The annual costs born by the
Public Purse of existing remedies/treatments, described hereunder, for Aboriginal children and
youths, particular in the N.T, that fall within the ambit of 'youth justice
services' -
A.
are:
* $541,311 pa
for each Aboriginal and Torres Strait Islander youth that is held in Detentionin Aust on
an annual basis, accepting that as some are released, others are Detained; and
*
$463,179,808 for all 856 circa Aboriginal and Torres Strait Islander that
were held in
Detention in Aust on an annual basis in 2016‑17;
and
B. vastly exceed the
preventative health costs of treatment programs recommended in this paper by
people at the coal face, to materially "keep Aboriginal children and
youths out of prison"
Less than 100 years ago, Australian governments relied heavily, and sometimes
ruthlessly, on
Corporal
Punishment
as a
Deterrent to similar
transgressions that avoided the social costs caused by family separation and
associating with other criminals, identified in
the Productivity Commission'sChapter 3 - The economic and social costs of
imprisonment referenced below
"All children in detention in the Northern Territory are Indigenous
A 2005 study found
that 90% of Aboriginal and Torres Strait Islander youths who appeared in
a children’s court went on to appear in an adult court within eight years. Over
a third of them received a prison sentence later in life.
Just
as predictable as the cycle that churns children through youth detention and
pumps them into adult prisons are the factors that push these kids into the
criminal justice system in the first place.
Children in 'out of home care' are 16
times more likely to
end up in the criminal justice system than the rest of the population. Many
children are locked up on remand because their families are living in insecure
housing or homelessness and there is nowhere else for the courts to send them.
A Victorian
snapshot survey of kids in custody found
that 62% of the young people had been expelled or suspended from school. Rates
of mental illness and disability are
higher than in the general community. Aboriginal or Torres Strait Islander
children are grossly overrepresented – in the Northern Territory every single
child in youth detention is Aboriginal.
By
failing to address the deep inequalities in our community, and by actively
promoting law and order strategies such as increased policing, stricter bail
conditions and more punitive sentences, governments are not just failing to
prevent children (particularly Aboriginal children) from entering the broken
criminal justice system, they are actively driving them to it.
The youth detention centres in Alice Springs and Darwin are reportedly
understaffed and plagued with critical incidents. Earlier
this year the
official visitor called for the Alice Springs youth detention centre to be shut
down after finding evidence of assaults, children subjected to long lockdowns
and six children sleeping in a cell designed for two.
As
evidence delivered at the royal
commission revealed,
children were routinely locked in their cells for days on end. They lose their
tempers and break things. They try to break out. There are child on staff
incidents. There are staff on child incidents. The children are then charged
with more criminal offences for behaviour that is entirely predictable and
entirely explicable. It becomes painfully clear that we’ve locked these children in a 'catch22'.
When these children arereleased (often with unrealistic conditions that
they will fail to meet, be re-arrested and sent straight back in) they carry the
memories of being treated like animals with them into the outside world. They
absorb into their muscle memory the frustration and powerlessness of being
trapped, being denied phone calls to family, being denied access to school and
spending hours and hours with nothing to do.
Recently there was an incident at the Don Dale youth detention centre that saw
armed police brought in, tear gas deployed and the school burnt down. The ABC
revealed that the
cost of repairs to
the centre would be more than $1m.
The more important question for us to be asking is what is the cost of places
like Don Dale to these children’s lives and to our community? At reportedly $1,400
to keep a child locked up each day,
what is the cost to our community of setting children up for a lifetime in and
out of prison?
There is a national campaign to raise the age of criminal responsibility to 14
years old. This would be a welcome step in giving some of these young people a
few more chances to avoid the clutches of the criminal justice system.
But it’s not enough to delay the inevitable. We must also take collective
responsibility for the children in our communities – and we must hold our
governments accountable when they fail them.
