NT Royal Commission into the Protection and Detention of Children Releases Final Report

Wednesday 22 November 2017 @ 9.31 a.m. | Crime | Legal Research

The Northern Territory Royal Commission into the Protection and Detention of Children ('the Royal Commission') has released its final report on 17 November 2017. The Report found shocking systemic failures in the protection and detention systems of the Northern Territory.

Background

The Royal Commission was established following an ABC Four Corners Report into institutional issues at Don Dale Youth Correctional Centre In March 2017, the Royal Commission delivered its interim report, in which it outlined key findings, relating to the need for community involvement, issues surrounding rehabilitation and diversion from crime, the over-representation of Aboriginal children in the NT youth justice system, and access to culture and diversion programmes.

Recommendations and Findings

Amongst a number of recommendations outlined in the report, some of the key recommendations are:

  • The immediate closure of the Don Dale Youth Detention Centre;
  • The raising of the age of criminal responsibility from 10 to 12 years of age, and ending detention for  children under 14 years unless there are exceptional circumstances;
  • The establishment of Family Support Centres to provide place-based services to families in the Northern Territory;
  • The development of a new model of bail and detention accommodation processes;
  • Increased involvement with Aboriginal organisations in child protection systems, youth justice and juvenile detention;
  • In the realm of punishment, prohibition of the use of tear gas, spit-hoods and the restraint chair, solitary confinement, and the use of alternatives to strip searches;
  • The appointment of a female youth justice officer as a ‘Girls' Officer’ who will be responsible for monitoring female detainees’ access to education and training;
  • The creation of a Services Register about services available in communities;
  • Establishment of an early support research unit which would implement research relating to risk factors and needs;
  • Amendment of the law so that a child must not be interviewed by police until they have obtained legal advice and assistance;
  • Introduction of a legislative requirement in the form of a custody notification scheme, which will require police to notify a lawyer from an appropriate legal service as soon as a child or young person is brought into custody;
  • Amendment of bail legislation so a child is not denied bail unless they fulfill certain circumstances.

The Commission warned that if no action is taken, the detention costs in the Northern Territory detention and child protection system will rise from $37.3 million in 2016-17 to 113.4 million in 2026-27.

Responses and Future Directions

NT Chief Minister Michael Gunner has said that the NT government has already begun work on reform on an overhaul of the youth justice and child protection system. He called for changes to the detention and protection systems, saying:

“We cannot let this report sit on the shelf gathering dust like so many that have come before, and turning our expert advice into practical, meaningful, on-the-ground change will require the full support and partnership of the Commonwealth Government.” 

The Federal Indigenous Affairs Minister Nigel Scullion has said:

“While the focus must be on ensuring that children do not enter the child protection and youth detention system is in the first place, the importance of rehabilitation as an approach to addressing the needs of our most vulnerable and complexity children and young people cannot be understated.”

In a joint statement, Prime Minister Malcolm Turnbull, Attorney-General George Brandis and Indigenous Affairs Minister Nigel Scullion have welcomed the report’s findings, and stated that there would now be implications for all jurisdictions.

Future Directions

The NT Government has already passed and assented the Youth Justice Legislation Amendment Act 2017 (NT), which replaces references to the Commissioner of Corrective Services and probation and parole officers with the CEO of Territory Families and community youth justice officers. The NT Government has agreed to close the Don Dale Youth Detention Centre and its high security unit following the report.

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Sources:

Royal Commission into the Protection and Detention of Children Final Report, and other associated documents.

Youth Justice Legislation Amendment Act 2017 (NT), and associated materials as published on TimeBase LawOne.

Fergus Hunter, ‘Royal commission into child detention reveals ‘disturbing’ findings,’ (Sydney Morning Herald) 17 November 2017.

Neda Vanovac, ‘Royal Commission: Failure to protect kids in care ‘a stain on NT’s reputation’, Michael Gunner says,’ (ABC News) 17 November 2017.

Royal Commission into the Protection and Detention of Children in the Northern Territory, ‘Royal Commission and Board of Inquiry into protection and detention systems of the Northern Territory has revealed systemic and shocking failures’ (media release) 17 November 2017.

Lucy Hughes Jones and Megan Neil, 'Northern Territory government to close Don Dale detention centre in three months,' (Sydney Morning Herald) 17 November 2017.

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