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Juvenile Offender Legislation Reform

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About this Item
Speakers - Stoner Mr Andrew; McMahon Ms Lylea; Cansdell Mr Steve; Harris Mr David; Humphries Mr Kevin; George Mr Thomas
Business - Business of the House, Division


JUVENILE OFFENDER LEGISLATION REFORM
Page: 6401

Mr ANDREW STONER (Oxley—Leader of The Nationals) [11.31 a.m.]: I move:
      That this House:
(1) notes the serious incidence of juvenile crime in regional and rural areas; and
(2) calls on the Government to amend current ineffective juvenile offender legislation.

For several years I have tried to change legislation that governs young offenders and, in particular, the Young Offenders Act 1997. On three occasions I have introduced a private member's bill into this place in an attempt to tighten up that legislation and, in particular, bring about early intervention for young people who are proceeding on a life of crime. Many communities, not only regional and rural communities, have a cadre or a core, if you like, of repeat offenders responsible for a large amount of nuisance or antisocial crime. This impacts heavily on the victims of those crimes. I have advocated also for preventative measures, for example, greater investment in sporting facilities and other programs in regional and rural communities. I have advocated for things such as second-chance camps for some of these young people whose family life may be contributing to their delinquency. I have advocated for a better relationship with and support for non-government organisations, particularly churches and organisations such as Father Chris Riley's Youth off the Streets, which do terrific work to address juvenile delinquency.

A legislative response would address this issue. Working with the community to provide better options for these young people would be a preventative response. The Government must be given credit for the terrific Families First Program, which I have supported and advocated. This program provides early intervention for kids who do not have the family support or who are at risk of having a reduced level of family support and, therefore, are at risk of committing crimes as they grow older. I am disappointed to say that consistently the Iemma and the Carr governments rejected my attempts to amend the legislation. They have not offered support for preventative measures—perhaps because the Government may not be fully aware of the problem. My electorate office is located in Kempsey, a beautiful spot on the mid North Coast.

Mr Michael Daley: It certainly is.

Mr ANDREW STONER: The member for Maroubra agrees that it is a terrific spothe is an old Kempsey boy. However, our community has a protracted problem with young people committing the bulk of crime, which ranges from break and enters through to assaults and car theft. I hear of children aged 10even 8stealing cars and burning them. I have spoken to the victims of these sorts of crimes—some people's cars are found burnt out and they have no car insurance. This sort of crime has an enormous impact on them. In my estimation, 80 per cent of that sort of crime would be committed by repeat juvenile offenders in Kempsey, Nambucca Heads, Bowraville and all the places I represent. The current systemthe Young Offenders Actsimply is not working.

Juvenile crime is a massive problem throughout New South Wales. Let me be frank: It is more prevalent in communities with significant Aboriginal populations. That is not a racist comment in any way; it is simply a reflection of the isolated economic circumstances of families that quite often have issues with alcohol and drug abuse. Consistently we hear of child neglect and abuse, including sexual abuse, in Aboriginal communities. The manifestation of that abuse results in a higher level of delinquent behaviour by those young victims. Many Aboriginal people are desperate to see this issue resolved. One lady to whom I spoke in Nambucca Heads, who had some input into the "Breaking the Silence" report, told me that sexual abuse of young Aboriginal children was prevalent throughout the State.

She said that after having been abused either physically, psychologically or sexually many of those young people turn to drugs and alcohol, become truant and get up to crime. Youth crime is a problem in Kempsey, Dubbo, Narrandera, Tamworth—I note the young people from Tamworth in the public gallery—Armidale, Nambucca Heads, Taree, Moree in the Barwon electorate and Grafton in the Clarence electorate. It is a persistent problem and the Government simply is not coming to grips with it. The report of Australian Institute of Health and Welfare entitled "Juvenile Justice in Australia 2005-06" found that the number of Australian youths under juvenile justice supervision increased by 4 per cent in that year compared to the previous year. So, it is a growing problem.

