Level 31, Governor Macquarie Tower, 1 Farrer Place, Sydney NSW 2000

Phone: (61 2) 9228 5246 Fax: (61 2) 9228 5874 Email:office@smith.minister.nsw.gov.au

The Hon. Greg Smith SC MP Attorney General Minister for Justice

The Hon. Robert Borsak MLC Acting Chair General Purpose Standing Committee No. 4 Parliament House Macquarie Street SYDNEY NSW 2000 Dear Acting Chair Please find enclosed:

• A corrected transcript of the General Purpose Standing Committee No. 4 public hearing, which examined proposed expenditure for the portfolio area of Attorney General and Justice on 14 August 2013;

• Answers to questions taken on notice during that hearing; and

• Answers to supplementary questions asked by members of the Committee.

Yours sincerely

Greg Smith

Page 1 of 29

The Hon. ADAM SEARLE: It is not a court. Which courts will be converted simply to list courts, that is, from hearings simply to running lists? Mr GREG SMITH: I will have to take that question on notice. Mr THOMAS: None. There are no plans. ANSWER I am advised by my Department that, at this stage, there are no plans to make any Local Court just a list court. The sitting arrangements at each courthouse are a matter for the Chief Magistrate to determine. However, as the member may be aware, the amount of time allocated to list days rather than hearing days at each location is adjusted to deal with the workload at each court.

Page 2 of 29

The Hon. ADAM SEARLE: There is no need then, Mr Attorney. Is it the case that magistrates are having their access to loose-leaf legislation services reduced or cut due to budget constraints? Mr GREG SMITH: I certainly have not heard of that. I know they have been issued with laptops in recent times so they have access to the legislation that way through AustLII and other services that may be given to them. I have not heard of the other. The Hon. ADAM SEARLE: Are judicial officers being given training in the operation of those extra systems? Mr GREG SMITH: I am sure they are. The Hon. ADAM SEARLE: Can you take that question on notice as well? Mr GREG SMITH: Yes. Mr THOMAS: They are being provided through online access to those services. ANSWER I am advised that magistrates are currently trialling the publisher’s eSubcription version of their loose-leaf services so they are no longer receiving a printed version. There has been no decrease in the amount spent on these services. Magistrates particularly wanted to use on-line access via iPads as it is less burdensome than paper based services, especially when they are on circuit. The Judicial Commission of NSW provides all magistrates with access to its comprehensive judicial support system (JIRS) which includes annotated legislation (both State and Commonwealth) and all of its bench books (all loose-leaf services) in electronic form. This includes the Criminal Trial Courts Bench Book, Civil Trials Bench Book, Local Court Bench Book, Sentencing Bench Book and Equality Before the Law Bench Book. In addition, the Commission has developed an iPad application that updates recent developments in law. The Judicial Commission of NSW provides ongoing training for all judicial officers in the use of computers, iPads, JIRS and other legal research sites. Seminars and face-to-face training are provided regularly. The Judicial Commission of NSW also provides a help desk service by computer, email and mobile phone to complement this training.

Page 3 of 29

The Hon. ADAM SEARLE: How many vacancies have been carried amongst the Crown prosecutors and public defenders, if any? Mr GREG SMITH: I will take that question on notice. ANSWER As at 14 August 2013 there were four vacant Crown Prosecutor positions and one vacant Public Defender position. In the 2012/2013 financial year two outstanding Public Defender vacancies were filled bringing the office to full capacity. In the same period, the number of vacant Crown Prosecutor positions varied between two and four.

