9.3
Children in conflict with the law
(a)
Monitoring and oversight of juvenile detention
327. Australia’s ratification of OPCAT provides an important opportunity to
systematically and regularly monitor juvenile detention facilities across
Australia for their compliance with human rights.
328. In 2016, the NCC conducted a national investigation into the treatment
and oversight of children detained in correctional facilities in order to
evaluate Australia’s potential compliance with OPCAT requirements.311 She
found that while there has been considerable recent work undertaken to
improve oversight and monitoring mechanisms for children who are
detained, all jurisdictions have issues that will need to be addressed for
OPCAT compliance. These include: functional independence; expertise of
personnel; necessary resources for functioning; access to places of
detention and children in detention; power to make recommendations;
access to information; and annual and other public reporting.
329. The NCC also spoke to children in juvenile justice centres and an adult
correctional facility about their perspectives on their treatment and living
conditions. They highlighted their lack of awareness of rights and a
reluctance to make complaints about their treatment.312The importance of
robust oversight of juvenile justice centres for protecting the rights of
detainees was made clear by the NT Royal Commission, which found that
the Northern Territory lacked strong oversight and complaints processes
for its juvenile justice centres.313 It recommended that the Northern
Territory Government provide the Northern Territory Commission for
Children and Young People with functions that are compatible with the
functions of a National Preventative Mechanism under OPCAT. 314
330. In 2017, the Commission conducted consultations with civil society to
facilitate the effective implementation of OPCAT in Australia. In its interim
report, it noted the need to pay particular attention to the needs of
children in all forms of detention.315
Recommendation 47: Australian Governments review existing systems of
monitoring and inspection of juvenile justice facilities for compliance with
OPCAT, and amend their legislative frameworks accordingly.
(b)
Use of isolation and force in juvenile detention
331. Despite legislation in most states and territories that prohibit the use of
isolation and limit the use of force to certain circumstances, allegations of
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