AOS3 - CALD and Young People

Question 1

Culturally and linguistically diverse people (CALD) context

Answer 1

• people born overseas in a country that is not a primary English speaking country (not Canada, Ireland, NZ, UK, USA etc.)
  -ABS:
  
  • 27.6% of Aussies = born overseas
  • 48.2% of children have one/both parents born overseas
  • 21.4% speak language other than English at home
• Mandarin, Vietnamese, Greek. Punjabi and Italian

Question 2

CALD issues - limited awareness/familiarity

Answer 2

• legal system in a person’s country of origin could be different
  
  • Australia =adversarial (innocent until proven guilty/limited judge role) vs. Europe = inquisitorial (guilty until proven innocent/judge = significant role)
• Complex/daunting/overwhelming legal system can lead CALD people to seek advice from untrained individuals
• CALD = unaware of specific rights when defending a charge/accessing legal representation/aid

Question 3

CALD issues - language differences

Answer 3

• low level of English = hinder CALD people ability to interact with lawyers, police, court personnel
• CALD may require interpreters, however:
  
  • shortages of qualified interpreters but high demand
  • interpreters can be conflicted by recognisi8ng accused from their community
  • additional characteristics (female accused wants female interpreter)

Question 4

CALD issues - addressing difficulties

Answer 4

• various courts/service providers provide free interpreters
• the Victorian government offers victims of a crime an interpreter help line
• info/resources available in different languages:
  
  • Supreme Court offers videos about court processes in multiple languages
  • Victorian Legal Aid (VLA) offers an extensive list of36 languages its website can be translated into
• specialist CLCs for asylum seekers/refugees
  -advice/resources/training provided to court personnel to ensure they promote principles of justice (training judges to hear cases involving CALD)

Question 5

Intersectional (CALD and young people) disadvantage

Answer 5

• young people who have high risk of interacting with the justice system = homeless, CALD FNP, experienced family violence
  
  • 53% of people in youth justice = victims of abuse, trauma, neglect
  • 42% = witnessed family violence
    younger a child is when first sentenced = more likely they are to reoffend

Question 6

Young people’s difficulties

Answer 6

• not as mature means less understanding of the gravity/seriousness of charges
• not as knowledgeable and therefore don’t know rights/processes
• since most of the children in youth justice are victims, they may have a more negative attitude/mental issues