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

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