Justice Reinvestment Policy Brief: Yiriman Youth Justice Diversion Program
Tim Redfern
The Yiriman Youth Justice Diversion Program (YYJDP) is a community-based youth
diversionary program run by the Kimberly Aboriginal Law and Culture Centre (KALACC) in
the Kimberley region of Western Australia (WA). Funded by the WA Department of
Corrections, it targets at-risk youth who have come into contact with the justice system, and
attempts to divert them towards healthier behaviours and lifestyles through traditional
culture-centred practice.1 The YYJDP is an expansion of the highly successful ‘Yiriman
Project,’ on which it is substantially based, but is more specifically aimed at youth diversion
away from negative justice outcomes and aims, if funding is approved beyond 2017, to be
much larger in cultural and geographical scope.
The YYJDP, like the Yiriman Project, is based on the culture and traditions of the Southern
Law Tradition, an Aboriginal ‘culture block’ of four closely related language-tribal groups
native to the southern Kimberley: the Nyikina, Mangala, Karajarri, and Walmajarri.
Following the success of the Yiriman Project over the last 15 years, the KALACC are now
seeking government support and funding to expand the YYJDP to the other four major
‘culture blocks,’ or Aboriginal language-tribal groups, across the Kimberly.
As part of the WA Government’s consideration of this request for increased funding, this
brief will assess the potential for the YYJDP to succeed in its goals and objectives, by closely
examining the theory of change that underpins the YYJDP and its evidence of past success in
the Yiriman Project. This brief will then discuss how the outcomes of the YYJDP may be
evaluated, and will address relevant policy and political issues relevant to its funding or
implementation.
The YYJDP and the Yiriman Project: History, Activities, Outcomes/Goals
The Yiriman Project was developed in 2000 by Elders from the languages groups comprising
the ‘Southern Law Tradition’ (Nyikina, Mangala, Karajarri, and Walmajarri) in the
1
Wes Morris, ‘Yiriman Youth Justice Diversion Program: Business Plan 2016,’ 2016, pp. 3; 5.
Kimberley region of WA. The Kimberley represents a vast region with five separate distinct
‘culture block’ with their own tribal and linguistic groupings, kinship ties, and customary
laws.2 The program is based in Fitzroy Crossing, and arose as a response to the social
problems affecting Aboriginal youth in the Kimberley, such as high rates of alcohol and drug
abuse, contact with the justice system, self harm and suicide, and loss of cultural identity. The
Elders behind the Yiriman Project developed it as a way to separate youth from these
negative influences, and reconnect them with their culture and identity in culturally
significant places. 3
The YYJDP shares the same activities and principles of practice as the Yiriman Project, but
differs in its targeting of youth specifically at risk of negative justice outcomes (rather than
‘troubled youth’ in general), and its source of funding. Whereas the Yiriman Project has been
funded by a variety of state and federal (and private) sponsors, the YYJDP is funded only by
the WA Department of Corrections. Aside from its funding and its specific orientation
towards justice diversion, the other main difference between the Yiriman Project and the
YYJDP is the latter’s proposed implementation as a scalable and transferable project for all
five cultural blocks across the Kimberley. 4
This ‘on-Country’ program is delivered in traditional languages in remote bush locations of
cultural significance. Its activities consist of a five-day bush trek, and then a six week ‘Care
for Country’ camp program to develop job skills in land management.5 The treks usually
consist of large groups (50 – 100 people) across at least three generations, walking up to 20
kilometres per day. During these on-country camps and treks, the young people in the
program develop their knowledge of their languages, and participate in ‘visiting ancestral
sites, storytelling… traditional song and dance… ceremony and law practices, teaching
traditional crafts, tracking, hunting, and preparing traditional bush tucker, practicing bush
medicine, and passing on knowledge to the younger generations.’ 6
2
Morris (2016), p. 26.
Yiriman Project Website, ‘Yiriman Story,’ http://www.yiriman.org.au/yiriman-story/ (retrieved on 23 August
2016).
