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| Juvenile detention royal commission told use of force 'routine' at Don Dale – as it happened | |
| (35 minutes later) | |
| 8.02am BST | |
| 08:02 | |
| The commission has ended for today. Both witnesses heard from, Megan Mitchell and Carolyn Richards, will be recalled at a later date as there is a full schedule of witnesses for this week. | |
| The afternoon heard more about the child protection system than detention facilities. | |
| Richards, who was the NT ombudsman, took the commission through some of her 2011 investigation into the child protection system. | |
| Below is a summary of the day. | |
| Updated | |
| at 8.15am BST | |
| 7.55am BST | 7.55am BST |
| 07:55 | 07:55 |
| Richards is asked about terminology regarding “abuse/neglect unsubstantiated”. | |
| She tells the commission commonwealth data publishes national statistics on child protection, including a category of “unsubstantiated reports”. | |
| “I had assumed that meant, as it does in the normal indicator that there had been some investigation and that the information provided proved to be unsubstantiated,” says Richards. | “I had assumed that meant, as it does in the normal indicator that there had been some investigation and that the information provided proved to be unsubstantiated,” says Richards. |
| Not so, according to a witness from the intake service who had recently moved from interstate. | |
| “She was quite shocked to find that in the Northern Territory records of the child protection unit the words ‘abuse or neglect not substantiated’ simply meant that at the end of three months after the notification had come in, if they hadn’t reached it because they were overloaded or if they hadn’t been able to contact the child or the family because they were moving around, or if it had been referred out to one of the regional work units and that work unit had not had time to reach it because it was overloaded, it was entered as ‘abuse/neglect not substantiated’.” | |
| Updated | |
| at 8.16am BST | |
| 7.42am BST | 7.42am BST |
| 07:42 | 07:42 |
| Richards says one witness she spoke to during her investigation, a senior police officer from a regional town, told her there were 3,000 reports from police about children who had been subjected to violence or were present when violence occurred and which had been sent to Central Intake Service. There was no record of these notifications, she says. | Richards says one witness she spoke to during her investigation, a senior police officer from a regional town, told her there were 3,000 reports from police about children who had been subjected to violence or were present when violence occurred and which had been sent to Central Intake Service. There was no record of these notifications, she says. |
| “It was unbelievable, incredible. I just couldn’t believe it, I still can’t. But the evidence was there. It was not happening.” | “It was unbelievable, incredible. I just couldn’t believe it, I still can’t. But the evidence was there. It was not happening.” |
| 7.33am BST | 7.33am BST |
| 07:33 | 07:33 |
| In December 2008 the minister asked for a briefing about the process and a backlog of 380 notifications. She received a seven-page briefing on 13 January, a time which Richards said was notoriously quiet and understaffed because of Christmas holidays. | In December 2008 the minister asked for a briefing about the process and a backlog of 380 notifications. She received a seven-page briefing on 13 January, a time which Richards said was notoriously quiet and understaffed because of Christmas holidays. |
| Richards wrote in her report that the information given to the minister “could not be described as accurate” and that a description of the dummy reports as shorthand was “misleading”. | Richards wrote in her report that the information given to the minister “could not be described as accurate” and that a description of the dummy reports as shorthand was “misleading”. |
| Richards said her previous experience as legal adviser to the consumer affairs bureau meant she was very experienced with misleading and unfair statements. | Richards said her previous experience as legal adviser to the consumer affairs bureau meant she was very experienced with misleading and unfair statements. |
| Updated | Updated |
| at 7.41am BST | at 7.41am BST |
| 7.29am BST | 7.29am BST |
| 07:29 | 07:29 |
| We’re back, with the former NT ombudsman. Apologies for the delay. | We’re back, with the former NT ombudsman. Apologies for the delay. |
