KIMBERLEY JUVENILE JUSTICE - Improving the Current Juvenile Justice System FRAMEWORK - SEPTEMBER 2014
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KIMBERLEY JUVENILE JUSTICE
Improving the Current Juvenile Justice System
FRAMEWORK – SEPTEMBER 2014
Office of Josie Farrer MLA, Member for Kimberley
Office of Josie Farrer MLA
Contact details
Postal: PO Box 1807 Broome WA 6725
Telephone: 08 9192 3111
Fax: 08 9192 3155
Email: kimberley@mp.wa.gov.au
Web: http://www.josiefarrer.com.au
Facebook: http://m.facebook.com/JosieFarrerKimberley
Acknowledgements
Josie Farrer thanks all those who briefed the Kimberley Alternative Juvenile Justice Strategy Working
Group, gave advice and participated in this Report.
1 Office of Josie Farrer MLA, Member for Kimberley
1
CONTENTS
FORWARD 3
RECOMMENDATIONS 4
CHAPTER 1 – INTRODUCTION 9
SECTION 1.1 – CONTEXT OF THE REPORT 9
SECTION 1.2 – ROLE OF THE WORKING GROUP 10
SECTION 1.3 – AIMS 11
CHAPTER 2 – RAISING THE ISSUES 12
SECTION 2.1 – JUVENILE OFFENDERS AND INCARCERATION 12
SECTION 2.2 – KIMBERLEY JUVENILE JUSTICE SYSTEM SERVICES 17
SECTION 2.3 – FETAL ALCOHOL SPECTRUM DISORDER (FASD) 22
SECTION 2.4 – EDUCATION AND SOCIAL & ECONOMIC BARRIERS 28
SECTION 2.5 – SUICIDE 34
SECTION 2.6 – CULTURE AND KINSHIP 38
SECTION 2.7 – CONCLUSION 40
ABBREVIATIONS 41
GLOSSARY 42
REFERENCES 43
END NOTES 45
2 Office of Josie Farrer MLA, Member for Kimberley
2
FORWARD
I would like to touch on something that is very dear to me.
This is an issue that has been in my heart and in the hearts of thousands of Kimberley people for far too
long now. It is about the health, well-being and future of our young people. How can we sleep at night
when we all know too well the issues that our young people are facing? Yet we as leaders and adults
find it difficult to come up with solutions?
Why are we seeing such devastating rates of Kimberley Aboriginal suicide? Why are we seeing a drop in
the overall number of incarcerated youth but a rise in the incarceration of Aboriginal youth? Why
aren’t we seeing any improvements under the current funding, resources and strategies? It has been
proven for a while now that things are only getting worse. There have been a lot of lessons learnt along
the way and a lot of trialled and tried strategies. I acknowledge all the efforts, funding and resources
that have been aimed at trying to tackle this problem, but unfortunately, we continue to see our
Kimberley Aboriginal youth over-represented in the justice system, a perpetuation of antisocial
behaviour, continued reliance on the welfare system and community and family homes breaking down
across the Kimberley. We can’t ignore it any longer. It is now time to act.
Things need to change; we all need to work together to implement a new approach in helping our
young Kimberley Aboriginal people. This is an issue of utmost urgency and I call on the government to
place a high priority on setting a new approach to juvenile justice in the Kimberley. This needs to be
done now to prevent the high rates of indigenous adult incarceration which is coursing our prisons to
overflow.
I acknowledge that it is no easy feat to improve the current juvenile system, but with small steps, that
are community and regionally owned and lead, we will start to address the complex problems at the
heart of this inter-generational crisis. Our new approach must be holistic; it has to go beyond the
justice system and reach out to the broken homes and communities. We need to listen to their voices
and the cries for help, pleading, begging, screaming for comfort and support. Mostly silent pleas, we
have to listen and act quickly now.
Our people have the ability to turn this crisis around; with the added support of government and
financial investment, working together we can achieve a better future for our young Kimberley people.
We as a parliament, as a Nation and as a State, all together, we need to make this happen. We must
do better; we must improve the future and provide positive pathways for our youth to reach adulthood
successfully with flourishing health and wellbeing.
Josie Farrer MLA
Member for Kimberley
Australian Labor Party
3 Office of Josie Farrer MLA, Member for Kimberley
3RECOMMENDATIONS
Recommendation 1:
a) That the Kimberley youth justice system utilises the already established programs: the Yiriman
Project i and Burks Park Station ii as culturally appropriate, effective and government approved
prevention, diversion and intervention programs. If these listed programs require approvals or
amendments to their existing programs in order to be recognised as sentencing options, then
this effort to be undertaken immediately; and
b) That proposed prevention, diversion and intervention programs including but not limited to
Station Placements iii, horsemanship programs iv and a possible Dampier Peninsula site, to be
developed with meaningful community engagement and implemented for the use and benefit
of the Kimberley youth justice system. Such development to include the work of KALACC based
on the two successful ‘Fitzroy Valley Justice Diversion’, 10 week long Bush Camps undertaken
in conjunction with Magistrates Col Roberts and Robert Young.
Recommendation 2:
That a cautioning scheme modelled on the highly successful Police Cautioning and Koori Youth
Diversion Program run in Victoria in 2007 be implemented. Under this scheme police are required to
complete a ‘Failure to Caution Form’ outlining the reason that no caution was given. This form is
provided to Youth Justice Service who makes contact with the youth involved and their care giver.
Recommendation 3:
That formal agreement be reached between government agencies, including, but not limited to,
Police, Department for Child Protection, Youth Justice Services and the Department of Education,
regarding how they communicate and share information between the Departments throughout the
Kimberley in relation to at risk youth and the youth justice system.
Departments to consider the benefits of utilising Collective Impact software for data collection to
create effective collaborative strategies in managing at risk youth in the Kimberley.
Recommendation 4:
Where a juvenile appears before the court that the following options be available:
a) Legislative amendments be implemented to provide Magistrates with additional sentencing
and remanding options with the aim of utilising juvenile justice programs.
b) Where a responsible adult cannot be found, the magistrate will sentence the youth to one of
the juvenile justice program locations.
