Changing the Culture of Alcohol Use in New South Wales

May 2004

Section 9: Alcohol and the Justice System

A. Principles for the criminal justice system
B. Evidence based approach
C. Drug and alcohol treatment
D. Court based diversion
E. Adult and young offenders
F. Aboriginal communities
G. Alcohol related violence prevention
H. Legislative frameworks
I.  Interventions and transition
J. Driving related initiatives
K. Resourcing

A. PRINCIPLES FOR THE CRIMINAL JUSTICE SYSTEM

Government Response

The Government recognises the complexity of tackling the underlying causes of crime, drug abuse and alcohol abuse.

Both the 1999 Drug Summit and the 2003 Summit on Alcohol Abuse highlighted the complex nature of the issues associated with addictive behaviours and their causes. The work of the Bureau of Crime Statistics and Research has also contributed extensively to a greater understanding of the causation of crime, particularly through research such as the Bureau’s 2001 report What Causes Crime?

It is recognised that there are no simple solutions to crime, alcohol and drug abuse. If these issues are to be tackled effectively strategies must be integrated, multi faceted, sustained and evidence based. The Government’s response to the Summit on Alcohol Abuse has been prepared on this basis. It continues the approach taken following the Drug Summit and, more recently, the Obesity Summit.

The Government recognises that many of the causes and solutions associated with crime, drug abuse and alcohol abuse are dependent on external matters, particularly the policies of national governments in dealing with the economy, society, border protection, employment and social programs. National approaches can at times have a significant adverse or positive impact on outcomes for cities, rural communities, families and young people. Where the effect is adverse, the capacity of the State Government to influence such outcomes is reduced.

Government Response

All statutes and regulations developed by the Government as a result of the Summit on Alcohol Abuse will be assessed for their likely impact on the Aboriginal community and on culturally and linguistically diverse communities.

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B. EVIDENCE BASED APPROACH

Government Response

The Government is committed to an evidence based approach to the development and implementation of drug and alcohol policy and programs. Rigorous evaluation of programs is critical to ensure that initiatives are properly targeted and working well, and that the Government and community investment in these enterprises is executed effectively and with integrity.

As with programs under the 1999 Drug Summit, all key new programs and changes to existing programs to deal with offenders where alcohol is a factor in their offending will be fully evaluated.

Part of this evaluation will be ongoing monitoring and reporting to the Government. The Office of Drug Policy, established within The Cabinet Office to oversight implementation of the Government’s response to the Drug Summit, has been retitled the Office of Drug and Alcohol Policy. This Office is responsible for oversighting implementation of the Government’s response to the Summit on Alcohol Abuse recommendations. Progress will be monitored by the reconfigured Cabinet Standing Committee on Drugs and Alcohol.

Government Response

The Minister for Police will establish an interagency Alcohol Related Crime Intelligence Working Party. Refer to Recommendations 8.69, 8.70, 8.72 and 10.13.

Government Response

The Department of Corrective Services collects data on reception to identify any risk factors and determine treatment pathways. It works closely with the Corrections Health Service to gather health information to assist with the management of offenders.

In addition, the Department of Corrective Services has introduced a new validated assessment tool for use in custodial and community settings to identify the risk of re-offending and the effectiveness of interventions. This is called the Level of Service Inventory - Revised (LSI-R). It is now used in relation to all offenders on community based orders and will be phased in for use in all corrections centres by mid 2005. In this assessment process, offenders are interviewed with information subsequently verified through associates such as family and employers. The new tool is part of the Department’s offender management system and contains two specific questions on alcohol use and the relationship between this use and risk of re-offending.

In the Juvenile Justice system, young offenders entering custody are screened for a health assessment by the Corrections Health Service. This assessment covers physical and mental health including alcohol and drug use. Ninety percent of young people in custody already receive an Alcohol and Other Drug Short Form Assessment upon admission.

