Department of Child Safety, Youth and Women

Transfer of 17-year olds recommendations

The Review made 83 recommendations. These have been sorted into work programs for implementation.

Our objectives

Safely transfer 17-year-olds to the youth justice system in a way that supports:

  • the best interests of young people
  • safety and security in detention centres.

The way forward

To achieve this we will:

  • establish rigorous risk assessment and information sharing processes
  • establish a transparent decision making process about transfer decisions
  • ensure young people subject to transfer decisions have access to legal advice and can appeal transfer decisions.

Recommendations

Recommendation 3 (status: complete)

The Review recommends that the Principles set out 1-4, 6.3 and 6.4 of ‘Youth detention – Transfer of a young person policy’ should be applied to 17-year-olds transferring from prison to youth detention. (7.R1)

The Youth Justice (Transitional) Regulation 2018 (the Regulation) provides for the arrangements to transition 17-year-olds into the youth justice system.

The principles set out 1-4, 6.3 and 6.4 of the Youth detention – Transfer of a young person policy will be applied.

Recommendation 4 (status: complete)

The Review recommends that legal advice and support should be provided to individual 17-year-olds who are the subject of transfer orders. (7.R2)

The Regulation includes provisions that require the chief executive to provide assistance to those who request access to legal advice in relation to the review of a transfer decision.

This has been embedded in procedural documents.

Recommendation 5 (status: complete)

The Review recommends that the YJOLA Act regulations should include that 17-year-olds are able to review or appeal a transfer decision without undue delay. (7.R3)

Provisions in the Youth Justice (Transitional) Regulation 2018 enable 17-year-olds to ask for an internal review of a transfer decision without undue delay. If a 17-year-old is not satisfied with the outcome of the review they can talk to the Ombudsman.

Recommendation 6 (status: complete)

The Review recommends that information sharing between prisons and youth detention centres should include security classifications with supporting documentation, details of any existing support services and health needs of the 17-year-old to facilitate the re-implementation of these supports upon transfer. (7.R4)

The finalised practice instruction for the transfer of 17-year-olds from Queensland Correctional Centres to youth detention centres includes information sharing guidelines.

Recommendation 8 (status: in progress)

The Review recommends that YJ should be provided with adequate funding and staffing levels to respond to the needs of 17-year-olds to be transferred in the next 12 months and 16-year-olds who form part of the future client cohort. (7.R6)

Is your feedback

Please submit your comments on the department's Compliments and Complaints section.

Please submit your comments on the Queensland Government website Contacts form.