Youth Justice and Other Legislation Amendment Bill 2016

Introduced: 21/4/2016By: Hon Y D'Ath MPStatus: PASSED with amendment

Justice & Rights Children & Families First Nations

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Plain English Summary

Overview

This bill undoes tougher youth justice laws from 2012 and 2014 and returns to a more rehabilitative approach. It closes youth justice proceedings to the public (but lets victims attend), raises the age for transfer to adult prison from 17 to 18, and brings back court-referred restorative justice conferencing as a way to divert young offenders from the formal court system.

Who it affects

Young people in the justice system, their victims, police and courts. Victims gain the right to attend closed hearings and take part in conferences; 17-year-olds are no longer automatically moved to adult prison.

Key changes

Youth justice matters in the Childrens Magistrates Court are closed to the public, but victims and their representatives can attend
Young people in detention stay in youth facilities until age 18 (with possible court-ordered delay to 18 years and 6 months), instead of being transferred at 17
Police can refer a young person who admits an offence to a restorative justice conference instead of going to court, avoiding a criminal record
Courts can dismiss a guilty plea and send a matter to restorative justice, or make a new 'restorative justice order' as part of sentencing
If a conference cannot be convened (for example because the victim is unavailable), an alternative diversion program can be used instead

How this affects you

Justice & Rights

•Young people who admit an offence can be sent to a restorative justice conference instead of court, avoiding a criminal recordClause 13 (new s 22)A police officer may refer an offence to the chief executive for a restorative justice process instead of bringing the child before a court, if the child is willing to comply.
•Youth justice matters in the Childrens Magistrates Court are closed to the public, but victims and their representatives can attendClause 5 (new s 20)The court must exclude everyone from the room other than the child, family, witnesses, the victim or the victim's representative, and specified others.
•17-year-olds in youth detention are no longer automatically sent to adult prison; transfer now happens at 18 and can be delayed up to six monthsClause 30 (new ss 276B-276D)A person who turns 18 in detention with 6 months or more left to serve is liable to be transferred to a corrective services facility, but may apply to the court for a temporary delay of up to six months.
•Admissions a young person makes in a restorative justice conference cannot be used against them in courtClause 16 (new s 40)An admission about committing the relevant offence, made by the child while participating in a restorative justice process, is inadmissible in any proceeding.

Children & Families

•Young people get more chances to be diverted away from the formal court system through restorative justiceClause 16 (new Part 3)The object of the new Part 3 is to provide for the use of a restorative justice process for a child who commits an offence.
•Courts must now consider sending a matter to restorative justice before sentencing a childClause 23 (new s 162)If a child enters a plea of guilty, the court must consider referring the offence to the chief executive for a restorative justice process instead of sentencing.
•If a conference is not possible, a young person can still be offered an alternative diversion program such as education or family-focused activitiesClause 16 (new s 38)An alternative diversion program involves the child participating in remedial actions, activities to strengthen family and community relationships, or educational programs.
•Children cannot be ordered to do more community work or other requirements under a conference than a court could impose in sentencingClause 16 (new s 36(3))The conference agreement may not provide for the child to be treated more severely for the offence than if the child were sentenced by a court.

First Nations

•Aboriginal and Torres Strait Islander community justice groups and respected community members can take part in court hearings and conferencesClause 5 (new s 20) and Clause 16 (new s 34)For an Aboriginal or Torres Strait Islander child, the convenor must consider inviting a respected community person or a community justice group representative to the conference.
•Expanded diversion options help address the overrepresentation of Aboriginal and Torres Strait Islander young people in the youth justice systemThe strategy is aimed at reducing the risk of children being unnecessarily criminalised and is described as fundamental to addressing the overrepresentation of Aboriginal and Torres Strait Islander young people in the youth justice system.

Bill Journey

Introduced21 Apr 2016View Hansard

First Reading21 Apr 2016View Hansard

▸Committee21 Apr 2016View Hansard

Referred to Legal Affairs and Community Safety Committee

Legal Affairs and Community Safety Committeeportfolio

Committee Findings

The Legal Affairs and Community Safety Committee examined the bill over six weeks, receiving 13 submissions. The committee was unable to reach agreement on whether the bill should be passed. The bill sought to close the Childrens Magistrates Court when hearing youth justice matters, increase the transfer age from youth detention to adult corrections from 17 to 18, and reinstate court-referred youth justice conferencing. Non-government members filed a Statement of Reservation opposing the bill.

Key findings (5)

The bill represented the second stage of amendments to reverse changes made by the former LNP Government's Youth Justice and Other Legislation Amendment Act 2014, emphasising early intervention and rehabilitation over punitive measures
Consultation showed 81 per cent of respondents supported the measures in full, including 92 per cent supporting victims being present in closed court and 86 per cent supporting the reinstatement of youth justice conferencing
The government allocated $23.6 million over four years to reinstate and enhance court-referred youth justice conferencing, aiming to increase conferences from 870 to 3,000 per year
Stakeholders broadly supported the bill's restorative justice approach, though some raised concerns about potential duplication of referral pathways between police-referred and court-referred conferencing
The committee examined fundamental legislative principle issues regarding clause 16, which proposed a restorative justice process that could affect the rights and liberties of individuals

Dissenting views: Non-government members (Jon Krause, Michael Crandon, and Jann Stuckey) opposed the bill, arguing that the LNP's 2014 reforms had not been given a proper chance to work and that Labor was returning to failed policies. They noted that 10 per cent of juvenile offenders were responsible for 45 per cent of all proven offences, cited Townsville police concerns about a hardcore group of recidivist offenders, and argued the bill would not address the over-representation of young Indigenous offenders in the court system.

AI-generated summary — may contain errors

Committee Report6 June 2016

Committee report tabled

Second Reading17 June 2016View Hansard

In Detail17 June 2016View Hansard

Third Reading17 June 2016View Hansard

Royal Assent27 June 2016

Referenced Entities

Sectors Affected

Corrective Services Courts Criminal Law Policing Youth Justice

Classified using AGIFT/ANZSIC Australian government standards

Youth Justice and Other Legislation Amendment Bill 2016

Plain English Summary

Overview

Who it affects

Key changes

Bill Journey

Referenced Entities

Legislation

Organisations

Programs & Schemes

Roles & Offices

Sectors Affected

Source Documents