Mr DEAN ( Windermere ) - I rise briefly to raise some issues and to support the bill. I think that it is very important that we continue to divert youths from the processes that result in them being in custody on many occasions where this ought not to be the case. That was a very clear position that arose during our select committee inquiry into the Ashley Youth Detention Centre. It was made clear to us throughout that inquiry that we were not making enough effort in this State to divert youths from that system. Very clearly I will support anything that we can do to change this. We need to support it because it is a known fact, a proven fact, that once a youth gets into that system they seldom, unfortunately, are able to get themselves out of it. It is the slippery-slide syndrome; you see them slipping down further and further. It is very important for us to try to keep them out of that.

I want to look at the position of police when they want to interview a youth who has been detained. If you look at what they have to go through it makes it very difficult for police to want to interview any of these detained youths. I listed the requirements from, I think, about five pages in the bill devoted to this. For instance, the detainee must give consent, the removal can be for no longer than six hours and the secretary must agree to the visit or removal. I pose a question about this which I will raise in the Committee stage: what will happen if the secretary does not agree but the detainee does agree? It would be an interesting position and I would like to know whether or not in that situation a police officer would need to apply for a warrant to interview or approach those youths.

It goes further as the secretary may impose conditions such as making the detention last for less than six hours. Or the condition may be about the amount of notice required, a certain period of time required for a notice to be given, the duration of the visit, the right to remove, refreshments, medical assistance and support. The detainee has the right to confer with a lawyer, to require secrecy, to be accompanied by an adult, to refuse to answer, to end the interview, to return to centre, and the right to a telephone call. And any of those conditions can be changed at any time. The list goes on and on really, making it very difficult for police. But I suspect that in most instances where the police want to interview a youth who is in custody it would be for a very serious offence, Mr President, and I think most of those occasions would occur by way of warrant where a police officer can apply for a warrant for the purposes of doing that. I notice the member carrying the bill is shaking her head.

Ms Thorp - I will clarify it.

Mr DEAN - I do not know whether that is because I am referring to a written speech, Mr President, or whether it is because of some other comment I have made.

Ms Thorp - I am mystified as to how you know the contents of a confidential letter that I wrote, but go on.

Mr DEAN - Perhaps you ought to consult with your own office, and I probably need to say no more than that.

The other comment I want to make is in relation to the hooning, the changes in relation to driving and 17-year-olds being able to be treated as an adult in those situations. I agree with that and I do not think there would be too many that would disagree with it because before this act came into being in 199-, whenever it was, a youth was seen to be an adult at the age of 17 years and of course could be dealt with as an adult when they were caught for driving a vehicle in any circumstance; it did not matter what it was, they were an adult then. When the Youth Justice Act commenced it was then of course changed and before a person is now an adult they must reach the age of 18 years, so it is really making a change that is similar to the one that used to be there in the old act in relation to dealing with youths.

Once again hooning raises its head. It was discussed at some length yesterday and very clearly that is a welcome change because if a person is able to legally drive a vehicle then they ought to be dealt with in a similar way to anybody else and I do not think there would be too many that would oppose that legislation. But there are some issues that I will raise during the Committee stage, Mr President. I support the bill.