Aboriginal children and young people in care and detention

As we approach Reconciliation Week, take this short quiz to find out five important facts about Aboriginal children and young people in care and detention in South Australia.
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External monitoring, charters and conventions come together to improve youth justice detention

Events at Darwin’s Don Dale Youth Detention Centre in 2016 alarmed the community and shone a spotlight on the unsuitable treatment and environment in youth detention centres across the country.

Riots, like those seen at Don Dale and other detention centres, demonstrated how complaints and concerns among residents could fester unaddressed and escalate without appropriate and timely intervention. It is essential that the wellbeing of residents and staff in institutions closed to public view is assessed and monitored to ensure young people in juvenile detention, who are some of our most vulnerable, are protected.

Improving and strengthening the way places of detention are monitored is one way to prevent mistreatment. In jurisdictions across Australia there are processes in place to investigate and review detention facilities.

In South Australia, the Training Centre Visitor Unit (TCVU) conducts visits to both campuses of the Adelaide Youth Training Centre (AYTC). Legislated in the Youth Justice Administration Act 2016, the Training Centre Visitor protects and promotes the rights and best interests of young people on remand or sentenced at the AYTC. This allows the visitor ‘to act as an advocate for the residents of a training centre to promote the proper resolution of issues relating to the care, treatment or control of the residents.’

The ability to make a complaint to an independent person, like an official visitor, is also one of the rights in the Charter of Rights for Youths Detained in Detention Centres.

In March, the TCVU released a report about its pilot visiting program and review of records. During the pilot, residents raised issue with the frequency of unclothed searches. By identifying these kinds of resident concerns and raising them with AYTC management and the Minister, external visitors can draw attention to degrading procedures as well as potentially preventing the issue from escalating. Readers may have seen a recent article in the Advertiser in which Penny Wright, the Training Centre Visitor, made it clear that she did not support the continuation of excessive and intrusive strip searching and methods such as ‘squat and cough’.

This preventative approach will be further refined following Australia’s ratification of the Optional Protocol to the Convention Against Torture (OPCAT). OPCAT is an international agreement that’s main aim is to prevent the mistreatment of people in detention.

Australia has three years in which to fulfil its obligations and develop an independent National Preventative Mechanism (NPM) to comply with its obligation under OPCAT. The NPM conducts inspections of all closed spaces and places of detention. Australia joins 88 other countries as a party to OPCAT, 71 of which have designated their NPM.

The Australian Human Rights Commission has been conducting consultations on how Australia should implement OPCAT.  The Commonwealth Ombudsman is also coordinating an assessment about how a ‘diffuse’ NPM model might operate across State and Territory jurisdictions.  At the moment it is unclear what Australia’s NPM will look like and what the involvement of existing monitoring bodies will be.

The TCVU will conduct its first formal inspection of the AYTC in the final quarter of this year. It will be informed by the work and information gained during the program of visits and reviews of records that have been implemented since mid-2018. This inspection process is being developed so it will be compliant with OPCAT requirements.

Around the world, jurisdictions similar to Australia are having success with models of juvenile rehabilitation that are radically different to those here. Much stronger independent oversight and monitoring will increase transparency and identify problems before they intensify. Success can also be measured by the way these programs challenge and force reconsideration of the largely penal model that dominates Australia’s thinking.

Training centre report reveals residents’ concerns

The Training Centre Visitor (TCV) is an independent statutory officer set up to promote and protect the rights of children and young people on remand or sentenced to detention in the Adelaide Youth Training Centre (AYTC). The Training Centre Visitor Unit (TCVU) reviews the suitability and quality of the environment and facilities via visits, inspections and review of records. The TCVU is legislated in the Youth Justice Administration Act 2016 and reports to the Minister for Human Services.

Its report on the 10-week pilot visiting program and subsequent review of records was tabled in Parliament on 4 April. The TCVU visited both of the AYTC campuses—Jonal and Goldsborough—five times each over the course of the pilot. The report identifies issues affecting residents of the Centre including unclothed searches, facilities, privacy and access to cultural programs.

Unclothed searches

For any young person, but particularly one with a history of trauma and abuse, an unclothed search can be distressing.

Residents raised concerns with the visitors about the frequency of unclothed searches. At Goldsborough campus, 65 per cent of searches happened after personal visits from family and others. A number of young people reported that they were less welcoming of personal visits due to anxiety about being unclothed searched.

The TCVU is advocating to ensure the correct method of search is used. According to the Youth Justice Administration Act (2016), the Centre is obliged to conduct partial unclothed searches in a way that ensures that young people are not completely naked at any time during the search. The TCVU is advocating for the consistent use of an ion scanner to avoid excessive unclothed searches after personal visits. It is also continuing to review all search logs to ensure they are meeting legislative requirements.

Cultural programs

The Youth Justice Regulations (2016) reinforce that the individual cultural identity of Aboriginal and Torres Strait Islander children and young people be recognised and their beliefs and practices be supported, respected and valued.

Current and past residents of AYTC have expressed concern about the lack of Aboriginal staff and Aboriginal cultural programming. This is a particular concern at the Jonal Campus where, although numbers are low, the population can be 60 to 100 per cent Aboriginal young people.