The Department of Juvenile Justice is reviewing the findings of its January-February 2003 Young People in Custody Health Survey, including implications for more effective screening of young people based on prevalence data. This screening may be adapted for community based clients. The survey will be published in early 2004.

The Young People on Community Orders Health Survey, currently in its early stages, will shed more light on the necessity of such screening. It is anticipated this survey will be finalised for publication in late 2005.

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C. DRUG AND ALCOHOL TREATMENT

Government Response

Drug and Alcohol services supporting courts and the police have been considerably expanded over the past four years since the 1999 Drug Summit, and as a result of the Commonwealth/ NSW National Illicit Drug Strategy Diversion Agreement.

Drug and Alcohol Services directly supporting diversion programs now amount to almost $40 million over the next four years under the new National Illicit Drug Strategy Diversion Agreement for 2003/04-2006/07.

Under the National Illicit Drug Strategy Diversion Agreement, there will be new programs for adult offenders with alcohol related problems. In addition to a new alcohol diversion scheme to be trialled in the mid West at the Orange and Bathurst Local Courts, the new Magistrates Early Referral Into Treatment (MERIT) program at Broken Hill will also target adult offenders with alcohol problems. Details are included at Recommendation 9.14.

To ensure that drug and alcohol treatment services are distributed to best respond to individual and community needs, NSW Health will review the current level of drug and alcohol related harm and the need for treatment state-wide against existing drug and alcohol treatment services. The results of this review will enable better planning and more flexible targeting of clinical services to areas of need, including population groups with specific needs. This will enhance access to services and better support the Government’s Diversion Program, including adult and young offenders who may elect voluntarily to access treatment.

The review will be completed and implemented during 2005 and will form the basis for a new NSW Drug Treatment Services Development Plan 2006-2015. This plan will be published by NSW Health in 2006. Refer to Recommendation 3.6.

D. COURT BASED DIVERSION

Government Response

There are four key existing court based diversion schemes in New South Wales: the Magistrates Early Referral Into Treatment (MERIT) program, Wellington Options, Youth Drug Court, and the Adult Drug Court. Each scheme has been considered on a case by case basis as follows:

§          MERIT will be trialled for extension to offenders with alcohol issues through two ways. A specialist Rural Alcohol Diversion Scheme for alcohol related offenders will be piloted at Bathurst and Orange Local Courts. The new MERIT program at Broken Hill Local Court will also be extended to include offenders with alcohol related issues. Both programs will be funded under the Commonwealth/State National Illicit Drug Strategy Diversion Agreement.
§          Wellington Options, a specialist MERIT style program for the Wellington community, already covers adult and young offenders with alcohol problems coming before the Wellington Local Court.
§          The Youth Drug Court already covers young offenders with problematic drug and alcohol related behaviour and dependency. The program targets both licit and illicit drug use, including the use of inhalants, binge drinking, and injecting drug use.
§          The Adult Drug Court is not considered an appropriate model for dealing with offenders with an alcohol abuse problem who have committed alcohol related offences (see response to Recommendation 9.12 below).

Government Response

The Government supports this recommendation and has renamed the program as the Youth Drug and Alcohol Court.

Government Response

The Attorney General has advised that the proposal to extend the Drug Court’s role was considered by the senior officers Drug Court Monitoring Committee when it met in September 2003. The Committee is chaired by the Attorney General’s Department.

The Attorney General has advised that the Committee did not endorse extension of the role of the Court for a wide range of reasons including:

§          The category of offenders dealt with by the Court. Drug Court clients are non-violent illicit drug dependent offenders predominantly convicted of acquisitional crimes. Alcohol related offenders facing custodial sentences are typically persons who have committed violent offences including domestic violence or are repeat drink drivers.
§          The need for quite different treatment responses. Clinicians have advised that offenders with serious alcohol problems require significantly different treatment interventions and should not generally be combined with illicit drug offenders.
§          The existence of appropriate court based intervention programs for two identified groups of alcohol related offenders. Programs such as Alcohol Interlock Program, Sober Driver Program and the Traffic Offender Program are available for drink drivers. The Probation and Parole Service of the Department of Corrective Services also conducts anger management programs for violent offenders.
§          The view that non-dependent alcohol related offenders may be better dealt with in pre-sentence programs such as MERIT.

