Exclusive: National Child Commissioner prevented from entering youth prisons

Dechlan Brennan
Dechlan Brennan Published February 5, 2025 at 4.30pm (AWST)
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Australia's child commissioner was prevented from entering youth prisons in Victoria and Western Australia during a national tour in 2023.

As part of her "Help way earlier!" report, Commissioner Anne Hollonds interviewed over 150 children - 67 per cent who are First Nations - to gain a perspective of the issues facing children in detention.

The report highlighted experiences of police brutality in youth detention, as well as poverty in out-of-home care, with 23 per cent of children surveyed saying they had attempted suicide at least once; 14 per cent said they had done so in the last 12 months.

First reported by National Indigenous Times on Monday, Commissioner Hollonds told a youth justice senate inquiry, "As part of the project, we visited children's detention centres in most jurisdictions…We went into them to talk to children."

"Most states allowed us to do it, but not all."

Asked where she had not been allowed, Commissioner Hollonds said: "Victoria. We weren't able to visit the youth detention facilities in Victoria."

Pressed on a reason why, she said one was not provided.

National Indigenous Times understands Commissioner Hollonds was also not able to visit the facilities in WA, which include Banksia Hill detention centre and the notorious Unit 18 inside Casuarina Prison, however WA officials offered a reason for this, namely an over-consultation of children in a short space of time.

WA Child Commissioner for Children and Young People, Jacqueline McGowan-Jones, was able to interview children from both facilities in a report tabled last year in WA Parliament.

Commissioner Hollonds told National Indigenous Times she was "surprised" at not being allowed into the facilities, "given that we had visited numerous youth detention centres in other jurisdictions".

"And, of course, I was disappointed, because I think that…we wanted to give kids in Victoria a chance to have their say, to be part of this project, where the voices of children and young people are the heart of the report," she said.

"We weren't able to do that in Victoria."

In response to questions, a Victorian Department of Justice and Community Safety spokesperson said the department respects the "oversight role the National Children's Commissioner plays in supporting young people in youth justice".

"Youth Justice senior staff met with the National Children's Commissioner Anne Hollonds at the time to discuss youth justice matters."

Commissioner Hollonds confirmed a meeting had taken place but said no substantial reason had been given as to why she wasn't allowed to visit children in custody like she had been in every other jurisdiction.

Victoria has been criticised for some aspects of its approach to the criminal justice system, with former ombudsman Deborah Glass calling it "one of the laggard states" last year due to its lack of compliance with the UN's Optional Protocol to the Convention Against Torture (OPCAT).

Other incidents in recent times include a 17-year-old Indigenous boy being placed in a spit hood whilst in an adult prison, and whistleblowers from the Youth Justice Centre in Parkville complaining about the rampant use of isolation, including on Indigenous teens and youth on remand.

The revelation from Commissioner Hollonds comes as the federal government faces calls from several human rights, legal and Indigenous groups to do more to protect the rights of children in detention.

In WA, two children have died in the last 18 months whilst in youth detention, Queensland has three times suspended the state's human rights act to allow more children to be housed in detention, whilst the NT has lowered the age of criminal responsibility to 10.

Speaking in the Senate on Wednesday, Minister for Indigenous Australians, Malarndirri McCarthy - who has been vocal in her concern for children in detention across the country - said whilst the government was "making endeavours" to fix many of the issues in the system, the role of supporting children in youth justice across the country was a "state and territory jurisdiction matter".

Legal experts have said there is more the Commonwealth can do to put pressure on the states, including discussions around withholding funding.

"The commonwealth could legislate; the commonwealth could develop policy; the commonwealth could direct funding towards activities which promote and facilitate observation of Australia's international human rights obligations," leading Indigenous barrister, Tony McAvoy SC, told a senate inquiry this week.

Multiple experts, speaking to National Indigenous Times on condition of anonymity, said a lack of action was down to a lack of political will, with the federal government not wanting to sacrifice votes for children in detention.

This was intimated by Commissioner Hollonds during her speech at the national press club last year where she argued some politicians had told her there are "no votes in children".

At a meeting in November with minister's from every jurisdiction, as well as the Coalition of Peaks, Minister McCarthy said they had called on every minister "at that table to go back to their cabinet and to look at the issue of remand".

"...a letter has been sent off to the ministers following up on where they are at with it," she told the Senate on Wednesday in response to questions from Senator Lidia Thorpe.

Nonetheless, the landmark inquiry examining youth justice across the country has seen only two jurisdictions - the NT and Tasmania - put in a submission.

Minister McCarthy has been asked by National Indigenous Times about whether she knew Victoria and WA had not allowed the children's commissioner into their facilities.

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National Indigenous Times

Disclaimer: This function is AI-generated and therefore may mispronounce.