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SNT.0004.0007.0071

WIT.0233.0001.0133

FOR CABINET

Tille:

Minister:

Purpose:

Key recommendations:

(summary)

Difference this proposal will make:

Strategic Policy alignment:

Timing/legislative priority:

Announcement of decision, tabling, etc:

Action required before announcement:

Net Funding Reguirements

Recurrent

- Staffing:

- Operational:

Capital:

Offset savings:

Revenue im lications

NORTHERN TERRITORY OF AUSTRALIA

CABINET-IN-CONFIDENCE

SUBMISSION NO: Infrastructure and recurrent funding for youth detention in the Northern Territory

Minister for Correctional Services, the Hon John Elferink MLA

To address infrastructure needs to provide additional beds to safely accommodate rising youth detainee numbers.

Approve the development of a fully costed Master Plan for the continued operation and further development for increased capacity of the Don Dale Youth Detention Centre on the current Berrimah site.

Approve a change In use and modification of either the entire or a portion of the Allee Springs Secure Care Group Home, which Is currenlly gazetted for the use by the Office of Children and Families and the Department of Health, for the purpose of commencing operations as a permanent youth detention centre.

This proposal will provide adequate bed capacity and programs and services to meet the projected increase in youth detainee numbers. It will also address significant infrastructural issues and enable more effective management of youth detainees through the separation of the genders and allowing for first time male entrants to be separated from longer-term detainees. These benefits in conjunction with broader youth justice initiatives such as the Northern Territory Youth Boot Camp Program will support youth to be accountable for and to address their offending behaviour. It is anticipated that~his will contribute to reduced youth offending and fewer Imprisonments of youth offenders and reduce the likelihood of

SNT.0004.0007.0072

young people having long term Involvement in the criminal justice system.!_____________ ____ commented [BF1]: Russell, can we be confident In saying this?

This submission aligns with the Government Pillars of Justice: Law Reform for Territorians policy which will ensure that the youth justice system delivers Improved outcomes on the rehabilitation and the safeguards of young people who offend and who are at risk of reoffending. Urgent. To commence planning and development of adequate infrastructure to meet rising youth detainee numbers.

As required by Cabinet.

Consultation with the Office of Children and Families and the Department of Health. Gazettal notice for the change of purpose of the Alice Springs Secure Care Group Home.

Current Year Future Years

$3.12M $ 7.03M

$ 0.51M $ 1.34M

$ 0.84M $

$ $

$ $

CABINET-IN-CONFIDENCE

WIT.0233.0001.0134

RECOMMENDATION

CABINET-IN-CONFIDENCE 1

1. It is recommended that Cabinet:

(a) approve funding of $0.20 million for the development of a fully costed Master

Plan for youth detention· infrastructure requirements over the next five years,

including the continued operation and further development for increased

capacity of the Don Dale Youth Detention Centre on the current Berrimah site;

and

(b) approve either:

(i) a change in use and modification of the entire Alice Springs Secure Care

Group Home (ASSCGH), which is currently gazetted for use by the Office

of Children and Families and the Department of Health (DoH), for the

purpose of commencing operations as a permanent youth detention

facility; or

(ii) a change in use and modification of a portion of the ASSCGH, which is

currently 'gazetted for use by the Office of Children and Families and the

DoH, for the purpose of commencing operations as a permanent youth

detention facility; and

lf recommendation (b)(i) or (b)(ii) is approved, then it is recommended that

Cabinet:

(c) !approve one-off capital funding of $0.84 million in 2013-14, and recurrent

personnel and operational funding of $8.37 million from 2014-15 ongoing for

the fit-out and ongoing costs to operate the ASSCGH as a youth detention

facility; an~ .. _____ ..... __ .. .. __ .. _ .... .. _ ... _._ ........ .... _ ... ..... _ ...................... ___ .. ..