A 2007 study by the New South Wales Bureau of Crime Statistics and Research found that more than 70 per cent of juvenile offenders placed under supervision orders are likely to reoffend within four years—that supports my comments about a cadre of repeat juvenile offenders. A report from the same agency entitled "Juveniles in Crime Participation Rates and Risk Factors" found significant differences in that secondary students who attended non-metropolitan schools had higher lifetime participation rates in assault, malicious damage, and break and enter offences. According to the Australian Bureau of Statistics, in 2006 there were 6,455 individual court appearances by juveniles in New South Wales. A telling statistic is that around half that number—more than 3,000—were in rural areas. Yes, it is a problem in the city, but it is more acute in country and coastal New South Wales.

According to Don Weatherburn, the Director of the Bureau of Crime Statistics and Research, one of the main reasons behind high levels of violent crime is the extraordinary level of violence in Aboriginal communities. The 2006-07 Annual Report of the Department of Juvenile Justice found that "Aboriginal young people are overrepresented in the juvenile justice system." The average daily number of young people in custody is 331 and, on average, 159 of those young people are from Aboriginal or Torres Strait Islander backgrounds. Obviously this is an increasing and significant problem, and the State Government has failed to come to grips with it.

In 1997 the Government introduced the Young Offenders Act to provide that young people, having made a mistake, would not have a criminal conviction recorded, which is an admirable aim for legislation. The only problem is that the legislation provided for unlimited warnings, initially unlimited cautions, and perhaps a youth justice conference. During the process of dealing with the offence, the young person has the right to refuse any of the outcomes and can nominate a particular person to be present when the caution is given. Parents are not required to be notified in the event of a warning.

The Young Offenders Act has massive loopholes. While that may not be important when dealing with the average person, some young offenders have endemic family problems and are repeat, hardened juvenile offenders. When the Act is applied to those types of offenders, it is a joke and it should be tightened up. There should be one warning and one caution only, and thereafter referral to a court or to youth justice conferencing. I support youth justice conferences because they bring the young offender and the victim together and they have a salutary element of shame. Having introduced private bills on three occasions and having long advocated for reform in addressing juvenile crime in rural areas, I seek a contribution to the debate from the Government.

Ms LYLEA McMAHON (Shellharbour) [11.41 a.m.]: I speak against the motion moved by the Leader of The Nationals. All members of our community, including young people, have an obligation to respect our laws and fellow citizens, and to do their bit to contribute to a safe and just society. That is why the Government has put in place a range of measures to punish and deter young offenders, including the targeting of youth-specific crime and the provision of strong penalties and initiatives to divert young people from the criminal justice system. These measures are getting results. Contrary to the carping by the Opposition, juvenile rates of crime are not increasing—quite the reverse is true. Between 2002 and 2006 the number of juveniles coming to the attention of the police and the courts decreased by 8.8 per cent. Earlier this week the Bureau of Crime Statistics and Research released a study demonstrating that between 2002 and 2004 a significant decline in the rate of juvenile offending was recorded.

The Government is not resting on its laurels and recognises the difficult nature of juvenile offending as well as the need to continue the fight against youth crime. That is why we are determined to drive down the rates of juvenile offending. Unlike the Opposition, the Government has a plan and a range of ongoing strategies to do just that. The Government's strategies include legislating for parental responsibility, including requiring parents to attend court proceedings and give an undertaking or security—for example, a deposit of money—for good behaviour of their child; meeting our election commitments to introduce tough new laws to allow police officers to confiscate graffiti spray cans from juveniles even when an offence has not been committed; and getting to the root causes of offending among juveniles in detention. Our centres have programs to make juveniles address drug and alcohol issues and violent behaviour. There are specific programs for Aboriginal offenders.

In addition, the Young Offenders Act provides a range of options for the police working on the ground to deal appropriately with young offenders. The Act provides a hierarchy of different punishment options for the police, including warnings, cautions, youth justice conferencing and, of course, the laying of formal charges and attendance at court. The Act is working at reducing reoffending among juvenile offenders. Studies from the Bureau of Crime Statistics and Research show that juveniles who receive a caution or a youth justice conference are less likely to reoffend than are those referred to a Children's Court. What is more, the diversionary options available under the Act have been welcomed by victims of crime and their representatives because youth justice conferences make young offenders face their victims in the presence of the offenders' families and the police.

