Australian Human Rights Commission Current issues and good practices in prison management, 16 November 2023 children in Queensland in these highly unsuitable environments, noting reports of extended periods in solitary confinement, no access to necessary child-appropriate facilities, and limited natural light, fresh air, exercise, and activity opportunities. Given the significant rates of incarceration of First Nations peoples of all ages, including in Queensland, we are also concerned the Queensland Government’s actions will have a disproportionate impact on First Nations children, who already face other sustained, compounded challenges.102 63. In September 2023, Commission of Inquiry into Child Sexual Abuse criticised the Tasmanian Government on its approach of transferring young people from youth detention to adult prisons ‘without any oversight from a court, tribunal, parole board or other independent body’.103 The Commission of Inquiry into Child Sexual Abuse noted: This approach fails to recognise the effects of trauma on children and young people’s ability to regulate their emotions and behaviour. It risks children and young people who have been abused or who have experienced neglect or other adverse childhood experiences feeling as though others consider they are beyond help. It may have the effect of punishing them for the failure of the youth justice system to support them to address their challenges.104 64. In November 2023, the Victorian Commission for Children and Young People stated that ‘children should not be held in the adult prison system’ following an investigation into a matter where a young person had been effectively isolated for a period of time, with no access to education and restricted access to programs; and for a short period restricted access to water after the application of the spit hood despite having not been involved in a spitting incident.105 4 Detention practices of concern 4.1 Use of spit hoods 65. In a submission made to the Australian Federal Police, the Commission stated it considers the use of spit hoods ‘to be inherently dehumanising and to pose significant risks of injury and even death’ and ‘recommends that Australia bans spit hoods by law, for all people of all ages and in all settings’.106 66. In August 2023, the Special Rapporteur on Torture, made the case for the prohibition of spit hoods, in her report on the global trade in equipment that can inflict torture and other cruel, inhuman or degrading treatment or punishment.107 The Special Rapporteur remarked spit hoods ‘carry serious risk 15