4 Morris (2016), p. 4.
5 Morris (2016), p. 3.
6 Yiriman Project Website, http://www.yiriman.org.au/yiriman-story/.
3
The YYJDP funding proposal specifically markets the goal of the YYJDP as “to reduce the
rate at which Aboriginal youths in the Kimberley come in to contact with the juvenile justice
system.”7 However, given its substantial similarity with the activities and practices of the
Yiriman Project, it is worth noting the variety of outcomes and goals that the Yiriman Project
aims to achieve. According to the Project’s first coordinator, Peter Ljubic, the primary
objectives of the Project are ‘building stories in our young people,’ and ‘creating a space for
knowledge of country to be transferred between old people and young people.’ 8 Another
coordinator, Michelle Coles, described the outcomes of the Project as ‘a holistic approach
about re-inscribing identity and building resilience’ through ‘exercise, food gathering, eating
well, avoiding drugs and alcohol, practicing positive recreational activities, spending
intensive and valuable time with family, learning and teaching from each other in respectful
ways.’9
In the eyes of outsiders, the YYJDP is frequently affirmed as a powerful and transformative
program for Aboriginal youth, although for different reasons than those cited by Elders and
program coordinators. In a series of forty case studies of young people who participated in
the YYJDP, Palmer notes the frequency with which magistrates in the Kimberley refer young
offenders to the program, with at least one magistrate considering it more capable at
‘minimising young people’s contact with the justice system… than most other diversionary
and sentencing options.’ 10 Palmer’s case study analysis concludes that there is very strong
evidence that the YYJDP has diverted many participants away from ‘living conditions that
create depression and despair,’ minimalizing their contact with the justice system, providing
‘nurturing,’ helping people into paid employment and positions of community leadership.
Palmer reports that the YYJDP “divert[s] [young people’s] attention to positive cultural
development and away from crime, antisocial behaviour and drugs and alcohol.”
Potential for Success: Theory of Change and the Complexities of Aboriginal Youth
Crime
7
Morris (2016), p. 5.
Dave Palmer, ‘‘We know they healthy because they on country with old people’: Demonstrating the value of
the Yiriman Project,’ Community Development Program, Murdoch University, 2013, p. 13.
9 Palmer (2013), p. 13.
10 Palmer (2013), p. 122.
8
The consideration of the KALACC’s request for increased funding to expand the YYJDP
across the entire Kimberly depends on the potential of the program to deliver successful
justice reinvestment outcomes: namely, reducing offending and reoffending rates.
Understanding the potential for the program’s success requires understanding the theory of
change that underpins the project. According to Dave Palmer’s 2010-2013 evaluation of the
Yiriman Project, there is a strong body of research to suggest ‘a direct correlation between
‘on-country’ activity and cultural practice, and crime prevention.’11 Accordingly, “if one
accepts a) that all young people attending Yiriman activities are ʻat riskʼ, b) that there is a
direct cause and effect relationship between on-country activity and youth diversion” then “it
follows that participation in Yiriman trips are likely to represent a strong antidote to crime
and incarceration.”12
Palmer cites research mainly from suicide-prevention studies which demonstrate the
importance of cultural practice in reducing suicide risk factors. Much of this research into
suicide prevention in Aboriginal communities can be transferred to theories of crime
prevention in Aboriginal communities, especially when the social causes of suicide and crime
are similar.
In discussing the causes of high rates of mental illness, substance abuse, and suicide among
Aboriginal youth, Silburn, Glaskin, Henry and Drew (2010) note the role of such factors as
cultural dislocation, personal trauma, racial discrimination, alienation and exclusion. 13 Tatz
(2001) also suggests that the processes of colonisation and decolonisation have left
Aboriginal youth with a profound sense of frustration, alienation, and distress. He notes that
suicide rates in Aboriginal communities are largely attributable to ‘lack of a sense of purpose
in life; lack of recognised role models and mentors… disintegration of the family; lack of
meaningful support networks within the community; high community rates of sexual assault
and drug and alcohol misuse; …the persistent cycle of grief due to the high number of deaths
within communities; and poor literacy levels leading to social and economic exclusion and
11
Palmer (2013), p. 40.
Palmer (2013), p. 40.
13 Sven Silburn, Belle Glaskin, Darrell Henry and Neil Drew, “Preventing Suicide among Indigenous Australians”
in Nola Purdie, Pat Dudgeon and Roz Walker (eds.), Working Together: Aboriginal and Torres Strait Islander
Mental Health and Wellbeing Principles and Practice, Australian Government Department of Health and
Ageing, 2010, p. 95.