(d) approve the de-commissioning of the Alice Springs Youth Holding Centre, also

known as Aranda House, and refer it to the Doi for disposal;

(e) note that the Alice Springs Youth Detention Centre will be used to house

female detainees until refurbishment of the ASSCGH is complete, and will

then be returned to the Alice Springs Correctional Centre to house adult

prisoners;

(f) approve the introduction of the new youth detention staffing models as at

attachments A, B and C subject to successful negotiations with and approval

of the relevant unions; and

(g) Approves the redirection of $1.16 million allocated for youth justice grant

funding be reallocated to provide more programs and services within youth

detention.

CABINET-IN-CONFIDENCE

SNT.0004.0007.0073

Commented [BF2]: This does not match the funding table under Budget Implications seclion.

WIT.0233.0001.0135

BACKGROUND

CABINET-IN-CONFIDENCE 2

2. The current infrastructure for youth detention centres in the Northern Territory, in

many cases, is not built for purpose.

3. Department of Correctional Services (NTDCS) projections forecast that the

number of youth detainees in custody in the NT will exceed current capacity by

more than 100 beds (attachment D, E and F refer) by December 2016 which

would exceed the current operating capacity by nearly 35%.

4. Current youth detention facilities in the Northern Territory include the:

(a) Don Dale Youth Detention Centre (DDYDC), Berrimah (Darwin);

{b) Alice Springs Youth Detention Centre (ASYDC), located on the Alice Springs

Correctional Centre (ASCC); and

(c) Alice Springs Youth Holding Centre (ASYHC) also known as Aranda House,

5. The operational capacity of the three detention centres is as follows:

DDYDC: Total 62 comprised as follows:

Females 10

Males (maximum-security) 20

Males (med/min-security) 24

Specified needs beds 8

ASYDC: Total: 16, comprised as follows:

Males 14

Specified needs beds 2

ASYHC: Total: 1 O, comprised as follows:

Males 8

Specified needs beds 2

6. While the total operational capacity for all beds types in the Territory is currently

88, this is not a true indication of the total number of juvenile detainees who may

be contained at any one point in time. The specialist beds, that is, the At Risk of

self-harm/suicide, the Behaviour Management Unit and the High Dependency Unit

beds must be retained for dedicated purposes to manage safely, high needs'

detainees.

CABINET-IN-CONFIDENCE

SNT.0004.0007.0074

..

WIT.0233.0001.0136

CABINET-IN-CONFIDENCE 3

7. The actual operating capacity for general beds for males and females in the

Territory is in fact 76 (10 females in DDYDC; 44 males in DDYDC; 14 males in

ASYDC and 8 males in Aranda House).

8. The infrastructure currently used for juvenile detention centres in the Territory has

developed incrementally over the years and, in many cases, not built for purpose.

CONSIDERATION OF THE ISSUES

Don Dale Youth Detention Centre, Berrimah

9. The DDYDC opened in November 1991 with 25 maximum-security, male-only

beds. Over the ensuing years, some office and program space was converted to

youth detainee accommodation. In 2004, a new building housing 16 medium­

security, male-only beds, was opened.

10. The DDYDC was not designed to accommodate female juvenile detainees and

accordingly, ad hoc attempts have had to be made over the years to separate the

genders. In recent years, the number of female detainees has increased to a peak

of 11. Their placement at the DDYDC creates operational and social difficulties.

11 . frhe number of female detainees in custody is projected to be 15 by June 2015

SNT.0004.0007.0075

December 2013 l!'JN<?h_~[IJ_~~~El~~- -()!J_~~EJ_QtfE)_f!!?J~ _l_>Rt!_()jfi~ -~-E)9_ _c;~p-~~i~y_ __ ~)'. _?_Q~~~- - - - - - com1

m11entedh [B

1F3]

1: Ruslhsell, canw

1e put some female

pro ec ons ere o s reng en case ors

12. In 2011-12, two demountables were acquired: one for educational purposes; and

the other for case worker administration and interview space. This enabled the

existing infrastructure to be re-converted to juvenile detainee accommodation

providing a total of 62 beds. These demountables have not, however, addressed

the need for program delivery space or requirements for separate female

accommodation.

