New Youth Justice Bill Passes in Queensland: Inclusion of Older Teenagers in Juvenile Detention
Monday 7 November 2016 @ 11.08 a.m. | Crime | Legal Research
On 3 November 2016, the Queensland Legislative Assembly passed the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016 to increase the upper age of who is a child for the purposes of the Youth Justice Act 1992, from 16 years to 17 years; and establish a regulation-making power to provide transitional arrangements for the transfer of 17-year-olds from the adult criminal justice system to the youth justice system.
Background to the Bill
According to the Committee Report, the inclusion of 17 year-olds into the youth justice system has been considered by successive Queensland governments since the Juvenile Justice Bill 1992 was introduced into the Legislative Assembly in 1992.
The key features and protections of the youth justice system compared to the adult corrective services system include:
- reduced exposure to adult criminals;
- increased ability to divert young people from the court system via rehabilitative diversionary strategies, interventions and options;
- improved access to more age-appropriate education, training and specialised programs;
- more intensive staff supported supervision and custody which characterises youth detention centres; and
- sentencing principles of the Youth Justice Act 1992 (YJ Act) which prioritise support and rehabilitation in the community where practicable and appropriate.
Additionally, changes to increase the age of a child to 17 under the YJ Act would:
- bring Queensland’s treatment of 17 year olds into line with the rest of Australia and in accordance with the UN Convention of the Rights of the Child;
- remove inconsistencies within Queensland law (such as the Child Protection Act 1999 (Qld) which defines a `child’ as a person under 18 years old);
- protect 17-year-olds from the risks associated with being among adults in adult correctional facilities; and
- provide this group of young offenders with the benefits associated with the youth justice system including more suitable sentences and orders, and developmentally appropriate programs and controls.
Purpose of the Bill
According to the Explanatory Notes, the objectives of the Bill are to:
- Increase the upper age of who is a child for the purposes of the Youth Justice Act 1992, from 16 years to 17 years; and
- Establish a regulation-making power to provide transitional arrangements for the transfer of 17-year-olds from the adult criminal justice system to the youth justice system.
The Bill will include 17-year-olds as ‘children’ for the purposes of the YJ Act. It will achieve this by omitting the definition of child at Schedule 4 of the YJ Act, with the effect that the definition in the Acts Interpretation Act 1954 will apply and a child will be ‘an individual who is under 18.’
To give operational effect to the change, the Bill will establish regulation-making powers to direct the efficient and coordinated transfer of all 17-year-olds (both sentenced and not yet sentenced) from the adult criminal justice system to the youth justice system. This approach is necessary due to the complex operational issues associated with transitioning 17-year-olds into the youth justice system and the need for a whole of government, multi-faceted response. To ensure parliamentary oversight, the regulation making power, along with any regulation made under it, will expire two years after commencement of the Bill.
According to the Second Reading Speech, the Bill will commence by proclamation 12 months after passage.
Reaction to the Bill
According to the ABC News, Attorney-General Yvette D'ath told Parliament the bill was an historic opportunity to do the right thing because 17-year-olds were not adults:
"People who cannot vote, who cannot purchase alcohol and who cannot be sued because they are not adults should not be treated as adults in the justice system...How we respond to young people speaks to our values as a community, and our obligations to care for and protect young people and to take the necessary steps to ensure our community's safety."
Opposition Corrective Services spokesman Tim Mander said it was a simplistic response to a complex issue:
"We're not talking about angels here, we're talking about young offenders who have committed the most serious of crimes, and here we are contemplating the transition of 17-year-olds into our youth detention centres to further poison the minds of these young offenders."
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Sources:
Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Bill 2016 (QLD) and Secondary materials as reproduced on TimeBase LawOne