4 Office of Josie Farrer MLA, Member for Kimberley
4c) Where a youth has been bailed to a responsible adult and the youth breaches their bail
conditions, the Magistrate will remand the youth at one of the juvenile justice program
locations.
d) A pre-sentence report will be prepared by the program manager and presented to the
magistrate before sentencing.
Recommendation 5:
The implementation of a long-term funding agreement (founded on the current funding agreement) to
continue the operations of the West Kimberley Youth Bail Options and East Kimberley Youth Bail
Option (commonly known as the Bail Houses’ in Broome and Kununurra).
Recommendation 6:
The implementation of a long-term funding agreement for existing and proposed juvenile justice
programs. The funding for these programs is to be based on the current funding agreement of the
West Kimberley Youth Bail Options and East Kimberley Youth Bail Options commonly known as the Bail
houses’ in Broome and Kununurra.
Recommendation 7:
a) Develop a coordinated inter-agency network with an aim to ensure efficient and effective
delivery of Kimberley juvenile justice preventive programs in each town and community in the
Kimberley; and
b) Secure funding for youth workers, youth centres and swimming pools in remote communities,
including but not limited to Beagle Bay Community, Balgo and Kalumburu.
Recommendation 8:
a) Provide funding for the Wunan Foundation to expand their Living Change Program across the
Kimberley in consultation with communities. While youth are attending a juvenile justice
program site, Wunan will consult and offer services to the families of that youth, with the aim
of addressing and resolving causational factors which may contribute to the youth reoffending.
b) Provide funding for Wunan to continue to deliver, and expand throughout the Kimberley in
consultation with communities, their school attendance and responsibility program.
5 Office of Josie Farrer MLA, Member for Kimberley
5Recommendation 9:
Mandatory health and well-being assessments for all Kimberley youth registered in the Kimberley
youth justice system including but not limited to:
1) Fetal Alcohol Spectrum Disorders (FASD) assessment;
2) Assessments targeting a broad range of learning difficulties which interrupt a child’s social
developmental pathway;
3) Assessment and identification of intellectual developmental disability; and
4) Assessment of cognitive and emotional status of at-risk students.
Necessary referrals to be submitted to relevant health professionals and service providers in a timely
manner so that youth and their families receive ongoing treatment and support as required.
Recommendation 10:
That a Kimberley Station Placements Program be designed and funded by multi-Department
contributions (Youth Justice Services and Department of Child Protection), and implemented
specifically to accommodate at-risk youth diagnosed with FASD.
Recommendation 11:
a) Ongoing funding and support provided to community organisations and their partners to
deliver high-impact services and research activity relating to alcohol use including FASD. For
example, the Marulu FASD Strategy led by Marninwarntikura Fitzroy Women’s Resource
Centre, Nindilingarri Cultural Health Services, Patches Paediatrics, WA Country Health
Services and Telethon Kids Institute, is delivering Australia’s first comprehensive FASD
Prevention, Diagnosis and Support program in response to high rates of FASD documented in
The Lililwan FASD Prevalence Study.
b) FASD to be formally recognised as a disability within relevant State, Territory and
Commonwealth health, disability and education legislation. Legislation should enable access
to existing Commonwealth and State programs including Better Start for Children with
Disability and Schools Plus.
Recommendation 12:
a) Conduct a regional review on the effectiveness, quality of delivery and relevance of education
programs in Kimberley schools that have been specifically designed to engage at-risk students;
b) Investment to establish and strengthen re-engagement programs in centres such as the
Broome PCYC in the larger towns, and alternative education programs operating off the school
site but managed by the principal.
6 Office of Josie Farrer MLA, Member for Kimberley
6c) Kimberley high schools to offer alternative programs to mainstream education that prepare
students (years 7 – 12) for pre-apprenticeship and apprenticeship entry. Incorporation of a
hands-on delivery model with involvement and mentoring from Aboriginal training
organisations and local businesses; and
d) All large town schools throughout the Kimberley to have immediate on-site access to a school
psychologist with smaller remotes communities accessing this service regularly.
Recommendation 13:
In the event that the Criminal Law Amendment (Home Burglary and other offences) Bill 2014 is passed,
Magistrates will sentence Kimberley youth to a juvenile justice program site located in the Kimberley.
Recommendation 14:
Funding for Feed the Little Children Inc to continue to deliver and expand their food security and
nutrition programs.
Recommendation 15:
Funding for the regional implementation of the recommendations outlined in the Hear Our Voices
report.
Recommendation 16:
Funding for Alive and Kicking Goals Inc to continue and be expand throughout the Kimberley in
consultation with communities, their suicide prevention programs.
Recommendation 17:
That the State Government in conjunction with Federal Government contribute funding to the Halls
Creek Healing Taskforce to coordinate services for parents and families of at risk youth, with the aim to
address and improve mental health and social and emotional wellbeing issues.
Recommendation 18:
That the State Government support a Collective Impact approach to dealing with juvenile justice issues
in the Kimberley. That of Social Impact Partnerships between Kimberley non-government
organisations and government departments be developed for the long-term benefit of the Kimberley
region and to ensure financial sustainability of those non-government organisations
7 Office of Josie Farrer MLA, Member for Kimberley
7Recommendation 19:
Implement the recommendations from the 2013 KALACC Juvenile Justice Scoping Study, these
recommendations being:
a) Government Fund and Support KALACC to turn the Scoping Study in to a Full Business Plan ie
Government prioritises the funding of a full and detailed business plan, including
implementation timelines.
b) Government Accepts and Endorses Recommendation # 50 from the September 2006 Law
Reform Commission Report for the establishment of Aboriginal – owned and controlled
youth justice diversion programs;
c) That a Youth Justice Diversion Base be established at Bungarun, to be managed by the
Kimberley Aboriginal Law and Culture Centre
.
8 Office of Josie Farrer MLA, Member for Kimberley
8CHAPTER 1 – INTRODUCTION
People in the Kimberley are experiencing a crisis which continues from generation to generation. This
crisis manifests as suffered relationship difficulties, homelessness, mental health issues, antisocial
behaviour, unemployment, drug and alcohol addictions, high rates of incarceration, and suicide.
Kimberley children are a means to turning this crisis around, but only if they are provided for and
supported in the best way possible.
