Latest / 360 with Katie Woolf / Katie Woolf spoke with Minister for Police Fire and Emergency Services Nicole Manison regarding the Youth Crime Legislation
Transcript
- 0:00Speaker 1: We know the government's proposed legislative changes are going to
- 0:03Speaker 1: be debated in Parliament this week in an effort to
- 0:06Speaker 1: curb the serious issues that we've been experiencing around the
- 0:09Speaker 1: Northern Territory when it comes to youth crime. On the
- 0:12Speaker 1: line with me this morning to provide some further detail
- 0:15Speaker 1: about some of these changes is the Police Minister Nicole Madison.
- 0:19Speaker 1: Good morning, Good morning Katie. Minister. When are you hoping
- 0:23Speaker 1: to have this legislation passed.
- 0:26Speaker 2: Today, Katie? We'll be debating that in the Parliament today.
- 0:29Speaker 2: These are important reforms about making sure that we target
- 0:32Speaker 2: that fifteen percent that commit about fifty percent of the
- 0:37Speaker 2: offenses when it comes to youth crime. This is about
- 0:40Speaker 2: targeting the repeat offenders. But what I want to stress
- 0:43Speaker 2: you too is that we will be continuing on the
- 0:45Speaker 2: reform process when it comes to youth justice, making sure
- 0:49Speaker 2: that where we can divert kids away from a pathway
- 0:52Speaker 2: of crime, that we continue to get them to the
- 0:54Speaker 2: back on track programs, to the camps that we've got going,
- 0:57Speaker 2: because we know that helps stop them coming at all defenders.
- 1:01Speaker 1: Look, I don't think you'll get too much of an
- 1:03Speaker 1: argument from our listeners here on mix oneow four point nine.
- 1:06Speaker 1: You and I have spoken about this issue on so
- 1:09Speaker 1: many occasions. There's definitely a real push from the community
- 1:14Speaker 1: to see some change in this space. I know that.
- 1:16Speaker 1: On the other hand, you know there's people protesting outside
- 1:19Speaker 1: of Parliament House yesterday with their concerns. But as you've mentioned,
- 1:23Speaker 1: there has been serious emphasis from the government in recent
- 1:26Speaker 1: weeks when talking about the legislation that it's going to
- 1:29Speaker 1: really crack down on those repeat offenders. Last week in
- 1:32Speaker 1: a statement, you said, if a young person commits a
- 1:35Speaker 1: serious breach of bail, their bail will be revoked and
- 1:39Speaker 1: they will be taken into Remand what is considered a
- 1:43Speaker 1: serious breach.
- 1:45Speaker 2: A serious breach is committing a prescribed defense or if
- 1:48Speaker 2: they're going out and they commit really a serious breach
- 1:52Speaker 2: of their curfew conditions or electronic monitoring commitments and do
- 1:56Speaker 2: things that they're not meant to be doing while they
- 1:58Speaker 2: are out on bail. So that's what it's all about,
- 2:02Speaker 2: making sure that kids when they're on bail are more
- 2:05Speaker 2: accountable for their bail conditions, because it's very clear when
- 2:07Speaker 2: you see that fifteen percent commit fifty percent of the
- 2:11Speaker 2: offenses that they repeat offenders so again this is being
- 2:15Speaker 2: really targeted here. We're making sure that we are working
- 2:19Speaker 2: with those kids that we know are committing most of
- 2:21Speaker 2: the offenses.
- 2:22Speaker 1: So does the legislation bring back a breach of bail
- 2:27Speaker 1: conditions as an actual offense for youths?
- 2:30Speaker 2: So we're not doing that. I know that the COLP
- 2:32Speaker 2: want to do it, but the reason why we did
- 2:35Speaker 2: not go forward with that is because it simply didn't
- 2:37Speaker 2: work in the past. It became meaningless that just clogged
- 2:40Speaker 2: up the court systems, and what we've put in place
- 2:42Speaker 2: is actually far swifter and a far faster consequence. If
- 2:45Speaker 2: somebody does a serious breach of bail, it means that
- 2:49Speaker 2: they will be going into remand and then if they
- 2:53Speaker 2: are to go back on bail, then they are going
- 2:55Speaker 2: to have electronic monitoring or they're having to go into
- 2:57Speaker 2: bowl supported accommodation a.
