Family Conferences in the Juvenile Justice System of South Australia
Abstract
In 1993, South Australia enacted new legislation to deal with young offenders. This new legislation saw the implementation of recommendations made form a 1992 Select Committee Inquiry into Juvenile Justice. Rosanne McInnes, a Stipendiary Magistrate seconded to the Port Adelaide Youth Court throughout 1994, interpreted the legislation in the light of the Select Committee recommendations to allow the use of Family conferences as a sentencing option for young offenders. However, in late 1994, it was held that Family Conferences were not a sentencing option at all but rather a system of diverting young offenders away from the Criminal Justice system in the first place. In Part A of this article, McInnes sets out the history of diversion of young people away from the courts, the Select Committee recommendations, the one year experience of the Port Adelaide Court and the lessons learnt there. Finally she discusses the different interpretations of the legislation and reflects upon the propriety of Family Conferences as a sentencing option. In Part B, Sue Hetzel considers the role of the Family Conference Coordinator and the issues surrounding the success and limitations of Family Conferences.
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