12
alienation.’14 Robert Parker (2010) links the causes of suicide, mental health issues and
substance abuse directly to high crime rates among Aboriginal youth in his analysis, citing a
study of Aboriginal and Torres Strait prisoners that found very high rates of PTSD, substance
abuse, loss of identity, acculturation stress and/or ‘spiritual sickness’ among Indigenous
prisoners.15 Particularly regarding violent crimes, Parker notes a clear link between substance
abuse and offending.
Chandler and Lalonde (2008) note the importance of cultural continuity and sense of identity
in preventing suicide among Canadian Aboriginals. Guided by the assumption that ‘the risk
of suicide… rises as a consequence of disruptions to those key identity-preserving practices
that are required to sustain responsible ownership of a past and a hopeful commitment to the
future,’ they note that such disruptions are ‘associated with a failure on the part of young
persons to maintain a serious stake in their own future.’16 It is not hard to imagine how when
a young person loses a ‘hopeful commitment’ to, or ‘serious stake’ in, their future,
destructive and violent acts towards others and not just the self may emerge, as ‘the future
(because it no longer seems one’s own) loses much of its consequentiality.’17 This theory
provides a valuable insight into how the loss of cultural and personal identity inflicted
through colonial dispossession contributes not only to high suicide rates, but also high rates
of criminality among Aboriginal youth in remote, disadvantaged communities.
Capobiano, Shaw and Dubac (2003) note how this is a common experience of colonised
Indigenous peoples worldwide: the processes of colonisation cause ‘loss of language, culture,
identity and self esteem.’ 18 They report that among Indigenous peoples of Canada, the United
States, New Zealand and Australia, these historical factors have led to high rates of poverty,
substance abuse, suicide, low educational attainment, unemployment, and criminal offending.
They draw upon research in Canada and Australia to show how the myriad of complex social
14
Colin Tatz (2001), cited in Silburn, Glaskin, Henry and Drew (2010), p. 96.
Robert Parker, “Mental Illness in Aboriginal and Torres Strait Islander Peoples” in Purdie, Dudgeon and
Walker (eds.), Working Together: Aboriginal and Torres Strait Islander Mental Health and Wellbeing Principles
and Practice, Australian Government Department of Health and Ageing, 2010, p. 71.
16 Michael Chandler and Christopher Lalonde, “Cultural Continuity as a Moderator of Suicide Risk among
Canada’s First Nations” in Kirmayer and Valaskakis (eds.), Healing Traditions: The Mental health of Aboriginal
Peoples in Canada, University of British Columbia Press, 2008, p. 222.
17 Chandler and Lalonde (2008), p. 223.
18 Laura Capobianco, Margaret Shaw and Sarah Dubuc, Crime Prevention in Indigenous Communities: Current
International Strategies and Programmes, International Centre for the Prevention of Crime, July 2003, p. 4.
15
and economic disadvantages, traumas and tragedies that beset Aboriginal communities
contribute to high levels of offending and other ‘risk behaviours.’ 19
Cultural Practice as Antidote to Criminal Behaviour
The research undertaken by all of the scholars and publications cited above is unanimously
clear on the importance of community-based, culturally appropriate ‘cultural practice’ or
‘cultural work’ – engagement with traditional identity and culture – in healing the complex
social trauma and disadvantage that underlies many of the ‘risk factors’ of criminal and (self)destructive behavior among Aboriginal youth. 20 Silburn et. al. (2010) refer to how, in
Canada, “properly funded community-administered Indigenous Healing Centres have led to
significant reductions in many of the most socially damaging problems (including suicide),”
and in Australia “going to country, re-created use of or development of rituals of healing”
among the Aboriginals of the Kimberley have been successful in treating mental health
problems and suicidal behaviours. 21
Chandler and Lalonde (2008) note the significance of Aboriginal self-governance and
cultural continuity (‘including efforts to regain legal title to traditional land… to reassert
control over education and other community services, and to preserve and promote traditional
cultural practices’) in reducing suicide rates among Aboriginal communities. 22 Capobianco
et. al. (2003) are also clear on the need for justice interventions to address the systematic and
structural causes of Indigenous disadvantage, stating that best practices in Indigenous crime
prevention programs take a ‘holistic’ approach at improving community living standards and
addressing risk factors such as substance abuse, poverty, family breakdown and poor
parenting skills.23 Citing Cuneen (2001), they report that the most successful crime reduction
interventions are based on the principles of a “holistic approach… [involving] significant
others such as family and community elders; self-determination; [and] culturally appropriate
programmes and staff.”24 They identify a clear need to address the issues facing Indigenous
19
Capobianco, Shaw and Dubuc (2003), p. 5.
