An Update on the Banksia Hill Crisis
Introduction
Western Australia’s youth justice system remains in crisis. The WA Government insists it will never compromise community safety, yet it continues to do so. By ignoring Aboriginal voices and experts in the criminal justice system, it continues to fail the community. We know there is no quick fix to the problem, but proven solutions do exist. We need a transparent and accountable system to process meaningful reform and a culturally appropriate, trauma-informed model of care for young people in detention.
Banksia Hill – the Failing Prison
Banksia Hill was condemned by Children’s Court President Hylton Quail in relation to the treatment of detained children within the facility and criticised the ongoing detention of a group of juveniles inside one of Perth’s adult prisons. Meanwhile, children are still confined in their cells for more than 20 hours a day and held at maximum-security adult prisons.
The WA Government continue to insist that their young offenders in detention have access to education, mental health support and recreational facilities, though the allegations of current 14-year-old detainees contradict the Government’s claims. Excessive force and verbal abuse from Youth Custodial Officers and Prison officers has also been reported by current detainees, though the Government insists their young offenders have mental health support in such conditions.
On New Year’s Eve 2022, a riot in Banksia Hill Detention Centre saw two buildings damaged by fire but no individuals injured. Whilst Minister for Corrective Services Bill Johnston merely decried it as ‘violent behaviour,’ Shadow Corrective Services Minister Peter Collier highlighted such behaviours as coping mechanisms for children stuck in a punitive system that is simply not working.
Legal Troubles for the Department
600 current and former Banksia Hill detainees have filed a class action in the Federal Court against the WA Government alleging physical abuse, restriction, restraint, inhumane treatment and breaches of the Disability Discrimination Act. The WA Government’s response to this was to file a ‘cross-claim’ suing two former detainees at Banksia Hill Detention centre for costs incurred by damages in a 2017 riot.
Reform Opportunities
Social Reinvestment WA has called on the WA Government to convene a taskforce of Aboriginal leaders, independent experts and Government to develop and implement immediate changes within youth detention to improve the care provided to children. Only in the face of pressure has the WA Government announced work was underway on a proposed on-country rehabilitation facility for at risk youth in the Kimberley. Following the findings of a Four Corners report in December findings, the government allocated an additional $63 million to improve Banksia Hill. The suggested improvements only come after a number of complaints about the conditions of Banksia Hill and Unit 18 of Casuarina Prison. However, repeated attempts by Aboriginal Legal Services of Western Australia (ALSWA) to raise the concerns to the WA Government about the condition within youth detention continues to “fall on deaf ears” (Peter Collins, Director of Legal Services, ALSWA).
Those saying our system works should try spending 20 hours a day in a cell and see if they display any violent behaviour. Whilst the WA government continues to emphasise community safety, it uses this excuse in a dangerous way – to justify a broken ‘tough on crime’ system and ignoring community-led solutions which will reduce recidivism. For a government intent on protecting victims, it perpetuates a system which creates more – children as young as 10 years old subjected to dangerous restraining practices, solitary confinement and unlawful lockdowns.
If the State Government is serious about community safety, it would invest in community solutions and allow us to move forward, instead of refusing accountability for the behaviour uncovered by Four Corners throughout the entire system. The use of dangerous restraining practices, solitary confinement, and extended lockdown of detainees in Banksia Hill seems the WA Government has forgotten ab aout their victims—the ones they imprisoned, instead of protected.