A strict youth justice outcome plan is produced that requires the offender to redress the damage caused by their wrongdoing. The plans are often harsher than are court sentences and may include payment of compensation or performance of community service work, such as cleaning up graffiti. A recent evaluation of a similar conferencing program by the Bureau of Crime Statistics and Research found that victims overwhelmingly were satisfied with the way the cases were dealt with, with 93 per cent saying they were treated with respect and 91 per cent being satisfied with the outcome plan. Howard Brown from the Victims of Crime Assistance League has had this to say about juvenile justice conferences:

      This is one of the great things about juvenile conferencing. If we can get these unfortunates early enough and divert them, they do not become serious offenders.

Ken Marslew from Enough is Enough said:

      With conferencing, there is a high level of justice for both victims and offenders. They appear to get more out of the process.

Members also will recall that last year the Government introduced a raft of reforms to improve the effectiveness of the Young Offenders Act. The reforms include provisions to make more young offenders face up to their crimes by expanding the range of victims who may attend a youth justice conference and changing the laws so that victims can provide a written statement that will be read to a juvenile by a police officer as part of the formal caution. From this month, the Government will pilot a new intensive supervision program in Newcastle and Western Sydney. This initiative will closely track young offenders and make parents accountable for the child's behaviour, 24 hours a day, seven days a week for six months. International programs of this type have produced a reduction in reoffending of up to 70 per cent.

Tackling juvenile crime requires a range of different strategies. The Government has in place a comprehensive program to deal with the difficult nature of juvenile crime. Our work has shown results. Juvenile rates of crime and the rates of juvenile reoffending have decreased. But the Government is determined to keep up the fight. We will continue to ensure that young people are playing their part in contributing to a safe and just society. I have outlined steps in the Government's determination to drive down rates of juvenile crime, including the initiatives to deal with juvenile offending and plans to keep up the fight against juvenile crime. I have outlined the effect that the Government's action is having on juvenile crime. The results speak for themselves: there was a decrease between 2002 and 2006 of 8.8 per cent in the number of juveniles who came to the attention of the police and the courts, and a downturn in the rate of juvenile reoffending.

I have also outlined the Government's recent initiatives in undertaking a further driving down of those rates and our plans for future action. It is easy for the Opposition to carp about juvenile crime. True to form, the motion moved by the Opposition simply calls on the Government to amend current juvenile offenders legislation. As is always the case with that mob, they are heavy on criticism but light on detail. How exactly would they propose to amend juvenile offender legislation? What plans does the Opposition have in place to deal with the difficult nature of juvenile offending? The answer is nothingno plans, no ideas, no policies. Despite the Opposition's call today to amend juvenile offending legislation, in recent years it has supported the Government's approach to juvenile justice conferencing under the Young Offenders Act 1997. The New South Wales Coalition's policy document entitled "A New Start for Juvenile Offenders" states:
      Community youth conferencing aims at making young offenders accountable for their actions

      Community youth conferencing is seen to be a positive move towards intervention as a means of crime prevention

      The Coalition supports community youth conferencing as a step towards crime prevention through early intervention.

      Mr John Williams: Who said that?

Ms LYLEA McMAHON: These are all Coalition words. That the Coalition has moved this motion indicates how completely all over the place it is on this issue. However, it does not end there; it never does. In recent years, time and again we have heard nothing short of a plethora of ridiculous and contradictory statements from the Coalition in relation to juvenile crime. During last year's election campaign the Coalition proposed lowering the age of criminal responsibility to 10 years, which it described as "early intervention". The Coalition could not say which, if any, experts it had consulted in developing its mad, mad policy.

Mr STEVE CANSDELL (Clarence) [11.51 a.m.]: I support the motion moved by the Leader of The Nationals, the member for Oxley, which states:
      That this House:
(1) notes the serious incidence of juvenile crime in regional and rural areas; and

(2) calls on the Government to amend current ineffective juvenile offender legislation.

Who wrote the diatribe that the member for Shellharbour just read? She could not understand most of it herself and most of it was not relevant to the motion. Obviously it was written by some political hack sitting in a back room who has never been to rural areas where there are major problems with juvenile crime and where there is very little support from the Government to back up agencies to rectify this problem. Yes, the Coalition supports community youth conferencing, but possibly not the way it is currently run. It depends on the convenor. Many kids who attend community youth conferencing just walk in, grunt a few wordsthey might or might not say "Sorry"and then walk out and think that that is the end of it. However, the victims of crime in country New South Wales feel robbed and shystered because there is no consequence to the kids' offending actions whatsoever.