Government Response

The Government has established a continuum of diversion programs to deal with young offenders coming into contact with the criminal justice system. These programs provide a range of interventions and treatment responses depending on the seriousness of the offence and the treatment needs of the young offender.

Young offenders, who commit less serious offences, including alcohol related offences, may be diverted from the criminal justice system by police or the Children’s Court under the Government’s Young Offenders Act 1997 through a scheme of police warnings, formal cautions and youth justice conferences. More serious offenders with drug or alcohol related problems may be dealt with in the Youth Drug and Alcohol Court and be referred to judicially supervised treatment and other programs.

The Attorney General and the Minister for Juvenile Justice will review the current range of juvenile diversion programs and report to the Cabinet Standing Committee on Drugs and Alcohol with proposals to address any obstacles to participation in those programs by young offenders who may be diverted from custodial sentences. The particular needs and difficulties of Aboriginal young offenders will also be reported on.

The Government will also trial an Intensive Court Supervision Pilot Program at Brewarrina and Bourke to target high risk young people who are recidivists and link them to treatment, welfare, education and employment opportunities. Refer to Recommendation 9.20.

Government Response

The Government will trial a new diversion scheme in the mid West for adult offenders with alcohol problems coming before the Orange and Bathurst Local Courts.

The Rural Alcohol Diversion Pilot will be based on the successful Magistrates Early Referral Into Treatment (MERIT) program and aim to stop offenders’ alcohol use and related offending. Offenders will be assessed and referred to treatment in a three month judicially supervised program which will:

§          expand existing alcohol focussed residential treatment programs
§          fund detoxification services
§          provide brokerage funds to purchase additional treatment services
§          engage case workers to provide case management, counselling and group programs.

This pilot is being funded under the Commonwealth/NSW National Illicit Drug Strategy Diversion Agreement for 2003/04-2006/07.

Also under the National Illicit Drug Strategy Diversion Agreement, the MERIT program will commence in Broken Hill during 2004 and extend to offenders with alcohol related issues as well as those with illicit drug problems. Offenders will be referred to treatment and other support services to put an end to their offending behaviour and drug and/or alcohol use.

Both programs will be evaluated from mid 2005 with a view to possible expansion to other local courts if there is evidence to support this.

Government Response

See response to Recommendations 9.7-9.9 and 9.26

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E. ADULT AND YOUNG OFFENDERS

Government Response

The Government supports this recommendation. The Children’s Court already mandates community based treatments under s.33 of the Children (Criminal Proceedings) Act 1987 in summary cases and indictable cases which may be dealt with summarily.  

The Department of Juvenile Justice’s community based Alcohol and Other Drugs Program provides services to help young offenders deal with problematic drug and alcohol use related to their offending behaviour.

The Department provides a community based and state-wide Drug and Alcohol Counselling Service to work with young offenders to reduce the harm associated with alcohol and drug use. These counsellors provide assessment, individual counselling and group programs including No More, a specialist group program for young Aboriginal offenders which deals with alcohol related violence.

Eleven of these counsellors are in rural localities at Lismore, Kempsey, Tamworth, Gosford, Bateman’s Bay, Riverina, Orange, Dubbo and Broken Hill. Over 900 young people have received drug and alcohol counselling interventions from these rural counsellors.

The Government will enhance this program over the next three years by an additional six counsellors in priority areas in the Southern, Illawarra, Hunter and Western regions of New South Wales. This program receives funding under the Commonwealth/NSW National Illicit Drug Strategy Diversion Agreement for 2003/04-2006/07.