Page 4 of 29

The Hon. ADAM SEARLE: Your Government's recent changes to victims compensation had a retrospective effect and disadvantaged many victims of crime. What is the amount of money that your Government has calculated that will no longer be paid to victims of historic sexual child abuse as a result of those changes? Mr GREG SMITH: I do not have a figure on that. The Hon. ADAM SEARLE: I am happy for you to take that question on notice. Mr GREG SMITH: Let me make it clear that there has been no reduction in the amount of money the Government is putting into victims compensation. It is $72 million and undoubtedly that figure will go up as time goes on. But that is the figure that was being put in—a figure reduced by any cost of living increase for some years. We have improved a failed system which was nearly three years in backlog. I am told that half the applicants did not get anything and if they did get something they had to wait for three years. So they had to carry all the costs, the loss of salary and matters of that sort. After PricewaterhouseCoopers did a review of the best way to spend that money we brought in a system that gives upfront assistance, including counselling up to 22 sessions. I believe it is a much fairer system. ANSWER I can confirm that the budget for the Victims Support Scheme is maintained at $72 million per financial year. Victims of historic child sexual assault will still be eligible for a recognition payment. The victim will need to establish that they were a victim of an act of violence and will be awarded a category of recognition payment. The amount paid in claims from the Victims Support Fund will be fully expended to cover matters including victims of historic child sexual assault.

Page 5 of 29

Mr DAVID SHOEBRIDGE: Do you know how many complaints were received by the Anti- Discrimination Board in 2013? Mr GREG SMITH: Do you mean 2012-13? Mr DAVID SHOEBRIDGE: Yes, 2012-13. How does that differ from the previous year? Mr GREG SMITH: Initially I will say that during the period 2012-13 there were 1,059 complaints received, 1,046 were finalised and 5,030 inquiries were received. The board delivered education and community outreach to over 10,500 individuals. I do not have the figures for the previous year but I will take that on notice. ANSWER I can confirm that in the 2012/2013 financial year, preliminary figures indicate that 1059 complaints were received and 1046 finalised. The precise figures will be published in the Anti-Discrimination Board’s 2012/2013 Annual Report. The Board’s 2011/2012 Annual Report shows that 1243 complaints were received, 1396 were finalised and 4553 enquires answered.

Page 6 of 29

The Hon. ADAM SEARLE: The current legislation of the new super tribunal that your Government is in the process of constructing provides that the president be a Supreme Court judge. The recent advertisement that was placed seeking people to express interest in appointment as president made no mention of the position being a judicial appointment. Does that mean you are only looking at existing judicial officers for that post? Mr GREG SMITH: No. Those people who would be the most attractive candidates would be those who had the background to be eligible for appointment as a Supreme Court judge, but I am certainly open to Supreme Court judges and retired Supreme Court judges, but the application does not require them to be. The Hon. ADAM SEARLE: Understood. Why was there no mention of that in the advertisement? That being the case, it is somewhat misleading. Mr GREG SMITH: I do not think it was misleading. I think we are seeking a high-quality applicant. The Hon. ADAM SEARLE: That goes without saying, Mr Attorney General. Mr GREG SMITH: The ad made that pretty clear. The Hon. ADAM SEARLE: As I said, that goes without saying. You are happy to take that on notice? Mr GREG SMITH: Yes. ANSWER Although current Supreme Court Judges are eligible to apply for appointment as President of the NSW Civil and Administrative Tribunal (NCAT), other qualified people are also invited to apply. If the successful candidate is not already a Supreme Court Judge, they will receive a commission as a Supreme Court Judge at the same time they are appointed as President of NCAT. While the job advertisement does not refer to the President being a Supreme Court Judge, the selection criteria requires that the successful applicant be an Australian lawyer of at least seven years standing. This is the criteria for appointment as a Supreme Court Judge under section 26 of the Supreme Court Act 1970.

Page 7 of 29

The Hon. ADAM SEARLE: The President of the local Law Society, when speaking on the radio a week or two ago, indicated that there were vacancies in the courtrooms of the District Court in Parramatta. Do you have different information to that? Mr GREG SMITH: No, I do not have that information. The Hon. ADAM SEARLE: Will you take that on notice? ANSWER I am advised that the use of courtrooms in the District Court depends on factors such as the volume of work and refurbishment projects. Currently, the eight District Court rooms at Parramatta are utilised on a full time basis. The only reason that one of these courts would be vacant would be due to the illness of a Judge or where a Judge is delayed at another location.

