Blog: Why are diverse communities over-represented in the justice system – and what can we do to change that?

Young people from culturally and linguistically diverse backgrounds represent around 40 per cent of Victoria’s justice system – a result of complex and overlapping factors, including the continuing impacts of colonisation, entrenched disadvantage, and disconnection from vital support in a mainstream system, says cultural worker and Maori woman Jes Wikaira.

The referral Jes Wikaira receives to support a young Maori or Pasifika person involved with the justice system will only name one individual assigned to her care – but as a cultural and intensive support worker, she’ll never work with just that young person alone.

“Culturally, it’s near impossible,” she says.

“What’s a ‘normal’ family is to most is very different to how Maori and Pasifika families work. Anything we do in life, we do together. To work with just the young person outside those practices is really difficult.”

Jes describes a close, multi-generational family structure grounded in values like respect and faith, with each family member playing a specific, age-dependent role, and the kinship relationships wrapping around a young person extending out into the wider community.

In families like her own, success is collectively driven, Jes explains – so working only with the young person, as they return to life in the community after involvement with the justice system, misses the point.

“Part of working with the family helps us provide the best support for a young person within the cultural context.”

Jes works for Jesuit Social Services on the Victorian Government’s Youth Justice Community Support Service program, which helps young people reset their lives and connect with the support they need after involvement with the justice system.

The support she provides to young people is integrated and varied, and can include help finding safe accommodation after leaving detention, setting people up with food, clothing and money, supporting people with the appointments set up under their justice orders – and, as a cultural worker, helping Maori and Pasifika young people explore and connect with their culture and heritage.

“What some of the community don’t understand about our young people is that many of them were born here, in Australia, so they don’t even have an understanding of their own identity.”

Jes describes a “dislocated minority” who have often experienced loss of culture, English language barriers, and have had their access to vital services restricted, due to strict welfare policies failing to support migrant families.

People who immigrated to Australia from New Zealand after 2001 lost access to welfare – including single parenting payments and unemployment payments – which pushed parents into work, which can often be lower-paid if their international qualifications aren’t recognised in Australia, and which leaves young people unsupervised and vulnerable to anti-social influences.

“All of these things contribute to the way that young people behave,” says Jes.

As a cultural worker, she helps these young people connect with their family, explore their culture – supporting Maori boys into cultural performance and weaponry activities, and connecting them with community leaders, for example – and helping young people build routines, community connections, and self-confidence.

“Generally, they’re just kids, you know – they’re impressionable, and ultimately navigating life to find their place in the community,” she says.

“There are these little obstacles that happen, and we’re there to try and help alleviate some of those barriers, and give them the support they need to succeed.”

If a young person’s success is collective, Jes reminds us their return to the community after involvement with the justice system is a shared responsibility – one the whole community can take part in.

“Sometimes, they just need a chance. And part of that chance is for the community to give them a chance as well.”

Sophie Raynor