Law experts, former judges, doctors among over 100 signatories to letter demanding WA youth justice reform

Giovanni Torre
Giovanni Torre Published December 8, 2022 at 12.55pm (AWST)

More than 100 groups and individuals have signed an open letter to WA premier Mark McGowan urging the state government to urgently enact a six key youth justice reforms.

Coordinated by Social Reinvestment WA, the letter is signed by 106 individuals and organisations, including Fiona Stanley, Fred Chaney, Greg McIntyre, Tracey Westerman, Denis Reynolds, Antoinette Kennedy, and chief executives from countless organisations.

The release of the Open Letter on Thursday 8 December coincides with International Human Rights Day, of particular significance given the international condemnation that Western Australia's government has faced over its handling of youth detention.

Social Reinvestment WA co-chair Glenda Kickett said the community is still calling for action because "nothing has significantly changed" for the children currently detained at Banksia Hill.

"Children are still being held in a maximum-security adult prison, and children are still being confined to their cells for more than 20 hours a day. We must do better," she said.

"Western Australia needs to provide children with the help they need. The environment in detention is not appropriate for children and it is not helping them rehabilitate.

"Until we take a culturally-appropriate and trauma-informed approach, causing additional harm to children will do nothing to improve community safety. Aboriginal Elders and communities must be involved at every step – they have immense cultural knowledge and should guide our approach."

The letter puts forward six measures "to end the youth detention crisis":

1. Investigate failures through an independent inquiry that enables truth-telling and accountability for the behaviour uncovered by Four Corners across the entire system.

2. Immediately ban solitary confinement, and adhere to the WA Supreme Court ruling of maximum hours locked in cells.

3. Commit to a specific date publicly to Close Unit 18 and transition children back to Banksia.

4. Convene a taskforce of Aboriginal leaders, independent experts and Government to develop and implement immediate changes within youth detention to improve the care provided to children.

5. Commit to developing a whole-of-government Youth Justice Strategy with direct Cabinet oversight, informed by the taskforce and the Blueprint developed by SRWA.

6. Stop charging, prosecuting and locking up children under the age of 14, who are not old enough by law to drive, vote, or get a job. Help them with tailored support instead of harming them

Social Reinvestment WA co-chair Daniel Morrison said the issue "won't go away until there is real change to our failing youth justice system".

"The McGowan Government has been provided with expert advice from multiple spheres, but hasn't taken the necessary steps to address the issue," he said.

"This crisis is complex, but it is solvable. We have lawyers, community services, Aboriginal leaders, child wellbeing researchers, internationally-renowned experts in incarceration all saying the same thing – listen to the evidence, and provide help, not harm."

A WA government spokesperson told National Indigenous Times that the "challenges involving juvenile justice are complex and easy answers don't exist"

"There are a number of programs already underway and in train that are positively addressing challenges in the juvenile justice system, and this was acknowledged at the recent meeting we held with key stakeholders, which included representatives from the Aboriginal community," she said.

"Our government is implementing a multi-million dollar strategy for youth right across our justice system, whether already in detention or those at-risk of being sent to custody, and it will continue to be rolled out and strengthened as appropriate.

"This includes more than $10 million to expand mental health services and support programs for juvenile detainees, which was a key outcome from the meeting with stakeholders, to provide a mental health in-reach service to Banksia Hill. This multidisciplinary team will provide mental health, psychiatry, psychology, occupational therapy, speech pathology and lived experience peer mentoring support for detainees, including those at Unit 18."

The spokesperson said the measures include funding to commission a new "cultural support and enrichment service" to be delivered by an external Aboriginal service provider, which will provide independent cultural support.

"The strategy is complemented by existing funding to establish an Aboriginal Services Unit and the expansion of the Target 120 early intervention program, which has seen a 65 per cent reduction in police contact for those young people who participated," she said.

"Our government will continue to engage with key stakeholders on proposals and additional programs that will have a pragmatic and meaningful impact on young offenders and the community."

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