Australian Human Rights Commission
Information for LOIPR - Australia, 27 June 2016
45.
The Commission notes recent amendments to the Youth Justice Act 1992
(Qld) that will stop the transfer to 17-year-olds with six months remaining of
their sentence from a youth justice centre to an adult facility in Queensland.42
However, the Commission is concerned that young people aged 17 years
continue to be treated as adults by the Queensland criminal justice system
and may still serve a sentence of imprisonment in an adult facility.43
46.
The Commission is also concerned about proposed amendments to the Youth
Justice Act (NT) that will expand the circumstances in which restraints,
including restraint chairs, can be used against young people in youth justice
centres in the Northern Territory.44
47.
The National Children’s Commissioner is currently examining how the special
needs and interests of children and young people under the age of 18 in youth
justice centres can be considered and monitored under the OPCAT. Young
people under 18 years detained in adult detention facilities have also been
included.
48.
The project involves a stock-take of current oversight, complaints and
reporting arrangements across the jurisdictions, an analysis of their adequacy
in meeting OPCAT requirements, and the identification of opportunities for
national improvements.
49.
The project also includes consideration of the minimum age of criminal
responsibility and the need to keep detained children in facilities separate from
adults.
50.
The National Children’s Commissioner wants to make sure that the unique
experiences and needs of children are a critical focus. This will contribute to
greater transparency and consistency in the treatment of children in closed
environments across Australia.
51.
The results of this project will be included in the 2016 statutory Children’s
Rights Report. The report will be publically available in December 2016.
52.
Issues for consideration in the LOIPR:
7.3
•
Information on persons under 18 years being detained in adult
facilities.
•
Information on the use of restraints against young people in
custody.
Deprivation of liberty - People with disability
Concluding Observations, para 11
Relevant provisions of the CAT: Article 2, 11 and 16
53.
The Commission notes the Senate Community Affairs References Committee
inquiry into Violence, abuse and neglect against people with disability in
institutional and residential settings.45 The Commission draws the CAT
10