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Legislative Assembly for the ACT: 1999 Week 11 Hansard (19 October) . . Page.. 3325 ..

MS TUCKER (continuing):

Bill relating to youth justice issues. As we all know, indigenous people are grossly over-represented in juvenile and adult justice facilities. In the ACT, 20 per cent of residents in Quamby are indigenous.

This amendment is intended to ensure that indigenous offenders have support from a relevant indigenous organisation from the moment they are detained. While I realise the clauses of the Bill relating to young offenders has not been subject to review, we feel it is essential to ensure that the recommendations of these two inquiries are not just left as broad principles at the beginning of the Act, but fully incorporated into the working sections of the Act. I trust this will be the outcome of the review later, anyway.

MR STEFANIAK (Minister for Education) (5.55): I note that clause 78 ensures that a police officer who places a young person under restraint must promptly take all reasonable steps to cause a person with parental responsibility to notify whether the person lives in the Territory or not; also to notify an authorised officer. I note what Ms Tucker is trying to do. I understand with indigenous young people particular care is taken. While we certainly do not have perhaps the same concerns that the Government would have for her attempted amendment to clause 77, as she quite correctly says, this part of the Act has not been subject to review.

A few points were picked up as a result of two consultations. Some obvious, glaring needs were rectified in the juvenile justice area. But it was, and it remains, the intention of the Government that the juvenile justice parts of the Children's Services Act are to be reviewed, and reviewed separately. This would be a very logical suggestion in terms of this part to be considered in the review. I understand that a member of the Attorney-General's Department has expressed concern that perhaps a young person who is indigenous may not wish for privacy reasons to have a relative or indigenous organisation told about it; whereas the law as it stands would mean that young person's parents or people in loco parentis would have to be told. But, quite conceivably, the young person might not want anyone else necessarily to know.

That is a relevant consideration. What we have in practice serves us very well. I cannot see the need at this stage to put this in. It is something that should be properly more considered in a full review. To make more piecemeal amendments now without the benefit of a full review could lead to unwelcome results. This amendment is deserving of further consideration in terms of a full review of the juvenile justice parts of the Children's Services Act.

MS TUCKER (5.57): I take the Minister's point. It was not our intention that the person would be compelled to have that contact with the relevant indigenous organisation. Are you saying that it is the interpretation of AG's that what we are saying is that they are compelled?

Mr Stefaniak: That they may not wish the indigenous organisation to know.

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