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