The situation is complex due to unresolved inter-generational social issues escalating over decades.
Kimberley residents have experienced much trauma, originating from but not limited to colonisation,
genocide, assimilation, the Stolen Generation and today’s welfare system. Healthy people and healthy
communities can only be achieved when society functions well at all levels, that of the individual, the
community and the region.
Today, the Kimberley Alternative Juvenile Justice Strategy Working Group v (the ‘Working Group’) ask
for the opportunity to invest in our Kimberley youth by proposing some much needed improvements
to the current Kimberley youth justice system through a series of considered recommendations.
1.1 CONTEXT OF THE REPORT
The Report has been broken into a series of chapters and sections, presenting the Working Group’s
recommendations, and identifying some of the key contributors and barriers currently affecting
Kimberley youth in relation to the current youth justice system. Due to the substantial majority of
juvenile offenders being of Aboriginal descent, the Report has a specific emphasis on information
relating to those contributing barriers affecting Kimberley Aboriginal youth. Please note that the listed
contributors and barriers are not limited to the information contained in the Report.
Further scoping studies will be required to implement the recommendations in this Report.
“The primary focus [is] on improving the wellbeing of young people in the north. Children in the
justice system should be treated as individuals who have suffered early life trauma and are
emotionally damaged, and who therefore need care, protection and treatment.” 1
Ms J. Farrer MLA
1
Farrer, J 2014, Extract from Hansard; Assembly, 10 April 2014.
9 Office of Josie Farrer MLA, Member for Kimberley
91.2 ROLE OF THE WORKING GROUP
The Working Group was established at the request of Dr John Boulton, Kimberley Health Senior
Paediatrician. Dr Boulton called on Josie Farrer, Member for Kimberley, to advocate at a state level for
resources for diversionary programs in the Kimberley to prevent boys within the youth justice system
suffering the emotional trauma of being sent to prison in Perth. 2
The Working Group comprises representatives from key public sector agencies and the not-for-profit
sector [listed in no particular order]:
1. Department of Aboriginal Affairs (DAA)
2. HYPE
3. Save the Children
4. Fitzroy Valley Men’s Shed
5. Indigenous Coordination Centre (ICC)
6. Broome Police-Citizens Youth Club (PCYC)
7. Kimberley District Police Office
8. The Wunan Foundation
9. Disability Services Commission
10. Kimberley Youth Justice Services
11. Patches Paediatrics
12. Men’s Outreach Service
13. Alive and Kicking Goals
14. Australian Manufacturing Workers Union (AMWU)
15. Telethon Kids Institute
16. Kimberley District Education Office
17. Marninwarntikura Women’s Resource Centre
18. Indigenous Community Volunteers
19. Yura Yungi Aboriginal Medical Service (YYAMS)
20. Kimberley Aboriginal Medical Services Council (KAMSC)
21. BRAMS
22. Kimberley Land Council (KLC)
23. Kimberley Regional Economic Development (KRED)
24. Marra Worra Worra
25. Yawuru Aboriginal Corporation
26. Kimberley Institute
27. Yiriman
28. Kimberley Aboriginal Law and Culture Centre (KALACC)
29. Indigenous Community Volunteers (ICV)
2
Letter to J. Farrer from J. Boulton. 17 September, 2013.
10 Office of Josie Farrer MLA, Member for Kimberley
10The Working Group acknowledges the concerns raised by Dr John Boulton, and in response, has
proposed a series of recommendations that it feels most adequately seek to resolve and improve the
current Kimberley youth justice system.
The Working Group’s purpose was to develop recommendations for the improvement of the current
Kimberley youth justice system based on their experience and knowledge. A number of the
recommendations contained in this Report require further scoping studies including a cost benefits
analysis, to ascertain how they could be promptly delivered and implemented.
1.3 AIMS OF THE REPORT
To facilitate reaching bi-partisan agreement for policy changes at the State Government level so that:
1. The objectives for youth within the youth justice system are predicated on the fiduciary
responsibility of the community and the statutory authority of the State to provide care and
protection from harm, as well as for psychiatric and emotional rehabilitation to be delivered
by staff trained specifically for this role;
2. The impacts of justice issues of all youth from the Kimberley region are primarily managed
within the region. This is to prevent disconnection from family, country and culture, and to
eliminate the punitive approach of juvenile detention which does not address the underlying
causes of behaviour and which often increases the risk of repeat offending;
3. That all youth who are registered with Youth Justice services receive a comprehensive
assessment to identify causal factors such as early life trauma and intellectual development
disability from FASD and other causes; and
4. That magistrates have more sentencing and remanding options with the aim of utilising
existing and proposed juvenile justice programs in the Kimberley region.
11 Office of Josie Farrer MLA, Member for Kimberley
11CHAPTER 2 – RAISING THE ISSUES
SECTION 2.1 JUVENILE OFFENDERS AND INCARCERATION
There are many articles and reports which reflect the extremity of juvenile justice.
‘Indigenous young people continue to be seriously over-represented within the juvenile detention
system, despite a fall in the overall rates of youth sentenced.’ 3 We’ve seen a rise in the ratio of
Indigenous young people in detention compared to non-Indigenous young people – from 26:1 to 31:1
over the 4 years.’ 4
“…since 2004, we've had 100 per cent increase in juvenile detention rates, so that's just- that is
horrific...” 5
Warren Mundine
By enabling government and non-government bodies to form joint relationships to establish effective
and efficient prevention, diversion and intervention programs, there will be a reduction in the
detention of Kimberley youth, and an overall improvement in the current Kimberley youth justice
system.
With the recommendations in this Report implemented, it is also expected that there will be a
significant improvement in the general wellbeing of Kimberley youth which will be reflected by a
reduction in the number of attempted and completed suicides by youth and young adult in the
Kimberley.
It is estimated that 50 – 75% of young people in detention have serious mental illness’ 6, with the vast
majority going undiagnosed and untreated. There is little understanding of the extent and severity of
these mental illness or disability, in particular fetal alcohol spectrum disorder (FASD). There are no
systematic assessments for all juvenile offenders or personalised management plans.
3
Beard, T 2013, Fall in rate of young people in sentenced detention, 10 December.
4
Beard, T 2013, Fall in rate of young people in sentenced detention, 10 December.
