Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
86. In October 2022, the Western Australian Inspector of Custodial Services
reviewed the use of confinement and management regimes in that State’s
prisons and found, with respect to separate confinement, that:
a. prisoners in separate confinement are provided with few
opportunities to engage meaningfully with other people;136
b. the yards available to prisoners in confinement are not always
conducive to providing access to open air and exercise;137
c. prisoners placed in separate confinement are provided with very
few cell-based activities and stimulation;138 and
d. prisoners are often held in their cells for 20–23 hours a day with
little sensory or mental stimulation.139
87. In October 2022, the New South Wales Ombudsman revealed it had received
1,876 separation and segregation notifications (exceeding 24 hours) in youth
detention for the 2021–2022 period, a 7% and 46% increase from the 20202021 period.140 These numbers did however fall over the 2022-2023 period to
1,712 in part due to relaxing of COVID-19 pandemic separation
requirements.141
88. In February 2023, the Queensland Children’s Court published evidence that a
13-year-old boy with Foetal Alcohol Syndrome and Attention Deficit
Hyperactivity Disorder, was subjected to solitary confinement.142 Of the last 87
days he spent in detention at the Cleveland Youth Detention Centre, he had
been confined to his cell for 20 hours or more per day for 78 days. For ten of
those days, he was confined to his cell for 24 hours per day.
89. In July 2023, the Western Australian Supreme Court ruled that three detainees
were unlawfully subjected to ‘solitary confinement [in their cells] on a
frequent basis’ at the Banksia Hill Youth Detention Centre and Unit 18 of
Casuarina Prison.143 Justice Tottle noted in his judgement that
The causes of the systemic failure are an endemic shortage of suitably
qualified staff, inadequate infrastructure and a consequent inability to
manage detainees with difficult behavioural problems.144
90. In July 2023, the Commissioner for Children and Young People (Tasmania)
urged the Tasmanian National Preventive Mechanism to consider the use of
isolation practices, including the use of lockdowns and restrictive practices for
operational reasons at Ashley Youth Detention Centre, as a ‘matter of
priority’, emphasising that ‘[c]hildren’s rights are repeatedly trumped due to
chronic staff shortages and/or workplace health and safety considerations’.145
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