth detention system in NSW aligns with international standards for the protection and treatment of young people in custody.

When Are Young People Sent to Detention in Youth Justice Centres?

Age of Criminal Liability

In NSW, the minimum age of criminal liability is 10 years old. This means that children under ten cannot be charged with an offence. If a child below this age commits an act that would be considered a criminal offence if performed by an older individual, it must be addressed outside the criminal justice system, typically through counselling and parental discipline.

There is ongoing debate regarding whether the age of criminal liability is appropriately set. Human rights advocates argue that the low age leads to the unnecessary decriminalisation of disadvantaged children, potentially causing long-term negative impacts on their adult lives. On the other hand, some believe that certain children commit serious offences that require adequate punishment to maintain public safety and uphold the justice system.

Types of Offences Leading to Detention

Young people in NSW may be sent to detention for committing serious indictable offences. When a young person is charged with such offences, the case is typically handled by the Children’s Court. If the offence is of a particularly severe nature, the matter may proceed to a committal hearing and be finalised in the District Court or Supreme Court.

Examples of serious indictable offences that can lead to detention include violent crimes, drug-related offences, and other significant breaches of the law that pose a risk to the community. The decision to detain a young offender is influenced by factors such as the risk posed to the community, the likelihood of the young person attending court, and the severity of the offence.

Court Processes and Detention

Which Court Handles Youth Offences

Young people aged between 10 and 18 who are charged with offences are generally processed through the Children’s Court. For serious indictable offences, cases proceed to committal hearings before being finalised in higher courts such as the District Court or Supreme Court. This structured judicial pathway ensures that youth offenders are managed within a system that emphasises their developmental and rehabilitative needs.

Bail or Remand Decisions

When a young person is charged with an offence, the police may grant bail. If bail is refused by the police, the individual must be brought before a court as soon as possible, typically the next business day. Courts may grant bail on a conditional basis, imposing requirements such as curfews, school attendance, or abstaining from alcohol, especially if the youth does not pose a risk to the community and is likely to attend court. Additionally, under Section 28 of the Bail Act 2013 (NSW), courts can impose accommodation requirements for youth. This provision has been criticised for disproportionately affecting homeless young people, as it often results in bail denial due to unsuitable living arrangements.

Juvenile Rehabilitation Programs in Youth Detention Centres

Educational and Vocational Training

Educational and vocational training programs in youth detention centres are designed to re-engage young people with their education and equip them with essential employment skills. The Education Training Unit offers opportunities for detainees to continue their schooling, ensuring they do not fall behind academically. Additionally, employment-related programs focus on developing practical skills that enhance job prospects upon release, such as computer literacy, vocational certifications, and resume writing.

Offence-Focused Intervention Programs

Offence-focused intervention programs aim to address and alter negative behavioural patterns to reduce re-offending rates. These programs include alcohol and drug counselling, anger management, stress management, and trauma-informed therapy. By targeting the underlying causes of criminal behaviour, these interventions help young people develop healthier coping mechanisms and make positive changes in their lives.

Support Services in NSW Youth Detention

Mental Health and Psychological Support

Youth detention centres in NSW prioritise the mental health and psychological well-being of detained young people. Upon entering custody, each young person is supported by a multidisciplinary team that includes psychologists, Justice Health Nurses, and caseworkers to ensure comprehensive care. Access to counselling services allows detainees to receive individualised support for issues such as trauma, anxiety, and depression. Psychological assessments are regularly conducted to identify specific mental health needs, enabling tailored interventions.

Key mental health and psychological support services include:

• Counselling Sessions: Regular one-on-one and group counselling to address personal and emotional challenges.
• Psychological Assessments: Comprehensive evaluations to determine mental health needs and appropriate interventions.
• Health Services: Access to mental health interventions and medication management to support ongoing psychological well-being.
• Trauma-Informed Therapy: Specialised therapy programs designed to help young people cope with past traumatic experiences.

These services are essential in promoting the psychological resilience of young detainees and supporting their rehabilitation and reintegration into the community.

Social and Recreational Programs

Social and recreational programs play a crucial role in promoting physical health and overall well-being among youth in detention centres. These programs are designed to provide a balanced environment that fosters positive social interactions and physical activity. By engaging in structured activities, young people can develop teamwork skills, build self-esteem, and reduce stress.

Key social and recreational programs include:

• Sporting Activities: Organised sports such as basketball, football, and swimming to encourage physical fitness and teamwork.
• Recreational Activities: Access to facilities for activities like arts and crafts, music, and gaming to provide creative outlets and relaxation.
• Social Programs: Group activities and workshops that promote healthy relationships, conflict resolution, and effective communication.
• Life Skills Training: Programs that teach essential skills such as cooking, budgeting, and personal hygiene, which are vital for successful community reintegration.