It would be fantastic if there were tangible outcomes through community youth conferencing. For example, if kids went to conferencing and admitted that they had made a mistake in smashing a local shopkeeper's window, a tangible outcome would be for them to sweep up that area every day for a week under their parents' supervision. That would be a consequence of their actions and that would give responsibility to the parents for their children's actions. Three times in the past three years the Leader of The Nationals has introduced a private member's bill to amend the Young Offenders Act 1997 to bring tangible outcomes and consequences for those actions. Three times the Government has said that the Coalition was trying to make criminals out of young people and rejected his bill out of hand.

The Children (Protection and Parental Responsibility) Act 1997 also should be amended to bring more responsibility to parents. In that regard, all the Government has done is talk about jailing parents whose kids do not go to school. We already have a big problem with kids not going to school. Juveniles who do not go to school run amok in the streets with no parental guidance whatsoever. Would locking up their parents really solve that problem? I think not. The Clarence electorate has one truancy officer from the Department of Education and Training to ensure that kids go to school—or to ensure something, I am not sure what! I am sure there is one truancy officer in the Barwon electorate as the Moree High School is an area of high need. The truancy officer has never approached the children who do not attend school or their parents. An Act is in place that enables the parents to ensure their kids attend school, but there are not enough people on the ground to enforce it.

I have listened to members saying what has to be done about this problem. One minute the blame is levied at the police, then the Department of Education and Training, then the Department of Community Services, then the Department of Housing, then the Department of Health, then the Department of Juvenile Justice—the lot. We should make a concerted effort to have all agencies work together, in cooperation. In the little town of Coraki there may be three families whose children are the main problems around the town. The problems are of only slight interest to the Department of Community Services and really do not involve police because the kids are under age. The Department of Education and Training does not have the manpower to get the kids to school. The agencies should get together and casework those families, in unison, to overcome the problem. They should not just apply a bandaid solution every time something happens. The sore keeps festering.

We need to make tangible efforts to overcome the problems of juvenile offending in regional and rural areas. The motion is a commonsense solution that the Government should take on board. It should not just tinker around the edges and put out some bulldust press release to take the spin off the problems it has because it could not control its members in the past. Juvenile crime in country areas is a major problem, one that will not be solved by sending parents to jail. The Government needs to ensure that the kids get to school, and that proper health and education facilities are available for families. If the families are suffering from social problems they need to be addressed first. That cannot be achieved by jailing the parents.

Mr DAVID HARRIS (Wyong) [11.56 a.m.]: I speak against the motion moved by the Leader of The Nationals because the Iemma Government is already implementing a raft of priority projects to address juvenile crime in regional and rural areas, rather than simply increasing penalties and sending 10-year-old kids to jail. When the Iemma Government was elected in March 2007 it was determined to tackle issues surrounding the problem of juvenile crime and antisocial behaviour. The State Plan reflects that desire and I will speak about some of the strategies in my electorate of Wyong for curbing antisocial behaviour. In particular, I will speak specifically about the effect of alcohol-related crime.

One does not have to drink to experience the harm that can be associated with alcohol; assaults, road accidents, property damage and excessive noise can all seriously affect the lives of individuals and the community. At the Summit on Alcohol Abuse it was estimated that alcohol abuse costs New South Wales $7 million a day through lost labour and productivity as well as costs relating to crime, road accidents and the health system. In the Wyong area the incidence of alcohol-induced crimes has had a negative impact on people's perceptions of the safety of the area. I have listened to my constituents who have expressed their concern for their safety when attending events after dark or when large volumes of people congregate around entranceways, especially after the entertainment has ended.

While most categories of crime in my electorate of Wyong are down, reflecting statewide trends, we still have a serious issue with antisocial behaviour on the part of some patrons and intoxicated young people who gather on weekends. I am pleased that the New South Wales Government has introduced a number of initiatives to tackle this problem. One initiative that has proved to be very effective is the School Liaison Police Program, an initiative designed to improve New South Wales Police Force relationships between high school children and reduce the incidence of their involvement in crime, as either victims or offenders. Tuggerah Lakes command was one of 10 State posts singled out to form a squad of police to tackle young drunken hoons.

