Page 256 - Week 01 - Thursday, 29 November 2012

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In the Seventh Assembly in May 2012 I tabled the Children and Young People Amendment Bill 2012. Unfortunately, the bill has lapsed. I am now tabling the bill again, which makes minor amendments to the Children and Young People Act 2008 to improve the administration and interpretation of the act and the provision of services to children, young people and their families.

Two amendments in this bill stem from the ACT government’s response to the Human Rights Commission Review of the ACT Youth Justice System. The Human Rights Commission made 224 recommendations to ensure a quality youth justice system in the ACT.

To date the government and the Youth Justice Implementation Taskforce have been working to implement these recommendations and continue to do so. The government is committed to ensuring the ACT has a high performing and effective youth justice system, the Bimberi Youth Detention Centre.

It is our aim to have a system that will have a strong focus on early intervention, prevention, therapeutic programming and diversion. Importantly, the youth justice system and places of detention must comply with human rights standards and practices.

Following the Human Rights Commission review, the government announced a blueprint for youth justice in the ACT which was released in August of this year. The blueprint drives reform to the ACT youth justice system for the next 10 years and aims to deliver significant long-term outcomes in reducing the number of children and young people engaged in or at risk of offending; ensuring children, young people and their families receive the support and assistance they need; and that the ACT is a safer and better place to live.

The government recognises that an important part of maintaining a high performing and effective youth justice system is ensuring that the legislative framework promotes the best interests and rights of children and young people. This principle underpins the blueprint. This includes making sure that the powers of administrative agencies, such as the Bimberi Youth Justice Centre, are appropriate and based on the human rights framework encompassed in the ACT Human Rights Act.

This is why the government agreed with the Human Rights Commission’s recommendation to consider legislative change and the two recommendations addressed in this bill were identified as priorities.

Firstly, the government’s bill addresses the Human Rights Commission’s recommendation regarding the use of force under section 223 of the Children and Young People Act. The commission recommended that the government amend the Children and Young People Act, policy and procedures to require a doctor or nurse to be notified as a matter of course every time force is used, rather than providing the young person with the option to see a doctor or nurse after the event.


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