Comparisons have been drawn between the Queensland government’s latest youth justice crackdown and Campbell Newman-era boot camps, which showed limited evidence in addressing reoffending.
The LNP’s ‘Circuit Breaker Sentencing’ will provide an alternative option to detention for courts, diverting juveniles to a remote location with a service provider for up to six months.
Initially catering for up to 60 youth offenders, the program will offer structured activities and education in an attempt to rehabilitate the children.
Laura Gerber says the Circuit Breaker sentencing will deliver both consequences and the opportunity for rehabilitation. (ABC News: Lucas Hill)
Participants will be required to wear an electronic monitoring device.
Introducing the proposed laws last month, Youth Justice Minister Laura Gerber told state parliament the initiative was designed to “create lasting change”.
“Effective youth justice requires both consequences for actions and a genuine opportunity for rehabilitation,” she said.
“It is not one or the other; it is both. Circuit Breaker delivers both.”
Family contact vital
Devised by then attorney-general and current Deputy Premier Jarrod Bleijie, youth boot camps were trialled in 2013.
They were later scrapped by the Palaszczuk government in 2015, and an independent report found limited evidence the program reduced recidivism.
Queensland Family and Child Commissioner Luke Twyford highlighted the report and the importance of family engagement.
Jarrod Bleijie was the attorney-general in the Newman government when the controversial boot camps were trialled. (ABC News)
“The effectiveness of the Circuit Breaker Program will depend on whether relationship-based behaviour change is the primary mechanism for change, giving young people the opportunity to learn, repair harm and build capability, supported by consistent and predictable structure.”
Mr Twyford highlighted the risk of the remote nature of the sites and urged external oversight to prevent abuse.
PeakCare chief executive Kelly Jebb also called on the government to learn from the previous experiences, so “the same shortcomings are not repeated”.
Calls for consent
Legal Aid Queensland (LAQ) noted the legislation only required an assessment to be made as to whether the youth offender is suitable for the program.
There is no proposed legal requirement for the child’s consent to engage, with LAQ recommending that be legislated.
It also raised concerns that there may be barriers to children reporting harm due to the rural locations.
And LAQ noted it was “deeply troubled” by the proposal that it could be a reasonable excuse for a provider to not report harm if it would incriminate them.
“If a child suffers harm while participating in the provider’s circuit breaker program, it will almost always likely incriminate the reporting entity in some way.”
Luke Twyford raised concerns about the remote nature of the sites. (ABC News: Nickoles Coleman)
‘Confusion and frustration’ for victims
Queensland’s Victims Commissioner Kate Connors highlighted a potential blind spot in access to information about youths who have entered the program.
Currently, victims of violent and sexual crime can receive information about an offender serving time in youth detention.
But Ms Connor noted a victim would not be informed if the offender engaged in Circuit Breaker.
“These aspects of the Bill may cause confusion and frustration for victims who would like to be eligible to receive information about the whereabouts of the offender, and the timing of their release into the community,” she said.
She recommended that be changed, to keep the rights of victims at the forefront of government policy.
“This would allow such victims to receive information about variations to the order, and if the offender relocates, exits, or absconds from the program.”
A parliamentary committee examining the legislation is expected to hear from advocates today, before debate returns to parliament.
Expressions of interest for service providers are open, with the program expected to come online later this year.