| Richards is giving evidence on a 2011 investigation she ran into child protection during the term of the previous Labor government, which she began after receiving information from whistleblowers about 17 children in need. She’s told the commission the Central Intake Service was secretive and withholding information. | Richards is giving evidence on a 2011 investigation she ran into child protection during the term of the previous Labor government, which she began after receiving information from whistleblowers about 17 children in need. She’s told the commission the Central Intake Service was secretive and withholding information. |
| In more than 600 cases of child protection notifications of potential abuse, the assessment process was bypassed with blank “dummy intake forms”. The forms skipped straight to a final step which recorded the notification as “no further action”. | In more than 600 cases of child protection notifications of potential abuse, the assessment process was bypassed with blank “dummy intake forms”. The forms skipped straight to a final step which recorded the notification as “no further action”. |
| “The minister was told that the name of the child, the date of the report, a simple outline of what the facts were, was being recorded, assessed and entered into the database,” says Richards. | “The minister was told that the name of the child, the date of the report, a simple outline of what the facts were, was being recorded, assessed and entered into the database,” says Richards. |
| “And it wasn’t.” | “And it wasn’t.” |
| The minister at the time was Malarndirri McCarthy, now a federal senator. | The minister at the time was Malarndirri McCarthy, now a federal senator. |
| Updated | Updated |
| at 7.40am BST | at 7.40am BST |
| 6.52am BST | 6.52am BST |
| 06:52 | 06:52 |
| Earlier we heard from Andrew Harris, representing former attorney general John Elferink. | Earlier we heard from Andrew Harris, representing former attorney general John Elferink. |
| Harris told the commission the NT government had rescinded its financial assistance for Elferink’s legal fees. | Harris told the commission the NT government had rescinded its financial assistance for Elferink’s legal fees. |
| A spokesman for the NT government has told Guardian Australia they have paid $57,000 in legal fees for Elferink since before the election. | A spokesman for the NT government has told Guardian Australia they have paid $57,000 in legal fees for Elferink since before the election. |
| More to come. | More to come. |
| Updated | Updated |
| at 7.00am BST | at 7.00am BST |
| 6.33am BST | 6.33am BST |
| 06:33 | 06:33 |
| Technically difficulties at the commission have continued … We have adjourned for the moment. Bear with us. | Technically difficulties at the commission have continued … We have adjourned for the moment. Bear with us. |
| Updated | Updated |
| at 7.00am BST | at 7.00am BST |
| 6.10am BST | 6.10am BST |
| 06:10 | 06:10 |
| The restraint chair used against juvenile detainees, including Dylan Voller, was “unacceptable”, Mitchell says. | The restraint chair used against juvenile detainees, including Dylan Voller, was “unacceptable”, Mitchell says. |
| Mitchell’s evidence has ended, and the former ombudsman for the Northern Territory, Carolyn Anne Richards, is appearing via video link. | Mitchell’s evidence has ended, and the former ombudsman for the Northern Territory, Carolyn Anne Richards, is appearing via video link. |
| They are sorting out some technical issues before her testimony starts. | They are sorting out some technical issues before her testimony starts. |
| Updated | Updated |
| at 7.00am BST | at 7.00am BST |
| 5.49am BST | 5.49am BST |
| 05:49 | 05:49 |
| Lawrence is questioning Mitchell on the conditions of Don Dale – what used to be the adult maximum security prison – when she visited in May. | Lawrence is questioning Mitchell on the conditions of Don Dale – what used to be the adult maximum security prison – when she visited in May. |
| “It was a difficult environment for children to be in,” she says. “Especially in the high security area.” | “It was a difficult environment for children to be in,” she says. “Especially in the high security area.” |
| Updated | Updated |
| at 7.00am BST | at 7.00am BST |
| 5.44am BST | 5.44am BST |
| 05:44 | 05:44 |
| The hearing has resumed and a solicitor for Jake Roper, John Lawrence SC, is now cross-examining Mitchell. | The hearing has resumed and a solicitor for Jake Roper, John Lawrence SC, is now cross-examining Mitchell. |
| They are talking again about Opcat, and Lawrence suggests ratifying it would expose Australia and each state and territory to visits without notice to “check us out and see if we are complying with the international standards”. | They are talking again about Opcat, and Lawrence suggests ratifying it would expose Australia and each state and territory to visits without notice to “check us out and see if we are complying with the international standards”. |
