The Banksia Hill Riot

What Happened?

In May, a riot broke out following a string of incidents at Banksia Hill Detention Centre with continued calls for it to be shut down. During the riot, inmates held authorities at bay for more than 12 hours, starting fires and climbing onto the roof to throw things at staff and police. Out of the 47 detainees involved, 6 were over the age of 18 years. Armed officers in the riot gear moved in to end the riot after significant damage had been caused with fires lit in accommodation blocks. The stand-off ended at 9am when inmates were held at gunpoint and told to lie flat on their stomachs on the roof before being detained.  

Mark McGowan’s Comments

Former premier Mark McGowan condemned the behaviour, labelling it “a form of terrorism”. He continued to say the violent behaviour has inhibited plans for the improvement of Banksia Hill, and asserted that disabilities, including Foetal Alcohol Spectrum Disorders, were being used as "an excuse" for "appalling behaviour". The public has since slammed the former Premier for his hostile commentary on the children’s behaviour. Amnesty International's Indigenous Rights Advisor Rodney Dillon condemned the use of extreme force against children and called for long-term solutions to address key drivers of violence in children. "It is unconscionable that Premier Mark McGowan would describe property damage by traumatised, antagonised children as a 'form of terrorism' while his department sends in special forces to point guns at children," he said.  

The Commissioner’s Response 

Such disapproval has been echoed by many voices including the Commissioner for Children and Young People WA, Jacqueline McGowan–Jones, who said, “As Commissioner for Children and Young People in Western Australia I am extremely concerned about the continued lack of care for our children and young people incarcerated. The safety of the children is the number one priority. I urge the West Australian Government to immediately consider new models that include restorative justice approaches as an urgent priority, rather than the heavy-handed approach we are seeing play out right now, and too many times before.” The Commissioner also criticised the approach used to end the riot, urging the government to consider restorative justice approaches as a priority. WAJA agrees with this initiative. 

ALSWA’s Comments

The Aboriginal Legal Service of Western Australia (ALSWA) - which is representing clients in Banksia Hill in legal action against the McGowan Government over claims of children being held in cells for over 23 hours a day – expressed its concern about the deteriorating mental health of young detainees.  Since February 2022, ALSWA says it has sent 57 complaint letters on behalf of dozens of young people about the conditions at the facility, raising concerns of excessive lockdowns, sexually inappropriate behaviour by officers, and officers using “degrading and unprofessional language”. But ALSWA claimed it has received no “substantive” responses in relation to their concerns apart from professional standards correspondence relating to individual staff.  

Various organisation and First Nations female leaders from across Australia are demanding immediate reform to Western Australia’s approach to youth justice in the wake of the riots. Disability advocates, namely the First Peoples Disability Network CEO Damian Griffis, outraged by the Premier’s ignorant comments and describing the Premier’s language as “shocking” and “ableist”.  

Conclusion

Over-incarceration of people with disability, including First Nations people, has been a rising concern across the country. The criminal justice system is failing to provide meaningful support for these vulnerable, young people with disabilities, and that is a deeply disturbing reality that cannot continue.