- 2:59Speaker 1: Bl Isn't it a bit contradictory? I mean to say
- 3:03Speaker 1: that we're going to be cracking down on on those
- 3:06Speaker 1: that breach bail, but then it's not actually considered an offense.
- 3:10Speaker 2: Well, it just didn't work before, Katie, So there's no
- 3:13Speaker 2: point in going and doing something when it didn't work.
- 3:15Speaker 2: It just created a raft of paperwork and didn't deliver
- 3:18Speaker 2: an immediate consequence. In start contrast, what we're doing today does.
- 3:23Speaker 2: It will be delivering a very fast consequence when it
- 3:25Speaker 2: comes to romand so committing those serious breaches, but also
- 3:30Speaker 2: having more conditions around those kids just as to go
- 3:33Speaker 2: back into the community. But Katie, there will be another
- 3:36Speaker 2: element that we are going to introduce into the committee
- 3:39Speaker 2: stage today. We've taken on feedback that has come through
- 3:43Speaker 2: criminal lawyers, through some of the legal agencies that represent
- 3:47Speaker 2: some of these young people, where they have also asked
- 3:50Speaker 2: that we look at exceptional circumstances in there too to
- 3:53Speaker 2: give the court's provisions because we can't predict absolutely every
- 3:57Speaker 2: circumstance of which crime will be committed than the situations
- 4:01Speaker 2: around it. So today we will move a committee stage
- 4:03Speaker 2: amendment too that goes to also allowing the courts to
- 4:07Speaker 2: make sure that they can deem something exceptional circumstance and
- 4:10Speaker 2: if there is an exceptional circumstance, then the kid can
- 4:14Speaker 2: be released again on their original bail.
- 4:17Speaker 1: Okay, this is something that we've spoken about yesterday and
- 4:20Speaker 1: it was something that concerned quite a few of our
- 4:23Speaker 1: listeners because they were wondering really what is considered an
- 4:26Speaker 1: exceptional circumstance. I mean, I think in most cases, some
- 4:30Speaker 1: of the young people that are committing crimes, probably their
- 4:34Speaker 1: background in terms of some of the you know, some
- 4:37Speaker 1: of the situations that they may be in could be
- 4:40Speaker 1: considered exceptional.
- 4:42Speaker 2: And that will be for the courts to determine, Katie.
- 4:45Speaker 2: We believe that the courts will be well prepared and
- 4:49Speaker 2: able to determine that the intent of the legislation is
- 4:52Speaker 2: very clear about having swift, fast consequences for those who
- 4:56Speaker 2: seriously breach bail, and we completely have face that the
- 5:00Speaker 2: courts will be able to determine what an exceptional circumstance is.
- 5:03Speaker 1: But realistically, this is a bit of a caveat that says, well,
- 5:07Speaker 1: you could be let off the hook.
- 5:09Speaker 2: I don't think it is at all. I think it's
- 5:11Speaker 2: making sensible provision to know that there will be some
- 5:13Speaker 2: exceptional circumstances that you cannot foresee if you have a
- 5:16Speaker 2: look at the legislation holistically. This is addressing, like I said,
- 5:21Speaker 2: that targeted group of repeat offenders that we want to
- 5:24Speaker 2: make sure we deal with to increase community safety, and
- 5:27Speaker 2: we do have some very swift consequences.
- 5:29Speaker 1: So what would you consider an exceptional circumstance?
- 5:33Speaker 2: Well, that is for the court to determine. They'll have
- 5:35Speaker 2: a look at all the different situations and the complexity
- 5:37Speaker 2: around it.
- 5:38Speaker 1: But if you are changing the legislation, and you're the
- 5:40Speaker 1: minister responsible, you know, for bringing this to the house,
- 5:44Speaker 1: what would you consider an exceptional circumstance.
- 5:47Speaker 2: I believe that the courts are well prepared to be
- 5:50Speaker 2: able to deal with that, Katie. They can have a
- 5:52Speaker 2: look at the different situations of what happens and they
- 5:54Speaker 2: will determine what an exceptional circumstance is given what's before them.