Page 8 of 29

The Hon. ADAM SEARLE: I refer you to the list of closed anti-discrimination complaints appearing in Budget Paper No. 3, page 2-11. Do they relate to matters in the tribunal? What is encompassed in those complaints? Mr THOMAS: My understanding is that it is all complaints that have been finalised—so in the tribunal or finalised in another way. The Hon. ADAM SEARLE: Last year there were 1,396 and in the year just gone it is anticipated that only 884 will be finalised. Is that because there were fewer complaints filed or is it that the level of resourcing is such that fewer fines can be finalised? Mr THOMAS: That figure is the early prediction of the Anti-Discrimination Board. My understanding is that the figure at the close of the year was closer to 1,100 matters finalised. The Hon. ADAM SEARLE: Can you take that on notice and come back to us with the precise figures? Mr THOMAS: Certainly can. The Hon. ADAM SEARLE: And that would be reflective of your prediction for the following year, is that correct? Mr THOMAS: That is right. ANSWER I refer to my earlier answer. Preliminary data indicates that around 1046 complaints were finalised last financial year. The precise figures will be published in the Anti-Discrimination Board’s 2012/2013 Annual Report.

Page 9 of 29

The Hon. ADAM SEARLE: The Armidale courthouse was supposed to be operational by early this year but was caught up in the National Buildplan liquidation situation. I believe that the Department of Finance and Services has taken over the project and construction was supposed to resume in late July. Can you tell us whether construction has commenced and when the new courthouse will be operational? Mr GREG SMITH: Work has recommenced. A construction contract was awarded to a local building firm in December 2011, and construction commenced in January 2012. The head contractor entered into voluntary liquidation in April 2013 and all work at the courthouse was stopped. The project has less than 10 per cent of its total scope left to be completed. New South Wales Public Works was appointed to take over as head contractor, and work recommenced on 24 July. The expected completion date for all works is late November or early December. A total of $6.9 million has been allocated for the completion of the new courthouse. The Hon. ADAM SEARLE: Can you tell us why it took so long for the Department of Finance and Services to get involved given that where there were other difficulties with the National Buildplan Group they acted a lot sooner than they did in Armidale? Mr GREG SMITH: No, I do not. We will have to take that question on notice. ANSWER On 15 April 2013, the Department of Attorney General and Justice (DAGJ) received formal advice from the voluntary administrator that they were unable to complete their financial and contractual obligations under the existing contract and intended to hand back the site and were taking no further responsibility for the project. DAGJ then contacted the Department of Finance and Services (DFS) and formally requested specialist assistance to manage the process in parallel with the seven DFS contracts also affected by the failure of the builder. However, DAGJ was not able to engage DFS to act on the Department’s behalf until formal notification was received from the administrator advising that they could not complete their contractual obligations at Armidale Courthouse.

Page 10 of 29

The Hon. ADAM SEARLE: Sure, but none of that explains why the development is now on a significantly lower scale than what was originally proposed. Is it the case that the original estimate was just wrong or has the Government now diverted those resources to other priorities, such as, for example, the North West Rail Link or other perceived higher priority political issues? Mr THOMAS: My understanding is that there were some challenges with the original planning, but we can take that on notice and get you a full response. The Hon. ADAM SEARLE: "Challenges" is an interesting word to use. Please identify what those challenges may be. I will be very interested to read of those. ANSWER The original proposed design of the courthouse was changed due to the requirements of the local council to ensure that the heritage value and town streetscape were not eroded by the approval of an unsympathetic design. The revised design was then communicated to local stakeholders including the local Law Society. This consultation process identified that the revised design did not meet the operational needs of court users and further development works were required. A new design that provided increased services within the courthouse was developed and it was this new design that was endorsed by the Department and local stakeholders.

