Australian Human Rights Commission
Report title October 2022
likely to be diverted than non-Indigenous children and young people.104
Additionally, children and young people may be denied bail and held in
remand due to a lack of permanent accommodation, or because they are in
out of home care.105
89. The Commission remains concerned about children held in adult prisons.
Each state and territory has legislation that allows children to be detained in
adult facilities under certain circumstances.106 As recently as July 2022,
Western Australia transferred a group of 20 predominately First Nations
children to a maximum security prison, where they were separated from
adult prisoners.107 In Queensland, children are detained in police
watchhouses for days at a time, despite a 2019 commitment by the
Queensland Government to end this practice.108 The Commission has
consistently advocated for Australia to withdraw its reservation to
article 37(c) of the Convention on the Rights of the Child regarding the
obligation to separate children from adults in prison.109
90. Human rights concerns have been raised in relation to the policing of
children and young people. For example, the Commission is concerned that
the NSW police have repeatedly strip-searched children – more than 100
children were among those searched between July 2020 and May 2022. 110
Recommendation 16: Governments should explicitly prohibit the use of
isolation practices and force as punishment in youth justice facilities.
These practices should only be permitted when necessary to prevent an
imminent and serious threat of injury to the child or others, and only
when all other means of control have been exhausted.
Recommendation 17: The Northern Territory Government fully
implement the recommendations of the Northern Territory Royal
Commission.
Recommendation 18: Governments legislate against the detention in
adult facilities of persons under 18 years.
Recommendation 19: Governments raise the minimum age of criminal
responsibility from 10 years to at least 14 years.
Recommendation 20: Governments ensure that imprisonment of
children and young people occurs only as a last resort and for the
shortest appropriate period of time, including through identifying and
removing barriers for young offenders accessing diversionary programs,
in particular for First Nations children. Governments should expand the
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