Australian Human Rights Commission
Current issues and good practices in prison management, 16 November 2023
91. On 10 August 2023, the Commissioner for Children and Young People
(Tasmania) also gave evidence before the Inquiry into Tasmanian Adult Prison
and Youth Detention Matters, that between 15 February 2023 and 5 August
2023, 236 advocacy requests were made about the ‘use of lockdowns, unitbound practices, isolation of young people, and restricted movements around
the [Ashley Youth Detention] centre’.146
92. In October 2023 the Tasmanian Inspector of Custodial Services also noted
that ‘[s]taffing shortages seem to be a major reason for the majority of
lockdowns in both adult and youth custodial centres’.147
93. In August 2023, the Yoorook Justice Report (Victoria) noted that, during a
detention centre visit, Commissioners were ‘disturbed to hear’ from young
people about conditions in the centre, including violence by staff and
prolonged confinement in cells due to staff shortages.148 Commissioners were
told that ‘children and young people in one side of the detention centre they
visited had, in the previous two months, only 30 minutes out of their room
each day’.149
94. The Yoorook Justice Report (Victoria) recommended the Victorian Government
take ‘all legislative, administrative and other steps to implement the United
Nations Standard Minimum Rules for the Treatment of Prisoners … including
an express prohibition on the use of solitary confinement on children’.150 It
also recommended that ‘youth justice centres are adequately funded and
properly operated so that the common practice of locking down prisoners in
their cells for prolonged periods for administrative or management reasons
in violation of their human and cultural rights is ended’.151
95. In September 2023, the South Australian Training Centre Visitor, reported that
young people at the Kurlana Tapa Youth Justice Centre had been ‘spending
excessive amounts of time in their rooms’ during 2022-2023.152 On one
occasion it was confirmed that young people had been subjected to solitary
confinement due to staff shortages.153
96. Following the public hearing into conditions in detention in the criminal
justice system in September and October 2022, Counsel Assisting the
Disability Royal Commission (‘Counsel Assisting’) submitted that, ‘safety and
security were the overriding consideration’ regarding decisions to place
people with disability into solitary confinement.154 Counsel also acknowledged
that the practice had ‘the capacity to result in significant harm and to
exacerbate safety issues’,155 and proposed a recommendation that
All States and Territory Government should legislate to prohibit solitary
confinement and for use of restrictive practices including isolation to be used as
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