 

Information gathered during the pilot period has influenced the development of the program moving forward. From 2019, the TCVU will run based on quarterly visiting rounds, linked to school terms. There will be five fortnightly visits to each campus per term, with less formal visits between terms. The information gained through these visits, along with quarterly reviews of records, will inform the first formal inspection of the Centre later in 2019.

Download the Training Centre Visitor’s Report.


The Training Centre Visitor’s Annual Report 2017-18

graphic of annual report

The first Training Centre Visitor was appointed in December 2016 to visit, advocate, inspect, inquire and investigate matters relating to the residents of youth detention facilities in SA and provide advice to the relevant minister.  This first report covers the establishment phase of the scheme and some individual advocacy with visits proper commencing after the period covered by this report.

You can download the Training Centre Visitor’s Annual Report 2017-18 now.

The Adelaide Youth Training Centre – snapshot 2017-18

boy leaping in the airThe Adelaide Youth Training Centre  is housed on two campuses in Cavan, north of the Grand Junction Road.  One campus caters for female residents, younger male residents and young people in overnight remand and the other houses older male residents.

In 2017-18 there were 671 total admissions accounting for 329 individual young people of whom half or more were in remand awaiting trial.

On an average day in 2017-18  there were 44.31 young people residing in the Centre.  Of these:

  • 9.3 % were young women
  • 24.3% were under guardianship orders at the time they were admitted
  • 62.3% were of Aboriginal or Torres Strait Islander descent

This compares with highest daily occupancy (since the Magill and Cavan Centres were amalgamated) of 61.06 in 2012-13 and last year’s average daily occupancy of 49.07.

The age distribution of the young people at the time of admission was:

graph of ages at admission to AYTC 2017-18

 

 

7 important facts about young people in youth justice detention in SA

AYTC residents going for a football mark

Each year, hundreds of young South Australians from 10 to 18 years of age pass through the gates into the Adelaide Youth Training Centre.  Each one has a story.  Combined together as statistics, their stories tell us who they are, why they are there and how well our youth detention regime is working

If you have two minutes, and an interest in young people in detention, take this quick educational quiz and learn seven critical facts about them.


What do you know about children in youth justice detention in SA?


 

The Youth Justice Administration Act 2016 – some devils in the detail

YJA Act graphic

The introduction of the Youth Justice Administration Act 2016 sought to consolidate the administration of youth justice and bring up to date with other relevant pieces of legislation to reflect best practice in youth justice.  It also established the role of Training Centre Visitor, now occupied by Guardian for Children and Young People, Penny Wright.

Like much legislation, it is dense and detailed and, as is frequently the case, the devil is in the detail.

In this paper commissioned by the Child Development Council and the Guardian, Miranda Furness examines the legislation from the point of view of how it affects young people’s wellbeing and best interests, respect and dignity, vulnerability, care and cultural identity. She highlights simple inconsistencies, (what is a ‘youth’?) and significant omissions of definition (what is ‘wellbeing’ and what are ‘best interests?)  She considers how the Act relates to other legislation and to international instruments and draws implications for the work of the Child Development Council, the Training Centre Visitor and the Guardian.

You can read this concise and important paper on the Guardian’s website now.

What Youth Training Centre residents want from their community visitor

AYTC residents going for a football mark

Young footballers in the AYTC going for a mark at the Reconciliation Week game.

Community visits to the Adelaide Youth Training Centre will start this month.  Back in April we asked groups of residents about what they would like from the visits and what they hoped might result.

These are some of the things they said:

‘Why don’t you have a day when you are here each week – like a program?’

 ‘Speak to us as a group.  We might all have the same problem.’

‘Two weeks between visits is too long – you’ll miss all the lovely stories!’

 ‘There’s always stuff going on in the centre that we need more support on.’

‘[We need weekly visits because] anything could be happening in here.’

 ‘We ask the staff to contact you but then we have to wait a few days.’

‘Everyone should have your [phone] number as a pre-set when they come in.’

 ‘If I’m going through a rough patch or I’m not feeling confident, I won’t talk to you.’

‘Advocacy is making time easier.’

 ‘After you talk to the bosses, they treat us better.’

 

ACCG sets out principles for youth justice detention

picture of front page of the ACCG report

‘We are concerned that youth justice systems in many states and territories are under considerable strain. Growing numbers of children and young people on remand, the over representation of Aboriginal and Torres Strait Islander children and young people in youth justice detention, staffing challenges in detention centres, poor facilities, mistreatment of children and young people, the misuse of isolation and restraints, and incidents between children, young people and staff have prompted a number of recent reviews of youth justice detention systems.’

Australian Children’s Commissioners and Guardians , November 2017

In response to this situation the Australian Children’s Commissioners and Guardians drafted its Statement on Conditions and Treatment in Youth Justice Detention, in which they outlined some principles which would underpin the development and reform of youth justice detention into the future.

You can download the ACCG Statement on Conditions and Treatment in Youth Justice Detention from the Guardian’s website.