| Mitchell says yes, but the visits would be reasonably infrequent. | Mitchell says yes, but the visits would be reasonably infrequent. |
| Australia first became a signatory back in 2009 but hasn’t yet ratified it. Why? | Australia first became a signatory back in 2009 but hasn’t yet ratified it. Why? |
| Various elections and changes of governments were a “spanner in the works” in terms of a political appetite to ratify, says Mitchell. | Various elections and changes of governments were a “spanner in the works” in terms of a political appetite to ratify, says Mitchell. |
| Mitchell had “canvassed” with states about what ratifying the Opcat would mean for states and territories but says she didn’t ask the specific question of whether governments would support it because she’s “not a political player”. | Mitchell had “canvassed” with states about what ratifying the Opcat would mean for states and territories but says she didn’t ask the specific question of whether governments would support it because she’s “not a political player”. |
| She believes it’s still a “live issue” partly because she was informed by the federal Attorney General’s Department that the matter was under “active consideration”. | She believes it’s still a “live issue” partly because she was informed by the federal Attorney General’s Department that the matter was under “active consideration”. |
| Updated | Updated |
| at 7.01am BST | at 7.01am BST |
| 4.58am BST | 4.58am BST |
| 04:58 | 04:58 |
| Lunch break summary | Lunch break summary |
| On the first morning of the royal commission into the protection and detention of children in the Northern Territory we’ve heard the opening address from senior counsel, and most of the questioning of the first witness, Megan Mitchell. | On the first morning of the royal commission into the protection and detention of children in the Northern Territory we’ve heard the opening address from senior counsel, and most of the questioning of the first witness, Megan Mitchell. |
| Mitchell is the national children’s commissioner for the Australian Human Rights Commission. | Mitchell is the national children’s commissioner for the Australian Human Rights Commission. |
| There was a lot of detail covered, and much of it centred around international treaties and conventions and Australia’s obligations. | There was a lot of detail covered, and much of it centred around international treaties and conventions and Australia’s obligations. |
| Here’s a quick summary of where we’re at. | Here’s a quick summary of where we’re at. |
| I’ll resume coverage in half an hour. | I’ll resume coverage in half an hour. |
| Updated | Updated |
| at 4.59am BST | at 4.59am BST |
| 4.40am BST | 4.40am BST |
| 04:40 | 04:40 |
| The commission has adjourned for lunch. I’ll have a summary of the morning’s developments shortly. | The commission has adjourned for lunch. I’ll have a summary of the morning’s developments shortly. |
| 4.36am BST | 4.36am BST |
| 04:36 | 04:36 |
| Evidence-based programs are “an investment in the good order of a centre if you get them right,” says Mitchell. | Evidence-based programs are “an investment in the good order of a centre if you get them right,” says Mitchell. |
| “Without doing these kind of things and having a calm, well-structured environment and programs, you end up with riots and disquiet and kids fighting each other.” | “Without doing these kind of things and having a calm, well-structured environment and programs, you end up with riots and disquiet and kids fighting each other.” |
| 4.28am BST | 4.28am BST |
| 04:28 | 04:28 |
| Peter O’Brien, representing Dylan Voller (heavily focused on by Four Corners) suggests while cross-examining Mitchell that children were being “either prohibited or in some way hindered, or even encouraged against making complaints because of staff threats of retribution” in juvenile detention. | Peter O’Brien, representing Dylan Voller (heavily focused on by Four Corners) suggests while cross-examining Mitchell that children were being “either prohibited or in some way hindered, or even encouraged against making complaints because of staff threats of retribution” in juvenile detention. |
| Mitchell says that was the feeling of some children she spoke to in May. | Mitchell says that was the feeling of some children she spoke to in May. |
| “They might have things denied to them or they might be put back in isolation, or kept longer there” she says. | “They might have things denied to them or they might be put back in isolation, or kept longer there” she says. |
| “These are the kind of things that they alluded to.” | “These are the kind of things that they alluded to.” |
| O’Brien wants names. | O’Brien wants names. |
| Mitchell says she’ll have to get advice on that. | Mitchell says she’ll have to get advice on that. |