The Training Centre Visitor (TCV) will conduct a pilot inspection of the Adelaide Youth Training Centre (AYTC) in late November. Such inspections, which are independent of government, aim to monitor standards and prevent abuse in places of detention. They are common around the world and elsewhere in Australia.
This pilot inspection is the first since the establishment of the TCV role and has been designed to provide oversight of the management of the training centre and the conditions of residents in the context of the Youth Justice Administration Act 2016, the Aboriginal and Torres Strait Islander Youth Justice Principle and the Charter of Rights for Youths Detained in Training Centres. Ultimately it is about ensuring the rights of the children and young people detained within the centre are being met and that the environment is conducive to meeting the objective of the Youth Justice Administration Act, including rehabilitation.
What is the Training Centre Visitor Program?
The TCV Program was established in November 2017 to provide oversight of the rights of children and young people sentenced or remanded in custody in the AYTC. The role of Training Centre Visitor is held by Penny Wright (who is also the Guardian for Children and Young People) and she is supported by her staff in the TCV Unit to carry out functions outlined in the Youth Justice Administration Act 2016:
- conduct visits to training centres
- conduct inspections of training centres
- promote the best interests of the residents of a training centre
- act as an advocate for the residents of a training centre – to promote the resolution of issues to do with their care, treatment and control
- inquire into and provide advice to the Minister in relation to any systemic reform needed to improve the care, treatment and control of residents or the management of a training centre, and
- inquire into and investigate any matter referred by the Minister.
When is the pilot inspection?
The pilot inspection will be held over a week at the end of November.
How will the inspection be conducted?
Activities during the inspection week will include scheduled visits, individual interviews with residents, staff and management, focus groups and analysis of TCV and Departmental records from the past 12 months. These activities will be conducted at different times of the day and night, including the weekend, to give core stakeholders (e.g. residents and AYTC staff) the opportunity to be involved and have their say.
Information acquired, and observations made in the inspection process will then be complemented by information obtained through the TCV’s ongoing advocacy, visiting programs and reviews of records over the past 12 months. This will enable us to build a picture of life for children and young people detained at the AYTC during that time, not just those who are detained during the inspection week.
What will the inspection look at?
The inspection will address 10 Standards, and associated indicators, that have been drawn from the Youth Justice Administration Act 2016, the Aboriginal and Torres Strait Islander Youth Justice Principle and the Charter of Rights for Youths Detained in Training Centres.
These standards cover topics such as resident safety, health and access to proper health care, cultural rights (particularly for Aboriginal and Torres Strait Islander children and young people, who are seriously over-represented in detention), respect and dignity, education and training, case planning and access to grievance processes.
The standards and associated inspection methodologies have been developed specifically for this pilot inspection process.
Is the inspection complaint with OPCAT?
The inspection has been developed to meet the requirements of the Optional Protocol to the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT). Australia finally ratified this international agreement to prevent mistreatment in places of detention in late 2017 and must put measures in place to implement its requirements by the end of 2020.
These measures include setting up a National Prevention Mechanism (NPM) that must be independent from government and responsive to the needs of those held in various ‘places of detention’, including youth justice facilities. The role and functions of the TCV in the Youth Justice Administration Act 2016 were drafted to complement OPCAT requirement. The pilot inspection has been similarly designed, to the extent that current resources allow.
What will happen after the inspection?
Findings from the pilot inspection will be analysed and documented in a formal report that will be provided to the Minister for Human Services for presentation to Parliament in early 2020.
The inspection is a milestone in the establishment and implementation of the Training Centre Visitor Program. As such, the formal report will detail learning from the inspection and related processes and also make proposals about how best the TCV program and an inspection regime can develop in future years.
If you have any questions about the upcoming inspection please contact the Training Centre Visitor Unit at [email protected] or by phone on 8226 8570.