Solutions for Fixing a Broken System
Researched and drafted by WAJA’s Advocacy Team.
Former Children’s Court President Judge Denis Reynolds has called Western Australia’s youth detention a ‘broken system.’
BANKSIA HILL
This is not the first time a judge has criticised Banksia Hill. President of the Children’s Court Judge Hylton Quail has previously slammed Banksia Hill Detention Centre for their inhumane treatment of children, even revealing that he would prefer to send children to a men’s prison than to Banksia Hill due to the lack of resourcing, education and staff. These comments came in February 2022, following the dehumanising detention of a 15-year-old child in the Intensive Supervision unit (ISU) for 79 days of the 98 days he had been in custody. Judge Quail criticised the treatment akin to ‘solitary confinement’, which should be reserved as a last resort, as one that would ‘make a monster’.
Conditions at Banksia Hill Detention Centre have deteriorated significantly, with minimal focus on rehabilitation, to the point where children are being sent to Casuarina Prison, a maximum-security men’s prison.3 Banksia’s notorious Intensive Supervision Unit (ISU) is nicknamed "the cage", one example of many of the appalling conditions experienced in the youth detention centre. The ISU has led to mental distress with one child visiting a prison psychologist 39 times over suicidal thoughts and fears.
In December 2021, the Inspector of Custodial Services ordered a snap inspection of Banksia Hill’s intensive support unit. The Inspector found that children were locked in solitary cells for up to led 23 hours per day, which amounts to cruel and inhumane treatment under international obligations. The conditions led directly to an increase in self-harm and some children were forming suicide pacts.
SOLUTIONS
REGIONAL ON-COUNTRY SERVICES
In May 2022, the WA Government announced a $40 million package of measures to break the cycle of youth offending in the Kimberley. $15 million of this package has been committed to funding the construction of a dedicated on-country residential facility run in conjunction with community-led entities. The government has said this facility will give at-risk youth an opportunity to engage in structured work and learning, serving as an alternative to detention that has proven to be effective in other already established programs such as Olabud Doogethu in Halls Creek.
COMMITTED FUNDING TO RESTORATIVE JUSTICE
We know what works, as does the government. On 18 April 2022 the WA Government announced $25.1 million dollars in upgrading the Banksia Hill Detention Centre. $7.5 million went to funding a Crisis Care Unit which aims to provide a safe and therapeutic environment to support vulnerable at-risk youth. However, Banksia Hill is still ‘not fit for purpose’ and in breach of human rights. What has been done is not enough. More must still be done to prevent severe harm being done to children.
RAISE THE AGE
WAJA calls upon the WA Government to Raise the Age of Criminal Responsibility to 14 years old in line with expert medical and legal advice. Children need help, not harm. For more information, WAJA has published a policy paper into the age of criminal responsibility, which can be accessed here.
WHAT CAN YOU DO?
Social Reinvestment WA has put together resources to help you take action. Click https://www.socialreinvestmentwa.org.au/take-action-raise-the-age to get involved!
References
1. Rhiannon Shine, ‘Transfer of Banksia Hill Detainees to Casuarina Prison a Sign of a 'Broken' System, Retired Judge says’ ABC News (online, 3 August 2022) < https://www.abc.net.au/news/2022-08-03/western-australia-youth-justice-system-broken-banksia-hill/101292948>.
2. Joanna Menagh, ‘Perth Children’s Court President Slams ‘Dehumanising’ Conditions in Banksia Hill Detention Centre’, ABC News (online, 10 February 2022) <https://www.abc.net.au/news/2022-02-10/hylton-quail-slams-conditions-banksia-hill-detention-centre/100819262>.
3. Department of Justice, ‘Disruptive Detainees Relocated to Temporary Facility’ Department of Justice (online, 20 July 2022) <https://www.wa.gov.au/government/announcements/disruptive-detainees-relocated-temporary-facility>.
4. Aja Styles, ‘‘If You Want a Monster This is How You Do It’: WA Judge Slams Prison he says ‘Treated a Child like an Animal’ WAtoday (Online, 10 February 2022) <https://www.watoday.com.au/national/western-australia/wa-s-juvenile-prison-a-lesson-in-how-to-create-a-monster-perth-children-s-court-judge-20220210-p59vgo.html>.
5. Hannah Barry and Hinako Shiraishi, ‘WA Prison Inspector Uncovers Cruel Conditions Inside Banksia Hill Detention Centre,’ ABC News (online, 19 April 2022) <WA prison inspector uncovers cruel conditions inside Banksia Hill Detention Centre - ABC News>.
6. Jessica Hayes and Sam Tomlin, ‘Kimberley on-country residential facility for at-risk youth, package to combat crime, proposed by McGowan government’ ABC Kimberley (online, 3 May 2022) <https://www.abc.net.au/news/2022-05-03/mcgowan-government-reveals-kimberley-crime-response/101032004>.
7. WA Government, ‘$40.4 Million Package to Tackle Juvenile Crime in the Kimberley’ WA Government (online, 3 May 2022) <https://www.mediastatements.wa.gov.au/Pages/McGowan/2022/05/40-4-million-dollars-package-to-tackle-juvenile-crime-in-the-Kimberley.aspx>.
8. Laura Birch, “‘Dehumanising’ Banksia Hill Juvenile Jail gets $25 Million Funding Boost” ABC News (Webpage, 2022) <https://www.abc.net.au/news/2022-04-18/banksia-hill-juvenile-jail-gets-funding-boost/100996634>
9. Rachael Knowles, Kearyn Cox “‘Not Fit for Purpose’: Banksia Hill Found In Breach of Human Rights” NITV (Webpage, 2022) <https://www.sbs.com.au/nitv/article/2022/04/19/not-fit-purpose-banksia-hill-found-breach-human-rights>.