The Department of Juvenile Justice is currently developing new community based programs that will deal with drink driving by young male offenders and also alcohol and drug use during pregnancy. The Department will also be developing programs for young Aboriginal people about binge drinking prevention, alcohol overdose prevention and positive parenting for both young men and women who use alcohol and drugs. 

The Our Journey to Respect program, an intergenerational violence prevention program for young Aboriginal men, will continue to be rolled out across the State and will be expanded to include female young offenders.

The Department of Juvenile Justice also operates a Community Funding Program (CFP) to reduce re-offending by dealing with offenders’ alcohol and drug issues, living situation, employment and training prospects, including a Post-Release Support Program, accommodation services, Local Offender Programs and Alcohol and Other Drug Programs to increase their capacity to manage their lives and reduce their alcohol and drug use.  

The Department resources the Ted Noffs Foundation’s Adolescent Rural Rehabilitation Programs at Dubbo and Coffs Harbour for young offenders. The Government will expand these two services during 2004 to accommodate an additional 16 young offenders each year who need treatment. These programs also receive funding under the National Illicit Drug Strategy Diversion Agreement.

Government Response

The Government is committed to the principle of ensuring that offenders released from detention are supported as they rebuild their lives in the community.

The Minister for Juvenile Justice and the Minister for Health are developing proposals to trial a pilot Juvenile Justice Detention Release and Treatment Scheme in one rural location in Western New South Wales.

These trials will be based on partnerships between local government and non-government services and linked to the Children’s Court, and involve development of a treatment assessment model based on the Court Liaison Service. This will be developed with the Attorney General’s Department, Aboriginal Medical Service and local communities.

The proposal will be progressed jointly by the Department of Juvenile Justice, Corrections Health Service and NSW Health. It is intended that the Government consider proposals for the trial in early 2005.

Government Response

The Government has implemented a comprehensive Diversion Program which provides a range of responses and diversionary options for alcohol related offenders.

Young people with alcohol problems may be dealt with under the Young Offenders Act 1997 and through the Youth Drug and Alcohol Court, including diversion to supervised treatment and other support. This year, the Government will also consider the extension of Circle Sentencing to young offenders (Rec. 9.25).

For adult offenders with alcohol problems, the Government will be undertaking a Rural Alcohol Diversion Pilot in the Orange and Bathurst local courts as well as expand the new MERIT program at Broken Hill to also deal with alcohol related offenders (Rec. 9.14). In addition, the existing Circle Sentencing program for adult offenders will be extended to five further Aboriginal communities from 2004 (Rec. 9.25).

The Government will continue to monitor and rigorously evaluate these programs with the aim of ensuring there is a continuum of diversionary options in the criminal justice system for offenders with drug and/or alcohol problems.

Also refer to Recommendation 9.26.

Government Response

The Government agrees high risk repeat offenders should be readily identified to ensure interventions and treatment are effectively targeted.

To enhance this capacity, the Department of Corrective Services has introduced a new assessment process which will enable more effective identification of high risk repeat offenders, including those where offending is the result of alcohol use, and help delineate what treatment and support the offender requires to reduce the risk of re-offending. Further details are at Recommendation 9.6.

To support the management of offenders who abuse alcohol, the Department of Corrective Services provides core Alcohol and Other Drugs Awareness programs, Relapse Prevention programs, an Indigenous Alcohol and Violence Prevention Program and hosts the Alcoholics Anonymous 12 Step Program. A new Drug and Alcohol Addiction program and Relapse Prevention program is being developed for offenders with dependency problems including community based offenders.

Aboriginal offenders may also access the alcohol specific No More Grog program and comic strip resources which provide culturally appropriate versions of alcohol and drug information. A specialist Aboriginal alcohol and violence program for adult offenders has been developed in association with Aboriginal stakeholders. Programs have also been developed with local Aboriginal communities for community based offenders with violence, alcohol and drug abuse problems, including Rekindling the Spirit in Lismore and Walking Together in Newtown/Redfern. The Minister for Corrective Services will report to the Government on the operation and impact of these programs by the end of 2005.