5
Mundine, W 2014, New approach to tackle Indigenous incarceration rates
http://www.abc.net.au/am/content/2014/s4025804.htm
6
Beard, T 2013, Fall in rate of young people in sentenced detention, 10 December.
12 Office of Josie Farrer MLA, Member for Kimberley
12Currently, of those youth who are in contact with the Kimberley youth justice system, it is believed
that approximately 98% are Aboriginal and of those, approximately 95% are male.
“We chose West Australia to run it out because of several reasons. One is the high rate of
incarceration over there; there's 70 per cent of juvenile detentions are Aboriginal. 7”
Warren Mundine
There has been widespread criticism of the current youth justice system, as it has not effectively
improved its approach to the incarceration of juvenile offenders.
There are limited approved and utilised programs on offer to Police and Magistrates in the Kimberley
for sentencing options. There are also limited prevention/diversion programs that focus on ‘at-risk’
Kimberley youth aged 5 years and older, particularly in the smaller towns and remote communities in
the region.
There is a widely acknowledged need for the development of culturally appropriate, government-
supported prevention, diversion and intervention programs within the Kimberley youth justice system:
in particular, providing alternative options for ‘at-risk’ youth to such as cautions, court orders,
detention and supervised release orders.
“We are dealing with the same boys and girls all the time…we are trying to develop increased
options for kids that we can present to magistrates or youth justice services, so we can place
these kids instead of them going through the justice system.” 8
Sen. Sgt Dench
The profile of a typical Kimberley youth who comes into contact with the youth justice system is
usually subject to one or more of the following contributors:
• Lack of a responsible male role-model
• Lack of a responsible parent, guardian or carer
• Lack of positive routine or discipline
• Drug (predominately cannabis and increasingly methamphetamines) or alcohol abuse
• Residing in a family home engaging in drug and/or alcohol abuse
• Suffering from the effects of domestic violence
7
http://www.abc.net.au/am/content/2014/s4025804.htm
8
Cordingley, G 2013, ‘Call for tough strategies’, Broome Advertiser, 19 December, p. 3.
13 Office of Josie Farrer MLA, Member for Kimberley
13• Undiagnosed, untreated or under-managed disabilities, mental illness and trauma or other
medical conditions including: FASD, hearing impairments or malnutrition
• Difficulty (due to a wide range of contributors) in engaging in main-stream education programs
• Suffering from low self-esteem and low life expectations
Section 6 of the Young Offenders Act 1994 provides for the implementation of the following
objectives and general principles of juvenile justice. These objectives and principles would be
attainable through the delivery of culturally appropriate prevention, diversion and intervention
programs:
6. (d) enhance and reinforce the roles of responsible adults, families, and communities in;
(i) minimizing the incidence of juvenile crime;
(ii) punishing and managing young persons who have committed offences; and
(iii) rehabilitating young persons who have committed offences towards the goal
of their becoming responsible citizens.
(e) to integrate young persons who have committed offences into the community; and
(f) to ensure that young persons are dealt with in a manner that is culturally appropriate and
which recognises and enhances their cultural identity.
7. (f) responsible adults should be encouraged to fulfil their responsibility for the care and
supervision of young persons, and supported in their efforts to do so;
(g) consideration should be given, when dealing with a young person for an offence, to the
possibility of taking measures other than judicial proceedings for the offence if the
circumstances of the case and the background of the alleged offender make it appropriate to
dispose of the matter in that way and it would not jeopardize the protection of the community
to do so;
(m) young person who commits an offence is to be dealt with in a way that —
(i) strengthens the family and family group of the young person;
(ii) fosters the ability of families and family groups to develop their own means of
dealing with offending by their young persons; and
(iii) recognises the right of the young person to belong to a family. 9
The Western Australian Council of Social Service (WACOSS) hosted a Sector Consultation titled “Youth
at Risk and Juvenile Justice” in April 2012. The forum canvassed a wide range of issues affecting young
9
Government of Western Australia, Young Offenders Act 1994. Department of Corrective Services,
Perth.
14 Office of Josie Farrer MLA, Member for Kimberley
14people, including housing, access to services, government ‘silos’, the cultural competence of youth
services, diversion programs, early intervention, binge drinking, parenting, service funding, the media
coverage of youth issues and health. One of the key themes of the consultation was youth justice.
While participants were concerned about the rate young people were coming into contact with the
justice system (and the rate at which they were being incarcerated), most were more concerned
about what was seen as the critical need to address those underlying factors which have been
shown to contribute towards the likelihood of offending behaviour. Such factors included (but are
not limited to) alcohol and/or drug abuse, mental illness, homelessness and family breakdown.’ 10
The following recommendations have been drawn from the Youth Justice Think Tank Report, February
2013 11:
Recommendation 14: Increased alternative education opportunities are needed for young people
who struggle to fit into the mainstream education system, given the link between young people who
are disengaged from the education system and those in contact with the youth justice system.
Recommendation 17: The findings of the WA Legislative Assembly’s FASD report are welcomed, and
the State Government and its agencies are encouraged to take action to implement the
recommendations of the report.
Recommendation 18: Introduction of improved research and auditing of rates of mental illness, drug
& alcohol problems and undiagnosed disabilities amongst young people in detention (or in contact
with the criminal justice system) in WA. Improvements to such data collection and analysis will then
be used to determine the provision of service responses for mental illness, drug & alcohol problems
and undiagnosed disabilities, which result in criminal behaviour.
Recommendation 19: That programs and services be developed for children under 10 years of age
who have indicated a propensity to engage in offending behaviour.
‘Police have called for more “options” to address youth crime after four children aged
10-12 were taken to hospital after allegedly stealing a car and crashing the vehicle into a
boab tree in the Kimberley…there are limited options in terms of legitimate training
programs, work experience and mentoring where they can experience positive outcomes
for a change…I have seen it work in other places but unfortunately we have limited
carrots to dangle in front of them at the moment.’ 12
Sen Sgt Dench
10
YACWA, WACOSS & Youth Legal Service Inc., 2013, 'Youth Justice Think Tank: Building a more
effective youth justice system in WA', February.