Silburn, Glaskin, Henry and Drew (2010), pp. 99–101; Parker (2010), p. 70; Chandler and Lalonde (2008), p.
238; Capobianco, Shaw and Dubuc (2003), pp. 6, 10 & 13.
21 Silburn, Glaskin, Henry and Drew (2010), pp. 100–101.
22 Chandler and Lalonde (2008), p. 238.
23 Capobianco, Shaw and Dubuc (2003), p. 6.
24 Capobianco, Shaw and Dubuc (2003), p. 10.
20
peoples as part of a broad continuum, utilizing a ‘crime prevention through community
development’ model, instead of narrowly fixating on crime issues in isolation from their
various causes.25
Palmer’s assertion that research provides an evidentiary basis to assume “a direct correlation
between ‘on-country’ activity and cultural practice, and crime prevention” therefore is
supported by a variety of scholars, research undertakings, government publications and
policy approaches, and international best practice in tackling Indigenous substance abuse,
mental health, and crime. Accordingly, we can assume that if the YYJDP is successful in
achieving outcomes that address the causes of youth crime in remote Aboriginal
communities, then it will have positive effects in reducing crime and reoffending rates. If it
can be shown that it is indeed successfully achieving these outcomes, then we can presume it
to have a high potential for success.
Evaluation Methodology and Design
It is therefore problematic to describe the goals of the program as simply ‘crime reduction’ or
‘reduction of recidivism.’ These may be the goals valued most by the Department of
Corrections, but the goals prioritised by the Elders and community leaders behind the
program tend to focus more on going on country, transferring cultural knowledge between
generations, creating stories and stronger identities, knowledge of language, and to initiate
young people into their cultures. Furthermore, the overarching goal of crime reduction is only
possible by addressing the complex causes of crime among Aboriginal youth living in the
Kimberly. As a result, an evaluation of the program that seeks to quantitatively assess purely
numerical crime reductions may ‘miss the point’ as much as it may be quickly disappointed.
Reducing crime in outback communities as vast and young as the Kimberley will require
intergenerational transformation of social and economic conditions. However, as explained
above, the Government support for the YYJDP is guided by the well-evidenced theoretical
basis that stronger cultural identities, self esteem, preservation of cultural traditions and
practices, and overall community development will certainly lead to improved justice
outcomes for communities, and reduced crime rates.
25
Capobianco, Shaw and Dubuc (2003), p. 13.
An accurate and fair evaluation, rather than seeking to compare statistics, must therefore
qualitatively assess whether the YYJDP is succeeding in producing the outputs, and therefore
the outcomes, it intends to. This is not easily measured, especially not by qualitative means. It
is perhaps easy enough to see whether the program activities are being undertaken: an
evaluator could use direct observation to witness the many times each year that groups of
elders take groups of young people and their parents out into the deserts of the Kimberley for
days at a time, that they speak in their languages on these treks, and practice traditional
bushcraft, learn dances and songlines, and discuss cultural themes. An observer could also
easily note whether the program coordinators are implementing the six-week bush
management training camps and all that they entail. 26
However, evaluating the success of these activities in achieving personal change in the
participants of the sort envisioned by the program coordinators may be harder to measure.