In
the Northern Territory the majority of youths in detention are on remand. Court
proceedings have not been completed. These children have not been found
guilty and they should not be in prison. However, the Northern
Territory is
in the midst of a housing crisis. People are seeking housing support at greater
rates than anywhere else at the country. And yet because the government has not
met people’s’ basic needs to safe and secure shelter, children are spending the
night at the police watch house and then weeks in the youth detention centre.
Housing, intergenerational trauma, racism, over-policing, removing children from
their families and a blind adherence to punitive approaches to youth crime –
instead of exploring justice reinvestment, diversionary programs and Aboriginal
run and controlled service delivery – have all contributed to the chasm that
we’re pushing these young people into. When we put children in prison we
condemn them to fail. It is our collective responsibility to keep them out."
Several readerCommentson the above
article evidence a close understanding of the problems and the
required treatments. Patently, a lot of very low income families,
invariably indigenous Australians and Torres Strait Islanders, need a lot of counsellor and mentor
support, financial counselling re the pitfalls of credit cards 'et al'. Additionally,
children should be supported to complete high school and derive the
benefits/synergies from playing team sports.
"Nationally in
2016‑17, the average cost per day per young person subject to Detention‑based
supervision was $1,482 (figure 17.10). These data tend to fluctuate across
jurisdictions and over time (table 17A.21)."
"A total of 11,007 young people aged 10–17 years were supervised by youth justice
agencies during 2015-16. The majority of these young people were supervised on
community-based orders (which include supervised bail, probation and parole) —
nationally, on an average day in 2015-16, 83.6per cent of young people aged
10–17 years who were supervised by youth justice services were in the community,
with the remainder in detention.
Aboriginal and Torres Strait Islander young people were significantly
overrepresented in youth justice detention. Nationally, the daily average
detention rate for Aboriginal and Torres Strait Islander people aged 10–17 years
was 372.6 per 100 000 Aboriginal and Torres Strait Islander young people, 25
times the rate for non-Indigenous young people (14.7 per 100 000).
Total recurrent expenditure on detention-based supervision, community-based
supervision and group conferencing was $769.5 million across Australia in
2016-17, with detention based supervision accounting for the majority of this
expenditure (62.6 per cent, or $482.1 million).
Youth justice services aim to promote community safety, rehabilitate and
reintegrate young people who offend, and contribute to a reduction in youth re
offending.
To achieve these aims, governments seek to provide youth justice services that:
·divert young people who offend from further progression into the youth justice
system to alternative services
·assist young people who offend to address their offending behaviour
·provide a safe and secure environment for the protection of young people during
their time in detention - FAILED
·assist young people who are in youth justice detention to return to the
community - FAILED
·promote the importance of the families and communities of young people who
offend, particularly Aboriginal and Torres Strait Islander communities, in the
provision of services and programs
·support young people to understand the impact of their offending on others,
including victims and the wider community
·recognise the rights of victims
- FAILED.
Governments aim for youth justice services to meet these objectives in an
equitable and efficient manner."
"Nationally in 2017-18, the average cost per day per young person subject
to detention-based supervision was $1,455 (figure 17.10). These data
tend to fluctuate across jurisdictions and over time (table 17A.21)."
"The average daily number of young people aged 10–17 years under youth
justice supervision in Australia during 2017-18 was 4,765. The majority of
these young people were supervised on community-based orders (which include
supervised bail, probation and parole) — nationally, on an average day in
2017-18, 82.7 per cent of young people aged 10–17 years who were
supervised by youth justice services were in the community, with the
remainder in detention.
Aboriginal and Torres Strait Islander young people were significantly
overrepresented in youth justice detention. Nationally during 2017-18, the
average daily detention rate for Aboriginal and Torres Strait Islander
people aged 10–17 years was 35.2 per 10 000 Aboriginal and Torres Strait
Islander young people, 24 times the rate for non-Indigenous young people
(1.5 per 10 000).