Alice Springs Youth Holding Centre (also known as Aranda House)

13. Aranda House was originally opened in 1977 as an assessment, training and

security facility for young offenders. The maximum security wing of the complex

was re-opened as Aranda House In 1993-94, with a total bed capacity of 10 which

has been maintained to the present day. Aranda House was kept as a holding

centre to facilitate court appearances. Thereafter, the youth detainees were

transferred to the DDYDC in Darwin either remanded into custody or sentenced to

a period of detention. As it was a short term holding centre Aranda house has

only ever had one permanent staff position with the remainder of staff being

employed on a casual roster as required .

CABINET-IN-CONFIDENCE

WIT.0233.0001.0137

CABINET-IN-CONFIDENCE 4

14. Aranda House was closed in March 2011 when the ASYDC was commissioned. It

has re-opened and closed on a number of occasions since then, in order to

accommodate escalating numbers of youth detainees in custody. Aranda House

however, is not a satisfactory centre for a number of reasons:

• The design is out-dated, it does not provide adequate educational space and

there is no provision for vocational training;

• It is not suitable for the detention of juveniles, lacks natural light and is not well

ventilated;

• It is co-located with a sobering up shelter for volatile substance users; and

• Its close proximity to town also creates problems with unsanctioned interaction

of detainees with local residents.

Allee Springs Youth Detention Centre

15. In March 2011 the ASYDC was brought on-line as a short to medium term

measure, as part of the then Government's plan to address rising crime rates in

Alice Springs. However, it has continued to remain open and has operated

beyond its capacity for sustained periods over the past six months, necessitating

the periodic re-opening of Aranda House to accommodate the overflow of youth

detainees, thereby operating two centres simultaneously. This is not cost effective

and places an additional burden on the NTDCS budget.

16. The ASYDC was originally built as a 24 bed minimum-security adult facility but as

a youth detainee facility it only provided 16 beds of which two are specialist beds.

17. Staffing: The configuration of the current youth detention infrastructure has

contributed significantly to a heavy reliance upon a casual work force. Currently

45% of the youth detention workforce is employed casually. The problems posed

by such a high proportion of casual work arrangements include poor retention

rates and higher costs due to uncertainty around rostering and the premium paid

on casual rates of pay.

18. The proposed staffing models at attachments A, 8 and C will achieve appropriate

staffing levels and greater efficiency through reducing the number of casual

employees to 10% with 90% being permanently employed. This will optimise

economies of scale, provide more stability in the work force and result In greater

return on investment in staff training and development. The resulting benefits will

further include increased ownership of roles, loyalty to the organisation,

professionalism and accountability.

CAB/NET-IN-CONFIDENCE

SNT.0004.0007.0076

WIT.0233.0001.0138

CABINET-JN-CONFIDENCE 5

19. The table and graph below demonstrate that the proposed staffing models will

\lower the detainee cost per day from $472 to approximately $350 (attachments A, I. B and C refers).

Ef tdC tRd s 1ma e OS e uct on o Pro Dose d I f n rastructure an d Staffin!l Models

Current Costs 61 82 108 Current Position and Models 56 Detainees Detainees Detainees Detainees Staffing costs $8,285,425 $7 524 743 $9,955,837 $11 433 300 Operational costs 11l $1 365 482 $1 530,779 $1 788 916 $2 356 133 Total Costs $9 650,907 $9,055,522 $11744753 $13 789 434

Staffing per detainee per day $405 $338 $333 $290 Ooeratlonal oer detainee oer dav $67 $69 $60 $60 Cost per detainee per day $472 $407 $393 $350

% Reduction on Current Staffing per detainee 16.54% 17.78% 26.40% % Reduction on Current Operating Costs per detainee -2.99 10.45% 10.45% % Reduction on Current Total Costs per detainee 13.77% 16.74% 25.85%

(1) In first year under 61 detainees. Operallng costs Include S0.20M lor development of a fully costed Master Plan.

• %Reduction on current starling costs per detainee

• %Reduction on current operating

costs per detainee

• %Reduction on current total costs per detainee

20. Programs: While the proposed infrastructural improvements will provide a safe and

secure environment for youth detainees, it is also vitally important that programs

and services are further developed and updated to support the changes in

infrastructure and, more importantly, the increasing detainee numbers. More

programs are required to reduce the rate of re-offending and support positive

reintegration into the community.