11
YACWA, WACOSS & Youth Legal Service Inc., 2013, 'Youth Justice Think Tank: Building a more
effective youth justice system in WA', February.
12
Cordingley, G 2013, ‘Call for tough strategies’, Broome Advertiser, 19 December, p. 3.
15 Office of Josie Farrer MLA, Member for Kimberley
15The Children’s Commission web site states that young people and the law is one of the priority focus
areas for the Commission:
• ‘Aboriginal young people are 55 times more likely to be in sentenced detention than non-
Aboriginal young people in WA. This is the highest over-representation rate in Australia.
At 20 June 2014, the rate of Indigenous over-representation in juvenile detention in WA was 76.34% 13
• Calling for government to invest in the development of programs and services for children
and young people so they are less likely to commit offences in the first place.
• Calling for government agencies to have a particular focus on developing strategies to reduce
the over-representation of Aboriginal children and young people in the justice system.
• Monitoring the effectiveness of youth justice programs and services and reporting to
Parliament where necessary.
• Advocating that all relevant government agencies and non-government organisations work
effectively together to divert children and young people away from the criminal justice
system.’ 14
The current Kimberley youth justice system attempts to provide a broad and holistic approach to
dealing with the management, rehabilitation and community integration of juvenile offenders, but
there are three significant areas not being adequately addressed:
1. Juvenile health and wellbeing assessments and management plans;
2. The use and benefit of programs for prevention, diversion and intervention; and
3. The use and benefit of alternative education programs for ‘at-risk’ youth and young offenders.
13
Department of Corrective Services: http://www.correctiveservices.wa.gov.au/_files/about-
us/statistics-publications/statistics/mg-report-1406.pdf
14
www.ccyp.wa.gov.au/content/Young-people-and-the-law.aspx
16 Office of Josie Farrer MLA, Member for Kimberley
162.2 KIMBERLEY JUVENILE JUSTICE SYSTEM SERVICES
The current system operating in the Kimberley provides, according to the Department of Corrective
Services, the following services:
1. Kimberley Youth Justice Services
‘[To] tackle youth offending in the [West] Kimberley with a proven strategy, targeting young people at
risk of entering the justice system, as well as those who have already offended. The strategy includes a
strong focus on supporting families and finding local solutions to reduce the number of Aboriginal
youth from regional WA who are remanded into custody. The services aim to provide a spectrum of
diversionary options for police, the courts and families in managing young people involved in
offending.’ 15
The services currently available through the Kimberley Youth Justice Services include:
• The Youth and Family Support Service
• The Youth Options bail service
• A dedicated Juvenile Justice Team
• Psychological support
• Education and vocational support’
2. Youth and Family Support Service
‘Parents often don’t know where to turn for help when their children are behaving in anti-social ways in
the community or committing minor offences. The new extended-hours Youth and Family Support
Service will help young people get back on track and support families to tackle problems before they
become serious. Staff from the service will be available to offer phone counselling or visit families in
their homes to work through issues of concern and mediate conflicts. They can offer positive behaviour
management, support strategies and provide links to local services. Involvement by families with the
service is voluntary.’ 16
3. Youth options bail service
‘Sometimes, young people in regional areas who have been charged and granted bail are held in police
lock-ups or remanded to Perth because a parent or carer is not available to take responsibility and sign
their bail papers. One aim of the Kimberley Youth Justice Services is to help police identify adults to
provide bail for young people who have been charged and granted bail but don’t have a parent or
suitable adult to provide bail. A local organisation has also been contracted to provide short-term bail
accommodation to those young people who have been granted bail, if all other options to place them
15
Department of Corrective Services, 2011, West Kimberley Youth Justice Services, pp. 1.
16
Department of Corrective Services, 2011, West Kimberley Youth Justice Services, pp. 1.
17 Office of Josie Farrer MLA, Member for Kimberley
17with family have been exhausted. The young people will continue with their usual schooling or work
while staff continue to look for a carer or parent to take responsibility for them.’ 17
4. Juvenile Justice Teams
‘Juvenile Justice Teams (JJT) are available to police as an alternative to charging a young person under
the formal justice system. The Children’s Court can also refer young people to a juvenile justice team,
rather than continuing with the court process – which can be daunting for the young person, as well as
expensive and time-consuming for the youth justice system. Team meetings are held to develop an
action plan, which the young person must complete before returning to court. These meetings involve
the young person, their parents and carers, a police officer, a juvenile justice officer and often, the
victim. Successful completion of the action plan usually results in the court imposing lesser penalty. The
JJT process is not a soft option – it can be very confronting for a young person to come face-to-face
with their victim, take responsibility for their actions and make amends.’ 18
5. Specialist Services
‘Kimberley Youth Justice Services will have a number of dedicated staff providing specialist services,
including: a psychologist, an education and vocational advisor, a dedicated community work officer
and mentors may also be recruited. The services will link with other agencies to run programs to
address the needs of young people in the region. These programs may treat anger management and
violence issues, drug and alcohol problems, or focus on preparing young people for work and
education.’ 19
These services are limited in their delivery and availability across the Kimberley. Much greater access
is required to; psychological support, education and vocational support, alternatives to mainstream
education models; prevention, diversion and intervention programs and mentoring.
Currently, the pathways and sentencing options for Magistrates and Police to deal with offending
Kimberley youth include:
1. Youth and Family Support Service (YFSS)
2. Juvenile Justice Teams (JJT)
3. Court orders
4. Banksia Hill Detention Centre
5. Supervised release orders
6. Broome bail house (three beds) Kununurra bail house (three beds)
17
Department of Corrective Services, 2011, West Kimberley Youth Justice Services, pp. 2.
18
Department of Corrective Services, 2011, West Kimberley Youth Justice Services, pp. 2.
19
Department of Corrective Services, 2011, West Kimberley Youth Justice Services, pp. 2.