A new program that targets alcohol use has been established for adult offenders with intellectual disabilities. This program has been designed to communicate key learning points in visual and concrete ways that may be more readily understood by these offenders.

In the juvenile corrections system, a new assessment process has been in place since October 2002 to better assess a young offender’s risk of re-offending and improve case planning. A key factor considered in this assessment is the young offender’s alcohol and drug use. The Department of Juvenile Justice’s Alcohol and Other Drug Counsellors also provide a mainstream “Managing Substance Use” group program which includes dealing with alcohol use related to crime.  

In addition, three new programs are being implemented called ACE (Adolescents Cope with Emotions), Targets for Effective Change and Reasoning and Rehabilitation to directly target the criminal behaviour of young offenders by reducing risk factors associated with youth crime such as alcohol use. The existing No More and Our Journey to Respect programs for Aboriginal male young offenders will also be expanded to include female young offenders.

Government Response

The Government will give serious consideration to proposals that are being developed for a two year trial of an Intensive Court Supervision Program in the rural centres of Brewarrina and Bourke.

It is proposed that each trial will be a predominantly pre-sentence program which will target 40-45 high risk persistent young offenders, including those where alcohol has been a factor in their criminal behaviour. These young offenders would be referred by the Children’s Court to treatment and welfare interventions, including treatment for alcohol problems and reconnection with education and vocational training programs. These proposals are being developed in consultation with local communities and Aboriginal Elders.

Government Response

In November 2003, the Special Minister of State announced that the Government would be extending state-wide the Sober Driver Program which has been successfully trialled in Sydney’s West, Wollongong and Port Macquarie.  

This $1.9 million program for repeat drink driving offenders provides courts with a new sentencing option in addition to fines and other sentences. The program is designed to deal with drink driving behaviour and provides offenders with the skills to prevent a relapse. An independent assessment of the trial found that the program can reduce repeat behaviour.

The state-wide expansion of the program commenced in July 2003 and will be available to all local court magistrates through the State’s 59 Probation and Parole District Offices. The full nine week program has now been delivered in over 35 District Offices. An intensive three day program for those living in more remote rural locations has been piloted in three areas and will be available by mid 2004.

The program will be administered by the Department of Corrective Services’ Probation and Parole Service in partnership with the Roads and Traffic Authority and the Motor Accidents Authority. The Department will also trial a version of the program for offenders in custody by mid 2004.

The Minister for Corrective Services will commission an independent evaluation of the program with a report to the Government by mid 2006.

Government Response

The Attorney General will review eligibility criteria with particular reference to the potential for diversion programs supported by treatment services for offenders and defendants with alcohol related problems.

F. ABORIGINAL COMMUNITIES

Government Response

The Government concurs with this recommendation which is consistent with the NSW Police Aboriginal Strategic Direction 2003-2006. Two of the key objectives of the strategy are to strengthen communication and understanding between police and Aboriginal people and reduce Aboriginal people’s contact with the criminal justice system.

The Commissioner for Police will review the NSW Police Constable Education Program and the Police Intranet’s Aboriginal Knowledge Map to ensure they include best practice directions on alternatives to detention for intoxicated persons and how these options may be communicated to Aboriginal communities.

Each Local Area Command will be required to include in its Aboriginal Action Plan a strategy for community education with regard to the criminal justice system and police powers, including alternatives to detention for intoxicated persons. These plans will be developed in consultation with Local Area Command Aboriginal Consultative Committees.

This will be supported by Local Area Commanders establishing community education and awareness forums on police powers, including alternatives to detention. These forums will be established by the end of 2004. Consideration will also be given to other information resources that could be available to local communities.