21 . Ongoing youth grant funding of $1.16 million has been identified to be redirected

to fund the expansion of youth detention programs and services. This could be

achieved by utilising $1.16 million of unused youth justice grant money.

CABINET-IN-CONFIDENCE

SNT.0004.0007 .0077

Commented [BF4]: eparte female lacillty.ldent In saying this? This does not match the funding table under Budget lmpllcallons secllon. Russell, cen we put some female projections

WIT.0233.0001.0139

OPTIONS

22. Cabinet might elect to:

CABINET-IN-CONFIDENCE 6

(a) approve funding of $0.20 million for the development of a fully costed Master

Plan for youth detention infrastructure requirements over the next five years,

including the continued operation and further development for increased

capacity of the Don Dale Youth Detention Centre on the current Berrimah site;

and

(b) approve either:

(i) a change in use and modification of the entire ASSCGH, which is currently

gazetted for use by the Office of Children and Families and the DoH, for

the purpose of commencing operations as a permanent youth detention

facility; or

(ii) a change in use and modification of a porlion of the ASSCGH, which is

currently gazetted for use by the Office of Children and Families and the

DoH, for the purpose of commencing operations as a permanent youth

detention facility; and

(c) Not approve any of the options (a), (b)(i) or (b)(ii).

J1 option (b)(i) or (b)(ii) is approved, then Cabinet may also elect to:

(d) /approve one-off capital funding of $0.84 million in 2013-14, and recurrent

personnel and operational funding of $8.37 million from 2014-15 ongoing for

the fit-out and ongoing costs to operate the ASSCGH as a youth detention

SNT.0004.0007.0078

facility; an~---- ___ --------------------------------------- _____ ___ __________________ ___________________ . --- -- ~~";:1~~."J~.~=~!~~~'::i: }~:i:!t';~:~~~.~:~:cl~(y~::;~e (e) approve the de-commissioning of the ASYHC and refer it to the Doi for reported as much hlgherlhan the $472K referred to here_

What Is missing from !he slaffing or operational cosls In !his calculallon? disposal;

(f) note that the ASYDC will be used to house female detainees until

refurbishment of the ASSCGH is complete, and will then be returned to ASCC

to house adult prisoners;

(g) approve implementation of the new youth detention staffing models provided

at attachments A, B and C; and

(h) approve the redirection of $1 .16 million allocated for youth justice grant

funding be reallocated to provide more programs and services within youth

detention.

23. Options (a) and (b) will provide adequate bed capacity to meet projected demand

and will provide the opportunity to secure the means to address significant

structural issues and the separation of genders. This is the preferred option.

CABINET-IN-CONFIDENCE

r

WIT.0233.0001.0140

CABINET-IN-CONFIDENCE 7

24. Options (c) to (g) are dependent on Cabinet approving Options (a) and (b).

Option (a)

25. Long term infrastructure planning for the safe housing of rising youth detainee

numbers in the Territory is essential. Development of a Master Plan will identify

and recommend infrastructure requirements and solutions to manage the rising

juvenile detainee numbers.

26. In the short to medium term, the retention of the DDYDC is critical to ensure

enough beds for the safe housing of rising youth detainee numbers, however,

immediate works must be completed to address current infrastructure risks.

27. The fire safety management systems are poor (owing to their age and subsequent

site development) and could expose staff and detainees to the risk of injury or

death.

28. The education area is unsuitable and the case management and music areas

consist of converted sea containers. The rectification and capital works program

needing to be undertaken at the DDYDC must contribute to the NTG meeting its

duty of care responsibilities in ensuring that the Youth Justice System should

uphold the physical and mental well-being of youths, including:

(a) Stopping the current housing of first-time entrant male youth detainees with

the High Security (i.e. maximum-security), longer-term detainees, thereby no

longer exposing the first-time entrant detainees to the immediate negative

influence of other detainees entrenched in the system.

(b) Separating the age groups.

(c) Ensuring that the significant fundamental infrastructure demands are met,

including Improvements to the fire alarm system and sewerage system.

