Queensland Youth Detention Centres Follow NT Into System Review
Thursday 25 August 2016 @ 12.03 p.m. | Crime | Judiciary, Legal Profession & Procedure | Torts, Damages & Civil Liability
Following further revelations by the ABC News of serious matters relating to the treatment of inmates in youth detention facilities, this time in Queensland; it appears that Queensland youth detention processes and practices are to be the subject of investigation, in a similar way to the issues now being investigated in connection with the NT youth detention system. Last Friday (19 August 2016) the Qld AG and Minister for Justice, the Honourable Yvette D'Ath, announced ". . . an independent review be conducted into Queensland’s Youth Detention Centres". In a Media Release Mrs D’Ath said that the review ". . . would help ensure Queenslanders can have confidence in the administration of youth justice in the state".
Background to the Review
The Qld AG's response follows on "images of alleged mistreatment at Townsville's Cleveland Youth Detention Centre" that have emerged from a series of CCTV images obtained by the ABC showing a boy, 17, being held face down by five adults, handcuffed and ankle-cuffed, stripped naked then left alone in isolation for more than an hour. A reaction said to have been "... prompted [on the part of authorities] by the boy refusing to have a shower". Another images from another incident caught on CCTV footage shows a girl in a swimming pool being threatened by security guards with an un-muzzled dog.
Further uncovered by the ABC News investigation, was that the Queensland state government's own youth detention inspectorate found evidence of excessive force being used at the Cleveland Centre in Townsville but that there had been no formal review due to ". . .insufficient resources". The images were, it is reported by SBS News, ". . . contained within internal government reports written in 2013 and 2015 by the Youth Detention Inspectorate".
Revelations such as those of last month in the NT and now in Queensland have prompted calls for the NT royal commission into the juvenile detention system be to extended to Queensland (see our previous articles here and here). The Queensland AG's announcement is no doubt an attempt to manage these reactions and is also supported by the National Children's Commissioner Megan Mitchell who is reported to have urged Queensland authorities to review how youth detention centres are overseen, following on the reported instances of inmate mistreatment. Commissioner Mitchell is reported as saying that ". . . it was unacceptable [that] incidents of excessive force had not been investigated , . ." stating also that:
"We spend as a nation millions if not billions of dollars on juvenile justice facilities . . . and we really need to know the children who are in these places are actually getting a therapeutic response that helps them get back on track and are not being abused in those situations."
Ms Mitchell's non-support for calls that the NT royal commission into youth detention centres should be expanded to include Queensland is explained by her as follows: expanding the NT royal commission would have the effect of enlarging the commission's task to years and eventually resulting in nothing being done about the immediate problem:
"If you then say it's an Australia-wide thing, well then you're going to have a royal commission that possibly goes for years and doesn't deliver."
The Qld AG's Announcement
Although a review has been announced which, according the Qld AG's Media Release, is to report by November 2016, there are as yet no terms of reference for the inquiry, with the Qld AG saying only that:
"The government will shortly release full terms of reference for the review, but the focus will be firmly on the practices, operation and oversight of Queensland’s Youth Detention Centres, specifically referring to the allegations raised last night [namely, the ABC News Report]."
The Qld AG has related that an independent review is the appropriate method for investigation so as to enable the obtaining of consent and protection of people giving information:
“It is clear that while these allegations continue to be made and consent has not been provided to respond to them fully, an independent review is the appropriate mechanism to address all allegations that have been made and any additional allegations that may come forward."
The Qld AG in her Media Release has also repeated calls to people with information to come forward and make their allegations to appropriate agencies so that they can be considered as part of the review.
“As I have said repeatedly, if any other person is aware of any other allegations relating to Queensland youth detention centres, they should make a complaint to one of the agencies that has oversight of Queensland’s youth justice system now, so that they can also be examined as part of this review."
This review, along with NT Royal Commission, will be important to watch as to outcomes and results; as the issues being investigated, are matters that, like many child welfare related issues, have been investigated, reformed and repaired before and yet continue, sadly it seems, to be a part of systems that fail the people they are meant to help.
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
