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Mr DEAN (Windermere ) - I will attempt to get through this and see
how I go. Interestingly, Mr President, the surgeon said to me, 'To be
assured of dental treatment today you need to go to jail because in
jail you have dentists and you don't have to wait, there is no waiting
list and that is the best way to go for dental treatment'.
Ms Thorp - Well, it can be arranged.
Members laughing.
Mr DEAN - It is a very sad situation that that is the case.
Mr Parkinson - What did he do to you after that?
Mr DEAN - He removed my tooth and removed the acute abscess that was
forming under it.
Ms Thorp - The Howard Government brought in a dental scheme in 1996
and it has caused quite a few problems.
Mr Aird - Do you know the constitutional responsibility for dental health
is the Commonwealth and when they got into government the first thing
they knocked off was support for dental care? That is fact. The States
have been picking it up ever since.
Mr DEAN - I think I should get on to Ashley, Mr President.
Mr PRESIDENT - Yes, I was just going to make the same suggestion.
Mr DEAN - Mr President, I commend the member for Rowallan for bringing
this matter forward. When he first raised and discussed it I was very
much behind it because there is such a long history to Ashley. If you
look at the number of absconders from Ashley over a period of a few
years it is a huge number and it does not do these youths any good to
know that they can get out. It does not help with their rehabilitation
at all and that is the sad situation. Instead what it does, in my opinion
- and I will talk a little further about it in a moment - is really
make criminals of youths who had a chance by allowing them to leave
Ashley so easily. That is what is happening.
Mr Parkinson - The fence is only a recent construction. For a long,
long time there was no fence.
Mr DEAN - Yes, but the fence is not the be-all and end-all of it. You
have to have security. There has to be adequate personnel and other
security plus video surveillance perhaps. There have to be other things
to support a fence.
Mr Parkinson - So it has to be made more like a jail?
Mr DEAN - No, not at all. I would have thought that some strategically
placed video cameras would hardly be seen by anybody and would provide
a whole deal more security of those premises and probably more staff.
Mr Parkinson - They could be filmed smiling as they left waving.
Mr DEAN - This motion in fact deserves to receive unanimous endorsement
and the proposed select committee should, in my view, begin its work
as soon as is possible. I believe it is long overdue. There is a degree
of anguish in the history of the Ashley Youth Detention Centre, and
I have mentioned that. Unfortunately Ashley neither seems to adequately
perform the function for which it exists nor provide the people who
work there with a satisfactory work environment - and they will tell
you that, but they have to be very careful when they tell you that because
if they do speak out of turn then that does not help them either. These
employees are in a fairly difficult position.
The place has a regrettable reputation. There have been numerous reviews
of its operation but the fact remains that Ashley is regarded as a source
of constant apprehension by the residents of the district who, like
the police and I dare say the staff, are fed up with the ructions when
inmates abscond. There has been review on review on review of Ashley.
I do not know the number, but I would like to know, if you go into the
history of Ashley, how many reviews there have been and what has happened,
what recommendations have been put into place. When you look at it,
not a lot has changed. I know it is not a prison, I accept that, but
it should not be made easy for them to leave either. What effect do
those absconding have upon the rest of the inmates, from children as
young as 12 ranging in age up to young adults in their nineteenth year?
What it does is offer a challenge to the other youths to leave Ashley.
What psychological effect does it have when the alarms are triggered
and the authorities institute investigations into the latest breach
of security? It confirms to them that it is a 'them-and-us' society.
Mr Parkinson - Maybe the establishment should be removed to Trial Harbour.
Mr DEAN - No, that is not what I am suggesting at all. Mr President,
with the greatest respect to the Leader, the Leader is being quite silly
about this. This is a home that is there for the purpose of rehabilitating
young offenders. That is what it is about, so to suggest they should
go to Trial Harbour and these other places, to be quite frank is quite
ridiculous and not what it is about.
It confirms to them, as I said, that it is a 'them-and-us' society,
that they are a part of the 'them', a subculture, if you like, that
has its own rules and prizes and steps up the ladder. Talk to them and
they will tell you that. Talk to the youth in Ashley. This ladder does
lead somewhere; it has led many former inmates of Ashley into serious
criminal behaviour and ultimately into Risdon. That is the ladder up
for them, and it is sad.
