'Juvenile detainees weren't told of rights when locked up, report says Juvenile detainees weren't told of rights when locked up, report says' diff viewer (3/4)

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~~Juvenile detainees weren't told of rights when locked up, report says~~	Juvenile detainees weren't told of rights when locked up, report says Juvenile detainees weren't told of rights when locked up, report says
2016-12-04 09:10:12 UTC	2016-12-04 14:25:18 UTC (about 5 hours later)
More than 60% of juvenile detainees interviewed by the Human Rights Commission weren’t told or don’t remember being told of their rights when they were locked up, a new report has said.	More than 60% of juvenile detainees interviewed by the Human Rights Commission weren’t told or don’t remember being told of their rights when they were locked up, a new report has said.
In the organisation’s annual Children’s Rights report, the national children’s commissioner, Megan Mitchell, also specifically investigated juvenile detention.	In the organisation’s annual Children’s Rights report, the national children’s commissioner, Megan Mitchell, also specifically investigated juvenile detention.
This year saw a wave of incidents and revelations in multiple states about alleged mistreatment and abuse inside correctional facilities. The Northern Territory system is currently under examination by a royal commission.	This year saw a wave of incidents and revelations in multiple states about alleged mistreatment and abuse inside correctional facilities. The Northern Territory system is currently under examination by a royal commission.
Mitchell continued recommendations that Australia ratify the optional protocol the the convention against torture and withdraw its reservation from an obligation under the convention on the rights of the child to separate children and adults in detention.	Mitchell continued recommendations that Australia ratify the optional protocol the the convention against torture and withdraw its reservation from an obligation under the convention on the rights of the child to separate children and adults in detention.
The Victorian government was set to face a legal challenge over juveniles being held in an adult facility following disturbances at Parkville youth detention centre.	The Victorian government was set to face a legal challenge over juveniles being held in an adult facility following disturbances at Parkville youth detention centre.
On an average day in 2014-15 about 16% of children who were in contact with the justice system were in detention.	On an average day in 2014-15 about 16% of children who were in contact with the justice system were in detention.
“Children and young people in youth justice detention don’t always know that they have the right to access the basic things they need,” Mitchell said.	“Children and young people in youth justice detention don’t always know that they have the right to access the basic things they need,” Mitchell said.
“When we were confronted by shocking CCTV footage of children being mistreated in Don Dale youth detention centre in Darwin and other centres around Australia, many in the Australian community have asked: why is this happening in 21st-century Australia? Given it was known about by public officials, with at least one published report detailing the incidents, why was nothing done?”	“When we were confronted by shocking CCTV footage of children being mistreated in Don Dale youth detention centre in Darwin and other centres around Australia, many in the Australian community have asked: why is this happening in 21st-century Australia? Given it was known about by public officials, with at least one published report detailing the incidents, why was nothing done?”
Mitchell held nine workshops in Australian juvenile and adult detention facilities, speaking to almost 100 children and young people about their experiences.	Mitchell held nine workshops in Australian juvenile and adult detention facilities, speaking to almost 100 children and young people about their experiences.
She said 64% said they were not told about their rights or didn’t remember being told about their rights when they arrived at the various correctional facilities. Of the young people held in adult facilities, 60% said the same.	She said 64% said they were not told about their rights or didn’t remember being told about their rights when they arrived at the various correctional facilities. Of the young people held in adult facilities, 60% said the same.
“Of the 25 respondents in youth justice centres, 52% indicated that they did not remember if they were provided with any information or no information was given,” Mitchell said.	“Of the 25 respondents in youth justice centres, 52% indicated that they did not remember if they were provided with any information or no information was given,” Mitchell said.
She said 16% of respondents in juvenile facilities and 63% of respondents in adult facilities said the information they were given was mainly around rules and regulations.	She said 16% of respondents in juvenile facilities and 63% of respondents in adult facilities said the information they were given was mainly around rules and regulations.
“A 17-year-old male in Queensland told me: ‘[Told] nothing at all … Staff treat us like adults and expect us to know our rights – which we do not.’”	“A 17-year-old male in Queensland told me: ‘[Told] nothing at all … Staff treat us like adults and expect us to know our rights – which we do not.’”
Mitchell’s survey found that 92% of children in juvenile centres and 85% of young people in adult centres were aware of specifically how to make a complaint about their treatment inside centres, however more than half identified reasons that would stop them doing so.	Mitchell’s survey found that 92% of children in juvenile centres and 85% of young people in adult centres were aware of specifically how to make a complaint about their treatment inside centres, however more than half identified reasons that would stop them doing so.
The biggest reason – given by 40% of those respondents – was fear of retribution by staff. Another 20% felt it would be a waste of time.	The biggest reason – given by 40% of those respondents – was fear of retribution by staff. Another 20% felt it would be a waste of time.
Mitchell also heard from detainees that basic toiletries such as shampoo and soap were sometimes linked to rewards systems.	Mitchell also heard from detainees that basic toiletries such as shampoo and soap were sometimes linked to rewards systems.
