Australian Human Rights Commission Submission to UN Committee Against Torture, 17 October 2014 concerned that children were required to stay in lock down for 17 hours per day and that there was regular use of restraints such as handcuffs and strip searches on the children. The application to quash the decisions was dismissed by the Supreme Court of Western Australia.58 75. Similar concerns have been expressed about the transfer of child offenders from the youth justice system into the adult prison system in Victoria. The Victorian Ombudsman reported in 2013 this occurred on 24 instances, with some children held in solitary confinement for 23 hours each day.59 76. Following recent amendments to the Youth Justice Act 2005 (NT), youth detainees in the Northern Territory legal system may now be transferred to a custodial corrections facility temporarily.60 The Act has recently been amended to apply to those younger than 15 where there is ‘no practical alternative’.61 (c) 77. Diversionary programs The Commission welcomes the following actions by state governments: • Victoria – The Victorian Equal Opportunity and Human Rights Commission advised that following the 2012 release of the Victorian government consultation paper, Practical Lessons, Fair Consequences: Improving Diversion for Young People in Victoria,62 the diversion response for young people in contact with the justice system has been strengthened. • Australian Capital Territory –The strategic direction for youth justice in the ACT is set out in the Blueprint for Youth Justice in the ACT 201222.63 The Blueprint has a focus on early intervention, prevention and diversion with custody used as a measure of last resort. Early signs point to reduced numbers of young people coming into contact with, or becoming further involved in the youth justice system:64 o the number of offences committed by young people decreased by 17 per cent o the number of young people under supervision decreased by 9 per cent o the number of days young people spent in detention reduced by 22 per cent and by 47 per cent for Aboriginal and Torres Strait Islander young people o the number of young Aboriginal and Torres Strait Islanders referred to restorative justice by Australian Capital Territory Policing under the trial initiative increased by 45 per cent. • Tasmania – The Anti-Discrimination Commission advised that there has been a decrease in the number of young people in detention from 18.4 per day in 2012–13 to 11.6 per day during 2013–14. It is considered the decrease is in part reflective of the adoption of a broader range of diversionary programs by Tasmania Police and courts, including the implementation of a pilot Youth Justice Diversion List program involving a single specialist Magistrate dealing with all youth justice matters in southern Tasmania, improved sentencing options (including deferred 19

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