Youth Justice laws will apply to 17-year-olds from February 12 in a change that will bring Queensland into line with all other Australian jurisdictions.
It follows the passing of the Youth Justice and Other Legislation (Inclusion of 17-year-old Persons) Amendment Act by the Queensland Parliament in 2016, which raised the age where a person can be charged as an adult from 17 to 18.
Minister for Child Safety Di Farmer said the legislation supported wide-sweeping reforms across Youth Justice to ensure the rehabilitation of young offenders and to keep the community safe.
“By reforming the youth justice system we are improving results and providing more targeted support services to help these children turn their lives around and become valued members of our community,” Ms Farmer said.
A transitional regulation supporting the Act will also start on February 12, ensuring that 17-year-olds currently involved in the adult justice system can be carefully transitioned to Youth Justice care.
“Naturally, decisions about the appropriateness of transitioning individual 17-year-olds to detention from adult prison will be made based on the safety and the best interests of the child, staff and the wider community,” Ms Farmer said.
The commencement of the legislation and transitional regulation means that:
- All 17-year-olds on community-based orders will transfer to Youth Justice supervision
- All 17-year-olds in adult custody will be eligible for transfer to a youth detention centre if it is in the child’s best interest and safe to do so
- Court proceedings will transfer to the youth justice system if it is the first time the matter is before the court; following the completion of a hearing (where the hearing has been part-heard); or where a community-based order is breached
Queensland will also introduce Supervised Bail Accommodation to reduce the number of young people in detention on remand.
Ms Farmer said about 80 per cent of the children in youth detention in Queensland were on remand compared to a national average of 57 per cent.
“It is unacceptable that we have such a high rate of children on remand, many of whom are in detention only because they have no safe and secure home to go to,” Ms Farmer said.
“Supervised Bail Accommodation services offer eligible children a safe and secure place to stay while on bail, as well as providing the support they need to attend school or vocational education and complete rehabilitation programs.
“They provide the courts with another option for accommodation.”
The first two services opened in Townsville in December and January, with more planned to open across the state.
Other Youth Justice reforms include:
- Changes to Queensland detention centres – including the 83 accepted recommendations made in the Independent Review of Youth Detention
- Recruitment of new frontline staff for courts and Youth Justice Service Centres
- More resources for courts and prosecutors, including two more full-time equivalent magistrates, to ensure timely processes
- Provision of after-hours legal services to young people and increased funding for Legal Aid Queensland
The State Government will commit almost $200 million over the coming four years to support the reforms and supporting programs.
Ms Farmer said that while the legislation commenced in two weeks, the reforms had been underway for more than two years.
“Since 2015, Youth Justice has been working with other government and non-government agencies to better support children involved in the Youth Justice system, including significant reforms to Queensland’s youth detention centres,” Ms Farmer said.
“Many children involved in the youth justice system come from complex and difficult backgrounds, including 80 per cent not attending school regularly, 85 per cent impacted by Ice and 60 per cent disengaged from their families.
“It is critical that we create a system that supports their wellbeing and safety in balance with the need for justice and accountability,” she said.
The changes have already won significant support, with key stakeholders backing the reforms.
In the South Burnett, Cherbourg elder and Chair of the Barambah Justice Group Bevan Costello said the community supported the changes.
“Because of the percentage of Aboriginal youth in our detention centres, the community that I represent are 100 per cent behind the changes that are made to the Youth Justice Regulation,” Mr Costello said.
Terry Hutchinson, and Adjunct Professor at Southern Cross University, agreed.
“The changes are decades overdue and a victory for evidence based policy in Queensland,” Mr Hutchinson said.
“The reforms bring Queensland into step with other jurisdictions in Australia.”