- 5:58Speaker 1: So are we're talking though, Let's say somebody comes from
- 6:02Speaker 1: a broken home or they are being treated for fetal
- 6:06Speaker 1: alcohol disorder fas D. Would that be considered an exceptional circumstance.
- 6:12Speaker 2: Well, this is for the courts to determine. It's important
- 6:15Speaker 2: to recognize that there is a body of case law
- 6:17Speaker 2: that explains what may or may not be considered exceptional.
- 6:21Speaker 2: But this is a matter for the court to interpret, Katie,
- 6:25Speaker 2: what the exceptional circumstances will be?
- 6:27Speaker 1: All right, Minister. The ABC News was yesterday reporting that
- 6:30Speaker 1: lawyers say parts of the legislation contradict what you told
- 6:34Speaker 1: Parliament when introducing the legislation. You said the changes mean
- 6:38Speaker 1: there is a presumption against bail for most offenses, despite
- 6:42Speaker 1: the bill itself saying the presumption for bail will be removed.
- 6:48Speaker 1: So which is it has the presumption for bail been removed?
- 6:52Speaker 2: So if there is a serious breach of bail, then yes,
- 6:55Speaker 2: the presumption of bail is not there if the presumption
- 6:59Speaker 2: is against. But if it is a first defense and
- 7:01Speaker 2: it is a prescribed defense, then it is bail neutral.
- 7:04Speaker 2: That is there for the courts to determine.
- 7:05Speaker 1: Okay, So the court will still be able to grant bail.
- 7:11Speaker 1: Well if if there is a serious breach, realistically they're
- 7:14Speaker 1: still going to be able to grant bail.
- 7:18Speaker 2: Yes, but on those instances they're going to have to
- 7:20Speaker 2: go out on electronic monitoring, they're going to have to
- 7:23Speaker 2: go into bail supported accommodation, or if there is an
- 7:27Speaker 2: exceptional circumstance, there would be allowance for that to go
- 7:30Speaker 2: back on bail on the original conditions.
- 7:32Speaker 1: Okay, Minister, it does sound as though there's been quite
- 7:37Speaker 1: a step back here from what you know from the
- 7:39Speaker 1: tough talk that yourself and the Chief Minister were talking
- 7:42Speaker 1: last week.
- 7:44Speaker 2: No, I think if you have a look at the
- 7:45Speaker 2: content of what we have got here, we have got
- 7:48Speaker 2: very sensible changes that go to the root problem that
- 7:51Speaker 2: we're trying to deal with here, which is serious repeat offending.
- 7:55Speaker 2: And this is about community safety, but it's also making
- 7:57Speaker 2: sure that those use are involved in serious repeat offending
- 8:02Speaker 2: actually get more support around them sooner, because allowing them
- 8:05Speaker 2: to go on and continue to commit crime is not
- 8:07Speaker 2: a good solution.
- 8:08Speaker 1: But minister, can you understand how you know, like for
- 8:11Speaker 1: some people listening this morning, they'd be thinking, well, you
- 8:14Speaker 1: are saying that if you are serious repeat offending, that
- 8:17Speaker 1: you're not going to be granted bail, and that you
- 8:20Speaker 1: know we're cracking down on these repeat offenders. But then
- 8:24Speaker 1: you know, we are also hearing that if there is
- 8:27Speaker 1: an exceptional circumstance that you know that the courts will
- 8:32Speaker 1: still be able to grant that bail. But they also
- 8:35Speaker 1: that presumption for bail hasn't been removed. There is still
- 8:40Speaker 1: that presumption there by the sounds of.
- 8:43Speaker 2: It, No, I don't think that is the case at all.
- 8:48Speaker 2: I think you're seeing a much better efficient system that
- 8:51Speaker 2: will hold more use accountable for their offenses, particularly if
- 8:56Speaker 2: they commit their offenses on bail. So I've got a
- 8:59Speaker 2: stress here that this is some pretty serious changes that
- 9:02Speaker 2: we're putting through here, Kadian, and it will certainly make
- 9:04Speaker 2: young people more accountable for their bail.
- 9:06Speaker 1: Okay. Now, as part of these changes, prescribed defenses are
- 9:10Speaker 1: going to be expanded. During the week that was on Friday,
- 9:13Speaker 1: the opposition leader raise some concerns around this and said
- 9:17Speaker 1: the expansion of those prescribed defenses didn't include home or
- 9:21Speaker 1: business invasion or threats to kill. Why not?