These programs not only enhance the daily lives of young detainees but also equip them with the necessary tools to lead healthier and more productive lives post-release.

Release and Parole

Non-Parole Periods and Parole Applications

Non-parole periods are the minimum lengths of time that a young person must serve before becoming eligible to apply for parole. These periods are determined by the court based on factors such as the severity of the offence and the young person’s criminal history.

When a young person reaches the end of their non-parole period, they can submit a parole application to the Parole Authority. The application process involves a thorough review of the individual’s behaviour in detention, participation in rehabilitation programs, and overall readiness for reintegration into the community.

Key aspects of non-parole periods and parole applications include:

• Setting Non-Parole Periods: Courts establish non-parole periods considering the nature of the offence and the young person’s past behaviour, ensuring that the duration supports both rehabilitation and public safety.
• Application Process: Young offenders must formally apply for parole, providing evidence of their rehabilitation efforts and demonstrating their commitment to positive behaviour changes.
• Assessment Factors: The Parole Authority evaluates factors such as the individual’s conduct in detention, completion of educational and vocational programs, and the potential risk they may pose to the community before making a parole decision.

Supervision and Post-Release Support

Upon being granted parole, young offenders are subject to supervision and must adhere to specific conditions designed to support their reintegration and reduce the likelihood of reoffending. These conditions are tailored to the individual’s needs and circumstances, providing a structured framework for their transition back into the community.

Key components of supervision and post-release support include:

• Monitoring: Regular meetings with parole officers to ensure compliance with parole conditions and to address any challenges the young person may face.
• Support Services: Access to a range of services such as counselling, educational programs, and employment assistance to help young offenders build a stable and productive life post-release.
• Conditions of Release: Specific requirements may include maintaining employment or continuing education, adhering to curfews, avoiding contact with certain individuals, and abstaining from substance use.

These measures aim to provide the necessary support for young offenders to reintegrate into society while ensuring ongoing public safety successfully.

Oversight and Complaints in Youth Detention and Juvenile Justice Centre

Official Visitor and Review Panels

The Official Visitor plays a crucial role in overseeing Youth Justice centres. As an independent individual, the Official Visitor regularly visits detention centres to assess their operations and treatment of young detainees. During these visits, the Official Visitor has the authority to manage enquiries and complaints, resolving issues related to facility standards, such as inadequate food or linen quality. If necessary, they can escalate unresolved matters to the Executive Director of Youth Justice.

The Serious Young Offenders Review Panel (SYORP) is another key oversight body responsible for handling more severe cases. SYORP reviews cases involving serious children’s indictable offences and makes recommendations regarding the reclassification of detainees and the granting of supervised leave. The panel comprises diverse members, including a magistrate as the chairperson, an independent psychologist, a community representative with youth expertise, a member of the Indigenous community, and a delegate of the Executive Director of Youth Justice NSW. This diverse composition ensures a balanced consideration of community expectations and the specific needs of young offenders.

Making a Complaint

Young detainees and their families have several avenues to lodge complaints regarding their treatment in Youth Justice centres. Complaints can be directed to the centre manager, who is responsible for addressing and resolving issues confidentially. If the complainant is dissatisfied with the centre manager’s response, they can escalate their concerns by contacting higher authorities, such as the Executive Director of Youth Justice NSW.

Additionally, complaints can be made to independent bodies like the Official Visitor or the NSW Ombudsman. The Official Visitor handles enquiries and complaints directly within the centre, ensuring that issues are addressed promptly and fairly. The NSW Ombudsman provides an external review mechanism, allowing individuals to file complaints about NSW government departments, including Youth Justice centres. For further escalation, complaints can be submitted to the Minister for Families and Communities, who oversees Youth Justice NSW.

Conclusion

Youth detention in NSW plays a critical role in the juvenile justice system, balancing the needs of young offenders with community safety. Governed by the Children (Detention Centres) Act 1987 (NSW), the system emphasises rehabilitation over punishment, providing detained youth with access to education, vocational training, and mental health support.

Understanding the processes and support services available in youth detention centres is essential for recognising the importance of treating young offenders appropriately under criminal law and fostering their reintegration into society. By prioritising rehabilitation and ensuring the rights of the child are upheld, the NSW youth justice system aims to reduce re-offending and promote positive outcomes for young people in custody.

Frequently Asked Questions