Among the respondents young people in adult facilities reported feeling unsafe at a higher rate (25%) than young people in juvenile facilities (12%).	Among the respondents young people in adult facilities reported feeling unsafe at a higher rate (25%) than young people in juvenile facilities (12%).
Other concerns included a report by one young person, citing the importance of freedom of religion, who “had to go through a lot of shit for the centre to recognise [his] conversion to Islam”.	Other concerns included a report by one young person, citing the importance of freedom of religion, who “had to go through a lot of shit for the centre to recognise [his] conversion to Islam”.
Among the 12 recommendations Mitchell also called for an end to mandatory sentencing of children and young people in all jurisdictions, and for significant action on international law.	Among the 12 recommendations Mitchell also called for an end to mandatory sentencing of children and young people in all jurisdictions, and for significant action on international law.
By ratifying the optional protocol on the conventions against torture, which Australia signed seven years ago, jurisdictions would be obligated to permit and install better oversight of youth justice processes and detention.	By ratifying the optional protocol on the conventions against torture, which Australia signed seven years ago, jurisdictions would be obligated to permit and install better oversight of youth justice processes and detention.
“I can only wonder whether incidents like those at the Don Dale youth detention centre would have been prevented had the oversight mechanisms of the OPCAT been in place,” Mitchell said.	“I can only wonder whether incidents like those at the Don Dale youth detention centre would have been prevented had the oversight mechanisms of the OPCAT been in place,” Mitchell said.
The report also called for the age of criminal responsibility to be raised from 10 to 12, for greater data collection on children held in detention and for the federal government to adopt justice targets relating to the high rates of Indigenous children incarcerated.	The report also called for the age of criminal responsibility to be raised from 10 to 12, for greater data collection on children held in detention and for the federal government to adopt justice targets relating to the high rates of Indigenous children incarcerated.
While the overall rate of children in detention reduced, the overrepresentation of Indigenous children and young people increased.	While the overall rate of children in detention reduced, the overrepresentation of Indigenous children and young people increased.
In every jurisdiction Indigenous children were more likely than non-Indigenous children to be incarcerated, ranging from double the rate in Tasmania, to 27 times more likely in Western Australia. Other states and territories ranged between 13 and 21 times the rate.	In every jurisdiction Indigenous children were more likely than non-Indigenous children to be incarcerated, ranging from double the rate in Tasmania, to 27 times more likely in Western Australia. Other states and territories ranged between 13 and 21 times the rate.
In the Northern Territory, where 97% of juvenile detainees are Indigenous, the government has pledged to review and rewrite its youth justice act based on the recommendations the current royal commission returns.	In the Northern Territory, where 97% of juvenile detainees are Indigenous, the government has pledged to review and rewrite its youth justice act based on the recommendations the current royal commission returns.
On Friday the NT parliament passed a bill formally banning the use of restraint chairs against juvenile detainees in both youth and adult facilities.	On Friday the NT parliament passed a bill formally banning the use of restraint chairs against juvenile detainees in both youth and adult facilities.
The bill clarifies allowable restraints as handcuffs, ankle cuffs and waist-restraining belts, but bans the controversial restraint chairs seen in the Four Corners episode on Don Dale.	The bill clarifies allowable restraints as handcuffs, ankle cuffs and waist-restraining belts, but bans the controversial restraint chairs seen in the Four Corners episode on Don Dale.
The bill also increases oversight measures including reporting requirements for every incident of restraint use.	The bill also increases oversight measures including reporting requirements for every incident of restraint use.
The territory’s families minister, Dale Wakefield, said it did not mean youths would never be restrained and the changes made it safer for frontline workers.	The territory’s families minister, Dale Wakefield, said it did not mean youths would never be restrained and the changes made it safer for frontline workers.
“This is about making sure that efforts to de-escalate behaviours are used in preference to difficult and dangerous restraint procedures,” she said.	“This is about making sure that efforts to de-escalate behaviours are used in preference to difficult and dangerous restraint procedures,” she said.
“This makes it safer for our frontline workers. And it results in better outcomes for children that are in our care, many of whom come from a background of trauma and violence.”	“This makes it safer for our frontline workers. And it results in better outcomes for children that are in our care, many of whom come from a background of trauma and violence.”
The deputy opposition leader, Lia Finocchiaro, welcomed the amendment and said it formalised a ban announced by the former chief minister Adam Giles. Giles had declared an end to the use of restraint chairs on juveniles following outcry over the Four Corners report on Don Dale but it came just months after his government passed legislation expanding the chair’s usage.	The deputy opposition leader, Lia Finocchiaro, welcomed the amendment and said it formalised a ban announced by the former chief minister Adam Giles. Giles had declared an end to the use of restraint chairs on juveniles following outcry over the Four Corners report on Don Dale but it came just months after his government passed legislation expanding the chair’s usage.