Such an evaluation requires a qualitative, participatory approach, allowing program
participants and the people close to them to tell their own stories. As such, the evaluator
would make use of data collection methods such as informal and facilitated group
discussions, ‘workshop-based participatory analysis,’ structured and semi-structured
interviews, case studies, and community and individual story-sharing.27 While a quantitative
approach may allow an evaluator to count instances and variables, a qualitative participatory
approach as outlined above has much greater possibility for elaboration and explanation – in
other words, gaining a deeper and more profound understanding of the causal relationships
by which changes take place in the real lives of individuals and communities. 28 As the issue
of youth crime in remote Indigenous communities is so complex and rooted in so many other
complex social issues, such an approach may give the evaluator far more potential for
understanding the causal interactions at work between program activities and outputs, and
outcomes/goals, that a quantitative approach would miss altogether.
By examining the stories and cases of participants, an evaluator can gain a sense of whether
the program is indeed producing real change in the lives of its participants, along the lines
intended: i.e., knowledge of cultural traditions, stronger sense of identity and connection to
26
On observation methods in evaluation, see: Reidar Dale, Evaluating Development Programmes and Projects,
Sage Publications: London (2004), p. 144–145.
27 Dale (2004), pp. 146–152.
28 Dale (2004), p. 138; John Creswell, Research Design, 4th Edition, Sage Publications: London (2014), pp. 185–
186, 200–201.
family and culture, employability skills in land management, and ultimately participation in
healthier activities and avoiding law-breaking and antisocial behaviours.
Policy and Political Considerations
Negative justice outcomes are particularly and disproportionately high among Aboriginal
young people. Compared to non-Aboriginal youth, Aboriginal youth between 10-17 years of
age were 26 times more likely to be in juvenile detention on any given night in 2013-2014.29
This is despite the fact that Aboriginal youth only make up approximately 5% of the 10-17
year-old age group in Australia. 30 In 2014 the Aboriginal and Torres Strait Islander Social
Justice Commissioner, Mick Gooda, joined various NGOs and Community Legal Centres in
calling for a justice reinvestment approach to tackle Aboriginal youth overrepresentation in
detention.31 In 2013, the Australian Senate Legal and Constitutional Affairs References
Committed strongly recommended the adoption and implementation of a justice reinvestment
approach, noting the potential for justice reinvestment to deliver significant financial savings
to the Treasury and taxpayer. 32
The public policy context is also marked by the strong consensus of the need for communitycontrolled and owned programs as part of this justice reinvestment approach. The WA Law
Reform Commission recommended in 2006 that ‘where possible, government initiatives
addressed to Aboriginal people are community-based and, more importantly, communityowned.’33 Increasing evidence has shown that community-controlled interventions are more
successful in achieving improved justice outcomes than standard government programs that
are imposed on communities. Reasons for this include that the communities take more
responsibility in addressing the challenged that their programs aim to tackle, with methods
29
Amnesty International Australia, A Brighter Tomorrow: Keeping Indigenous kids in the community and out of
detention in Australia, June 2015, p. 11.
30 Australian Institute of Health and Welfare, Youth detention population in Australia: 2014, Juvenile Justice
Series No. 16, 2014, Supplementary Table S31: ‘Australian population aged 10–17 by Indigenous status, states
and territories, December 2010 to December.’
31 Amnesty International Australia (2015), p. 3; for a list of NGOs and Community Legal Centres calling for a
justice reinvestment approach to tackle Indigenous overrepresentation in Australian prisons, see
https://changetherecord.org.au/about.
32 Senate Legal and Constitutional Affairs Reference Committee: ‘Report: Value of a justice reinvestment
approach to criminal justice in Australia,’ June 2013, pp. xi– xii; 66–67.
33 Law Reform Commission of Western Australia, Aboriginal Customary Laws: The interaction of Western
Australia law with Aboriginal law and culture, September 2006, p. 36.