(d) Providing more ablution facilities in the current female accommodation area in

the DDYDC which houses up to 15 detainees, as it has only one shower and

toilet. More ablutions facilities are required.

(e) The provision of specialist vocational and training facilities.

29. NTDCS will engage Doi for the development of a fully costed Master Plan and will

come back to Cabinet in a separate submission.

Option (b)(I)

30. In 2012, the construction of the ASSCGH was completed by DoH. It is located on

a far corner of the ASCC and has its own direct access from the Stuart Highway.

31. The building was design!=!d to provide separate 8-bed adult and 8-bed children and

young people facilities, but for efficiency purposes, they are adjacent, in order to

CABINET-IN-CONFIDENCE

SNT.0004.0007.0079

WIT.0233.0001.0141

CABINET-IN-CONFIDENCE 8

share staff-operated catering, maintenance, utilities and administrative areas.

Each home has its own entrance, as well as separate indoor and outdoor living

and recreational areas. Accordingly, there is neither capacity nor need for the

adults and children/young people to intermingle. However, they are able to see

one another, particularly when outside.

32. The homes have been constructed using structural and operational approaches to

ensure the safety of clients, staff and others, in a robust physical yet home-like

atmosphere. This is in order to maximise opportunities for skills development and

effective therapeutic intervention.

33. The decision to build the ASSCGH next to the ASCC, 27kms from the Alice

Springs town centre, was based on community refusal on a couple of occasions to

agree to the homes being located within the town. A benefit of being next to the

ASCC is that it is a secluded environment, conducive to clients feeling calm and

settled and there is no noise disruption to or from neighbours.

34. Despite the ASSCGH being finished in mid-2012, there was no client of the Office

of Children and Families in residence and only one mental health patient in

residence managed by DoH. Use of this facility a youth detention centre would

provide better benefits to the Territory by providing rellef to the youth justice

system.

35. Option (b)(i) is preferable to option (b)(ii), as it most critically addresses the

significant problems and tensions created in the DDYDC by housing males and

females alongside one another.

36. There is no doubt that the presence of female detainees in the DDYDC generates

a swathe of misbehaviour and "acting out" by youths of both genders. Prior to the

housing of female detainees in DDYDC, the incidence of misbehaviour by males

was greatly smaller than is currently being experienced.

37. The accommodation, which is currently occupied by the female detainees in the

DDYDC, could then be used to house first-time male entrants into the youth

detention system. It would also enable a re-configuration of the remainder of the

DDYDC site to maximise the ability to separate the different age groups.

38. The proposed costs of option (b)(i) would be proportionally more than for option

(b )(ii) which is limited to half the site.

39. If approval is given for the NTDCS to take over the ASSCGH, then some initial

capital enhancements would be required to make the facility fit-for-purpose as a

youth detention centre:

CABINET-IN-CONFIDENCE

SNT.0004.0007.0080

WIT.0233.0001.0142

CABINET-JN-CONFIDENCE 9

(a) The perimeter fencing would need to include concrete plinths, water drainage

and electrification with detection capability costing approximately $580,000.

(b) Sensors would need to be installed in the ceiling cavity and wired to the

existing security system costing approximately $60,000.

(c) The installation of additional beds in the bedrooms to take the holding capacity

of the centre from 16 to a maximum of 48 (on the basis of 3 beds per room)

would cost approximately $50,000.

(d) The cost for installation of appropriate cameras Is $150,000.

Option (b)(li)

40. If approval is given for the NTDCS to take over that portion of the secure group

home designated for use by the Office of Children and Families, then the capital

enhancements detailed in option (b)(i) would still need to be carried out.

41 . As option (b)(ii) Is limited to utilising only half of the facility, the number of

additional beds required would be 16, taking the maximum holding and operational

capacity from 8 to 24. This number would not be ideal but would maximise the

available space.

42. That portion of the ASSCGH used by NTDCS would accommodate male youth

detainees only. The female detainees would be accommodated in the existing

ASYDC.

43. The capital costs associated with this option would be $588,000. The additional

operational costs would be the same as Option (b)( i) i.e. $3.64M in 2013-14,

$6.33M in 2014-15 and $8.37M in out years.