Mr Parkinson - But the sad reality is you're not going to stop that.
Mr DEAN - It is an indictment, in my opinion, on us, on society and
very clearly on the Government.
Mr Parkinson - It's not an indictment on the Government. You can't blame
the Government for all society's ills.
Mr DEAN - Those who abscond from Ashley expect to be quickly caught.
There are no Cool Hand Lukes. They do expect to get caught fairly quickly,
if you talk to them. If you talk to them when you catch them, they expect
to be out on the run for a few days, get caught, go back in. The challenge
is to escape again and the same thing happens again. They do not expect
to be out for long periods. Instead the act of escaping is a rite of
passage for these young people, who often have low self-regard and usually
little inner hope of making a life for themselves in mainstream society
but, like all young human beings, they love to have a challenge and
a sense of accomplishment that comes from rising to a challenge.
Mr Finch - And self-esteem.
Mr DEAN - Yes.
Mr Parkinson - Have you read the Corrective Services committee's report,
which was a report of this Chamber?
Mr DEAN - I have, but I do not necessarily accept all of it and I do
not accept a lot of the comment in it.
Mr Parkinson - It looked at youth detention.
Mr DEAN - As perverted as the idea sounds, Mr President, escaping is
a kind of game and the merit of going on the run becomes a badge of
honour when at last the inevitable happens and the absconders are caught
and returned to custody. It is a game to them. If you do not accept
that, once again I would suggest that you talk to these youths. They
will tell you, they are fairly up-front; there is not a lot that they
do hide. I know something of these young people. My observations of
the young Tasmanians who have fallen through the cracks and finished
up in Ashley is that no matter how good the intentions of government
have been - and I mean successive governments, I do not necessarily
just mean the current Government - my observation is that as troublesome
as they are, society has failed them.
Ms Thorp - It's failed them a long time before they got to Ashley.
Mr DEAN - Well, yes, I am not saying we have not failed them before
they get into Ashley, but I am saying that we are also failing them
at Ashley as well.
Ms Thorp - Because they escape?
Mr DEAN - In my former career as a police officer - and this was not
so many years ago - I served at Ashley, in fact I was a commander of
police placed in charge of Ashley when the police took it over, Mr President,
and that was about -
Mr Parkinson - So you would know that the police haven't all that great
a record in dealing with youth.
Mr DEAN - In about 2001, Tasmania Police were placed in charge of Ashley,
and I was a commander of police who had that responsibility -
Ms Thorp - Did any escape then?
Mr DEAN - following multiple absconders from the complex, and some anarchy
within the complex.
Mr Parkinson - So it has got better, then?
Mr DEAN - It did after the police went in.
Mr Parkinson - I can imagine the methods they used.
Mr DEAN - We were confronted by young people with low aspirations and
poor self-esteem, and many of them, if not most of them, came from underprivileged
backgrounds and broken homes.
Ms Thorp - Well, you've just said it all, haven't you.
Mr DEAN - As you would expect, their personal histories of conflict
against authority often began as delinquents in school.
Ms Thorp - So how do you build trust and respect in relationships in
a situation where you're constantly incarcerating people? The reason
these kids are able to abscond is that there are elements of trust involved
there, and they blow it and they have to try again.
Mr DEAN - It was interesting that when the police were there, the police
had a very good relationship with the youth held in Ashley -
Ms Thorp - I'm sure the people who work there now have good relationships
too.
Mr DEAN - and the police got on very well with them, and the police
were able to relate to them. I believe that from the police involvement
in Ashley at that time some things did change.
Ms Thorp - Are you advocating that the police take it back over?
Mr DEAN - No, I am not saying that at all. I have never said that; it
is not a place for police.
Mr Parkinson - Don't forget that of the total -
Mr DEAN - It is not a place for police, but it was a place for police
at that time because it was out of control, and that is when the decision
was made by the Government to bring in the police.
Mr Parkinson - But of the total youth in there, there aren't very many
who are problem kids.
Mr DEAN - No, and I am going to talk about that in a moment because
I believe that the mix of 17 and 18 year olds, and even those coming
into their nineteenth year, is not right for the place. It ought not
be mixed; it is a recipe for danger.
Mr Parkinson - Well, it can be, depending on the individual.
Mr DEAN - There is a lot of evidence to show that it is.
Mr Parkinson - But not in every case.