that are responsive to specific community needs and with more culturally appropriate
programs.34
In January 2015, the WA Department of Corrective Services stated its intention to adopt a
new approach in the funding of justice programs, with Corrective Services Commission
James McMahon stating ‘the way we fund services delivered to offenders and young people
deserves unambiguous scrutiny. I want to monitor the performance of services we provide so
we can improve lives, not just tick boxes.’ 35 The associated media release announced that the
new approach ‘would introduce greater contestability into the market for services.’ The
Department made it clear that the amount of funding available to youth/young offender
programs would remain at $6.6, with Commissioner McMahon stating ‘The only change will
be how we decide which programs will receive funding… you can change what you fund in
order to produce better outcomes for the offenders, young people and in turn, the
community.’36
‘Contestability’ aims to encourage existing service providers to improve their own
effectiveness, recognizing the value embedded in the systems throughout which many
services are already delivered. Effectively, it is a public management strategy of monitoring,
performance benchmarking and the threat of outsourcing to incentivize increased efficiency
and effectiveness. 37 This more competitive public management environment, in which
service providers must competitively demonstrate the efficacy of their programs, creates a
difficult environment for the YYJDP. Nonetheless, the coordinators of the YYJDP are
confident that the program can competitively and effectively ‘reduce the rate at which
Aboriginal youths in the Kimberley come in to contact with the Juvenile justice system and to
assist youths who have made poor life choices, bringing them in to the justice system, to
make better life choices and to exit the justice system.’38
34
Commonwealth Standing Committee on Aboriginal and Torres Strait Islander Affairs, We Can Do It! The
needs of urban dwelling Aboriginal and Torres Strait Islander Peoples (2001) pp. 29–31; Many Ways Forward:
Report of the inquiry into capacity building and service delivery in Indigenous communities (2004) pp. 169, 243
& 252; Commonwealth Grants Commission, Report on Indigenous Funding 2001 (2001) p. xvi.
35 Department of Corrective Services, ‘Contestability to give offenders purpose,’ 18 June 2015,
https://www.correctiveservices.wa.gov.au/_news/default.aspx?id=1169&page=1.
36 Department of Corrective Services, ‘Contestability to give offenders purpose,’ 18 June 2015.
37 Sturgess, G, Contestability in Public Services: An Alternative to Outsourcing, ANZSOG Research Monograph,
Melbourne, 2015, pp. 5–6, 8.
38 Morris (2016), p. 5.
The theory of change that the YYJDP utilises – ‘crime reduction through community
development’ and addressing the complex causes of crime – is also endorsed by the
Australian Commonwealth Government. In November 2014, the Minister for Indigenous
Affairs Nigel Scullion said, because many of the people “who are incarcerated are
incarcerated because of circumstances invariably involved with alcohol and violence… by
action rather than targets, we can change… the circumstances that people find themselves in
where they are so disconnected that they self-medicate, particularly with alcohol, and then
lash out at their own families and their own communities.” 39
Conclusion
There is much to commend about the Yiriman Project and its new justice-focused offshoot,
the YYJDP, in improving the lives of at-risk Aboriginal youth in the Kimberley. Theoretical
and practical research, as cited above, shows the importance of community-based cultural
practice in successfully reducing the social factors that contribute to crime and risk
behaviours among Aboriginal youth. Sounds theory and evidence also underpins the
assumptions that improvements in community development alongside strengthening
traditional cultural identities and connections lead to reductions in substance abuse, mental
health issues, and criminal offending. Palmer’s 2010-2013 evaluation of the Yiriman Project,
with forty case studies and a myriad of interviews from other stakeholders, clearly showed
the Project’s success in leading to positive outcomes for its young participants, including
diverting them away from criminal behaviours. Accordingly, the recommendation of this
brief is that the KALACC be granted its request for additional funding, to expand the YYJDP
to all regions of the Kimberly and develop variants of the program appropriate to the other
four culture blocks of the Kimberly Aboriginal peoples.
The success of the Yiriman Project in achieving its goals and objectives gives us many
reasons to assume that an expanded form of the YYJDP, transferred to the other main cultural
groups of the Kimberley, will have similar success. This assumes, however, that culturally
appropriate staff are available and programs for these other cultural groups can be developed
that are appropriate to their cultural uniqueness. This will take some time and require the
39
Senate, Questions Without Notice, Indigenous Affairs, Wednesday, 19 November 2014 (Response by
Minister Scullion), p 8880 http://parlinfo.aph.gov.au/parlInfo/genpdf/chamber/hansards/f1127602-05e44b49-8b9f-c29f6c69c564/0072/hansard_frag.pdf;fileType= application%2Fpdf (accessed 30 March 2015).
active participation of, if not ownership by, the Elders of the other cultural blocks to which
the project is to be expanded. However, due to its broad base of relationships and connections
with Aboriginal communities across the Kimberley, the KALACC is extremely well placed
to oversee this program delivery.
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