Juvenile Justice “Over Numbers” of Detainees

Executive, 31 March 2008, EX28/08

"That the PSA Executive endorse a campaign to pursue a resolution to the issue of over numbers of detainees in Juvenile Justice Centres. This campaign should include appropriate representations to the Government."

Since November 2007 the number of detainees in Juvenile Justice has exceeded the stated bed capacity of 415 State-wide. The Department has not been able to provide the Association with any meaningful resolution to this issue or advice on what possible solutions can be brought in the medium to long-term to address the spike in numbers. The membership has advised the Department has achieved no suitable outcome in its dealings with Government for the last 3 years during which this issue regarding the increase in detainee numbers has been foreseeable.

Negotiations have ensued between the parties in relation to establishing a trial for additional staffing utilising a risk management approach. This approach is proving to be a failure depending on location as additional staffing resources are being denied over the interpretation of whether a risk is present. The membership's request for a formula based approach in relation staffing for over numbers has been resisted by the Department.

Our members are having to go to management on a daily basis with their cap in their hand to request additional staffing, this is apparent more so in the Regional JJ Centres such as Wagga Wagga and Dubbo. The membership will be without a doubt taking industrial action in the near future.

Currently all the membership have been advised that the Minister has given serious consideration to legislative change in relation to assisting the movement of inmates aged 18 and over to the adult system. This will provide some relief, however all of these movements can be challenged by appeal and hence may not prove to be a permanent solution. Also the minister is giving thought to reviewing the legislation surrounding the sentencing of offenders who have committed serious indictable offences. The latter legislative reform is a controversial one that involves the Attorney General's and other stakeholders.

The members have not been offered any serious remedy in the short to medium term by the Department or the Minister. Promised capital work programmes will not provide additional beds for regional centres until mid-2009.