Local Area Commanders will be supported in this work by the 56 Aboriginal Community Liaison Officers who currently operate in 38 rural, outback and city police patrols such as Bourke, Wilcannia, Redfern, Mt Druitt, Lismore and Batemans Bay.

Government Response

The Public Employment Office in the Premier’s Department has commenced a review of all Pre-Employment Checks currently undertaken by government agencies for completion by the end of 2004.

As part of this review, the Office will work with the Attorney General’s Department, the Aboriginal Justice Advisory Council and agencies to review employment policies and protocols concerning prior convictions for minor alcohol related offences and will provide an assessment of their impact on the employment of Aboriginal people or access by Aboriginal people to Government funded programs.

Currently, the Government’s Personnel Policy specifies that departments may authorise criminal record checks on candidates when selecting for sensitive positions.

Defining ‘sensitive’ is a matter for the department head but consideration is given to matters such as the employee's potential access to people's homes or disabled people or employment screening under the Commission for Children and Young People Act 1998. Checks are carried out by the NSW Police Criminal Records Section, which maintains criminal records that relate to offences in New South Wales.  

As a result of this review, new policies and procedures will be included in the Premier’s Department Personnel Handbook to direct the employment selection processes of government agencies.

Government Response

The Government has already taken steps to expand the Circle Sentencing program.

Circle Sentencing for Aboriginal adult offenders was introduced in Nowra in February 2002 and extended to Dubbo in August 2003. It is currently being extended to Brewarrina and Walgett. Since the commencement of this program, 40 offenders have been sentenced under this program with only one individual re-offending.

Circle Sentencing will be expanded to a further five Aboriginal communities from 2004: at Bourke, Lismore, Kempsey, Tamworth and Armidale, enabling Circle Sentencing to be available in a total of nine critical locations across rural and regional New South Wales. The program will be evaluated over the next two years by the Bureau of Crime Statistics and Research.

Proposals for a youth Circle Sentencing model to trial in a priority rural location will be developed by the Aboriginal Justice Advisory Council, in partnership with the Attorney General’s Department, Legal Aid Commission of NSW and the Department of Juvenile Justice. Proposals, including legislative proposals, are expected in early 2005 and will be carefully considered by the Government.

These proposals will be linked to the court based diversionary scheme for juveniles under the Young Offenders Act 1997 which operates on the same restorative justice principles as Circle Sentencing. Under this scheme, eligible young offenders, including those with alcohol related problems, may be diverted to youth justice conferencing. The youth Circle Sentencing proposals will aim to broaden the range of diversionary options available under this legislation.

Also refer to Recommendation 8.16.

Government Response

NSW Police currently have common law discretion and powers to caution individuals for offensive language and/or behaviour in appropriate cases. NSW Police also already have statutory powers to warn and caution young people under the Young Offenders Act 1997.

In addition, in 2001 NSW introduced the Cautioning Aboriginal Young People Protocol, a corporate state-wide strategy which allows for police to train respected Aboriginal community members to issue cautions under the Young Offenders Act 1997. Since then the Protocol has been applied in a number of Local Area Commands in the Western and Northern Region. An evaluation is currently underway to assess the extent and effectiveness of the Protocol in these Local Area Commands.

During 2004, the Police will continue to encourage the use of the Cautioning Aboriginal Young People Protocol in all Local Area Commands with a significant Aboriginal population and continue to monitor and evaluate its efficacy. Community Justice Groups will participate in the issuing of cautions under the protocol and which will be evaluated for wider use and application with regard to adult offenders. (Also refer to Recommendation 9.18.)

Government Response

Since 1998, the Government has established patrols in communities across New South Wales including Wilcannia, Brewarrina, Armidale, Campbelltown, Casino, Kempsey, Newcastle, Coffs Harbour and Nowra.

Since the Summit on Alcohol Abuse, patrols have also commenced at Bourke and Dubbo. The Government is proposing to establish further community patrols in communities such as Condobolin, Coonamble and Walgett.

