WA Children’s Commissioner disappointed by government response to inquiry into state’s notorious youth prisons

Released in August, ‘Hear Me Out’ features the voices and perspectives of 43 children and young people detained at Banksia Hill and Unit 18, along with staff and service providers. It also includes 16 findings and recommendations, which are primarily based upon the data and information provided to the inquiry by the Department of Justice.

During the final sitting week of Parliament for 2024, the WA Government tabled a response to the findings and recommendations made by the Commissioner.

Ms McGowan-Jones noted on Wednesday that the lives of two boys, including Yamatji 16-year-old Cleveland Dodd, have been lost in custody since she began the inquiry.

“I acknowledge that progress has been made in many areas including out of cell hours, but we need to do more before another life is lost or self-harming continues to rise,” she said.

“A key recommendation I made was the need for individualised supports for children and young people to meet their individual, specific, and often complex, needs. This is critical for those who have cognitive impairments, disabilities, and neuro-divergence.

“Individualised comprehensive mental health supports are also required for each child or young person – that recognise their specific requirements in relation to trauma, loss, and grief.”

The Commissioner said while additional programs, services and supports have been engaged since her report, it is still a key area of concern.

“There also still appears to be a focus on physical security over relational security and the response to a significant number of my recommendations indicate there is work underway or earmarked, but with no specific detail as to what changes will be made,” she said.

“I will be seeking further clarification and monitoring this progress closely over the coming year.

“For children and young people in detention it is important to have a say in plans and decisions for them; focus on the needs rather than the behaviours and make sure they know what to do if they are worried about something.”

The Commissioner noted that she and her staff visited Banksia Hill and Unit 18 this week and took part in a workshop specifically on the Model of Care.

“I will continue to visit in 2025 on a regular basis as the children and young people have made it clear they want me there to continue to advocate for them,” she said.

The long-running dire conditions within WA’s youth detention centres, in which Indigenous children are over-incarcerated at a rate four time the national average, has drawn criticism for leading justice and health experts.

Last May, the Aboriginal Legal Service of WA has revealed the shocking extent of abuse within the system, and more than two years ago, Greens MP Brad Pettitt turned a spotlight on the alarming rate of self-harm among detained children.

Former Custodial Inspector, Professor Neil Morgan, and former Children’s Court President Denis Reynolds, have been scathing in their assessments of the system.

On 3 October 2023, due to ongoing concerns regarding children and young people in detention in WA, the Commissioner determined it critical to hear the views of detainees at Banksia Hill Detention Centre and Unit 18 custodial facilities at Casuarina Prison.

The Commissioner’s role is to ask children and young people what they think about issues that affect them. This includes children and young people in detention.

The 43 young people we interviewed shared their views on daily life at both facilities, including interactions with staff, services, education, food, family contact, concerns and their hopes for the future.

In her ‘Hear Me Out’ Inquiry Report the Commissioner made 16 recommendations including reviewing, monitoring, and evaluating the model of care for children and young people in detention to ensure they are working and focusing on continuous improvement including:Individualised planning required for each young person to address individual diverse and complex needs, including developmentally appropriate supports required; Balancing relational and physical security; Recording things such as hours out of cell, educational needs, reasons for cancelled visits, individualised programs/activities, health and mental health needs; Adequate resourcing, and staff supported to do the jobs and build better relationships; Government agencies working together (Education, Health, Communities, Training and Workforce Development) to deliver school programs, activities, health and mental health services; Providing children and young people ways to let someone know if there is something they are worried about; Providing better information on admission; Extending model of care to Unit 18; and Improving services and supports for children and young people upon exit to prevent them returning.