18 Office of Josie Farrer MLA, Member for Kimberley
18Not only are these options limiting, there is growing call from the Kimberley community for more to be
done at the prevention/diversion/ intervention end through:
• Access to more programs and intervention options
• Culturally appropriate programs
• Methamphetamine use prevention
• Counselling and psychological intervention
• Supervised accommodation options
• Joint management plans between government and non-government sectors
• Mentoring and leadership programs with community leaders
• Station Placement
• Horsemanship programs
• ‘Bush-camp’ programs
• Alternatives to mainstream education
• Afterschool, evening and holiday youth activities
“We want to stop kids from breaking the law in the first place…we want to get value for
money for taxpayers…we have done the same thing the same way for decades and complain
about getting the same results. We need to act”. 20
Inspector of Custodial Services, Mr Neil Morgan
20
Banks, A 2014, ‘Youth Crime Attack: New board to include business, community’, West
Australian, 21 January, p. 1.
19 Office of Josie Farrer MLA, Member for Kimberley
19Recommendation 1:
a) That the Kimberley youth justice system utilises the already established programs: the Yiriman Project1
and Burks Park Station1 as culturally appropriate, effective and government approved prevention,
diversion and intervention programs. If these listed programs require approvals or amendments to their
existing programs in order to be recognised as sentencing options, then this effort to be undertaken immediately;
and
b) That proposed prevention, diversion and intervention programs including but not limited to Station Placements1,
horsemanship programs1 and a possible Dampier Peninsula site, to be developed with meaningful community
engagement and implemented for the use and benefit of the Kimberley youth justice system. Such development
to include the work of KALACC based on the two successful ‘Fitzroy Valley Justice Diversion’, 10 week long
Bush Camps undertaken in conjunction with Magistrates Col Roberts and Robert Young.
Recommendation 2:
That a cautioning scheme modelled on the highly successful Police Cautioning and Koori Youth Diversion Program run in
Victoria in 2007 be implemented. Under this scheme police are required to complete a ‘Failure to Caution Form’ outlining
the reason that no caution was given. This form is provided to Youth Justice Service who makes contact with the youth
involved and their care giver.
Recommendation 3:
That formal agreement be reached between government agencies, including, but not limited to, Police, Department for
Child Protection, Youth Justice Services and the Department of Education, regarding how they communicate and
share information between the Departments throughout the Kimberley in relation to at risk youth and the youth justice
system.
Departments to consider the benefits of utilising Collective Impact software for data collection to create effective collaborative
in managing at risk youth in the Kimberley.
Recommendation 4:
Where a juvenile appears before the court that the following options be available:
a) Legislative amendments be implemented to provide Magistrates with additional sentencing and remanding options
with the aim of utilising juvenile justice programs.
b) Where a responsible adult cannot be found, the magistrate will sentence the youth to one of the juvenile
justice program locations.
c) Where a youth has been bailed to a responsible adult and the youth breaches their bail conditions, the
Magistrate will remand the youth at one of the juvenile justice program locations.
d) A pre-sentence report will be prepared by the program manager and presented to the magistrate before sentencing.
20 Office of Josie Farrer MLA, Member for Kimberley
20Recommendation 5:
The implementation of a long-term funding agreement (founded on the current funding agreement) to
continue the operations of the West Kimberley Youth Bail Options and East Kimberley Youth Bail Option
(commonly known as the Bail Houses’ in Broome and Kununurra).
Recommendation 6:
The implementation of a long-term funding agreement for existing and proposed juvenile justice programs. The funding
programs is to be based on the current funding agreement of the West Kimberley Youth Bail Options and East Kimberley
Options commonly known as the Bail houses’ in Broome and Kununurra.
Recommendation 7:
a) Develop a coordinated inter-agency network with an aim to ensure efficient and effective delivery of Kimberley
juvenile justice preventive programs in each town and community in the Kimberley; and
b) Secure funding for youth workers, youth centres and swimming pools in remote communities, including but not
limited to Beagle Bay Community, Balgo and Kalumburu.
Recommendation 8:
a) Provide funding for the Wunan Foundation to expand their Living Change Program across the Kimberley in
consultation with communities. While youth are attending a juvenile justice program site, Wunan will consult
and offer services to the families of that youth, with the aim of addressing and resolving causational
factors which may contribute to the youth reoffending.
b) Provide funding for Wunan to continue to deliver, and expand throughout the Kimberley in consultation with
communities, their school attendance and responsibility program.
21 Office of Josie Farrer MLA, Member for Kimberley
212.3 FETAL ALCOHOL SPECTRUM DISORDER (FASD)
Fetal Alcohol Spectrum Disorder, or FASD, is a serious and escalating issue currently fronting Kimberley
communities and families. Immediate action must be taken to:
Accurately assess and diagnose those individuals with suspected FASD who are in contact
with the youth justice system;
Prepare and implement management plans for those FASD individuals in contact with the
youth justice system;
Promote efficient and effective inter-agency networks with an aim to ensure that the right
care, management and support is provided to FASD individuals and their families; and
Develop measures to eradicate FASD in the Kimberley.
“I do not have data on the number of boys from the Kimberley who are in detention, let alone
the percentage of these boys with Fetal Alcohol Spectrum Disorder (FASD). I estimate that at
least half boys in prison have FASD. This estimate is based on knowing from my clinical work
that nearly one third of children born in Halls Creek and Fitzroy Crossing before the alcohol
restrictions had permanent brain damage from FASD, and that such boys are far more likely to
get into serious trouble by wandering around at night unsupervised, stealing cars, and breaking
and entering and stealing from houses.” 21
Dr John Boulton
‘Alcohol use, including ‘high-risk’ or ‘binge’ drinking, is increasingly common in Australian women and
the majority of women who admit to drinking alcohol during pregnancy. Alcohol misuse is a particular
problem in some remote Indigenous communities in Australia, where anecdotal reports suggest that
rates of alcohol use in pregnancy and fetal alcohol spectrum disorders are high. However, neither
alcohol consumption in pregnancy nor FASD prevalence has been systematically examined in any such
communities. 22
In 2009, Nindilingarri Cultural Health Services engaged [the] research group (The George Institute and
Sydney University Medical School) to conduct a FASD prevalence study in the Fitzroy Valley, which is
located in the remote north of Western Australia. The Valley comprises 43 discrete communities and
has a population of ~4500, most of whom are Indigenous and belong to one of 5 language groups.’ 23
This prevalence study was called Marulu: the Lililwan Project, meaning “all the little ones”.
