A damning report tabled in WA state parliament today has concluded that the Banksia Hill Juvenile Detention Centre has breached international human rights standards.
The report comes a day after an announcement of a $25.1m funding injection by the WA Government into the centre.
Written by the Inspector of Custodial Services (IOCS), the report follows an inspection of the facility's Intensive Support Unit (ISU) that was conducted in December 2021, in response to increasing concerns about the welfare of inmates.
The report focused on four case studies of inmates to gauge how many out-of-cell hours they were provided.
"We found a steady deterioration in average out of cell hours during 2021. And there were several days in November 2021 when the four young people did not receive the minimum time out of cell required by either the relevant legislation and policy, or the international instruments," wrote Inspector Eamon Ryan.
"We concluded that their human rights were being breached on those occasions."
Months prior to the inspection, a rise in critical incidents had occurred including an increase in detainee self-harm, suicide attempts and staff assaults.
An observation cell at Banksia Hill. Source: Supplied/OICS
"The Centre was presenting as increasingly in crisis and unable to safely manage the needs of all of the young people in detention. This was especially so for a cohort of highly vulnerable youth acting out regularly and through their actions dominating the attention of the management of the facility," said Inspector Ryan.
“What much of it comes down to is that it is not fit for purpose as a youth detention centre. It looks like, and in many respects runs like, an adult prison."
'We need action now'
In 2020, the Inspector found that of the 77 children at Banksia Hill, 74 per cent were First Nations.
Noongar Human Rights lawyer and advocate, Dr Hannah McGlade told NITV News that the report confirms community fears about what is happening inside the centre.
"We have known for some time that the situation at Banksia is dire, and the international standards regarding solitary confinement are not being upheld, are being breached," she said.
Dr McGlade said that despite the state government's investment on Monday, action is too far off.
"Children's human rights are being violated now, we need action now. We are talking about children, who are not fully developed, who are not entirely responsible for their situation and who may be damaged for life as a result of state-sanctioned abuse - which we know is happening.
"It is operating as an adult prison, that is such a violation of children's fundamental human rights."
The report says that due to the extreme pressure the facility was under, those in detention were not being managed in alliance to operational standards, or international standards.
Human rights lawyer Hannah McGlade. Source: NITV The Point: Kearyn Cox
The report notes the impact of staff shortages, the regular deployment of the Department of Justice's Special Operations Group and the use of chemical agents, such as pepper spray, on detainees.
It was also found that inmates who were not involved in critical incidents were denied access to services such as education, training and recreation as resources were dedicated to ISU management.
Whilst Mr Ryan acknowledged the need for management at the centre, he raised concerns about the Department's duty of care.
“This tells us that the management and care of these children must be trauma-informed and evidence-based with at the very least an equal focus on welfare needs alongside custodial needs,’ he said.
Toilets in the education centre at Banksia Hill. Source: Supplied/OICS
Government response
The Department of Justice noted that the report's recommendations aligned with “current and proposed practice changes and service reform projects”.
The state government is “reforming operations, bolstering staff and upgrading infrastructure” at the prison to better serve those incarcerated.
This includes the development of a new operating philosophy and service model for Banksia Hill and, in response to staff shortages, the employment 40 new Youth Custodian Officer recruits since February, with more to come.
Since February, the prison has also seen a reduction in unscheduled lockdowns and increased out-of-cell hours.
Director-General Dr Adam Tomison said that the calm recorded now at the facility follows a difficult period.
Banksia Hill is WA’s only custodial facility for children. Source: Supplied/OICS
“The improvements and reforms are helping return the centre to normal and safer operations, allowing the ISU in particular to sustainably address the needs of at-risk young people," he said.
Despite the Department's commitment to change, Mr Ryan said it needs to be immediate.
"The young people in Banksia Hill need change now – they need support, understanding and more appropriately trained staff with a focus on youth care. Their rights need to be respected," he said.
More money coming in
The 2022-23 state budget invested $25.1m to improve Banksia Hill.
On Monday, a further $7.5m was dedicated to building a Crisis Care Unit at the prison and $3.6m to staffing an Aboriginal Services Unit.
In announcing the investment, Corrective Services Minister Bill Johnston said the state wants to ensure “positive outcomes for all young people” with a particular focus on “supporting Aboriginal youth across WA”.
But CEO Ngalla Maya Aboriginal Corporation Mervyn Eades told NITV News he felt it was a “political stunt”.
Ngalla Maya CEO Mervyn Eades. Source: Aaron Fernandes, SBS News
“To make the state look like they’re doing something when in real-time they’re not,” he said.
“That’s 6 million dollars 4 years. The spending is minute and as far as the crisis unit and the self-harms. That won’t stop it will just keep on going on like it normally does.”
Mr Eades believes the funding announcement is in response to the current Banksia Class Action.
