Earlier this year, the Federal Government established a Royal Commission into the Child Protection and Youth Detention Systems of the Northern Territory. The NSW Government, however, considers a Royal Commission of this nature unnecessary in NSW, particularly since the state is experiencing a surge in violent crime and gang activity. Instead, the NSW Premier has announced that tough changes to the Young Offenders Act (YOA) 1997 (NSW) and the Children (Criminal Proceedings) Act 1987 (NSW) are necessary to curb the growing violence and deter young people from engaging in further crime. The following three amendments to the Young Offenders Act 1997 (NSW) and Children (Criminal Proceedings) Act 1987 (NSW) are considered by the NSW Government as the only way to protect the community. These changes are:
1. Police are no longer able to apply the YOA to custody of knife offences
2. The introduction of mandatory sentencing for all violent offenders
3. The introduction of naming and shaming
The NSW Government has asked the NSW Ombudsman to investigate these proposed changes and report back to Parliament. As a member of the NSW Ombudsman project team, you have been instructed by your project manager to:
Select ONE proposed amendment and write a 1,000 word ( +/-10% leniency) briefing paper advising the NSW Government of the possible consequences of such changes for young people in NSW.
A list of ‘guiding points’ (listed below) is given to you by your project manager to follow. These points will help you provide a succinct and well-balanced briefing paper that will assist the NSW Government in deciding whether to implement the proposed changes.
Guiding Points
Overall, you are to produce a document that is clear, concise and clearly articulates the issue.
1. Provide a concise summary of the proposed change. This summary must state your position on the issue (i.e. you either agree or disagree with the proposed change- NOT BOTH).
2. Provide a relevant and brief background to the issue
3. Produce a detailed analysis of the issue that considers the various policy dimensions and implications.
4. Provide a clear conclusion that summarises your paper
5. Provide a suggested course of action (an evidence-based alternative to the proposed change).
A list of required readings for this task will be made available. You are to select two readings from this list that are relevant to your chosen amendment.
Other key points about your final submission
• Use a minimum of five scholarly sources (e.g. journal articles, books, book chapters, and respected government research papers and website).
• You must acknowledge the ideas of others, reference direct quotes properly using the Harvard referencing system and include a reference list at the end (this is not included in the word count).
• Viewpoints need to be substantiated using relevant literature, empirical evidence, and a convincing argument.
• The briefing paper must be word-processed, doubled spaced and use a 12pt font.
• You must retain an electronic and/or hard copy of your submission as dictated by University Assessment Policy.
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