In addition to these Patrols, the Government also funds Streetbeat youth outreach activities in Ballina, Moree, Taree, Hawkesbury and Redfern. The potential for the Streetbeat model to be applied to community patrols will be considered in the Attorney General’s evaluation of the Community Patrols program which will report in 2005.

The Government has also recognised the effectiveness of Aboriginal Community Justice Groups in helping communities tackle drug and alcohol abuse and domestic violence and has already established five Aboriginal Community Justice Groups at Lismore, Grafton, Maclean/Yamba, Mt Druitt and Toronto.

From 2004, the Government will establish a further nine Aboriginal Community Justice Groups at Dubbo, Bourke, Kempsey and Wollongong and other priority Aboriginal communities to be determined.

With regard to community based cautions, refer to response at Recommendation 9.26.

Government Response

Refer to response at Part J of Section 8.

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G. ALCOHOL RELATED VIOLENCE PREVENTION

Government Response

The Government strongly supports the current statutory regime under Part 15A of the Crimes Act 1900 which establishes powers for the courts to give orders for the protection of victims of domestic violence, including alcohol related domestic violence. The Government is committed to considering further measures that may enhance the capacity of the courts to provide this protection.

At present, the courts are empowered to make orders on the perpetrators of domestic violence which prohibit or restrict that person’s actions. The courts may also issue a warrant for that person’s arrest to protect the personal safety of the victim.  

The Attorney General has referred the issue of empowering the courts to order domestic violence defendants to undertake compulsory alcohol treatment to the Apprehended Violence Legal Issues Coordinating Committee. This Committee is chaired by the Criminal Law Review Division of the Attorney General’s Department and includes the Chief Magistrate with representatives from NSW Police, Department of Community Services, Department of Corrective Services, Office of the Public Prosecutor, Judicial Commission of NSW, NSW Legal Aid Commission and community representatives. NSW Health will also be consulted with regard to the impact on local treatment services.

This Committee will be asked to report by early 2005 on legislative proposals to amend the Crimes Act 1900 to link drug and alcohol treatment with the way defendants may be dealt with under Part 15A of the Crimes Act 1900 where drug and alcohol abuse is a factor.

Government Response

The NSW Government’s Strategy to Reduce Violence Against Women has resulted in a range of alcohol related violence prevention initiatives to increase the safety of women in public places and licensed venues. It is coordinated by the Violence Against Women Specialist Unit in the Attorney General’s Department.

The Violence Against Women Specialist Unit has worked closely with local government to promote the implementation of projects such as Safer Times (Pubsafe) at Bathurst and the Safer Times ‘Round Albury Wodonga (STRAW) project which have award schemes to reward licensed premises for action taken to make venues safer for women.

The Unit has conducted training sessions for Crime Prevention Officers from 40 local councils and published on its web-site resources to help councils, community organisations, licensed premises and licensing authorities implement such projects.

The Violence Against Women Specialist Unit will continue to work with local government and communities to promote these local crime prevention opportunities.

Government Response

The Government’s Children (Protection and Parental Responsibility) Act 1997 expressly prohibits police from removing at-risk children found in public places and escorting them to a police station. Part 3, s23(1) of the Act.

The Act provides that police may escort a child to the residence of a parent or carer if satisfied this is a safe environment and in the child’s best interests (s.22 and s.23). If this is not possible, police may escort the child to the residence of a close relative nominated by the child. If this also cannot be arranged, police may place the child in the care of the Director-General of the Department of Community Services or an approved person.

The May 2001 evaluation of Part 3 of the Act by PPK Environment and Infrastructure Pty Ltd found that in the Act’s four operational areas of Ballina, Coonamble, Moree and Orange, 466 at-risk children and young people were removed from public places by police during 1998-2001. Of these, police placed 446 in the care of a parent or relative with the remaining 20 placed into the care of the Department of Community Services or other care situation.