Page 11 of 29

The Hon. ADAM SEARLE: Minister, as Attorney General your position is often regarded as being the leader of the bar in New South Wales. There is a controversy at the moment about whether barristers should be allowed to incorporate, and the leadership of the NSW Bar Association has indicated that it is very concerned about the ethical dimensions associated with such a proposal. What is your personal view on whether the bar should be allowed to incorporate? Mr GREG SMITH: I must say that I have not given it a great deal of thought. The Hon. ADAM SEARLE: I am happy for you to take that on notice. Mr DAVID SHOEBRIDGE: You are not going to give Mr Hyde your proxy, are you? The Hon. ADAM SEARLE: I acknowledge that interjection so we get it on the record. I am happy for you to take that on notice as well. ANSWER There are a number of unresolved issues with the motion in its current form and I do not support it. I have indicated this view to the NSW Bar Association.

Page 12 of 29

Mr DAVID SHOEBRIDGE: Are you considering reviewing that principle so that someone who, on one view, has had the benefit of escaping conviction for a couple of decades for a child sexual offence then also gets the further benefit of having a lesser penalty if they are convicted now? Are you considering reviewing that? Mr GREG SMITH: It is something I will take on notice. ANSWER I do not propose to introduce retrospective legislation in relation to sentencing offenders for historic child sex offences. People sentenced for any historic offences are sentenced by reference to the maximum penalty applicable at the time of the offence and any discernible sentencing patterns for that offence at that time (Magnuson v R [2013] NSWCCA 50 at [84] and [85]).

Page 13 of 29

Mr DAVID SHOEBRIDGE: In response to a request to your office and department for the submissions that were presented to your exposure bill on the removal of the right to silence the department refused to provide copies of the police submission. Do you know why that was? Mr GREG SMITH: No, I do not. Mr DAVID SHOEBRIDGE: Will you take that on notice? Mr THOMAS: We will take that on notice. Mr DAVID SHOEBRIDGE: It was not just because the contents were embarrassing for the Government? Mr THOMAS: I do not know the reason. I will take that on notice. ANSWER The NSW Police Force’s submission was provided to the Government in confidence. A balancing test was conducted and the NSW Police Force’s submission was withheld on the basis that disclosure of the information could reasonably be expected to: • prejudice the supply to an agency of confidential information that facilitates the

effective exercise of that agency's functions, and • found an action against an agency for breach of confidence or otherwise result in

the disclosure of information provided to an agency in confidence. The decision is based on the criteria set out in section 14, Table 1(d) and (g) of the Government Information (Public Access) Act 2009. The full reasons for non-disclosure were set out in paragraph 3.3 of the Notice of Decision dated 19 June 2013. Information concerning the rights of review were also outlined in the Notice of Decision.

Page 14 of 29

Mr DAVID SHOEBRIDGE: Since the changes to increase police powers for move-on orders, has there been any monitoring of the impact of those laws by your department? Mr THOMAS: Sorry, can you repeat that? Mr DAVID SHOEBRIDGE: What monitoring have you undertaken of the impact of the increased move-on powers that were granted to police? Mr THOMAS: I will have to take that question on notice. Mr DAVID SHOEBRIDGE: In particular, could you advise whether there has been any monitoring or assessment of the number of move-on orders that are given to vulnerable groups such as Aboriginal people and homeless people, and the prosecutions and convictions for those groups? Mr THOMAS: Yes. ANSWER Section 36 of the Summary Offences Act 1988 requires the NSW Ombudsman to prepare a report on the operation of the offence of continuing intoxicated and disorderly behaviour following a move on direction under section 9 of that Act. The report is to be completed after section 9 has been in operation for twelve months. I am aware that the Ombudsman is currently completing his report and I anticipate that it will be provided to myself and the Commissioner for Police by the end of the year. The NSW Bureau of Crime Statistics and Research (BOCSAR) has provided some information regarding prosecutions and convictions of Aboriginal people for this offence and for the offence of refusing/failing to comply with a move on direction under section 199(1) of the Law Enforcement (Powers and Responsibilities) Act 2002. According to the BOCSAR data, between October 2011 and March 2013 in the NSW Criminal Courts: • 128 of the 145 charges finalised under section 9(1) of the Summary Offences

Act 1988 regarding continued intoxicated and disorderly behaviour after a move on direction were proven. Thirty three of these proven charges involved an Aboriginal defendant.