The Central Coast unit, officially the R3 Squad, but already dubbed the Summer Squad, will focus its efforts on antisocial behaviour every Thursday, Friday and Saturday night over the summer. The specialist team of up to 20 experienced officers will patrol areas such as Norah Head and other hot spots where large groups of youths gather. Chief Inspector Rod Peet said they would enforce alcohol-free zones and arrest anyone under the age of 16 deemed at risk. This included young teens whom they found to be very drunk. He said that parents would be called to collect them from police stations and they would be referred to the Community Services department. Chief Inspector Peet said licensed premises would be on notice under the program with fines up to $5,500 enforced for the secondary supply of alcohol to minors.

Local government is also assisting in tackling problems. Wyong Shire Council and local police are continuing a combined approach to antisocial behaviour. Following continued disturbances in the sleepy suburb of Noraville, particularly along Ada Avenue near the beach, police have begun additional patrols. Council rangers also have been involved by enforcing regulations in public areas. The patrols have already resulted in large quantities of alcohol being confiscated from minors and a number of young people being moved on. We must send a clear message to the minority of individuals responsible for antisocial behaviour that we will not tolerate the types of behaviour that negatively impact on the safety and harmony of our communities.

The Iemma Government is serious about dealing with antisocial behaviour and crime, and continues the commitments made at the last election and outlined in the New South Wales State Plan. The statistics quoted and programs referred to by the member for Shellharbour in her contribution demonstrated that the Government is committed to tackling youth crime in regional and rural areas. A sensible, balanced approach to juvenile justice issues is required and the Iemma Government is achieving this through the raft of strategies being implemented.

Mr KEVIN HUMPHRIES (Barwon) [12.01 p.m.]: I support the motion moved by the Leader of The Nationals on juvenile crime in regional and rural areas, as do the vast majority of people of New South Wales, and call on the Government to amend some of the current ineffective juvenile offender legislation. I acknowledge students from McCarthy High School from Tamworth who were here earlier, which is my old school. Not only did I attend the school when I was younger but also I taught at the school for four years. I congratulated the students today, and I also congratulate the vast majority of young people in our community on getting on, taking responsibility and for contributing to our community. Well done! To say that there are not juvenile crime hot spots or targeted areas of need across our communities is really an understatement.

As the Leader of The Nationals indicated, people like me represent over-represented people in the court system, particularly young people from towns like my home town, Moree—my home town—Walgett, Coonamble, Bourke and Brewarrina that are constantly targeted and in the top 10 for crime statistics. Offences include break and enters; stealing, particularly cars; and assault. Eighty per cent of crime in my home town of Moree is carried out by juvenile offenders. Are they one-off events? No, the juveniles are habitual offenders, largely because the juvenile court system and the current legislation do not work. It is not working for my community and other communities and it certainly is not working for young people.

Three weeks ago I met with the Minister for Juvenile Justice about a program targeting significant people at risk—19 young people in Moree cannot fit into the school system and who are habitually before the courts. An activity-based and mentor-based program was devised by the Police and Community Youth Club and a number of non-government providers in the town at a paltry cost of $30,000 to the juvenile justice department, but it is in abeyance. Some good things the Government has done to support young people are not consistent; they are not recurrent. The Government has adopted a hit and miss, or what I call a scattergun, approach. The police and the court system in my community are extremely frustrated, largely because young people's experiences in court are like a never-ending piece of string. There is no level of personal responsibility.

Young people in our community have never experienced, let alone understand, what personal responsibility means. Every action should have some consequences and if we do not teach young people to accept consequences for their behaviour as they grow up we are failing them and our communities. The Leader of The Nationals moved the motion because he knows our communities are experiencing a trend of not only antisocial behaviour but also habitual reoffending that may be out of control, and it is undermining our communities. The Leader of The Nationals referred to the abuse of children. I have constantly referred to safe houses and truancy in this House, which will get a further run because the Government does not understand the extent of the problem. If it does, it does not tell anyone and it is certainly not doing anything about it. The Government does not collect local data so it cannot monitor trends and, therefore, it cannot give an appropriate response.

