Review of Gatekeeping Role in Young Offenders Act 1997


Methodology

Sources of information

9. This review was conducted over a period of approximately four months on a part-time basis. The main sources of information for this report have been:

• oral consultations and some written comments from stakeholders; By stakeholders I mean anyone having an interest in the legislation. A list of the people and groups consulted can be found at Appendix A.
• analysis of available statistical data;
• analysis of the applicable legislation; and
• a limited review of the literature.

10. The individuals and groups with whom I consulted are listed in Appendix A. Notably absent from this list is any reference to consultation with young people themselves. The reason for this was the cost and time involved of setting up focus groups or individual interviews with young people who had come into contact with police. However some valuable information can be found in a report produced by the Crime Prevention Division of the Attorney General’s Department. In February and March 1996 the Division conducted a number of focus groups involving a total of approximately 100 young people. Some direct quotations from this report are set out in Appendix B.

11. The details of oral and written comments from Youth Liaison Officers (YLOs) and others at the YLO Forum in Goulburn are reproduced at Appendix C. My consultations with members of the Police Service revealed that they are developing and implementing several strategies which have the potential to address issues raised by this review. Consequently I asked the Police Service to produce a list of their current and proposed strategies in relation to the implementation of the Act. This document is attached as Appendix D. Appendix E is a Promotional Plan for the Act developed by a sub-committee of YJAC. Many of the comments and strategies incorporated in the appended documents are referred to throughout the body of the report.

12. I also attended the Summit on Strategies to reduce Indigenous over-representation in the New South Wales Juvenile Justice System at Parliament House on 27 July 1999. Some of the recommendations from this summit are reflected in this report.

Approach to the Terms of Reference

13. Having applied this methodology, this report addresses the Terms of Reference by:

• providing an overview of the Act and its objectives;
• analysing the available date in relation to decisions made by gatekeepers;
• summarising the role played by gatekeepers;
• identifying some of the barriers to the existing gatekeepers complying with the provisions and objects of the Act;
• discussing ways of overcoming these barriers;
• making recommendations to address these barriers; and
• identifying options for amending the Act to increase diversion rates even further.



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