Option (d)

44. Aranda House is poor in design and is of very limited utility. Following approval of

options (a) and either option (b)(i) or (b)(ii), Aranda House would be surplus to

NTDCS needs and would be referred to the Doi for disposal.

BENEFITS OF PROPOSAL

45. Approval of the preferred options will provide the means to secure the much

needed and overdue infrastructure Injection Into youth detention centres and

address the immediate need to separate the genders and to allow the first time

male entrants to be separated Initially from longer-term detainees.

46. This submission also supports the implementation of the recommendations

contained in the Review of the Northern Territory Youth Justice System: Report

September 2011 and this Government's Pillars of Justice: Law Reform for

Terrilorians criminal law reform package.

CAB/NET-IN-CONFIDENCE

SNT.0004.0007 .0081

WIT.0233.0001.0143

CABINET-IN-CONFIDENCE 10

RISK MANAGEMENT STRATEGY

47. The risks of not undertaking the proposed changes to youth detention

infrastructure far outweigh those attached to undertaking the work.

SNT.0004.0007.0082

!BUDGET IMPLICATIONsi _______________ ___ _____ ___ ___ ______ __ ___ ___ ____ __ ___ _ ·------------ --- -------------------1 commented [v6J: .................. "'""Th•

48.

Current +1 +2 +3

year $000 $000 $000

(2013/14)

$000

Additional Funding $4,476 $6,325 $8,369 $8,369

sought

=Expenses $4,836 $7,525 $9,569 $9,569

plus Capital $840 $ $ $

less Revenue(b) $ $ $ $

less Savings I $1,200 $1,200 $1,200 $1,200 Substitution

49. Note that the current recurrent funding for youth detention would be utilised to

offset the required recurrent funding of $1.1.43 million in personnel staffing cost

(less $4.40M already funded) = $7.03M, $2.36M (less $1.02 already funded) =

$1 .34M.

LEGISLATION AND REGULATORY IMPLICATIONS

50. Nil.

COST OF LIVING IMPACTS

51 . Nil.

AUSTRALIAN, STATE AND LOCAL GOVERNMENT RELATIONS

52. Nil.

RESULTS OF CONSULTATION WITHIN NT GOVERNMENT

53. Nil

RESULTS OF CONSULTATION OUTSIDE OF NT GOVERNMENT

54. Nil.

PUBLIC IMPACT ANALYSIS AND COMMUNICATIONS STRATEGY

55. To be developed once Cabinet has decided on the options to be approved,

however, Cabinet should note that the consequences of inadequate infrastructure

could attract criticism. Adequate infrastructure should be positively received by

those in the community with an expectation that youth detainees will be housed in

CAB/NET-IN-CONFIDENCE

WIT.0233.0001.0144

CABINET-IN-CONFIDENCE 11

fit for purpose facilities and suitable environments. The implications of amending

the purpose of the ASSCGH as a youth detainee facility are addressed in the

communications plan.

TIMING

56. To be determined by Cabinet.

ATTACHMENTS

A. Projected forecasts to 2016 of Youth detainee numbers Territory-wide

B. Projected forecasts to 2016 of Youth detainee numbers in the Top End

C. Projected forecasts to 2016 of Youth detainee numbers in Central Australia

CABINET-IN-CONFIDENCE

SNT.0004.0007.0083

.....

WIT.0233.0001.0145

CABINET -IN-CONFIDENCE 12

Communication Strategy Overview

Introduction «Short overview of project»

Communication Objectives «Detail communication objeclives »

ssues A ssessment /K M ey

«Name of project>>

essages Key Critical/Sensitive Issues Audience Addressing Issues/Key Messages

Communication Matrix: Audience Communication Method Date of Release

Media Opportunities Details of any proposed media events, announcements, opportunities etc

Budget: Indicative budget against main tactics/communication methods. This does not match the funding table under Budget Implications section. Needs to be updated to match amended costing tables

CAB/NET-IN-CONFIDENCE

Actioned by

SNT.0004.0007.0084

.

WIT.0233.0001.0146

SNT.0004.0007.0085

WIT.0233.0001.0147