Children and young people do the wrong thing—we are not perfect—but action against habitual reoffenders must be tightened up. The one warning system is good because it involves intervention not just for the child but also for the families and the community. Agencies might be able to offer support. We need a little bit of tough love otherwise these problems will continue to become endemic. I support the motion moved by the Leader of The Nationals calling on the Government to recognise that its current legislation for juvenile offenders is ineffectual.

Mr THOMAS GEORGE (Lismore) [12.06 p.m.]: I support the motion moved by the Leader of The Nationals and commend him for his continual work to reduce juvenile crime since his election in 1999. It is disgraceful that only two speakers from the Government have taken part in the debate. The Government wants to lock up the children, but that is not the Opposition's solution to the problem of juvenile crime. The Opposition advocates early intervention. Young people must be held responsible for their actions. The member for Clarence referred to conferencing. Two years ago two young people who did not have a criminal record drove around Lismore with a baseball bat and smashed up cars.

A young owner of one of the cars asked me for help because his car was not insured and the offenders caused $3,000 worth of damage, which the owner had to borrow to repair his vehicle. He will be paying off that debt for the next four or five years. The two youths attended conferencing and because it was their first offence they were not made to take any responsibility for their actions. The home of Helen Wynd, a well-recognised person in Lismore, has been broken into two or three times. Ladies of her age in Lismore cannot hang out their washing without locking up their houses for fear that someone will enter the front door.

Ms Katrina Hodgkinson: That is disgraceful.

Mr THOMAS GEORGE: It is a disgrace and that is why these young people must be held responsible for their actions. We are not advocating that they be locked up in jail, but they must be made responsible. As the member for Clarence said, they should be made to go to the house or shop where they broke the window and clean the front of the premises for the next week or 10 days. Let them take some responsibility for their actions because until they do there will be an ongoing problem. The Government must realise that. This week it was proposed that parents be locked up if their children were not attending school, yet other offences that are committed throughout the State are let go and no action is taken against the offenders.

Another thing that must happen—and we have been working on it in the Lismore electorate and surrounding electorates that make up the Richmond local area command—is agencies working together. The privacy law must be changed so that agencies can work together. It is not just one department that is involved with these young people who are causing problems around the State; a number of agencies are involved. Until we get them working together to combat this problem and make the youths responsible for their actions we will be faced continually with young people running amuck. The problem must be addressed and I compliment the Leader of the Nationals, Andrew Stoner, on his continuing campaign to address the serious incidence of juvenile crime in regional and rural New South Wales. We will continue to call on the Government to amend the ineffective juvenile offender legislation. I compliment the member for Oxley on his motion.

Mr ANDREW STONER (Oxley—Leader of The Nationals) [12.11 p.m.], in reply: I thank the members for Clarence, Barwon and Lismore for their contributions. They spoke from experience and a genuine concern about this issue in their electorates. I thank also the members for Shellharbour and Wyong for their contributions, which were, however, a little bizarre. The member for Shellharbour read a speech that sounded like it had been prepared by a staffer from the Attorney General's office. The member for Wyong seemed a little confused. He said there was a problem with juvenile offending in his electorate but the Government was doing everything absolutely right.

One would think those two members would be the last people to vote against a motion that simply seeks, first, to acknowledge the seriousness of this issue throughout New South Wales and, second, to amend legislation, including the Young Offenders Act and the Parental Responsibility Act. Those two members really should back this motion. The member for Shellharbour might be interested to know that the regional statistics for 2006 show that there were 78 court appearances by juveniles in Shellharbour. There were 142 juveniles brought before the court in Wyong. If there is not a problem there—

Mr John Williams: They are asleep.

Mr ANDREW STONER: They must be asleep. The member for Shellharbour said the Opposition was carping and that juvenile offending was actually decreasing, not increasing. Nobody believes the Government's statistics. It is doctoring the health statistics at the moment. I recommend those two members get out of their ivory towers, visit country New South Wales and talk to people in those communities. As they think there is no problem I will refer to one edition of the Macleay Argus, which is a local newspaper in my electorate. It is dated 19 February this year. On page one it states:
      Three youths will appear in court this week after an alleged home invasion that left a 62-year-old man requiring surgery.

