Page 787 - Week 03 - Thursday, 2 April 2020
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are included in the omnibus bill. The COVID-19 Emergency Response Bill 2020 provides government with proportionate and necessary amendments to powers around health, justice and community services. As a number of people have said, the changes proposed reflect the extraordinary circumstances we are facing and seek to prioritise essential service delivery to those who need it most while continuing to protect the wider ACT community. This bill supports our commitment, in relation to the Children and Young People Act, to upholding the best interests of children and young people as the paramount consideration.
Amendments to section 149 in the Children and Young People Act will align the activation of emergency provisions at Bimberi with the length of time that a public health emergency for COVID-19 remains in place. This will enable the director-general to declare an emergency at Bimberi in order to restrict movements around and into the centre and enable the delegation of power to public servants and police officers if necessary. These amendments prioritise the health and safety of young detainees and staff to prevent the spread of infectious disease within Bimberi.
To protect the health of young people and the broader community, we acknowledge that in some circumstances it is very likely that we will need to place some restrictions, and further restrictions, on face-to-face contact. Face-to-face contact has already been restricted to some extent but is being maintained to the maximum level possible at the moment to ensure the mental health and wellbeing of young people in Bimberi. Further restrictions will only be used as necessary to prevent the spread of disease. The Community Services Directorate will work to keep young people connected to their families with audiovisual visits as well as additional telephone contact during this time.
The act already requires, under section 150(2), that the director-general must ensure that any action taken using the emergency powers is necessary and reasonable in the circumstances. The Community Services Directorate will continue to work closely with justice health and follow its advice in relation to any measures that need to be taken, but it will continue to be overseen also by the oversight agencies—including the Human Rights Commission, the Public Advocate and Children and Young People Commissioner—in relation to youth justice and Bimberi. As well, the official visitors, who will be conducting their work in different ways, will remain in place to oversee the operations of Bimberi Youth Justice Centre.
The bill also amends section 241 of the Children and Young People Act to grant leave to young detainees during the public health emergency to ensure their health and safety and that of other detainees and staff. Local leave provisions already exist in the CYP Act and are typically used to provide leave for young detainees towards the end of their time in custody, supporting them to reintegrate into the community. Under this amendment, the director-general will be able to extend the period of leave granted to a young detainee, either on remand or sentence, in the event of a public health emergency. This is an important amendment to prevent the further spread of disease between other young detainees and staff if there is transmission of disease within Bimberi.
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