Mr DEAN - Not in every case -
Mr Parkinson - Case by case.
Mr DEAN - there are those in their nineteenth year, some in their eighteenth
and seventeenth years who will make it, who will be good people in the
community. So not everybody, you are right. That is my next comment,
that not every inmate wants to escape from Ashley. I am going to relate
a true story . This is the background of a 14-year-old boy who, in actual
fact, escaped into Ashley, Mr President. This boy was on the street
and he deliberately smashed a window in the presence of police officers,
and he was of course detained. I spoke to that young boy the next morning
when he was in the police cells where he was held. This is his story.
He had been an inmate at Ashley and he had come out of the detention
centre when his time was up. He learned quickly that the State expected
him to make it on his own when he came out of Ashley. There was no support
for him, no follow-up from welfare or child protection officers. He
was expected to return to his parents' home and that is what he did.
It was a familiar place. There was a drunken party in progress - this
was the story he was relating to me - and there was no food in the house.
He asked his parents for money to buy something to eat, but they refused
him and told him to go back out onto the streets to get whatever he
could.
When he came back, they had hocked the television. The television, which
he had wanted to watch, was not there. He had to sleep in the same bed
as a drunken person. That is when he made a life-changing decision.
He remembered that at Ashley he was fed, he had a bed and his own room
and there was television to watch. There were people a few years older
than him who were willing to teach him the skills and art of criminal
behaviour, to induct him, if you like, into the kind of life that this
poor boy believed was the only destiny for him on this earth.
At the time, Mr President, I was emotional and it really brought tears
to my eyes, and I made the comment to my wife later that night, 'You
would like to have grabbed him and taken him home because you could
have turned him around'. It was a sad, sad story. Where he is now, I
do not know, but I can certainly follow up and I will do that just to
see where he is because this was about four years ago. That is what
led him to walk the streets until he spotted a policeman and so he calmly,
in front of the police officer, broke the window.
Is there a nexus between the records of the State Government's child
protection system and those from the Ashley Youth Detention Centre?
It is an area worth investigating because the longer-term solution for
Ashley might well be a positive effort to beef up the child protection
system which the former commissioner, Mr David Fanning, has declared
as essential.
Ms Ritchie - You are talking about a link with child abuse, not just
the Government's child protection service. You are talking about links
with child abuse in general, aren't you?
Mr DEAN - I am talking generally.
Ms Ritchie - Then I think anyone would accept that, while you can always
improve it and should strive to, no government or country in the world
could manage to fully stop all forms of child abuse.
Mr DEAN - Good comment.
Ms Ritchie - I accept what you say about the links between child abuse
and the future behaviour of children, but I do not think it is something
that any government could ever stop, with abuse happening behind closed
doors in homes, though it does not mean you should not continue to try.
Mr DEAN - You are right, I do not disagree with that comment. The purpose
for which Ashley exists, Mr President, is to save young people who have
slipped into delinquent and criminal ways and to help them to mend their
lives so that they can come out and become constructive members of society.
In fact there are many very successful stories where this has happened,
where they have come out of Ashley, because they have now been given
more support - as I understand it, some financial support - and they
are going into places like the North West Youth Shelter at Launceston,
for instance, where they are being provided with seasonal work, transported
to work and from work and really being taught some very good things
about life, how to exist and what to do. That is one of the critical
issues with youth at Ashley, that they have to be supported when they
come out. There is no way known that they can be let out of Ashley and
then left to make it on their own because, invariably, it does not happen
that way.
The accomplishment of Ashley is of a vastly different degree. It is
a constant source of apprehension and occasional chaos for residents
in the district, and during escapes it places extra demands on our police
service with consequent time and dollar costs that could be avoided.
It is interesting, is it not, that the minister on the weekend, and
I will refer to it in a moment, made the comment, 'Why waste Parliament's
time with this motion?' For goodness' sake, does she not worry about
the wasted time of the police? Does she not worry about the concern
and the dangers that a lot of these youths place innocent citizens and
innocent families in when they are on the run?
Ms Thorp - But you are assuming a select committee is going to fix it.
