Children Don’t Belong In Adult Prison System: Peak body concerned by Government decision

The peak body for community lawyers in Victoria is deeply concerned by the Victorian Government decision, announced today, to move youth justice from the Department of Health and Human Services into Corrections Victoria – the department that manages adult prisons.

The Victorian Federation of Community Legal Centres joins leading human rights and social welfare bodies in raising deep concerns about the move.

“There are good reasons why children are treated differently to adults in the justice system. It is well understood that child and adolescent brain development affects the way young people think and act. We also know that, when given access to proper rehabilitation, children have a very good chance of moving in a new direction,” said Federation Executive Officer, Serina McDuff.

Ms McDuff said that the decision to move youth justice into the department that manages adult prisons risks causing long term damage to children and undermining community safety.

To find meaningful pathways out of the system, children need access to education, skills training, counselling and other support, said Ms McDuff.

“These are often very vulnerable children from highly disadvantaged backgrounds. We know that when they can access support and opportunities, they make better choices.”

Ms McDuff criticised the short sightedness of the government’s response.  She noted that, following recent exposure of severe mistreatment of children in Northern Territory prisons, governments, legal bodies and welfare agencies around Australia are working to improve youth justice.

“Just as governments around Australia are finally developing smarter, better pathways to rehabilitation, the Victorian Government is taking an astounding leap backwards. Victoria has previously led the way and is now at risk of going against the evidence of what works.”

Ms McDuff highlighted critical staff shortages in existing youth justice facilities. “At times we’ve got children being locked down for up to 23 hours a day simply because there aren’t enough staff members on duty. The government needs to address these core issues alongside infrastructure upgrades.”

“This is a lose-lose situation. It risks trapping vulnerable children in an ineffective system, as well as jeopardising community safety. There is no evidence this move will address the current issues. The Victorian Government should be improving our youth justice system and building on effective responses, such as diversion initiatives, access to education and smaller institutional settings.”

For media comment

Serina McDuff

Executive Officer
0451 411 479

Community lawyers and advocates voice strong support for royal commission on youth detention

Community lawyers and advocates have strongly supported calls for a royal commission following revelations of young people held in isolation and severely mistreated in detention in the Northern Territory.

They say the inquiry must focus on solitary confinement, the use of restraints, the practice of remand, and the over-representation of Aboriginal and Torres Strait Islander young people in youth detention.

‘Last night’s Four Corners program was shocking, but it’s important to recognise that solitary confinement is damaging and abhorrent in itself, before we even consider the further abuse detailed in the program. It breaks the spirit, causes serious psychological and physical harm, and heightens the risk of self-harm and suicide,’ said Tiffany Overall, convenor of Smart Justice for Young People, today.

‘Solitary confinement should be banned. Children require support to rehabilitate, not punitive, barbaric responses. Yet we know that solitary confinement is used for behavioural management in all states and territories,’ she said.

In addition to the royal commission, Overall called on the Federal Government to ratify the Optional Protocol to the Convention Against Torture (OPCAT), which Australia signed in 2009, to enhance commitment to independent monitoring, oversight and investigation of the treatment of children and young people in detention in Australia.

The Federation of Community Legal Centres has also strongly backed a royal commission and swift action to protect children and young people, but warns the circumstances revealed in last night’s report may not be confined to the Northern Territory.

‘Complementing the royal commission, all States and Territories need to take action and ensure accountability so that children are protected,’ said Serina McDuff, executive officer of the Federation, today.

‘Last night’s program underlines the risks of recent calls for increased use of incarceration as a simplistic response to youth offending in Victoria. It’s why we say it must be a last resort, and why we need the strongest possible scrutiny to ensure that when incarceration is used, it’s an opportunity for rehabilitation, not damage and abuse,’ McDuff said.

She said the Federation, through its Smart Justice project, would continue to advocate for alternatives to reduce incarceration, including rehabilitation, effective diversion and early intervention.

Download this media release (PDF)

For media comment

Tiffany Overall
0400 903 034

Serina McDuff
0451 411 479