- 9:26Speaker 2: So we have gone on the advice that we have
- 9:28Speaker 2: had from police about what is going to be most
- 9:30Speaker 2: helpful for them with the list and actually what they
- 9:34Speaker 2: deal with more and so on a day to day basis.
- 9:36Speaker 2: So we're including things like driving a motor vehicle causing
- 9:39Speaker 2: death or serious harm, hit and run for sure to
- 9:42Speaker 2: section one hundred and seventy four FA, unlawfully entering a building,
- 9:47Speaker 2: unlawful use of a motor vehicle. So they are some
- 9:49Speaker 2: of the ones that we're bringing on board, which is
- 9:51Speaker 2: based on the advice we've received from place.
- 9:54Speaker 1: Okay, so it is based on advice from police that
- 9:57Speaker 1: those other ones haven't been included.
- 10:00Speaker 2: So what we've expanded to is based on the advice
- 10:03Speaker 2: that we have received and I've taken that advice on
- 10:05Speaker 2: board all right now.
- 10:06Speaker 1: Leah Finochiarra also questioned why under those changes, if a
- 10:09Speaker 1: youth commits a to quote serious breach of bail, the
- 10:13Speaker 1: legislation states that they're going to be taken into the
- 10:16Speaker 1: custody of the CEO. Can you explain to us what
- 10:20Speaker 1: that means?
- 10:21Speaker 2: So basically, when we know that we're dealing with youth justice,
- 10:25Speaker 2: the CEO of the Youth Justice Department is in charge
- 10:29Speaker 2: of the youth detention facilities.
- 10:31Speaker 1: So it means that they go into the youth detention facility.
- 10:34Speaker 2: Yes?
- 10:35Speaker 1: Is that so that actually means out to don Dale? Yes,
- 10:39Speaker 1: so if there is a serious breach of bail, they
- 10:42Speaker 1: will go back.
- 10:43Speaker 2: To don Dale if they are on remand yes, okay, so.
- 10:47Speaker 1: Will there be additional support? I know that the bail
- 10:50Speaker 1: accommodation is always something that we talk quite a bit about,
- 10:53Speaker 1: and that bail accommodation making sure that if a youth
- 10:56Speaker 1: does need to go into that bail accommodation that they
- 10:59Speaker 1: really that the accommodation providers have the support that they need.
- 11:04Speaker 1: Do you think that you're going to see an increase
- 11:05Speaker 1: in the number of young people that need to go
- 11:07Speaker 1: into those types of facilities and to those providers being
- 11:11Speaker 1: well given additional support.
- 11:13Speaker 2: So we do have contracts with those providers and they
- 11:16Speaker 2: do an excellent job when you go in there, They
- 11:20Speaker 2: run more programs, they take good care of these young people,
- 11:24Speaker 2: but most importantly, they put them in a situation that
- 11:27Speaker 2: takes them away probably from the setting that they were
- 11:30Speaker 2: living in which really did attribute to their criminal activity.
- 11:34Speaker 2: So we have those contracts set up and we do
- 11:37Speaker 2: expect that we'll have more use going into those facilities.
- 11:41Speaker 1: Minister, I'm just getting a couple of messages, or quite
- 11:43Speaker 1: a few messages on the text line people who are
- 11:46Speaker 1: a bit confused as to exactly what is changing here,
- 11:51Speaker 1: you know, to the effect of is anything really changing
- 11:55Speaker 1: if there is still the option for an exceptional circle
- 12:00Speaker 1: stance to be you know, to go through the courts
- 12:03Speaker 1: and realistically get repeat offenders off.
- 12:07Speaker 2: So there are some big changes here. Let me reassure
- 12:10Speaker 2: your listeners of that this is significant reform for targeting
- 12:14Speaker 2: repeat offenders. Katie, This is swift, These are immediate consequences.
- 12:19Speaker 2: These will hold these young people who go out and
- 12:23Speaker 2: commit serious breaches of bail more accountable to their bail.
- 12:28Speaker 2: I cannot stress that enough.
- 12:30Speaker 1: Gaza in Palmerston has said exceptional circumstance. I was hungry,
- 12:33Speaker 1: so I stole their car so I could go through
- 12:35Speaker 1: the drive through.