• 582 of the 693 charges under section 199(1) Law Enforcement (Powers and Responsibilities) Act 2002 regarding refuse/fail to comply with directions under Part 14 of this Act were proven, 168 of these proven charges involved an Aboriginal defendant.

However, BOCSAR does not hold statistics for the homeless people category.

Page 15 of 29

Mr DAVID SHOEBRIDGE: Thank you. Other States have laws that prevent employment discrimination, with some exceptions, for persons who have a criminal record. Those laws allow anyone who has been convicted and done their time more access to the employment market in order to get on, have a normal life and avoid re-offending. Is the New South Wales Government looking at those other State jurisdictions and considering amending our laws in that regard? Mr GREG SMITH: I am not conscious of that. We will take that on notice. ANSWER The NSW Government is not considering amending the Anti-Discrimination Act 1977 (NSW) to introduce a prohibition on discrimination on the ground of criminal record.

Page 16 of 29

The Hon. SHAOQUETT MOSELMANE: How many former CCMG employees now continue supervision of work as Community Corrections Officers?

Mr SEVERIN: I would have to take that question on notice regarding the

total number of staff still with the agency—obviously, the ones that remained after the 65 voluntary redundancies were taken up.

Answer: I am advised: Following the merger of the Community Compliance and Monitoring Group with Community Offender Services, 79 former CCMG staff continue supervision of offenders as community corrections officers or unit leaders. The number of Full-Time Equivalent (FTE) positions involved in the direct supervision of offenders on community-based orders prior to the merger of the CCMG with COS was 766.3 positions. The number of FTE positions responsible for the direct supervision of offenders subsequent to merger was 674.3 positions. The difference therefore is 92 FTE positions.

Page 17 of 29

The Hon. SHAOQUETT MOSELMANE: Attorney, how many unannounced home visits have been carried out by CCOs since the CCMG was abolished?

Mr GREG SMITH: I do not know that. I will have to take that on notice.

Answer: I am advised: The last CCMG office was closed on 31 May 2013. Please refer to my response provided for supplementary question (Justice) 23 for the number of home visits conducted since CCMG was abolished.

Page 18 of 29

Mr GREG SMITH: I am informed, so far as sex offender programs in prison are concerned, that participation across all programs has increased by 12 per cent in 2012-13.

The Hon. AMANDA FAZIO: What is the current participation rate?

Mr GREG SMITH: I do not know what the current participation rate is. I do not know if theCommissioner does.

The Hon. AMANDA FAZIO: Could you take that on notice?

Mr GREG SMITH: We will.

Answer: I am advised: As at 23 August 2013, the sex offender program in prison participation rate was 57%.

Page 19 of 29

The Hon. AMANDA FAZIO: How many incorrect releases have there been?

Ms RUSIS: I will take the exact number on notice but, from my memory, it was certainly less than four and, in all cases, the young person was returned to custody straightaway. It was because there was an administrative oversight. From memory, I think it is two but it could have been four.

The Hon. AMANDA FAZIO: When you are answering that, could you also tell

us which centres they were inadvertently released from? Since 1 July 2012, how many wrongful detentions and at which juvenile justice centres have these occurred, and for how long were people wrongly detained?

Ms RUSIS: I will take that on notice.

Answer: From 1 July 2012 until 14 August 2013 there were two incorrect releases from Juniperina Juvenile Justice Centre. From 1 July 2012 until 14 August 2013 there was one wrongful detention at Cobham Juvenile Justice Centre which lasted for 27 hours.

