Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
58. Also in September 2023, the Disability Royal Commission recommended in its
Final Report that ‘States and territories that have not already done so should
introduce legislation to raise the minimum age of criminal responsibility to
14’.93
3.2
Children and young people detained in adult facilities
59. In July 2022, 17 young people were moved from the Banksia Hill Youth
Detention Centre in Western Australia to the adult Casuarina Prison due to
‘disruptive behaviour at the youth detention centre’.94 The Commission noted
at that time that the move was ‘not a safe or suitable option for these young
people’ and emphasised the need for immediate assessments for mental
health concerns and appropriate, ongoing care.95 In November 2022, the
Western Australian Inspector of Custodial Services Inspector of Custodial
Services criticised the ‘brazen overuse of lockdowns’ on young people at
Banksia Hill and Casuarina Prison while revealing his greatest fear was that a
child would take their own life while in custody.96 Following the death of
Cleveland Dodd in October 2023, the Inspector noted he was ‘shocked but
ultimately not surprised’ given warnings had been raised by advocates for
over a year.97
60. On 24 August, the Queensland Parliament legislated retrospectively to permit
the indefinite detention of children and young people in police watch houses
by suspending the application of aspects of the Queensland’s Human Rights
Act 2019.98 The changes came after the Queensland Government received
advice from the state’s Solicitor-General suggesting young people may have
been illegally detained for years.99
61. In August 2023, the Queensland Family and Child Commission reported that
there had been 8,030 admissions of children and young people into police
watchhouses or stations in 2021–22.100 The Queensland Human Rights
Commission additionally noted that between 15 August 2022 and 15 February
2023, there were approximately 23 newly remanded children and young
people per day, 32% of whom spent more than 24 hours in the watch house,
and 8% of whom (or 332 individuals over a 6-month period) spent more than
7 days. There were 10 cases of young people being detained in watchhouses
for more than a month.101
62. On 6 September 2023, members of the Australian National Preventive
Mechanism issued a statement saying:
Police watch houses are not designed for long-term detention, and neither
watch houses nor adult correctional facilities are designed for children. We
are gravely concerned about the long-term and indefinite detention of
14