- 12:37Speaker 2: Yeah, Gaza, I think a court would be sensible to
- 12:40Speaker 2: recognize that that wasn't an exceptional circumstance.
- 12:44Speaker 1: How are you going to keep track of people who've
- 12:46Speaker 1: breached their bail if it's not an offense.
- 12:50Speaker 2: Because they have bail monitoring conditions on them and they're
- 12:53Speaker 2: expected to be compliant with their bails. So there are
- 12:56Speaker 2: rafter checks that go into keeping kids accountable to their back.
- 13:00Speaker 1: Okay, I've got a few questions other questions from listeners,
- 13:03Speaker 1: but I've actually got one here regarding the police force
- 13:06Speaker 1: and police leaving the force. Gary sent this through to
- 13:09Speaker 1: us on an email on the weekend, asking would you
- 13:12Speaker 1: be prepared to appoint an independent firm to order why
- 13:16Speaker 1: so many police officers in the Northern Territory are leaving.
- 13:20Speaker 1: He says it costs thousands of dollars to train up
- 13:22Speaker 1: these new police officers, and the Northern Territory taxpayer needs
- 13:26Speaker 1: to know why they're leaving.
- 13:29Speaker 2: I don't think we need that because I have frequent
- 13:32Speaker 2: conversations with the Commissioner and his senior management about their
- 13:36Speaker 2: exit interviews, with their conversations about what happens when people
- 13:39Speaker 2: do leave. The police force and the Police Association always
- 13:42Speaker 2: are very upfront with me too. I was very disappointed,
- 13:46Speaker 2: I have to say, yesterday Katie, to hear the member
- 13:48Speaker 2: Fan Nelson go out there and bag out the senior
- 13:51Speaker 2: management of police. I thought his comments were absolutely disgraceful
- 13:56Speaker 2: and I certainly back the management and the leadership of
- 13:59Speaker 2: the place.
- 14:00Speaker 1: Why do you think that we've lost twenty two police
- 14:02Speaker 1: in the last.
- 14:03Speaker 2: Month, Well right now. There is a highly competitive recruitment
- 14:09Speaker 2: program across Australia for different police forces. And sometimes it's
- 14:14Speaker 2: not just constables that you'll see in some of those numbers.
- 14:17Speaker 2: It will be auxiliaries, Aboriginal community police officers as well.
- 14:21Speaker 2: So it's important to recognize it's not awfully foreign officers.
- 14:24Speaker 1: But what I will say.
- 14:25Speaker 2: Is that the environment for recruitment across this nation has
- 14:30Speaker 2: never been more competitive. Because of the extra demands placed
- 14:34Speaker 2: on police through COVID nineteen, we have seen that there
- 14:37Speaker 2: have been national recruitment drives and Northern Territory police officers
- 14:41Speaker 2: are the best in the nation and so that is
- 14:43Speaker 2: why they are highly sought after.
- 14:44Speaker 1: So you don't believe that there are any officers leaving
- 14:49Speaker 1: the force at this point in time because they're unhappy
- 14:52Speaker 1: with things.
- 14:53Speaker 2: I think from time to time you will, but generally
- 14:55Speaker 2: the feedback we get it from people is that family
- 14:58Speaker 2: situation tends to be the biggestry of why there is change.
- 15:02Speaker 1: If we have got such a highly competitive environment with
- 15:06Speaker 1: the other states, are we matching.
- 15:07Speaker 2: That, then we do have really highly competitive conditions here
- 15:13Speaker 2: in the Northern Territory. But I think, make no mistake,
- 15:15Speaker 2: it's a pretty tough environment that our offices work in
- 15:19Speaker 2: big remote areas. They're flat out, they're really busy from
- 15:23Speaker 2: the moment they step out to college and get out
- 15:26Speaker 2: there on the beat. So it is an amazing job
- 15:29Speaker 2: that they do, and you hear about how rewarding it
- 15:32Speaker 2: is for those individual officers who do the job. They
- 15:34Speaker 2: love it, they're passionate about their careers, but there is
- 15:37Speaker 2: no doubt it's challenging work. And I think when you've
- 15:40Speaker 2: lived in the Northern Territory, always know that the pull
- 15:42Speaker 2: of family for a lot of people can sometimes be
- 15:45Speaker 2: too great living here. That's something that everybody deals with.
