Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
regarding use of the practice; finding that of the 4,077 strip searches
conducted in the Australian Capital Territory between 2021-2022, 30% were
undertaken on First Nations males and 58% on First Nations women.128
80. Several reviews have evidenced the inefficiency and harms of strip searching
to both prisoners and staff alike, and have noted that ‘there are less invasive,
intelligence-based approaches that would mitigate the risks involved in
routine strip-searching and be more in step with contemporary custodial
practice’.129
81. Despite several jurisdictions adopting these less intrusive search methods
and technologies, there remains evidence that ‘strip-searching continues to
be a default response in circumstances where there is no identified risk’.130 As
noted by the Yoorook Justice Report (Victoria), the fact that routine strip
searching continues to be performed is unacceptable.131
82. The Commission additionally notes the correlation made by the Cultural
Review of the Adult Custodial Corrections System (Victoria) that inappropriate
strip searching ‘often occur[s] alongside other integrity concerns such as
threats, verbal abuse or physical assault’,132 and ‘may also be symptomatic of
a more pervasive culture of disrespect’.133
4.3
Solitary confinement
83. The use of solitary confinement or solitary confinement-like practices in
Australian prisons and youth detention remains a significant concern of the
Commission. While the term ‘solitary confinement’ is generally not used in
Australian legislation; many people are subjected to these conditions, as
‘segregation’, ‘isolation’, ‘lockdown’ or ‘separate confinement’.
84. The Commission notes that ‘[solitary confinement] can increase or exacerbate
trauma, contribute to the deterioration of mental health and limit
participation in rehabilitative programs, all of which increase the likelihood of
prisoners struggling in prison and on their release. These effects are
particularly felt by those that are vulnerable or have mental illnesses or
cognitive disabilities’.134
85. Multiple studies also confirm that the use of solitary confinement in
institutional settings is often harmful to young people. There is ‘unequivocal
evidence’ that solitary confinement has a profound impact on health and
wellbeing, and that children and young people are particularly susceptible. 135
A vast body of research confirms that young people, until around 25 years,
are still developing physically, mentally, neurologically and socially, and as a
result, solitary confinement poses a serious risk of long-term harm.
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