Mr DEAN - Does she not worry about that? I would have thought that the
minister ought to want the problem fixed and that there would have been
some support from the Government for the select committee inquiry. I
think this select committee inquiry, Mr President, will be able to investigate
this in some depth and bring out a lot of the information and issues
that have remained in the background, probably because people have not
wanted to bring them out. A select committee inquiry, if it is supported,
and I would hope that it is, will have the opportunity to do exactly
that.
Mr Parkinson - We have a huge duplication of efforts.
Mr DEAN - I was going to go on to say that, above all, Ashley is an
absolute failure in its core business. It does transform its inmates.
It educates and trains them. As the young teenage boy said, 'The older
ones teach the young. They teach them all the tricks of the criminal
trade'.
We have to go back to the drawing board on this one, Mr President. The
Government does not have the answer and, accordingly, I will be supporting
the motion. As I said, there has been review after review after review.
Not a lot has changed and we still have tremendous and immense problems
there. The unfortunate thing about it is that with these games that
they want to play, and it has been said in the press recently by the
police, it is only a matter of time before somebody is killed as a result
of somebody absconding from Ashley and playing this very dangerous game.
It is only a matter of time and I think commonsense would tell us all
that. We saw where the escapees four or five weeks ago stole a car,
and crashed into a police vehicle. They have no fear even when they
are on the run. It is such a sad and tragic situation.
Of course the Government will not support this motion for the select
committee because to do so, I would suggest, would be to demonstrate
that perhaps what they have done has been inadequate. In the time I
have been here, I do not know of one select committee inquiry that they
have supported.
Mr Parkinson - Another review will not fix these problems.
Mr DEAN - You are right, another review will not. I am glad you said
that, Mr Leader, because a review will not. But I believe a select committee
inquiry with the power and authority that it has, has every chance of
making some very important changes in this system.
Mr Parkinson - That's just another review.
Ms Thorp - We need action.
Mr DEAN - This is not the type of review that has been previously done.
This is a review that has a lot more legs and a lot more strength and
I believe will get to the bottom of a lot of the issues and the concerns
that currently are there.
Mr Parkinson - I'm glad Hansard is recording these comments because
we will come back to them one day.
Ms Thorp - You will be able to point to the huge change.
Mr DEAN - I would hope so because I have every -
Mr Parkinson - I hope I am here when we do.
Mr DEAN - I believe that if the select committee of inquiry is supported,
there will be some recommendations that I hope would be taken on board.
I am looking down the line, I know.
Ms Thorp - It's already been done.
Mr DEAN - Mr President, in my opinion 17 and 18 year olds or those going
into their nineteenth year ought not be at Ashley and I believe it is
a dangerous mix to have youth of that age in the minority. As the Leader
has indicated, not all 17 and 18 year olds are going to go down the
track of becoming criminals and living that life. There are some who
will turn around and become good citizens. But it is a bad mix, in my
opinion.
On the talkback show this morning I heard Tim Cox make the comment,
'But why would you send 17 and 18 year olds to Risdon because that is
the criminal college?'. In other words, you would send them down there
and they would get topped off nicely to become real, fair dinkum criminals.
That is where they are really trained.
I would have thought that in the new facility there, there would have
been, and I was told in fact that there was, a facility or a part of
that new complex to house younger persons to keep them away from the
hardened criminals.
Ms Thorp - So this is where the Ashley people should be, you reckon?
Mr DEAN - No. I am quite amazed at times, Mr President, at some of the
comments that are made across the Floor here. What I am saying is, and
I thought I made it perfectly clear, that there are some 17 and 18 year
olds who should not be at Ashley, they ought to be at Risdon in a place
where they are kept separate from the older prisoners. I believe that
the act needs to be looked at and that is one of the terms of reference,
I think, of the member for Rowallan's motion. I brought along a number
of press clippings and so on but I do not see much point in referring
to them. It is very clear from a lot of these that the public are getting
absolutely fed up with what is happening and the talk-back program this
morning had a number of calls about what is happening.
Mr Parkinson - You are aware that the current legislation already allows
those who are unsuitable to be switched to Risdon?
Mr DEAN - In certain circumstances, yes, but I believe there are other
areas in the act that probably need to be looked at.