Total recurrent expenditure on detention-based supervision, community-based
supervision and group conferencing was $842.4 million across Australia in
2017-18, with detention based supervision accounting for the majority of
this expenditure (60.4 per cent, or $509.1 million)."
a) number of Aboriginal and Torres Strait Islander young people aged between
10–17 years that were held in detention for any lengthy of time during 2015-16;
and
b) the aggregate financial burden on the public purse of
Aboriginal and Torres Strait Islander young people aged between 10–17 years
being held in detention, and the per young person cost to the public purse.mpw@pc.gov.au
3.16
Aboriginal children are particularly at risk of having a parent in prison with
the North Australian Aboriginal Family Violence Legal Services noting that 'up
to 80% of Aboriginal women in prison are mothers…and an estimated 20.1% of
Indigenous children in Australia will be affected by parental incarceration in
their lifetime'.16
3.20 The
committee heard that Indigenous prisoners are affected profoundly with the
breakdown of links with family members and communities. Indigenous
communities are also affected as every individual has a role to play
including financial and social. If an individual or group of individuals is
removed, the community is heavily burdened, weakening the community and
exacerbating economic distress creating prime conditions for further
offending behaviour.22 Ms Solonec commented: In regard to the economic and
social costs of imprisonment, we would like to note that the social costs of
imprisonment on Aboriginal and Torres Strait Islander people is heightened
because our identities are often shaped by our connection with our country,
our culture and our families. The Royal Commission into Aboriginal Deaths in
Custody and international research have emphasised the devastating impact
that a disconnect with country and culture caused by incarceration has on
the identity and well-being of Indigenous people. Both conclude that
connection to culture can serve as a preventive measure against risk-taking
behaviours.23
3.21 The
NSW Reconciliation Council noted that while the removal of a small number of
serious offenders to prison may act as a deterrent and make communities
safer, in Indigenous communities, the impact is significant: …the
frequent incarceration of Aboriginal people from communities ruptures social
structures and affects Aboriginal peoples’ capacity to fully participate in
life in both their community and the broader Australian community. We cannot
continue to lock up our most disadvantaged minority in this way.24
3.27 The
Victorian Aboriginal Community Controlled Health Organisation (VACCHO)
submitted that prisoners are more likely to die or be hospitalised,
especially Aboriginal prisoners. Hospitalisation costs (based on bed days)
of Aboriginal prisoners in the first year of release has been costed at $5.4
million in Western Australia alone, driven predominantly by mental and
behavioural disorders and injuries. More than a third of Aboriginal women
released from prison were hospitalised. 30
3.28
VACCHO went on to comment that Aboriginal people are also much more
likely to die after they are released from prison, most commonly through
suicide, motor vehicle accidents, circulatory system diseases and
drug-related deaths. Aboriginal prisoners also experience poorer health,
with much higher rates of sexually transmitted infections, blood borne
viruses, high blood sugar and diabetes, liver disease markers, asthma and
more. These health problems lead to poor quality of life and premature death
and results in grief, loss, and trauma among family, friends, and
communities. VACCHO concluded that these imprisonment costs are a
significant economic burden and an unquantifiable social cost.31
4.14 There are multiple
reasons for the increased juvenile representation in prisons. These include the
disproportionate over-representation of Aboriginal young people held in
detention. The AHIW reported that data collections show that young people from
areas of low socioeconomic status or remote areas and young people who are
homeless or in the child protection are also over-represented in the youth
justice supervision system.15 Other factors include the increasing number of
sentenced young people being held on remand; the limited implementation of bail
and supervision orders; and the geographic concentration of young offenders in
disadvantaged areas.16
4.17 In addition, a
disproportionately larger number of juveniles are currently being held on remand
in comparison to the rest of the prison population, for example, 53 per cent of
the 320 juveniles and young people in custody in NSW held on remand. One of the
reasons for remand being that 'a substantial number are refused bail because
they are homeless'.19
The North Australian Aboriginal Justice Agency (NAAJA) observed that on 31
January 2013, 24 of 65 juvenile detainees in the Northern Territory were on
remand.20
Many young people are being held on remand due to their difficulty in
upholding strict bail conditions and yet over 80 per cent of young people in
remand in Western Australia will not receive a custodial sentence once they
appear in court.21
In 2016–2017, 1,500 young people were being supervised either in the community
or in a youth detention centre.1
48% of children and young people in custody in NSW are Aboriginal and Torres
Strait Islander.2
Aboriginal and Torres Strait Islander children and young people are 21 times
more likely to be detained than non-Indigenous children and young people in NSW.