Page 20 of 29

The Hon. AMANDA FAZIO: Since 1 July 2012, how many new staff have been employed by juvenile justice centres?

Ms RUSIS: You mean new positions created or new staff coming into existing positions?

The Hon. AMANDA FAZIO: New staff coming in.

Ms RUSIS: I would have to take that on notice.

Answer: In the 2012/2013 financial year, 109 new staff were employed by juvenile justice centres, excluding casual employees and Youth Justice Conference Convenors.

Page 21 of 29

The Hon. AMANDA FAZIO: Since 1 July 2012, how many times and for how long and at which centre have detainees been segregated or separated?

Ms RUSIS: Segregation numbers are reported directly to the Ombudsman, but

I will take that on notice to give you the exact number. Segregation is now captured electronically, and when an instance occurs we report it daily to the Ombudsman, but we can retrieve that.

Answer: Number of Separations by Time Range and Juvenile Justice Centres for 2012-13

Time Range in hh:mm

JJC Name 0:00 - 2:59

3:00 - 5:59

6:00 - 8:59

9:00 - 11:59

12:00 - 23:59

24:00 - 71:59

72:00 - 143:59 144+

Acmena 6 0 1 0 2 4 5 1 Baxter 132 123 95 59 139 24 9 3 Broken Hill Shelter 6 1 0 0 0 0 0 0 Cobham 45 9 2 0 3 8 14 2 Emu Plains 19 5 0 0 0 0 0 0 Juniperina 27 0 1 1 0 0 0 0 Orana 112 41 10 75 55 0 0 1 Reiby 17 5 4 0 1 0 1 1 Riverina 107 27 16 23 75 40 7 7 Source: DAGJ/JJ RPELive Database. Extracted 30 Aug 13. As this is taken from a live database, figures are subject to change. & JJ Region Offices

Between 01/07/2012 & 30/06/2013 Juvenile Justice detainees were segregated as follows

Centre Amount of time segregated (hh:mm) Total instances

0:00 - 0:59

1:00 - 1:59

2:00 - 2:59

3:00 - 3:59

4:00 - 4:59

5:00 - 5:59

6:00 - 11:59

12:00 - 23:59

24+

Acmena 29 27 25 2 3 2 2 0 0 66

detainees segregated on 90 occasions

Cobham 161 312 157 24 16 11 14 5 25 371 detainees segregated on 725 occasions

Page 22 of 29

Emu Plains

90 148 82 7 2 1 0 0 14 188 detainees segregated on 344 occasions

Frank Baxter

74 48 24 10 2 5 8 23 16 157 detainees segregated on 210 occasions

Juniperina 183 301 34 11 2 2 0 71 33 174 detainees segregated on 637 occasions

Orana 730 218 60 24 10 3 0 16 17 191 detainees segregated on 1078 occasions

Reiby 168 208 70 180 49 8 136 2 0 252 detainees segregated on 821 occasions

Riverina 29 37 15 5 1 0 0 10 10 86 detainees segregated on 107 occasions

Page 23 of 29

The Hon. AMANDA FAZIO: Since 1 July 2012, how many instances have there been of the discovery of contraband at juvenile justice centres, and can you tell us the nature of the contraband and the centres where it was found?

Ms RUSIS: I should take that on notice. What I would like to qualify about

contraband is that we have a very broad definition of what contraband is, particularly being a juvenile centre. We would consider a magazine contraband, and obviously people normally think of contraband as drugs or mobile phones. However, we spend a lot of time and energy eliminating contraband entry, but I will take the exact figures on notice.

Answer: From 1 July 2012 until 14 August 2013 there were 33 instances when contraband was discovered at Frank Baxter, Cobham, Emu Plains, Orana and Reiby Juvenile Justice Centres. Contraband included items such as unacceptable literature, gaffa tape, screws and a small rock.

