mistreatment of children in juvenile justice have arisen in several jurisdictions over recent years.316 332. The NT Royal Commission final report details the failings of the Northern Territory juvenile justice system, including that child detainees were: • frequently subjected to verbal abuse and racist remarks • deliberately denied access to water, food and use of toilets • restrained in ways that were potentially dangerous, and in situations that were not emergencies • subjected to isolation excessively, punitively and in breach of the Youth Justice Act (NT).317 333. The Northern Territory Government has indicated that it supports either in full or in principle all 227 of the recommendations of the NT Royal Commission and has prohibited the use of isolation for the purposes of discipline. 334. The use of isolation practices in juvenile justice detention differs by jurisdiction, and may not conform to the requirements of the CRC. For example, the Commission has raised concerns318 that under NSW law a child detainee in a juvenile justice centre in NSW may be ‘confined’ as a form of punishment for misbehaviour, while ‘segregation’ specifically may not be used for punishment.319 Similarly, the Commission has expressed concerns about how force, including restraint, is permitted in the NSW system. It noted that the NSW regulations allow a juvenile justice officer to use force, which includes instruments of restraint, in a broad range of circumstances, rather than the more limited circumstances specified by the Committee on the Rights of the Child.320 335. Legislative, regulatory and oversight frameworks need to be complemented by strengthening the culture of the youth detention environment to reflect a rehabilitative and trauma-informed approach. As pointed out by Jesuit Social Services in its submission, part of the challenge of supporting a rehabilitative approach in juvenile justice is that ‘staff are often low-paid and operating in a culture of monitoring and compliance’.321 Recommendation 48: Australian Governments explicitly prohibit the use of isolation practices and force as punishment in juvenile justice facilities. These practices should only be permitted when necessary to prevent an imminent and serious threat of injury to the child or others, and only when all other means of control have been exhausted. 58

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