- 15:48Speaker 1: Another issue which has been on the agenda, and quite
- 15:52Speaker 1: a few listeners have made contact with us throughout the
- 15:55Speaker 1: last week. I know the ABC has been speaking about
- 15:57Speaker 1: begin today is school based constables. How many of those
- 16:00Speaker 1: are now back in the schools.
- 16:03Speaker 2: We've got some more going back out into the school
- 16:05Speaker 2: so for it's my expectation that we have as many
- 16:09Speaker 2: as possible out there on the ground in term three
- 16:11Speaker 2: will introduce some auxiliaries into the model as well, but
- 16:15Speaker 2: we are sending more school based police out onto the ground.
- 16:17Speaker 1: So how many is that.
- 16:19Speaker 2: I don't have the exact number. Last I heard we're
- 16:23Speaker 2: getting another three that we're going back out into the classroom.
- 16:25Speaker 1: So what's the total then?
- 16:28Speaker 2: I think we had. I just don't have the number
- 16:31Speaker 2: in front of me now, Katie. But we were certainly
- 16:34Speaker 2: getting some more out there. We'd had some going out
- 16:36Speaker 2: across Darwin and Palmerston and into the regions as well.
- 16:40Speaker 2: But I've certainly said to police my expectation is that
- 16:43Speaker 2: we have more out into the classroom as quickly as possible,
- 16:46Speaker 2: because that is what the community expects, and that's certainly
- 16:48Speaker 2: what I want to say.
- 16:50Speaker 1: I understand you don't have the number in front of you,
- 16:51Speaker 1: but is it more than three?
- 16:53Speaker 2: Yes?
- 16:54Speaker 1: All right, well, hopefully we can get that from your office,
- 16:57Speaker 1: maybe a little bit later this morning we'll get Actually, Katie,
- 17:00Speaker 1: now I know that you guys are incredibly busy with
- 17:03Speaker 1: Parliament resuming this morning. I just want to ask very quickly.
- 17:07Speaker 1: Last week during question time it sounded pretty bad. There
- 17:10Speaker 1: was some name calling, lots of yelling and that kind
- 17:14Speaker 1: of thing. Have you guys had a bit of a
- 17:16Speaker 1: discussion as a team about raining it in.
- 17:20Speaker 2: I think we are answering the questions and I don't
- 17:24Speaker 2: see any issues there, Katie. I'll say this that the
- 17:28Speaker 2: colp certainly do not hold back on the floor of Parliament,
- 17:32Speaker 2: and I see that there is just good, rigorous debate.
- 17:36Speaker 1: All right, Good on you, Nicole Madison, Thanks so much
- 17:38Speaker 1: for your time this morning. Thank you. It is just
- 17:42Speaker 1: twenty seven minutes after nine o'clock. A lot of people
- 17:45Speaker 1: messaging through regarding these legislative changes around the bail. Now,
- 17:53Speaker 1: let's have a look at a couple of these straight away.
- 17:56Speaker 1: There's one here, Katie. Aren't most of these kids already
- 17:59Speaker 1: in exceptional circumstances. They've changed. Nothing says that text. Another
- 18:03Speaker 1: one here from Robbie. It says out of touch judges
- 18:06Speaker 1: will make this legislation a waste of time. Cheers Robbie.
- 18:09Speaker 1: Another one. If the Minister can't understand or explain the
- 18:13Speaker 1: new proposed legislation, how are we supposed to understand what
- 18:16Speaker 1: is actually changing, if anything at all? One here that
- 18:20Speaker 1: says hi kdi, please ask are the police constables back
- 18:23Speaker 1: in our schools as per COVID as per pre COVID levels.
- 18:28Speaker 1: Oh look, there are quite a number of messages coming through.
- 18:31Speaker 1: I've got one here which I did put to the minister.
- 18:33Speaker 1: How can they keep track of people who've breached their
- 18:36Speaker 1: bail if that's not an offense. There is quite a
- 18:40Speaker 1: bit of confusion raining and it's going to be interesting
- 18:43Speaker 1: today in Parliament when that legislation is debated.