21
Letter to J. Farrer from J. Boulton. 17 September, 2013.
th
22
Alcohol use in pregnancy in remote Australia: the Lililwan Project, 11 National Rural Health
Conference, p. 1-2
th
23
Alcohol use in pregnancy in remote Australia: the Lililwan Project, 11 National Rural Health
Conference, p. 1-2
22 Office of Josie Farrer MLA, Member for Kimberley
22The project was initiated by a group of Aboriginal leaders who partnered with experts in Aboriginal
health, paediatric medicine, human rights advocacy, child protection and a production company to
record the journey. The project has three components:
1. Diagnosis and prevention of FASD;
2. Support for parents and carers of children with FASD; and
3. Advocacy and awareness-raising about FASD.
Professor Elizabeth Elliott, an Australian expert in FASD stated “The Lililwan Project will do more than
just estimate the number of children affected by FASD. Each child will be given a personalised FASD
management plan involving their families, health professionals and teachers. The project will also
educate the communities about the risks of drinking alcohol during pregnancy and about the
challenges faced by children with FASD and their families”.24
“FASD is a condition that these children will be living with from birth to grave. Any support
required is life-long. We need solutions that are diverse, as one size does not necessarily fit
all.” 25
Ms June Oscar
The Lililwan Project described the current contributors to the high rate of FASD within Fitzroy
Aboriginal communities due to:
Aboriginal women identify many causes of stress that they feel contribute to alcohol use during
pregnancy. These include unemployment, lack of knowledge of the adverse effects of alcohol in
pregnancy, domestic violence, having a partner or friend who drinks, and the need to travel long
distances to deliver their babies, which necessitates separation from family and community
support; and the legacy of loss of traditional land and culture and the ‘stolen’ generation. In
order to develop culturally‐sensitive and effective
“Lack of public health and education programs it is important that we both document alcohol
use during pregnancy and understand the reasons for its use in Aboriginal communities.” 26
24 th
Alcohol use in pregnancy in remote Australia: the Lililwan Project, 11 National Rural Health
Conference, p. 1-2
25 th
Alcohol use in pregnancy in remote Australia: the Lililwan Project, 11 National Rural Health
Conference, p. 1-2
26 th
Alcohol use in pregnancy in remote Australia: the Lililwan Project, 11 National Rural Health
Conference, p. 1-2
23 Office of Josie Farrer MLA, Member for Kimberley
23The lesson from Fitzroy Valley is clear: when communities are enabled to own their own
challenges, appropriately supported by governments, they can address their most confronting
and intractable issues. Strategies to address FASD within communities should be community-led
and community focused. 27
Professor Elizabeth Elliott
The Judicial view of foetal alcohol spectrum disorder in Queensland’s criminal justice system
described the prevalence of FASD in Australia as:
Research suggests that around 2% of the [Australian] population has FASD and around 60% of
those with FASD come into contact with the criminal justice system. However, unlike Canada
and the United States, there is almost no mention of FASD in Australian criminal case law.
FASD is a lifelong disability and many individuals affected by FASD regularly come before courts
throughout Queensland and Australia.
Around 60% of those who have FASD have attention deficit problems, which manifest in
distractibility, restlessness and problems with completing tasks. Fast and Conry have identified
the mnemonic ALARM as a summary of the core impairments that may result from damage to
the central nervous system: adaptive behaviour, language, attention, reasoning and memory. 28
The National Rural Health Alliance (NRHA) explained that the implications of FASD for any individual is:
“…Primarily the result of impairment of the brain’s ‘executive functions’, including the ability to
plan, learn from experience and control impulses. Children affected might be regarded as being
wilful or undisciplined when in fact they have little control over their behaviour.” 29
The FASD: The Hidden Harm Report, Dept. of the House of Representatives November 2012 states: 30
“The harm caused by Fetal Alcohol Spectrum Disorders (FASD) is hidden in the damaged brain. It
may masquerade as naughty behaviour, poor parenting, lack of discipline, or simple-
mindedness. However, it is none of these things.”
FASD is an entirely preventable but incurable condition caused by a baby’s exposure to alcohol
in the womb. The consequences are expressed along a spectrum of disabilities including:
physical, cognitive, intellectual, learning, behavioural, social and executive functioning
27 th
Alcohol use in pregnancy in remote Australia: the Lililwan Project, 11 National Rural Health
Conference, p. 1-2
28
Douglas, H, Hammill, J, Elizabeth, A R, Hall W, 2012, Judicial view of foetal alcohol spectrum
disorder in Queensland’s criminal justice system, Thomson Reuters.
29
National Rural Health Alliance, Submission 40, p. 4.
30
Department of the House of Representatives 2012, FASD: The Hidden Harm Report – Inquiry into
the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November.
24 Office of Josie Farrer MLA, Member for Kimberley
24abnormalities and problems with communication, motor skills, attention and memory.
While the risk of FASD increases with the quantity of alcohol a pregnant woman consumes, what
is not widely understood is that even small amounts of alcohol, at critical times, can result in
irrevocable damage to the developing fetus. In many cases, the damage is not physically
apparent but can manifest itself in lifelong learning difficulties and cognitive impairment.
Awareness of FASD is increasing in Australia, but much work needs to be done. The series of
recommendations made by the Committee outline a national strategy to prevent, identify and
manage FASD in Australia. This national strategy can spearhead progress in all sectors—health,
education, criminal justice, social support—toward understanding, treating and most
importantly eliminating FASD.’ 31
Tristan, a young man affected by FASD was documented in the report saying:
“I wish I can be a policeman just when I grow up ... Nah ... I just want to be normal first. I
just want to be normal.” 32
Tristan
The FASD: The Hidden Harm Report is an inquiry into the prevention, diagnosis and management of
Fetal Alcohol Spectrum Disorders across Australia, listing a total of 19 recommendations for Federal
and State implementation, of which 5 have been extracted for the purposes of this report:
Recommendation 8: The Committee recommends that the Commonwealth Government raise with the
States and Territories the critical importance of strategies to assist Indigenous communities in
managing issues of alcohol consumption and to assist community led initiatives to reduce high-risk
consumption patterns and the impact of alcohol.
