Prominent Aboriginal justice advocates have described WA Premier Mark McGowan's approach as "misinformed" and "offensive" for suggesting critics of the state's youth justice system had not put forward solutions.
Social Reinvestment WA co-chairs Daniel Morrison and Glenda Kickett provided a joint statement to National Indigenous Times after Mr McGowan announced a meeting of "stakeholders" would be held in response to the youth detention crisis.
"The irony of saying you don't want a talkfest, whilst in the same sentence calling for a talkfest, has not been lost on those who have already provided solutions for the government's consideration," they said.
"We have been trying to work with the government constructively for some time now unsuccessfully, (including) developing a 100-page blueprint of options for Youth Justice Reform launched in August, and consistently offering our coalition's time and expertise to help resolve the deteriorating conditions inside Unit 18 and Banksia.
"For them to turn around and say that no one is providing solutions is not only incorrect. It is offensive. The Premier is misinformed."
On Tuesday Mr McGowan suggested critics had not provided practical solutions.
"We are doing our best in a difficult situation. There's a lot of people out there who are very idealistic and good on them — they're idealistic. We have to deal with the practicalities — the actual practicalities of dealing with a group of people who have caused a lot of disruption and a lot of pain," he said.
Mr McGowan flagged a meeting of himself, corrective services minister Bill Johnston, and WA Police Commissioner Col Blanch with critics of Banksia Hill including Inspector of Custodial Services Eamon Ryan, Commissioner for Children and Young People Jacqueline McGowan-Jones, Dr Fiona Stanley and representatives from the Telethon Kids Institute.
"We will be listening to people and seeing if they have practical and achievable suggestions for what might work," he said.
However, preempting the "summit", the Premier made it clear Banksia Hill would not be closed, the age of criminal responsibility would not increase from 10 to 14, and there would not be an independent task force or review.
He rejected the suggestion of a Royal Commission as "another talkfest".
Mr McGowan did say that the use of the "figure four" or "folding up" restraint technique in WA correctional facilities will be reviewed and may be abolished.
Glenda Kickett is a Senior Lecturer at UWA, Chair of NAIDOC Perth, a Danjoo Koorliny leader, member of the Noongar Family Safety and Wellbeing Council, and board member for several charities and community organisations.
This week the government voted down an Opposition motion that called on the Premier to "admit the catastrophic failure in the youth justice system in WA and immediately establish an independent inquiry".
On Wednesday afternoon, asked about Indigenous representation at the meeting, Mr McGowan noted that the Commissioner for Children and Young People is attending and that he had invited "another Aboriginal person" to the summit.
Mr McGowan reiterated the government has committed $25 million to upgrading Banksia Hill, with works expected to be complete in the first half of next year.
"There are a lot of troubled young people who are part of the justice system and who are in Banksia Hill. The reason they are in Bankia Hill is they committed multiple offences, some of them extremely serious," he said.
Mr Morrison and Ms Kickett said the government was shifting blame for the abuses in Banksia Hill on to the victims.
"It is abhorrent to think a Labor government, in the face of overwhelming evidence that a child has been treated in this way, looks to blame the child," they said.
"These children certainly need intervention desperately. But they need help, not harm.
"The government does not want to talk about the fact that children are being locked up for 23 hours at a time on their watch. Instead, they want to claim that they are the victim of a 'difficult situation'."
The Social Reinvestment co-chairs said the system had reached its current crisis "because of the approach and attitude coming from government that is: these children deserve what they get".
"We are simply trying to say that is wrong, and you can do better."
National Indigenous Times put several questions to the Premier's office, including whether the invitation list for the summit would include:
- Former Banksia Hill detainees and family members and representatives of current Banksia hill detainees
- Aboriginal community leaders
- Social workers
- Psychologists
- Representatives of the Aboriginal Legal Service of WA
- Leading Noongar human rights expert and law academic Dr Hannah McGlade
- Members of the state’s prison suicide taskforce Megan Krakouer and Mervyn Eades
National Indigenous Times also asked for the terms of reference, agenda, estimated timeline and aim of the summit.
In response, a spokesperson for the state government said the government "has confirmed a meeting will occur with several key stakeholders, including the Commissioner for Children and Young People - WA's first Aboriginal woman appointed to the role".