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Indigenous Law Bulletin

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Broadbridge, Garry --- "Stirrings: Keeping Young People Out of Gaol on the South Coast of New South Wales" [1998] IndigLawB 58; (1998) 4(13) Indigenous Law Bulletin 20


Keeping Young People Out of Gaol on the South Coast of New South Wales

by Garry Broadbridge

Aboriginal people on the south coast of New South Wales established a program, in 1995, to help their young people who are coming into conflict with the law.

The Young Offenders Program (the 'Program') was established with funds provided to the Aboriginal and Torres Strait Islander Commission (ATSIC), as a result of the Royal Commission into Black Deaths in Custody budget for special initiatives. The South Coast Aboriginal Legal Service (South Coast ALS) sponsors the Program, which is one of the few developed outcomes from the Royal Commission, and which has been running well for the last three years.

The overall aim of the Program is to decrease the number and frequency of Aboriginal young people involved in the criminal justice system in the Shoalhaven area.

The Program is staffed by two officers (one of whom is Koori), who are based at South Coast ALS, and provides a range of services and assistance to Aboriginal young people. In particular, the Program is distinctive as it provides an invaluable link, organised by Aboriginal people, between young people, the police, the courts, the Department of Juvenile Justice, and anyone else who might be involved when a young person comes into conflict with the law. The Program deals with young people from the age of 14, until their early twenties (even keeping contact with those who have progressed beyond Children's Court level, to Silverwater or Long Bay Gaol). Most come from the towns of Nowra and Bomaderry: those in conflict with the law tend to be town locals, and do not usually come from Aboriginal communities further afield, such as Wreck Bay.

The connection between the South Coast ALS and the Program is vital as it enables the Program to work with young people as soon as possible after they come to the attention of the police. The Program makes contact with young people in a variety of ways: maybe through a phone call from the police, or from contact with a lawyers at the ALS, or from meeting young people on the street and out in the community.

Wherever possible, the Program involves the young person's family in all matters. If there is no immediate family available, attempts are made to locate relatives or friends who are prepared to help in the strategies. However, it has been observed that most of the young people are not homeless: they often are living with two parents, and at least outwardly appear to have good family support structures. At all times the Program is keen to assist the young person to maintain a strong bond with her/his family and to keep everyone informed of what's going on.

The officers try to help young people understand the consequences of their behaviour and the actions that lead them to involvement with the police. Then, if they agree, they use a variety of strategies to help the young people sort out their legal and personal situations.

Prior to the young person's Court appearance someone from the Program can talk with the client, so that when the solicitor seeks instructions the main aspects of the case are known and any relevant inquiries completed. This means that the youth can present in a more relaxed manner and more time can be spent on a defence, or on the nature of the mitigation. This arrangement sometimes puts a totally new angle on the charges, and other aspects of the case, which may not be apparent from a brief interview with a solicitor. Young people seem to be less intimidated by officers from the Program than they are by people more connected with the law, such as lawyers or police. Furthermore, the Program officers are often able to give them more of their time, and can speak to them in very down-to-earth terms about their situation.

In consultation with the lawyer, the Program can help the young people undertake actions prior to appearing in Court, which can provide solid evidence of remorse, atonement and/or a change in lifestyle (such as returning to school, or seeking work). This is not just for Court purposes, but can also help them confront their future. Then, by regular monitoring and counselling, the young people are encouraged to maintain positive lifestyle changes.

Of course, things are rarely so straightforward and often the real impact of the Program is the continuing contact. This means the Program staff regularly chat with young people down the street, when they are attending the Department of Juvenile justice, or while they are doing Community Service work. In this way some real communication may occur, through which a young person can realise that there is a genuine concern for her/his wellbeing. Such interaction also encourages young people to use the Program as a source of advice and help when not in trouble with the law. This contact may help raise their self-esteem and help them find new options for their lives.

The Program is an active partner in a wide network of youth-focussed organisations and agencies. It has forged a close professional relationship with the local Department of Juvenile justice office and this allows a young person under Court direction to be monitored and appropriately assisted. It also ensures that, where problems arise, the resources of both offices can be brought to bear quickly and efficiently, so the young person can fulfil her/his obligations.

One result of this co-operation has been the development and conduct of a Living Skills Course at Illawarra Institute of Technical and Further Education (TAFE). The class of twelve Koori males were referred from Juvenile Justice and from the Program. The course covers a range of basic education skills and talks, on topics that impact on young people. It is apparent that many of these young people have very little knowledge of their own culture and are even disparaging of their Aboriginal background. It is hoped that this course will help young Koories become more aware of positive aspects of their culture and community and opportunities they might take up to achieve educational or work goals.

The Program is well regarded by the Nowra Local Court, which sometimes requests the Program to provide it with a report on a young offender as part of the deliberations on sentencing options. The Department of Juvenile justice involves the Program in the development of case plans for some clients. There are also some situations where the clients request Program officers to assist them at Police stations, rather than a solicitor. At all times the Program is very aware of the legal rights of the client and where there is any doubt the solicitors of the ALS are consulted before any action is undertaken.

Garry Broadbridge is an officer in the Young Offenders Program.


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