Page 24 of 29

The Hon. AMANDA FAZIO: What is the current level of aboriginal employment with juvenile justice in detention and the community sector? Ms RUSIS: As you would be aware, the Government goal or standard is approximately 2.6 per cent. It is a floating number—it is varied between 6.6 per cent up to 9 per cent depending on the number of staff that identify, and also our record collection. We have always been over the Government goal. We actually have made concerted efforts to not only attract Aboriginal staff but also to retain them. We have always had a high proportional figure.

The Hon. AMANDA FAZIO: Will you take on notice how those figures have changed in the past 12 months and what programs you have introduced to alter the level of Aboriginal employment within Juvenile Justice in the last 12 months? Ms RUSIS: I do not need to take on notice what we have done to attract and retain staff. We have a very clear recruitment strategy on how to attract and retain staff. Last year we commenced an Aboriginal mentoring program for our staff where the Aboriginal staff who elect and are suitable for the program are mentored by very senior staff—I am talking about regional director levels in some cases—and the mentoring has proved to be very beneficial for the staff. They are also actively encouraged to apply for promotional positions and to identify new barriers to that. We also have a series of identified positions, not just at base grade entry but managerial positions too, which are identified for ATSIS staff. We also just recently renewed placement of selected staff to Tranbie College—Aboriginal staff only—to further expand their potential and to remain with our department as a career. I am very confident about our strategies. I will take on board the first part of your question—the numerical question about how many Aboriginal staff.

The Hon. AMANDA FAZIO: Yes, how the levels of Aboriginal employment

have changed over the past 12 months.

Ms RUSIS: I will take that one on notice. The second part I think I have answered, as to what we do with Aboriginal staff.

Answer: In the last financial year there was an overall increase of 12 Aboriginal staff in juvenile justice centres and the community sector.

Page 25 of 29

The Hon. AMANDA FAZIO: How many sexual assaults have occurred within juvenile justice centres since 1 July 2012, and at which centres did these assaults occur? Ms RUSIS: There were four. The centres I am not aware of off the top of my head, but there were four. Answer: From 1 July 2012 until 14 August 2013 there was a total of four sexual assaults which occurred at Acmena, Frank Baxter, Orana and Riverina Juvenile Justice Centres.

Page 26 of 29

The Hon. ADAM SEARLE: Corrective Services NSW has a fleet of 956 vehicles. Were any of them unregistered during October last year or at any other time during the year?

Mr GREG SMITH: I do not know. Mr Severin will answer that.

Mr SEVERIN: I am aware of once instance where, due to a technical issue,

one of the escort vehicles was unregistered for a short period of time after it came out of a service. The registration was part of that service but the service provider did not register that car, and it was reported in the media. I am not aware of any other instance where a vehicle that we run was not lawfully registered. We have actually reduced our fleet as a result of the efficiency strategies that we have employed by about 125 vehicles last financial year. So we are looking at quite a substantial reduction there as well.

The Hon. ADAM SEARLE: To be clear, as far as you are aware only one vehicle was unregistered?

Mr SEVERIN: As far as I am aware it was the only occasion that was brought to my attention.

The Hon. ADAM SEARLE: For how long was it unregistered?

Mr SEVERIN: Again I would have to take the exact detail on notice—

The Hon. ADAM SEARLE: Please do.

Mr SEVERIN: —but it was not any longer than a couple of days. It was literally

as a result of the repairer or the service provider not registering it, which we were not aware of until the vehicle was stopped by police.

Answer: Please refer to my response provided for supplementary question (Justice) 45.

Page 27 of 29

Mr DAVID SHOEBRIDGE: You are not suggesting that to have an

incarceration rate of 50 to 51 per cent among a population that makes up 2.5 to 3 per cent of the juvenile population is anything like working, are you?

Ms RUSIS: I do not think anybody would accept that 50 per cent is a good

ratio. What I am saying is that we and all areas of the Government are working together to try to reduce this. There has to be a linkage with education and early interventions.

