84. Solitary confinement and lockdowns continue to be used in youth justice centres. In the Western Australian Banksia Hill detention centre, extensive ‘rolling’ lockdowns in early 2022 led to one teenage boy being locked in his cell on more than 25 separate occasions for up to 20 hours a day. The Western Australia Supreme Court ruled that this breached the Young Offenders Act 1994 (WA).95 The Court found that the repeated use of lockdowns was primarily caused by ‘chronic staff shortages’.96 The Western Australia Inspector for Custodial Services had previously formed a view that conditions in Banksia Hill were potentially ‘cruel, inhuman and degrading’ and operated like ‘an adult prison’.97 85. In July 2022, the Tasmanian Ashley Youth Detention Centre instituted a twoweek lockdown, where detainees were locked in their rooms and only let out on a rotational 40-minute basis. This was also attributed to staffing shortages.98 Currently, Tasmania's Commission of Inquiry into Government Responses into Child Sexual Abuse in Institutional Settings is also inquiring into sexual abuse at the Ashley Youth Detention Centre.99 86. The evidence indicates that children entering youth detention have significant pre-existing vulnerabilities, including neurological disabilities, trauma and mental health issues.100 In detention they are not receiving the specialist therapies and treatment they need. These pre-existing issues are exacerbated by the experience of incarceration, which leads to behaviours such as suicide attempts and self-harm. The Commission is concerned about the failure to provide treatment for pre-existing conditions; the failure to ensure detention does not further traumatize children; and the failure to provide qualified acute mental health treatment for suicidality and self-harm to ensure safety and promote recovery. 87. The Commission urges the Australian Government to raise the minimum age of criminal responsibility to at least 14 years, in line with international standards.101 In August 2020, the ACT became the first jurisdiction in Australia to support raising the age of criminal responsibility from ten to 14 years. In a November 2021 meeting, state Attorneys-General supported the development of a proposal to increase the minimum age of criminal responsibility from ten to 12 years.102 However this has not been enacted in any of the state jurisdictions. 88. Article 37(b) of Convention on the Rights of the Child states that children should only be deprived of liberty as a last resort and for the shortest appropriate period of time. However, diversion is underutilised for a variety of reasons, including limits to who can access the programs, insufficient staffing allocated to diversion, and lack of sufficient appropriately funded and culturally appropriate programs.103 The Northern Territory Royal Commission found that First Nations children and young people are less 20