Inmates at WA’s troubled youth detention centre remain in lockdown a day after a court found three youths had been illegally held in solitary confinement.

July 12, 2023

Inmates at Western Australia’s troubled youth detention centre remain in lockdown a day after the state’s highest court found three youths were illegally subjected to solitary confinement.

Experts are calling for a statewide youth justice review, with conditions at Banksia Hill described as severe.

They also want a task force set up that includes Aboriginal leaders to help manage the Perth facility, which recently sustained an estimated $30 million damage during a major riot.

Noongar academic and human rights lawyer Hannah McGlade said the situation was dire and dangerous for detainees.

“We’ve had a Supreme Court decision just yesterday and we’ve heard again today the children are still in lockdown because of (a staff shortage),” she told reporters on Wednesday.

“So they are experiencing solitary confinement.”

The Curtin University associate professor said the practice was prohibited under international human rights law due to potential physical and psychological impacts, including the risk of suicide.

“It’s also contributing to the escalating behaviour we’ve seen, so we do have to address this and come to terms with it very fast,” she said.

The WA Supreme Court on Tuesday found three youths were unlawfully locked in their cells at Banksia Hill and an adult prison for a combined 167 days amid a series of rolling lockdowns and that it amounted to solitary confinement.

Justice Paul Tottle granted an injunction restraining staff from further confining the youths without appropriate orders and without providing the exercise outside their cells they are entitled to.

It’s the second time Justice Tottle has found a teenager at Banksia Hill to have been placed illegally in prolonged lockdown.

Indigenous researchers, legal and industry experts, Inspector of Custodial Services Eamon Ryan, ex-Banksia Hill custodial officers and former Mental Health Commissioner Tim Marney, who is overseeing reforms at the detention centre, met on Wednesday over the situation.

Assoc Prof McGlade said the group wanted a task force set up involving experts and Indigenous leaders to advise government about an effective model of care.

“We do think the situation is so severe … (that) we do want to see Aboriginal people involved in the governance and the way forward for Banksia,” she said.

They also want a comprehensive review of juvenile justice in WA from first contact to detention to address high rates of incarceration.

“There are far too many children, particularly Aboriginal children, being incarcerated,” Assoc Prof McGlade said.

“In WA we have double the national average and mandatory detention laws and the young age of criminal responsibility is playing a major role in that.”

Acting Premier Rita Saffioti said government was working hard to improve Banksia Hill’s infrastructure so detained youths could spend more time outside.

“That’s already happening. Detainees are already having more out-of-cell time,” she told reporters on Wednesday.

“Reform programs are under way and we’re very much reforming the system.”

Ms Saffioti also said custodial officers at the facility were often confronted with challenging situations where some detainees destroyed infrastructure, leaving the authorities with few options but to order lockdowns.

Save the Children said the continued and unlawful use of solitary confinement was cruel, inhumane and failed to meet international human rights expectations.

“This latest finding is further evidence of the repeated and egregious child rights abuses happening in WA’s youth justice system, which is doing irreparable harm to those who are entrusted to its care,” said Amanda Hunt, state director of the organisation’s 54 Reasons service delivery group.

Ms Hunt backed calls for an overhaul of the nation’s youth justice systems.