The comments are interesting, but they go on and on, and you would have
thought that by now we would have had a reasonably good, secure system
at Ashley. The point I made originally, and I make it again, was that
if youth in Ashley know that they can escape it does not do their rehabilitation
any good. If you have a secure unit where youth going into Ashley know
that they will need to be there for a certain period of time and there
is no chance of escape, that, to me, sets them up to be rehabilitated
in the right way. Rehabilitation is not helped by youth absconding,
running off, committing more crime and coming back in again. So one
of the fundamental requirements, in my opinion, is to have them in an
area where they are not likely to abscond. Now of course they can abscond
any time they want to and that has become very obvious.
Mr Parkinson - Would you like to move that the debate stand adjourned
so that we can have a dinner break?
Mr DEAN - Mr President, I move -
That the debate be adjourned.
Debate adjourned.
Resumed 7.58 p.m.
Mr DEAN (Windermere ) - I had almost finished, Mr President, but during
the dinner break I had time to think of plenty of other things.
Mr Aird - Has the anaesthetic worn off yet or was that just a rumour?
Mr DEAN - I want to say a couple of things in conclusion. In a select
committee, witnesses at least have some protection and witnesses with
some protection are more likely to tell the true facts. Without that
protection, we know very well that some staff, some witnesses are reluctant
to give the true position of a situation. That is another reason, in
my opinion, that we need a select committee inquiry into Ashley. We
have good examples of how whistleblowers are protected in this State.
The unfortunate thing about it is that all these examples are in fact
bad examples and I do not think that anybody would want me to go through
that again. There is absolutely no protection in this State. Even though
we have the legislation to give protection to whistleblowers, it has
not been put in practice at this stage. In this situation, as I said,
with an inquiry such as the one we are now putting forward, there is
some protection offered to these people under this system.
The Police Association is the other thing I wanted to mention. In today's
paper the President of the Police Association spoke of his disgust or
his frustration with the situation at Ashley and he has made it very
clear that the police are getting sick and tired of running around all
over the State apprehending absconders from Ashley. It is normally his
members that are in the firing line; they are the ones who, in many
instances, are placed at danger and therefore they are not happy at
all.
Mr Parkinson - They always make the same comments about Hayes.
Mr DEAN - Hayes is nowhere near as bad as Ashley. The Leader puts that
position up; I would like to look at the number of escapes from Hayes
-
Mr Parkinson - There are no fences at Hayes. The point you are making
is about the police being upset. The police are always upset when they
have to chase an escapee.
Mr DEAN - And compare them with the number of absconders from Ashley
- nowhere near the same numbers. The other thing that concerns the president
of the Police Association, and ought to be of concern to the Government
as well, is that the police are not able to keep up their quotas because
of the time that they are out running around after these absconders
from Ashley.
Mr Parkinson - They can establish another quota.
Mr DEAN - Mr President, I would prefer that the Leader does not make
me laugh but there are no escapes on the quota list. I have been through
the list and I did not see escapes anywhere. I mentioned the fact that
rehabilitation, in my view, is supported and assisted where security
is identified. Where absconders know very well that they are not likely
to be able to escape, they are more likely to settle down and do the
things that they can do.
As an example of this, when the police did have control of Ashley, Mr
President, there was no proven offence there. When the police were there,
with the added numbers of police for security, there were no escapes
from Ashley at all. It was a period of about three months, from memory,
and there was not one escape. The staff indicated during that period
that the absconders were better behaved and more willing to undertake
the duties and the things that they were required to do.
I remember one of the education officers saying to me that there appeared
to be a better attitude towards the education program that was occurring
in Ashley . So, Mr President, there are many reasons there ought to
be better security. We have heard the minister say that they have suddenly
found the money and resources - whatever else is needed - to put on
some extra staff at Ashley. Why did that not occur three weeks ago?
Why did it not occur three months ago? Why did it not occur two, three
years ago when things were happening?
No, we cannot sit back and allow this to go on. The Legislative Council,
in my opinion, is obligated to do something about it. I really do not
know how I would react in a situation where an absconder maims or kills
an innocent person. I would have great difficulty, Mr President, in
standing up and saying, 'I did all I could do as a member of parliament
to prevent such a tragedy'.
The previous review did not resolve these very significant issues. The
recommendations of an inquiry or investigation may mean stricter rules
in the end. However, I believe that, at the end of the whole thing,
it will be for the benefit of those people who unfortunately need to
be detained at Ashley. So I will certainly support the member's motion,
Mr President, and I feel honoured to have been identified as a member
of that select committee.
Motion agreed to.
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