WA Government to review crisis-plagued youth offender laws

Giovanni Torre
Giovanni Torre Published October 4, 2022 at 4.48pm (AWST)

After years of crises in Western Australia's youth justice system the State Government announced on Tuesday it will undertake a review of youth offender laws.

Corrective Services Minister Bill Johnston has directed the Department of Justice to examine the extent to which the Young Offenders Act 1994 is achieving its objectives.

Banksia Hill, Western Australia's only dedicated youth detention facility, has been the scene of multiple serious disturbances including riots in 2013 and 2017.

Aboriginal children are radically over-represented in the youth justice system and particularly in youth detention. Recent data shows Indigenous young people are 21 times as likely as non-Indigenous youth to be incarcerated in WA.

This month the Aboriginal Legal Service of Western Australia told the the Royal Commission they had received hundreds of complaints about conditions in Banksia Hill, including allegations of excessive physical violence, strip searches, sexual assaults, use of solitary confinement, and racism.

Indigenous and international human rights law expert Hannah McGlade said the review was welcome but there was also a need for urgent reform.

"The review is important but there are immediate actions the government needs to take to ensure that the well-being of Aboriginal children and youth incarcerated at Banksia Hill and Casuarina Prison in particular is addressed," she said.

"A youth justice task force needs to be urgently established to address the crisis. There are serious concerns Aboriginal children and youth are at high risk of self-harm including suicide.

"We are calling on the government to support and ensure Aboriginal children (in the justice system) have culturally appropriate health care from Derbarl Yerrigan Health Service."

Ms McGlade said the WA Government has been repeatedly advised mandatory sentencing laws are inconsistent with human rights obligations under international law and should be repealed.

She noted there have been strong recommendations from the local campaign by agencies under Social Reinvestment WA.

"We have had Aboriginal stakeholders meeting in collaboration with the Telethon Kids Institute in recent weeks and we believe the Children's Commissioner should undertake an inquiry into the experiences of Aboriginal youth and children in the criminal justice system," Ms McGlade said.

"These practices which are prohibited under international law, such as solitary confinement, need to desist immediately.

"And our state needs to stop dragging their feet on raising the age of criminal responsibility."

Mr Johnston said youth justice was complex and involved challenging at-risk people to get back on the right path.

"Young Aboriginal people make up a disproportionate number of young offenders and young people in detention, which will be considered in the course of the review," he said.

"Few would argue against the need for greater diversionary and rehabilitative measures for WA's youth and addressing the over-representation of Aboriginal people in the justice system."

The WA Government said principles of the Young Offenders Act included diverting young people from the formal criminal justice system where possible and using detention as a last resort, while protecting the community.

The review will examine the over-representation of young Aboriginal people in detention, the effect of cognitive impairment disability on diversion, and the isolation and separation of detainees.

The government said the review will include consultation and written submissions, expected to be completed in the next year.

In July, the WA Government announced a group of children from Banksia Hill would be transferred to a stand-alone unit at maximum security adult prison Casuarina.

In August it was revealed in parliament there had been 36 self-harm incidents and one attempted suicide in Banksia Hill in the month of July alone, in addition to 13 self-harm incidents and three attempted suicides in Casuarina's Unit 18 in just three weeks.

On 25 August the Supreme Court of Western Australia found that the lockdown of a 14-year-old boy in a cell for at least 20 hours per day on 26 occasions in Banksia was illegal under the Young Offenders Act.

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