| Collaboration In 1994 and 1995 I was working at Port Adelaide Magistrates Court, where I was trying to implement new legislation, based on a New Zealand model, with the help of Tony Newman, the magistrate who was the Regional Manager, and who is here at the conference. Tony was transferred, and I missed his support enormously, but online I was lucky enough to run into Judge Harvey, who is also here today. Here is an extract from an email Judge Harvey sent me in either 1994 or 1995, in answer to some questions I had emailed to him. When you are doing something new, it is a tremendous help to find someone else who is doing similar work, and to get the news that the new system can be made to work when it is implemented.
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"Our Children and Young Persons and Their
Families Act 1989 contains two major foci - one is
towards the 'welfarist' model which deals with the care
and protection of children... The other is towards the
Youth Justice model which is directed towards criminal
behaviour of young people between 14 and 17. The Youth Justice model focuses upon responsibility - of the young person for his/her offending and of the family, for their young person. The Family Group Conference (FGC) is an essential part of this, and underpins the policies and principles that are set out in the Act and which guide us in case of doubt. Many cases of offending never get to Court. They are the subject of a pre-trial FGC conducted by the Police, the family and the Youth Justice Co-Ordinator and are diverted -a resolution is reached and is enforced by the family. The aim is to keep young people away from Court. Where cases do come to Court, the matter may be denied, in which case a hearing of the evidence takes place, or it is not denied. In all cases where there is a "not denied" or liability is established, the matter is referred to a FGC for consideration by the participants. The victim may be present and must be consulted where not present so that his/her/their views may be ascertained. In 90% of the cases the FGC will arise at a suitable resolution which is implemented by the Court. We are required, where possible, to implement the recommendations of the FGC. There have to be very good reasons for going beyond those recommendations. Thus ALL cases go to an FGC at some stage. If you want to look at the issue of detention of young people against the background of the principles of the Act, see my paper on "Secure Detention of Young People in Residence in New Zealand", Australian Institute of Criminology Conference Proceedings No.25 - National Conference on Juvenile Detention The fundamental goal of the process is to empower families to find solutions for dealing with their young, to have them and their young take responsibility. Families know their children better than I do. They are more qualified to make an appropriate recommendation. Recidivism on the part of those who have gone through Youth Justice is falling. The system...has received a considerable amount of support from the Police, who see the long-term advantages." |