If we flip over the page, we read the following:
      Shane Cutting opened a new shop in Kempsey on Monday last week.
      By Wednesday morning half his stock had been stolen.

The next item down the page refers to a car carrying business and states:
      After climbing the fence beside the railway line, the offenders broke into the building to steal the vehicles.
      They broke open a locked container to get to the keys of the two cars and Mr Andrews said they also took keys to his business trucks.
      "The next problem will be the kids driving around in trucks," he said.

Over the page is another story headed "Mob attacks boys at home". It states:
      Two boys were attacked outside their West Kempsey home by up to 50 young males in broad daylight on Sunday afternoon, one of the victims said yesterday.
      Bricks and pieces of wood were thrown at the two teenagers and one of them was struck with a metal bar.

Despite that the Government is saying it does not want to support a motion that says there is an issue with juvenile crime. It does not want to support a motion to amend legislation to deal with the problem more effectively. In the past I have proposed earlier intervention by amending the Young Offenders Act. This proposal has come to me from police, who say this legislation is a joke—it is like a revolving door and kids are getting away with murder. The member for Shellharbour said there are diversionary options and youth justice conferences. That is great, but most of these kids do not get there because they get a warning or a caution and off they go and reoffend. We must deal with the problem earlier.

The member for Shellharbour also said the Government was piloting intensive supervision programs. Where is that? Is it where the problems are—in country communities—as I said in my initial contribution, particularly Aboriginal communities? It is being trialled in Western Sydney and Newcastle. When does country New South Wales get a look in with this Government? The member for Shellharbour then went on to say that there was no detail and we did not have any plans. I put forward a private member's bill three times; there is plenty of detail in that. The members for Barwon, Lismore and Clarence came up with some very sensible, practical solutions to the problem. There was plenty of detail—read the Hansard. I spoke about the "Breaking the Silence" report. This Government's response to that has been absolutely shameful.

Mr John Williams: Silence.

Mr ANDREW STONER: Silence on the "Breaking the Silence" report. There are no resources and no backing for the recommendations that would deal with a lot of these issues. It is unbelievable that the Government will vote against a motion that notes the serious incidence of juvenile crime in regional and rural areas and seeks improvements to legislation, including the Young Offenders Act and the Parental Responsibility Act. The Government is arrogant and out of touch.

Question—That the motion be agreed to—put.

The House divided.

Ayes, 33

Mr Aplin
Mr Baird
Mr Baumann
Ms Berejiklian
Mr Cansdell
Mr Constance
Mr Debnam
Mrs Fardell
Mr Fraser
Ms Goward
Mrs Hancock
Mr Hartcher
Mr Hazzard
Ms Hodgkinson
Mrs Hopwood
Mr Humphries
Mr Kerr
Mr Merton
Mr O'Dea
Mr Page
Mr Provest
Mr Richardson
Mr Roberts
Mr Smith
Mr Souris
Mr Stokes
Mr Stoner
Mr J. H. Turner
Mr R. W. Turner
Mr J. D. Williams
Mr R . C. Williams


Tellers,
Mr George
Mr Maguire
Noes, 53

Mr Amery
Ms Andrews
Mr Aquilina
Ms Beamer
Mr Borger
Mr Brown
Ms Burney
Ms Burton
Mr Campbell
Mr Collier
Mr Coombs
Mr Corrigan
Mr Costa
Mr Daley
Ms D'Amore
Mr Draper
Ms Firth
Ms Gadiel
Mr Gibson
Mr Harris
Ms Hay
Mr Hickey
Ms Hornery
Ms Judge
Ms Keneally
Mr Khoshaba
Mr Koperberg
Mr Lynch
Mr McBride
Dr McDonald
Mr McLeay
Ms McKay
Ms McMahon
Ms Meagher
Ms Megarrity
Ms Moore
Mr Morris
Mr Oakeshott
Mrs Paluzzano
Mr Pearce
Mrs Perry
Mr Piper
Mr Rees
Mr Shearan
Mr Stewart
Ms Tebbutt
Mr Terenzini
Mr Tripodi
Mr Watkins
Mr West
Mr Whan
Tellers,
Mr Ashton
Mr Martin

Pair

Mr GreeneMr Piccoli
Question resolved in the negative.

Motion negatived.


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