that Australia consider raising the minimum age of criminal responsibility to an internationally acceptable level, remove children who are 17 years old from the adult justice system in Queensland, and establish a mechanism for investigating abuse at youth detention centres. Separate custodial for children and young people The Commission has expressed concern that all child offenders are still not held in separate correctional centres from adults. In 2013 the Commission intervened in proceedings in the Supreme Court of Western Australia to provide information on minimum standards in juvenile detention. The matter was a challenge of decisions to declare two units of an adult prison, Hakea Prison, as a juvenile detention centre and to transfer children to Hakea Prison from Banksia Hill Detention Centre. In its , the Commission outlined specific areas of concern for children transferred to Hakea Prison. In particular, the Commission was concerned that children were required to stay in lock down for 17 hours per day and that there was regular use of restraints such as handcuffs and strip searches on the children. The application to quash the decisions was dismissed by the Supreme Court of Western Australia. Similar concerns have been expressed about the transfer of child offenders from the youth justice system into the adult prison system in Victoria. The Victorian Ombudsman reported in 2013 this occurred on 24 instances, with some children held in solitary confinement for 23 hours each day. Following recent amendments to the Justice Act 2005 (NT), youth detainees in the Northern Territory legal system may now be transferred to a custodial corrections facility temporarily. The Act has recently been amended to apply to those younger than 15 where there is practical alternative’. ‘no Diversionary programs The Commission welcomes the following actions by state governments: Victoria The Victorian Opportunity and Human Rights – Commission advised that following the 2012 release of the Victorian government consultation paper, Practical Lessons, Fair Consequences: Improving Diversion for Young People in Victoria, the diversion response for young people in contact with the justice system has been strengthened. Australian Capital Territory strategic direction for youth justice in –The the ACT is set out in the Blueprint for Youth Justice in the ACT The Blueprint has a focus on early intervention, prevention and diversion with custody used as a measure of last resort. Early signs point to reduced numbers of young people coming into contact with, or becoming further involved in the youth justice system: the number of offences committed by young people decreased by 17 per cent
that Australia consider raising the minimum age of criminal responsibility to an internationally acceptable level, remove children who are 17 years old from the adult justice system in Queensland, and establish a mechanism for investigating abuse at youth detention centres. Separate custodial for children and young people The Commission has expressed concern that all child offenders are still not held in separate correctional centres from adults. In 2013 the Commission intervened in proceedings in the Supreme Court of Western Australia to provide information on minimum standards in juvenile detention. The matter was a challenge of decisions to declare two units of an adult prison, Hakea Prison, as a juvenile detention centre and to transfer children to Hakea Prison from Banksia Hill Detention Centre. In its , the Commission outlined specific areas of concern for children transferred to Hakea Prison. In particular, the Commission was concerned that children were required to stay in lock down for 17 hours per day and that there was regular use of restraints such as handcuffs and strip searches on the children. The application to quash the decisions was dismissed by the Supreme Court of Western Australia. Similar concerns have been expressed about the transfer of child offenders from the youth justice system into the adult prison system in Victoria. The Victorian Ombudsman reported in 2013 this occurred on 24 instances, with some children held in solitary confinement for 23 hours each day. Following recent amendments to the Justice Act 2005 (NT), youth detainees in the Northern Territory legal system may now be transferred to a custodial corrections facility temporarily. The Act has recently been amended to apply to those younger than 15 where there is ‘no practical alternative’. Diversionary programs The Commission welcomes the following actions by state governments: Victoria – The Victorian Opportunity and Human Rights Commission advised that following the 2012 release of the Victorian government consultation paper, Practical Lessons, Fair Consequences: Improving Diversion for Young People in Victoria, the diversion response for young people in contact with the justice system has been strengthened. Australian Capital Territory –The strategic direction for youth justice in the ACT is set out in the Blueprint for Youth Justice in the ACT The Blueprint has a focus on early intervention, prevention and diversion with custody used as a measure of last resort. Early signs point to reduced numbers of young people coming into contact with, or becoming further involved in the youth justice system: the number of offences committed by young people decreased by 17 per cent
20141017_AHRC_CATsubmission.docx