Page 536 - Week 02 - Tuesday, 21 February 2012
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There is also a strong association between offending, substance misuse and mental health. A high proportion of detained young people frequently have substance misuse issues. A high proportion of young people in detention also have diagnosable mental health conditions, including major depressive disorders, mania and conduct disorders and substance dependence. The co-morbidity issues continue to be of escalating concern within this cohort.
With these issues in mind, it is important that we understand that there are many opportunities, before a young person comes into contact with the justice system, to put in place measures which will avoid these poor outcomes. A young person with a mental health issue will present within the community with issues such as poor school attendance, strained family relationships, poor physical health and a range of related concerns. These concerns almost always put them in contact with people who can provide referrals and assistance to deal with the issue, rather than waiting for poor choices to place them in the spotlight and on that path towards involvement in the criminal justice system.
To ensure that we have a prevention system which is well resourced and aware of its role within the community, we need to ensure that we have invested heavily in these early prevention services and programs. If young people do come into contact with the youth justice system we need then to shift our focus onto diverting them away again and back to their communities, with supports and resources to avoid longer term poor outcomes. We need to do this quickly and with adequate resources provided to community services in order for rapid and flexible interventions to occur, because we know that a referral does not guarantee support if there are long waiting lists.
Most offending by young people is episodic and transitory, with the majority of young people maturing out of criminal behaviour. However, for those who spend time in custody there is a proven negative effect. The research indicates that incarceration leads to social isolation, institutionalism and an increase in the likelihood of reoffending. I have concerns about the level of stigmatisation and the negative impacts that incarceration has on the young person, their family, their relationships, education and future work.
The Greens have a strong commitment to ensuring that detaining a young person in custody is used as a measure of last resort and then only if it is in the best interests of the child as stated in the legislation. In the ACT, young people who are charged with an offence are far too often taken into custody and held by police, with little coordination of diversion processes that currently exist such as drug diversion or verbal warnings. What is particularly concerning is that a large number of young people are placed in custody on remand or sentenced to a period of incarceration for offences relating only to bail and breach of community youth justice orders.
I note that in the Human Rights Commission inquiry report into the youth justice system there are strong recommendations against young people being held in cells during any of these diversionary options. While the announcement of the after-hours bail coordination service is a positive step, the service does not in fact create more beds and, while it is part of the response, we need to ensure that we also address the underlying issues here.
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