Raise the Age

Podcast 034: Raise the age

Raise the age

In this episode of the Ultimate Youth Worker Podcast ‘Raise the age’ Aaron speaks with Jessica Sanders from Jesuit Social Services ‘Worth a Second Chance‘ project about how we can understand the legal issue of the age of criminal responsibility and how we might support the campaign to raise it from 10 years of age.


Jessica Sanders

Jess is an author, advocate and social worker from Melbourne, Australia. She is incredibly passionate about social justice and supporting young people to be their best selves. Jess has supported Aboriginal women and children fleeing family violence. Climbed Mt Kilimanjaro in alliance with African Women fighting for their rights to land and provided workshops to children teaching the importance of consent and respect for self and others. Today Jess manages a youth justice campaign that elevates the stories of young people in the justice system and advocates to create a justice system that uses a therapeutic approach as opposed to a punitive one.


Raise the age

Everyone knows that children do best when they are supported, nurtured and loved. But across Australia, children as young as 10 can be arrested by police, charged with an offence, hauled before a court and locked away in a prison. It’s time for the federal, state and territory governments to do what’s right and change the laws to raise the age, so children aged 10 to 13 years are not sent to prison. Children belong in classrooms and playgrounds, not in handcuffs, courtrooms or prison cells.

Medical experts say that children’s brains are still developing, especially the parts that regulate judgement, decision-making and impulse control. This means that kids cannot foresee the consequences of any action and cannot fully understand the criminal nature of their behaviour. The UN Committee on the Rights of the Child has called on countries to raise the age to at least 14 years old. China, Russia, Germany, Spain, Sierra Leone, Azerbaijan, Cambodia and Rwanda have taken this step and we must do the same for Australian kids.

In just one year across Australia close to 600 children aged 10 to 13 years were locked up and thousands more were hauled through the criminal legal system. Aboriginal and Torres Strait Islander children are disproportionately impacted by these laws and pushed into prison cells at even higher rates, accounting for 65 per cent of these younger children in prisons. There has been a chorus of calls both nationally and internationally from Aboriginal and Torres Strait Islander organisations, expert United Nations bodies, human rights organisations, medical and legal bodies, and academics for Australia to raise the minimum age of criminal responsibility.

Children need to be loved and supported so they can reach their full potential. Not locked up.

Today’s resources

Here are links to some articles and training that have bearing on todays podcast.

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Aaron Garth

Aaron Garth is the Executive Director of Ultimate Youth Worker. Aaron has worked as a youth worker in a number of settings including local church, street drug and alcohol outreach, family services, residential care, local government and youth homelessness since 2003. Aaron is a regular speaker at camps, retreats, & youth work training events and is a dedicated to seeing a more professional youth sector in Australia. Aaron is a graduate of RMIT University and an alumnus of their youth work program. He lives in Melbourne with his wife Jennifer & their daughters Hope, Zoe, Esther, Niamh and son Ezra.

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Children's Court

Youth work in the court system: its extremely important

Today I took a bunch of youth work students on a tour of the Melbourne Children’s Court. The Children’s Court of Victoria is a specialist court with two divisions dealing with cases involving children and young people. The Family Division hears applications relating to the protection and care of children and young persons at risk, and applications for intervention orders. The Criminal Division hears matters relating to criminal offending by children and young persons between the ages of 10 and 18. These courts had been a large part of my youth work career from my days working in drug and alcohol outreach to my time in family services. It is also a place that as a youth worker you hope you never have to enter as it means one of your young people has been abused or has done something they probably shouldn’t have.

Children's Court

As we were on our tour our guide mentioned that the role of a good youth worker in the children’s court was extremely important. Whether that was a youth worker writing clear and concise case notes and then providing quality testimony to the court on the work done with a young person in an abuse case or as a character reference for a young person facing incarceration because of a criminal matter a youth worker provides professional care and support in a setting that could at times feel trying. Aside from this our guide stated that it is often a lone youth worker sitting aside a young person that helps a judge to see opportunities for rehabilitation.

[Tweet “Good youth workers are extremely important to the effectiveness of the children’s court”]

There are many who would say that youth work is a generalist profession and any work that is not generalist is something else. We at Ultimate Youth Worker believe that it is in the ‘nitty gritty’ times such as appearances in a court that youth work really hits its stride. Our generalist skills set of relationship building and support provision is used extremely well in this important context. After all it is about our young people and their best interests.

Aaron Garth

Aaron Garth is the Executive Director of Ultimate Youth Worker. Aaron has worked as a youth worker in a number of settings including local church, street drug and alcohol outreach, family services, residential care, local government and youth homelessness since 2003. Aaron is a regular speaker at camps, retreats, & youth work training events and is a dedicated to seeing a more professional youth sector in Australia. Aaron is a graduate of RMIT University and an alumnus of their youth work program. He lives in Melbourne with his wife Jennifer & their daughters Hope, Zoe, Esther, Niamh and son Ezra.

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Do youth workers really provide justice for young people in youth justice?

One of the first options put forward to my youth work class for gainful employment was working in the youth justice system. I looked into it with keen enthusiasm as it was one of the areas I was interested in when I first joined the course. I began looking at the policies and practice standards required of the sector and was excited to see the focus on restorative practices. I read some journal articles and blog posts and began to ask some questions. Finally, I asked a few people who worked in the sector what it was really like and my whole worldview was thrown into a spin. 
 
Many of the youth workers I spoke to felt like little more than jailers or parole officers. They felt that their role was to keep the young people  from causing trouble to society. They mentioned that they got to use some youth work skills however it was minimal. The focus of their work seemed to me to be clearly in the ballpark of retribution not restoration.
 