Mr THOMAS: The figures as they stand at the moment are the lowest they

have been for some time. In my experience in the justice system I have not seen the juvenile detention rates being this low and sustaining this low for a little while.

Mr DAVID SHOEBRIDGE: Could you take it on notice to provide us with the

actual rates over the past three to four years? As I understand it, they have been stubbornly stuck between 48 and 51 per cent.

Ms RUSIS: The proportional rate. That is right.

Answer:

Percentage of Aboriginal and Torres Strait Islander Young People Admitted to Juvenile Justice

22.3 21.624.0 24.4

27.0

38.640.1

41.540.2

42.4

49.9 49.851.7

48.850.0

36.438.8 38.5

42.1 43.0

0

10

20

30

40

50

60

2008-09 2009-10 2010-11 2011-12 2012-13

Perc

ent

Attending a Youth Justice Conference Under Community Supervision Sentenced to Detention Remanded in Custody

Source: DAGJ/JJ Strategic Information System (SIS). Effective date 13 July 2013

Page 28 of 29

Mr DAVID SHOEBRIDGE: What proportion of the juveniles who are

currently being detained are being held on remand?

Mr GREG SMITH: I think it is about half.

Ms RUSIS: It is 50 per cent. When you look at our population you find that 50 per cent are Aboriginal. Within that is remand and custodial. I can give you the exact figures, but they are roughly about 50 per cent on remand.

Mr DAVID SHOEBRIDGE: If you would give me the exact figures on notice I

would appreciate it. Is it still the case that 80 per cent of those juveniles being held on remand are either acquitted or given a non- custodial sentence at trial?

Ms RUSIS: Yes.

Mr DAVID SHOEBRIDGE: Could you give me the exact figures on that?

Ms RUSIS: It is 82.8 per cent, which is a drop from 84 from the year before.

Answer: On 14 August 2013, 49 per cent of juveniles detained were being held on remand.

Page 29 of 29

Mr DAVID SHOEBRIDGE: Can you give me the number of supported beds

that have been provided through those schemes in the last financial year and the predicted number in the coming financial year?

Ms RUSIS: Yes, I can.

Mr DAVID SHOEBRIDGE: I am happy for that to be answered on notice.

Ms RUSIS: Okay. I have got that. I can pass that up.

Answer: The Bail Assistance Line provided accommodation for 34 young people during the last financial year. The program had 6 beds available through this program, by way of a four-bedroom house in Fairfield and 2 foster carers in the Hunter/Newcastle region. In total, 605 nights’ accommodation was provided through the Bail Assistance Line during this period. In 2012/2013 the Community Funding Program provided funding to services for 15 crisis and longer term accommodation beds and funded long term accommodation case management support for up to 45 young people across the state. The National Partnership Agreement on Homelessness (Homelessness Action Plan) services reported the following results for 2012/2013:

1. Switch Consortium (North Coast) received a total of 61 referrals. From the referrals 54 young people were accommodated in a range of accommodation options and provided with support to maintain their placement.

2. Mission Australia Riverina Murray supported a total of 41 young people, 24 of whom were accommodated with Housing NSW or Community Housing, two are on the waiting list for housing and three under 16 year olds were assisted with family restoration.

3. Catholiccare HAP Alive supported a total of 11 young people, nine of whom were accommodated with Housing NSW or Community Housing and one transitioned to private rental accommodation.

In 2013/2014 the Joint Support Program is funding eight crisis accommodation beds in various locations across the state. Long Term Accommodation Support is also funded through the Joint Support Program and the National Partnership Agreement on Homelessness (Homelessness Action Plan). The primary function of these programs is to provide long term casework support to young people to assist them with finding and maintaining long term accommodation placements. In 2013/2014, services are funded for long term casework support to a minimum of 42 young people in various locations across the state. Additionally, there are four beds available in the Sydney metropolitan area for crisis accommodation.