Recommendation 15: The Committee recommends that the Commonwealth Government expedite the
rollout of the Fetal Alcohol Spectrum Disorder (FASD) diagnostic instrument and the development of
a training and user manual. These should be available for use by 1 October 2013. Following the
rollout, the Commonwealth Government should establish a mechanism to collect and monitor
diagnostic data in order to assess the effectiveness of prevention strategies and patterns of FASD
occurrence.
Recommendation 16: The Committee recommends that the Commonwealth Government develop and
implement a national Fetal Alcohol Spectrum Disorders (FASD) diagnostic and management services
strategy. This strategy should be monitored and informed by the FASD Reference Group, and should
establish capacity by 1 July 2014 for the following: an awareness amongst all general practitioners and
child and maternal health professionals of the causation and clinical features of FASD and the
31
Department of the House of Representatives 2012, FASD: The Hidden Harm Report – Inquiry into
the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November.
32
Department of the House of Representatives 2012, FASD: The Hidden Harm Report – Inquiry into
the prevention, diagnosis and management of Fetal Alcohol Spectrum Disorders, November.
25 Office of Josie Farrer MLA, Member for Kimberley
25importance of early diagnosis and intervention; the establishment of a model for diagnostic services
such that regional as well as metropolitan areas are properly serviced; and the identification of
effective methodologies of management including international best practice.
Recommendation 18: The Committee recommends that the Commonwealth Government include
Fetal Alcohol Spectrum Disorders in the List of Recognised Disabilities and the Better Start for
Children with a Disability Initiative.
Recommendation 19: The Committee recommends that the Commonwealth Government recognise
that people with Fetal Alcohol Spectrum Disorders have, amongst other disabilities, a cognitive
impairment and therefore amend the eligibility criteria to enable access to support services and
diversionary laws.
FASD is an increasing threat to the health and wellbeing of Kimberley people and their communities.
Immediate action must be taken for FASD prevention, intervention and management. It is not only the
social impacts which need to be considered surrounding youth with FASD maturing into adults, but
also the future financial impacts to government services such as courts, detention centres, and health
services if investment is not made now by the Government to fund prevention, intervention and
management plans for individuals, families and communities effected by FASD.
"FASD is a condition that these children will be living with from birth to grave. Any support
required is life-long. We need solutions that are diverse, as one size does not necessarily fit all," 33
June Oscar, Marninwarntikura Women’s Resource Centre
33
http://www.georgeinstitute.org/media-releases/new-research-will-provide-first-glimpse-of-the-
impact-of-alcohol-misuse-during
26 Office of Josie Farrer MLA, Member for Kimberley
26Recommendation 9:
Mandatory health and well-being assessments for all Kimberley youth registered in the Kimberley youth justice
system including but not limited to:
1) Fetal Alcohol Spectrum Disorders (FASD) assessment;
2) Assessments targeting a broad range of learning difficulties which interrupt a child’s social developmental
pathway;
3) Assessment and identification of intellectual developmental disability; and
4) Assessment of cognitive and emotional status of at-risk students.
Necessary referrals to be submitted to relevant health professionals and service providers in a timely manner so that
youth and their families receive ongoing treatment and support as required.
Recommendation 10:
That a Kimberley Station Placements Program be designed and funded by multi-Department contributions (Youth Justice
Services and Department of Child Protection), and implemented specifically to accommodate at-risk youth diagnosed with
FASD.
Recommendation 11:
a) Ongoing funding and support provided to community organisations and their partners to deliver high-impact
services and research activity relating to alcohol use including FASD. For example, the Marulu FASD
Strategy led by Marninwarntikura Fitzroy Women’s Resource Centre, Nindilingarri Cultural Health Services,
Patches Paediatrics, WA Country Health Services and Telethon Kids Institute, is delivering Australia’s first
comprehensive FASD Prevention, Diagnosis and Support program in response to high rates of FASD documented
in The Lililwan FASD Prevalence Study.
b) FASD to be formally recognised as a disability within relevant State, Territory and Commonwealth health,
disability and education legislation. Legislation should enable access to existing Commonwealth and State
programs including Better Start for Children with Disability and Schools Plus.
27 Office of Josie Farrer MLA, Member for Kimberley
272.4 EDUCATION, SOCIAL AND ECONOMIC BARRIERS
This Report proposes an increase in alternative education options across the whole Kimberley, for the
use and benefit of the Kimberley youth justice system. The current mainstream education system and
delivery model is not producing positive outcomes for Aboriginal students as it does not meet the
needs of these students.
‘Many Aboriginal people in WA face significant social and economic barriers compared to the general
population. These can make it harder for people to move into training, employment or set up their
own businesses. Further, a lot of students have more than one challenge to their training. When
people live in overcrowded houses, have a hard time at school, carry many family or cultural
responsibilities, and experience chronic unemployment; they often find it challenging to cope with
training requirements.’ 34
Many of the problems facing Aboriginal students or prospective students are common across the
State. Some of the recurring issues raised include:
• Literacy and numeracy problems
• Language challenges (especially when English is not a primary language)
• Lack of self-esteem and motivation
• Lack of housing and overcrowding
• Poor health, including malnutrition, drug and alcohol dependencies and mental health
problems
• Disengagement from the education system
• Long term unemployment
• Legal and financial matters 35
The Australian Government introduced the Remote School Attendance Strategy 36 this year [2014] with
the aim of improving Aboriginal student attendance rates. The focus is on ‘getting kids to school’.
What this initiative lacks is the focus on addressing the fundamental factors of why youth are not
‘staying’, lasting the duration of the entire school day, and consistently attending school.
Any strategy that aims to improve attendance must have a primary focus on identifying the underlying
factors that obstruct the willingness of individual students to attend school. This would involve
assessments targeting a broad range of learning difficulties which potentially interrupt a student’s
social developmental pathway.
A regional review on the effectiveness, quality of delivery and relevance of education programs in
Kimberley schools is also necessary in order to address low attendance rates in our regions schools.
34
Auditor General Western Australia 2013, Supporting Aboriginal Students in Training, Contents,
Perth, p.13.
35
Auditor General Western Australia 2013, Supporting Aboriginal Students in Training, Contents,
Perth, p.13.
36
http://www.dpmc.gov.au/indigenous_affairs/remote_attendance/index.cfm
28 Office of Josie Farrer MLA, Member for Kimberley
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