I was downtrodden. The system seemed to be talking the talk but not walking the walk. I was put in contact with a number non government support agencies to see what else was happening and my view became brighter. Group conferencing, crime prevention, family mediation and mentoring became my landscape of hope. Perhaps the youth justice system wasn’t so bad.
 
A number of the youth workers that I met in the statutory youth justice system were what I now know as canny outlaws. Rallying against the system these youth workers spend time building relationships, helping to keep young people involved in treatment programs and providing much needed guidance. The main thing is that these youth workers practiced youth work.

If you are a youth worker in a youth justice system, you need to remember that your first duty is to the young people. You are not a police officer, parole officer or jailer. You are a youth worker. If you remember that then you will provide justice to these most troubled of young people.

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Aaron Garth

Aaron Garth is the Executive Director of Ultimate Youth Worker. Aaron has worked as a youth worker in a number of settings including local church, street drug and alcohol outreach, family services, residential care, local government and youth homelessness since 2003. Aaron is a regular speaker at camps, retreats, & youth work training events and is a dedicated to seeing a more professional youth sector in Australia. Aaron is a graduate of RMIT University and an alumnus of their youth work program. He lives in Melbourne with his wife Jennifer & their daughters Hope, Zoe, Esther, Niamh and son Ezra.

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Youth Justice: Restoration or Retribution?

We asked our followers recently what they would like us to talk about on the blog and one topic stood out as a major one to start on… Youth Justice. Over the years I have had a number of jobs either in or supporting the youth justice system in Australia. I must confess I struggled working in the sector. Not because the young people are difficult (in fact they were some of the most responsive young people I have ever worked with), but because of the community perception and the subsequent policy directives. The young people I worked with often lacked direction, struggled with education and were wary of anyone who showed concern for their welfare. The community saw liars, thieves and violent offenders who should be hauled over the coals.
 
It is hard to ignore the crimes that some of  these young people have committed, and you know what we shouldn’t!!! These young people have been detained because of what they have done and will pay for their crime. However there are a couple of ways that this can happen depending on your point of view. Is detention there for retribution or restoration??? The young people did the crime and they should do the time. We believe that JUSTICE requires it. However, the question we should ask is what happens to them between the first day behind bars and their last day to develop them so that they do not continue back through the revolving door?
 
In the adult prison system, here in Victoria, there is over 50% likelihood that an offender who is jailed will return to prison within two years of release. A child of a prisoner is SIX times more likely to become an offender than their peers. A young person who is incarcerated will rarely complete secondary education. WHY???  The best answer we can come up with is that the system is a system that is geared toward retribution. We individualise the dimensions of the crime and remove the ideas of social justice from the rights of an offender and then ask them to change. We strip them of their humanity and then ask them to be humane. Crazy!!!
 
In many youth justice systems and support agencies here in Australia there has been a push towards more restorative practices. This has been met by mixed responses from the community. Governments are still stuck in limbo between retribution and restoration. To provide a measure of punishment for their crime, but to also provide opportunities to develop skills for post-release. The rise in victim-offender mediation and group conferencing has been amazing and the opportunities through NGO’s such as Whitelion and Jesuit Social Services to name a couple, for young people to gain employment and social skills has definitely changed the landscape.
 
But what does it all mean for us as youth workers??? Many writers have said that a core tenet of youth work is social justice. I ask whether we are being social just to the young people we incarcerate??? Earlier this year I spent some time in Tasmania visiting Port Arthur (if you ever get the chance you simply have to go). Port Arthur was one of the original penal colonies when the British began transporting convicts to Australia. In particular I was fascinated by Point Puer the first ever boys prison in the British empire. The punishments were severe and boys as young as nine were incarcerated there, however they also taught the boys some skills. Some became so skilled they were employed straight from detention to the detriment of other qualified tradesmen who hadn’t been incarcerated. Can you imagine if our incarcerated young people were taught trades in the same way??? Being taught excellence in your handy work. Being so highly sought after that you could walk out of detention and straight into a well paying job???
 
 

(A sample of the young boys handy work… It could hold over 1000 people.)


As a youth worker it is our responsibility to advocate for our young people. The current system still lets our young people down. We still have those who believe in retribution in positions of power in the youth justice system and we still have young people following in their adult counterparts footsteps… Dancing through the revolving door. There will always be crime as long as people are on the earth. How we deal with the crime is what is in question.
 
We believe in RESTORATION here at Ultimate Youth Worker. This does not mean being soft on crime, on the contrary. It does mean providing every opportunity for the young person to make something of themselves. To throw off the social, economic and cultural ties that bind them. To make amends and for them to be given the opportunity to live as free men and women. We believe that the best way to deal with crime is to deal with the social issues which lead to crime. We believe that the best way to deal with offenders is to develop them as whole people! To do this we need to address all the failings of society which led to their incarceration… and restore them to their community. Reflect on this:

Youth workers are facilitators of restoration not social controllers.”

If you take on the challenge to provide a restorative environment for young offenders then you may find yourself having to become a canny outlaw. It is hard to fight for whats right in the face of the easy way of following the rules. Our young people need you to speak for them. They need your actions and support. They need you to be practically wise. They need restoration.



 

For more info on restorative justice see Howard Zehr below.

 
 

What are your thoughts???

Leave us a comment below or post a comment on facebook and twitter.

 
 

Aaron Garth

Aaron Garth is the Executive Director of Ultimate Youth Worker. Aaron has worked as a youth worker in a number of settings including local church, street drug and alcohol outreach, family services, residential care, local government and youth homelessness since 2003. Aaron is a regular speaker at camps, retreats, & youth work training events and is a dedicated to seeing a more professional youth sector in Australia. Aaron is a graduate of RMIT University and an alumnus of their youth work program. He lives in Melbourne with his wife Jennifer & their daughters Hope, Zoe, Esther, Niamh and son Ezra.

More Posts - Website

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