The recent announcement by Victoria's Andrews Labor Government to reform the Youth Justice System has been confirmed by the Minister for Families and Children, Jenny Mikakos: "The Government’s plan is clear: we will build a new, fit for purpose youth justice facility to keep young offenders secure and the community safe."
In response to the announcement, Andrew Jackomos, the Commission for Children and Young People, has suggested that the youth justice model needs to be strengthened following release of the Victorian Ombudsman Report on Youth Justice.
Jackomos tells SBS Living Black Radio, "Before we look at a new prison, somehow successive governments have lost their way on youth justice."
He says, "A trauma informed approach in rehabilitation was the the way forward ten years ago in Victoria in treating young people caught up in the criminal justice system."
Listen to Jackomos's full interview with SBS Living Black Radio below:
The Children’s Commission is monitoring the management of young people in the Juvenile Justice system in Victoria.
The Amnesty State of the World's Human Rights Report, released today, indicates that Australia does not abide by the Convention on the Protection of the Child. Under the Convention, the minimum age to lock up kids is 12, yet here in Australia, we're locking up 10- and 11-year-olds.
Both the Ombudsman's report and the Children's Commission point out that successive governments in Victoria have steered the way young people are treated in juvenile justice to a punitive approach and tough on crime stance.
Commissioner Jackomos says, "It's not about winning votes, yes we have some violent children and you can't deny that, but you also have to look at what has driven these children to act in a certain way, what has happened beforehand?"
"We've heard of children being thugs and criminals, but we haven't heard of the failings of departments in the youth justice system."
"Particularly when we see the majority of the children have come from child protection from the care of the state where the state is the parent of these children for many years."
He says, "I think it's disappointing that in numerous press releases and speeches, that we've heard of children being thugs and criminals, but we haven't heard of the failings of departments in the youth justice system and how they've changed."
The Victorian Ombudsman Report on Youth Justice facilities at the Grevillea Unit of Barwon Prison, Malmsbury and Parkville released in February 2017 outlines the management procedures and events that occurred since the children were transferred from the Malmsbury and Parkville facilities.
The report covers the period up until January 2017, and was in its final stages when the serious disturbances at Malmsbury occurred on 25 January.
Ombudsman Deborah Glass says, "The report evidences the close scrutiny of the Grevillea Unit in Barwon Prison by the Commissioner for Children and Young People since the unit was hastily set up last November."
It also evidences the pressures on the Parkville and Malmsbury facilities: while staff shortages have long been a problem, this has plainly been exacerbated by the creation of Grevillea, with the predictable effect that young people are kept in lockdown for longer periods, creating further unrest.
"Allegations that use of capsicum spray and excessive force are still used as a corrections procedure by prison staff"
Reports of chaos are still being documented by the Human Rights Law Centre at the HM Barwon Prison, where up to 20 youth aged between 15-18 years of age are being detained.
Alina Leikin, Lawyer at the Human Rights Law Centre has been meeting with some of these clients. She says that these clients are showing signs of distress with allegations that the use of capsicum spray and excessive force are still used as a corrections procedure by prison staff.
The Human Rights Law Centre reports that late last year the Victorian Court of Appeal upheld an earlier Supreme Court decision that the Victorian Government acted unlawfully in using Barwon adult prison as a youth justice facility.
The court said that the government didn’t properly consider the children’s human rights and didn’t properly consider other important issues around the children’s well being. The government responded by making a new decision on 29 December to continue to use Barwon in spite of the rulings.
The Human Rights law Centre have put in a new bid to have all of the children removed from the facility after the Indigenous youth were removed by the courts, a protection that did not cover all youth.
Hugh de Kretser, Executive Director at the Human Rights Law Centre, says “Barwon Prison is not safe for children."
"This case is about ensuring that no child is locked up in a maximum security adult jail. It damages their rehabilitation and ultimately harms community safety."