Page 367 - Week 02 - Thursday, 8 March 2007
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standing orders over the past 18 months would not necessarily have been done to the highest order, as it has been.
In relation to juvenile justice, the Human Rights Act sets a higher test for us than other jurisdictions have. It sets a very high standard of care. Other jurisdictions do not need to abide by a human rights act when they are looking at how they manage children and young people on a day-to-day basis. Yes, they treat them with respect. Yes, there are guidelines about how they can operate—behaviour management programs and search and seizure procedures and all that. But it is not necessarily measured in accordance with the human rights of an individual. That is the difference we have here and that is why the Human Rights Act has been so important.
I turn to the comment about section 401AK. I am advised that 401AK (4) would not apply to 401AK (2), because in emergency situations we do not intend the search to occur in front of other detainees or persons whose presence is not necessary. I take the point: it is hard to legislate to cover every situation that may occur. This is one of the realities of understanding what goes on at Quamby on a day-to-day basis. You just cannot foresee some of the issues that are presented to staff and young people at the centre. You cannot imagine some of the things that people try to bring into the centre—or take away. It is hard to create a framework where the legislation allows for all of those situations to be incorporated. I am advised that, as far as we can see, as best we can see, those subsections are okay at the moment. However, as Mr Seselja says, there may be a need to look further at all of this in the future—particularly through discussion of the exposure draft once it becomes a formal bill in the Assembly.
In conclusion, I would like to thank members for their contributions. I appreciate the unanimous support that we sometimes reach in the Assembly. It is rare, but we sometimes do it. I also thank the staff at the Office for Children, Youth and Family Support—Paul Wyles and his team—who undertook this work. A couple of years ago they probably did not know the full extent of it, and they are still beavering away. The path is heading in the right direction, and I would like to thank Paul and all his staff for their commitment and for their excellent advice to me as we move forward, particularly around Quamby. I also thank Garrett Purtill in my office. He always makes himself available to everybody to talk about these matters when they need to be talked about.
Question resolved in the affirmative.
Bill agreed to in principle.
Leave granted to dispense with the detail stage.
Bill agreed to.
Sitting suspended from 12.11 to 2.30 pm.
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