Principles in diversion of Aboriginal and Torres Strait Islander young people from the criminal jurisdiction

ABSTRACT

The over-imprisonment of Aboriginal and Torres Strait Islander children within Australian youth detention facilities is one of the nation’s most significant social and human rights issues. This article discusses findings from recent research on youth penality combined with observations on the current offerings in youth diversion in Australia, to suggest nine principles of good practice in diversion of Aboriginal and Torres Strait Islander young people. It draws on interviews with Aboriginal and Torres Strait Islander young people who were detained in or recently released from youth detention facilities across three Australian jurisdictions (New South Wales, Queensland and the Northern Territory) and interviews with key stakeholders working in youth justice.

KEYWORDS:

• Aboriginal and Torres Strait Islander
• diversion
• Indigenous
• juvenile justice
• young people
• youth detention

Acknowledgements

The authors acknowledge the work of Dr Amanda Porter who co-authored the Discussion Paper on Aboriginal and Torres Strait Islander self-determination and police cautioning and provided comments and feedback on an earlier draft of the paper. The authors acknowledge the contributions of Peta MacGillivray and Fiona Allison who conducted interviews with young people in NSW, QLD and the NT. We also acknowledge other investigators on the CYPP, Eileen Baldry and David Brown, who carried out interviews with youth justice stakeholders and staff. We thank all the people interviewed as part of this project, particularly the young people who generously shared their knowledge and experiences with us. The CYPP was funded by the Australian Research Council (DP 130100184). The Discussion Paper was funded by the Victorian Police.

Disclosure statement

No potential conflict of interest was reported by the authors.

Notes

1 The ratio of over-representation was not available for the NT because of small numbers (< 5) of non-Indigenous youth in detention, or in Tasmania and the ACT because of the small numbers (< 5) of Aboriginal and Torres Strait Islander youth in detention (AIHW, 2019, p. 9).

2 The drowning of the two boys is being treated as a death in police presence, which is treated the same as a death in police custody and a coronial inquest into the circumstances and causes of the deaths is currently underway. https://www.abc.net.au/news/2018-09-11/teenager-jumps-into-swan-river-and-drowns-after-police-chase/10229920.

3 The constable who shot and killed the 19-year-old man has since been charged with murder: https://www.abc.net.au/news/2019-11-13/police-officer-charged-with-murder-yuendumu-shooting/11702408

4 Ethics approval was sought but not granted to also interview children detained in youth detention in Victoria and Western Australia.

Additional information

Funding

The CYPP was funded by the Australian Research Council [grant number DP 130100184].