87% of young people in NSW prisons have a mental health condition (including
alcohol or drug related problems).3
$1,344 is the daily cost of detaining one child or young person in NSW.
$490,560 is the cost of detaining one child or young person in NSW for one year.
66% of young people released from prison reoffend within 12 months.
*
Support justice reinvestment via youth and community-led solutions.
*
Use the whole range of diversionary options to their full extent.
* Raise the minimum age of criminal responsibility in NSW to at least 14 years.
*
Implement immediate
changes to make detention, as a last resort, safe for young people.
oo
Fund a fully integrated youth-specific mental health service system that
coordinates care from prevention to early intervention, through to clinical and
specialist care. This should prioritise gaps experienced by young people from
regional, rural and remote areas, who are Aboriginal or Torres Strait Islander,
or who are LGBTI young people.
ooDevelop and implement a youth specific suicide prevention plan in consultation
with children and young people. This should include a culturally appropriate,
community-led and targeted Aboriginal plan.
Suicide remains a critical issue. More young people die by suicide than in car
accidents.13
In 2016, 391 young people aged 15–24 died by suicide, with 45% of those being in
NSW.14
From 2011 to 2015, Aboriginal and Torres Strait Islander people aged 15–24 were
around four times more likely than non-Indigenous Australians of the same age to
die from intentional self-harm.15
In NSW the number of children and young people entering care is increasing,
which places more pressure on the system. As a result, young people who need
help often don’t get it. The numbers of Aboriginal and Torres Strait Islander
children and young people entering care have increased and continue to be
significantly overrepresented in the care population. Young people who leave
care have significantly poor outcomes.
ooDevelop a whole of government policy and
practice framework, and a strategy that articulates a strong commitment
specifically to at risk young people, including Aboriginal young people, with
measures to track progress and provide accountability.
Out of a total 59,092 children in NSW receiving child protection services, 7,142
were aged 15–17 years, significantly less than the 16,003 aged 10–14 years.1
Aboriginal and Torres Strait Islander children are ten times more likely to be
placed in out of home care (OOHC),2
Investigation by the NSW Ombudsman in 2014 reported that ‘a higher proportion of
reports about adolescents were often receiving no response.’3
The asserted principle of self-determination for Indigenous peoples is the key
to reversing the overrepresentation of Indigenous children in the child welfare
system and to eliminating unjustified removals of Indigenous children from their
families.11
NSW has the highest rate of removals in Australia, with approximately one in ten
Aboriginal and Torres Strait Islander children and young people in OOHC.12
While FaCS has made efforts to address this, such as developing the
Aboriginal Cultural Inclusion Framework 2015–2018,
aiming to embed Aboriginal cultural inclusion, accountability and monitoring
processes into the work of FaCS,13
this has not been enough to reduce the disproportionate rate of removals. The
facts of contemporary separation highlight a need for fundamental change in
child protection legislation, policy and practice.
Young people should get timely and appropriate support services, even if it
is
not a statutory response, when they're reported at risk of harm."
"The
Law Council believes prison should not be a rite of passage for any child. In
June, our directors unanimously voted
to
support an increase of the minimum age of criminal responsibility from 10 to 14,
aligning our position with that of Indigenous and medical bodies and
international best practice.
It costs about $531,075 a year to keep a
young person in detention-based supervision. This money would be better spent on
early intervention, diversion, rehabilitation and prevention – programs that
address the underlying causes of criminal behaviour and help prevent future
offending. In the long term, this would amount to big savings.
Change will take political courage but politicians across all jurisdictions must
come to the realisation that raising the minimum age of criminal responsibility
is not being soft on crime.
It is an investment in social capital.
Because imprisonment should be a last resort when it comes to children."
