13 October 2011
Mr MORRIS (Mornington) — When you come into this place you often have policy interests or even agendas, but it is amazing how different the actual experience can be once you are elected. One of the most unexpected and certainly the most interesting policy excursions for me has been my involvement in the areas of justice and corrections — in particular youth justice and youth prisons — courtesy of my time on the Drugs and Crime Prevention Committee, along with the member for Yuroke and others.
In the course of various inquiries I had the experience of visiting the Parkville Youth Residential Centre, the Malmsbury Youth Justice Centre and a juvenile detention facility in New Zealand whose name did not spring to mind when I was thinking about what to say today — all very different and all with their own issues. I make that point to indicate that I have some experience in this area, albeit — and thankfully — limited experience.
One of the features of the 56th Parliament was a series of rolling crises that seemed to occur within the community services portfolio, including the youth justice area. There were two significant lowlights — firstly, the escape of six young prisoners from the Eastern Hill unit of the Melbourne Youth Justice Centre in May 2010, and secondly, the notorious Ombudsman’s report entitled Whistleblowers Protection Act 2001 — Investigation into Conditions at the Melbourne Youth Justice Precinct, which was tabled on the second‑last sitting day prior to the state election.
The timing of that release allowed little opportunity for the report to be considered, for the incumbent government to be questioned or indeed for issues to be raised and the normal accountability processes to occur.
Before I address the substance of the bill I will briefly discuss some of the issues that arose from that incident, the subsequent Comrie report and the Ombudsman’s investigation. I do that because the amendments made by the bill before the house largely derive from those events and investigations.
The Comrie report focuses on three main themes: firstly, security arrangements at Parkville; secondly, an investigation of the escape itself; and thirdly, some related and contributory factors in the escape.
The report clearly identifies the shortcomings of the facility. It recommends urgent action on the problems which Mr Comrie identified as presenting, in his words, substantial risks to the department, the community and the staff and clients of the precinct. Mr Comrie also noted:
Many of the young offenders at the MYJC have a substantial history of violence and have been sentenced by the Children’s Court to terms of custody in recognition of the threat they pose to the community. Indeed, from 2001 to 2009 the number of young offenders in custody for offences of violence has increased dramatically from 23 per cent to 76 per cent of the total held in custody by the department. This situation presents significant challenges for the department and should be the catalyst for a thorough review of all relevant policies and procedures, especially those that impact on safety and security.
As I indicated earlier, the Ombudsman’s report was tabled late in the day and is a damning indictment of the youth justice regime operated by the former government, a regime that was rightly described by the then shadow minister as a ‘toxic environment’.
The report indicates that the prevailing conditions at Parkville were in breach of the United Nations Rules for the Protection of Juveniles Deprived of their Liberty, the Australasian Juvenile Justice Administrators Standards for Juvenile Custodial Facilities, recommendations from the Royal Commission into Aboriginal Deaths in Custody and, last but not least, the government’s own health regulations, including the food act.
No wonder the government tried to hide the report in the rush of events that surround the end of any Parliament. The Ombudsman’s report contains a total of 27 recommendations and in conjunction with the Comrie report provides an excellent framework for the operation of youth justice facilities in Victoria.
What has been done in terms of these recommendations?
Substantial progress has been made against all recommendations of the Ombudsman and in the eight action areas identified by Mr Comrie.
The proposed changes in the bill were recommended by the Comrie review specifically to address the current unsatisfactory security arrangements at Parkville, to protect the community and to uphold law and order.
The bill will enable the state’s $5 million investment to create a single point of entry for the precinct to perform its full security function and will provide a strong legislative framework for security improvements at the youth justice facilities across the state. I commend the bill to the house.
Legislative Assembly 13 October 2011
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