Greens spokesperson for Corrective Services Hon Alison Xamon MLC has urged the Government to urgently undertake a review of the Young Offenders Act 1994 (WA), following the release of a report which found young people had been confined to cells at Banksia Hill Detention Centre in contravention of international conventions.
Ms Xamon said the report from the Office of the Inspector of Custodial Services (OICS) found that it was paramount that Banksia Hill’s use of solitary confinement be “backed by robust governance requirements and protections” to ensure “lawful application” of the practice could be distinguished from abuse.
She said confinement provisions in the Act and regulations were dated and inconsistent on basic matters such as out of cell time – and did not meet international minimum standards.
“It has now been 20 years since the Young Offenders Act was last reviewed – and, frankly, legislative changes are urgently needed,” Ms Xamon said.
“A review of the Act was started in 2016 but it was put on hold to allow for the McGowan Government’s proposed machinery of Government changes to Youth Justice.
“It is now almost 18 months into the Government’s term and these changes still have not happened.”
Ms Xamon said given the findings of the Royal Commission into the Protection and Detention of Children in the Northern Territory, there were many aspects of the youth justice system in WA that need to be considered in a review.
She said last week’s OICS report reaffirmed earlier criticism of Banksia Hill regarding poor record keeping, particularly around the use of confinement and restraint, and failure to retain CCTV footage for more than 28 days.
She said the issue of record-keeping raised serious questions about accountability and transparency.
“Moreover, I also share the Inspector’s concerns about the lack of appropriate education for children and young people held at Banskia Hill and the need for alternative placement options,” Ms Xamon said.
