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| Former NT corrections commissioner criticises inquiry’s final report | Former NT corrections commissioner criticises inquiry’s final report |
| (about 1 month later) | |
| The former Northern Territory corrections commissioner Ken Middlebrook has criticised the damning final report of the royal commission, saying it failed to look at why the system went wrong in the first place. | The former Northern Territory corrections commissioner Ken Middlebrook has criticised the damning final report of the royal commission, saying it failed to look at why the system went wrong in the first place. |
| But the report has been welcomed by youth and justice advocates, former detainees and legal groups, who have warned the Territory and federal governments not to leave it “sitting on a shelf”. | But the report has been welcomed by youth and justice advocates, former detainees and legal groups, who have warned the Territory and federal governments not to leave it “sitting on a shelf”. |
| The four-volume report, which numbered more than 2,100 pages and carried more than 230 recommendations, called for the closure of the notorious Don Dale detention centre and for sweeping overhaul of child protection and youth justice sectors. | The four-volume report, which numbered more than 2,100 pages and carried more than 230 recommendations, called for the closure of the notorious Don Dale detention centre and for sweeping overhaul of child protection and youth justice sectors. |
| It also delivered scathing findings against all levels of authority in the NT, and specific individuals including guards, corrections executives including Middlebrook, and government ministers. | It also delivered scathing findings against all levels of authority in the NT, and specific individuals including guards, corrections executives including Middlebrook, and government ministers. |
| Middlebrook, who was among those singled out for criticism, said it was easy for the commission and lawyers to be critical but the report “fails to observe why some of these things happen”. | Middlebrook, who was among those singled out for criticism, said it was easy for the commission and lawyers to be critical but the report “fails to observe why some of these things happen”. |
| He told Guardian Australia the failing infrastructure was a core issue. | He told Guardian Australia the failing infrastructure was a core issue. |
| “When [the commission] make statements like the senior executives and management … showed disregard for compliance and legislation, well what was difficult about that was you had a small group of detainees who were non-compliant… and we had failing infrastructure that couldn’t hold them.” | “When [the commission] make statements like the senior executives and management … showed disregard for compliance and legislation, well what was difficult about that was you had a small group of detainees who were non-compliant… and we had failing infrastructure that couldn’t hold them.” |
| In August 2014, six boys had been held in the isolated behavioural management unit cells for up to 17 days – far beyond the legally acceptable maximum – when Jake Roper got out of his cell and started causing damage. | In August 2014, six boys had been held in the isolated behavioural management unit cells for up to 17 days – far beyond the legally acceptable maximum – when Jake Roper got out of his cell and started causing damage. |
| Middlebrook said it was “all well and good” to say the children shouldn’t be in the behavioural management unit but there was nowhere else to put them. | Middlebrook said it was “all well and good” to say the children shouldn’t be in the behavioural management unit but there was nowhere else to put them. |
| He also defended his decision to subsequently move all detainees to the former adult prison. He said he didn’t back away from his comments at the time the adults were transferred out of Berrimah – that it was only fit for a bulldozer – but said “there were no other new facilities”. | He also defended his decision to subsequently move all detainees to the former adult prison. He said he didn’t back away from his comments at the time the adults were transferred out of Berrimah – that it was only fit for a bulldozer – but said “there were no other new facilities”. |
| Given that, he told Guardian Australia he supported the commission’s recommendations to close Don Dale and have detainees in smaller, community-based facilities. He also welcomed the calls for more restorative justice methods. | Given that, he told Guardian Australia he supported the commission’s recommendations to close Don Dale and have detainees in smaller, community-based facilities. He also welcomed the calls for more restorative justice methods. |
| “I think schools in particular and communities have to start working and identifying problem kids,” he said. | “I think schools in particular and communities have to start working and identifying problem kids,” he said. |
| “It’s no good starting when the police truck backs up to the detention centre gate. Smaller facilities will allow you to address cultural issues, and especially older Indigenous boys who have gone through ceremony and see themselves as men ... and are resentful of being treated as boys.” | “It’s no good starting when the police truck backs up to the detention centre gate. Smaller facilities will allow you to address cultural issues, and especially older Indigenous boys who have gone through ceremony and see themselves as men ... and are resentful of being treated as boys.” |
| Middlebrook said he did what he could at the time with the resources he was given, including diverting funds from adult justice. | Middlebrook said he did what he could at the time with the resources he was given, including diverting funds from adult justice. |
| “Had previous governments committed funds when we first asked for them the [recommended] expenditure wouldn’t be this big,” he said. | “Had previous governments committed funds when we first asked for them the [recommended] expenditure wouldn’t be this big,” he said. |
| He criticised unnamed NGOs and legal agencies that were critical of the NT justice system, suggesting they had not managed to reduce the rate of Indigenous incarceration. | He criticised unnamed NGOs and legal agencies that were critical of the NT justice system, suggesting they had not managed to reduce the rate of Indigenous incarceration. |
| “You have to ask what have they been doing. They’ve been funded a lot of money to assist Aboriginal people and divert them from corrections,” he said. | “You have to ask what have they been doing. They’ve been funded a lot of money to assist Aboriginal people and divert them from corrections,” he said. |
| “Unless you fix the adult incarceration rates you’re not going to fix the juveniles.” | “Unless you fix the adult incarceration rates you’re not going to fix the juveniles.” |
| Middlebrook also took a swipe at the ABC – whose reporters he said should have been called to the stand – as well as the NT News, former chief minister Adam Giles, and Giles’s government which he said “pushed [him] out of his job” when a convicted murderer escaped from a work release program. | Middlebrook also took a swipe at the ABC – whose reporters he said should have been called to the stand – as well as the NT News, former chief minister Adam Giles, and Giles’s government which he said “pushed [him] out of his job” when a convicted murderer escaped from a work release program. |
| “I lost my job because I dared to take a risk and tried to do something with Indigenous prisoners,” he said. | “I lost my job because I dared to take a risk and tried to do something with Indigenous prisoners,” he said. |
| “After a 40-year career it was disappointing to end it that way.” | “After a 40-year career it was disappointing to end it that way.” |
| The prime minister, Malcolm Turnbull, the attorney general and the Indigenous affairs minister said most of the royal commission’s recommendations were matters for the NT but the federal government would carefully consider the findings. | The prime minister, Malcolm Turnbull, the attorney general and the Indigenous affairs minister said most of the royal commission’s recommendations were matters for the NT but the federal government would carefully consider the findings. |
| The NT chief minister, Michael Gunner, said the report “will live as a stain on the Northern Territory reputation”. | The NT chief minister, Michael Gunner, said the report “will live as a stain on the Northern Territory reputation”. |
| “For this I am sorry. But more than this I’m sorry for the stories that live in the children we failed.” | “For this I am sorry. But more than this I’m sorry for the stories that live in the children we failed.” |
| The NT government would act on the guidance of peak bodies, he said. | The NT government would act on the guidance of peak bodies, he said. |
| “We cannot let this report sit on the shelf gathering dust like so many that have come before. And turning our expert advice into practical, meaningful, on-the- ground change will require the full support and partnership of the Commonwealth Government.” | “We cannot let this report sit on the shelf gathering dust like so many that have come before. And turning our expert advice into practical, meaningful, on-the- ground change will require the full support and partnership of the Commonwealth Government.” |
| Former detainee Dylan Voller, who is now an Indigenous rights activist, told NITV he was feeling positive but didn’t have a lot of hope in the NT government and chief minister. | Former detainee Dylan Voller, who is now an Indigenous rights activist, told NITV he was feeling positive but didn’t have a lot of hope in the NT government and chief minister. |
| “Today was the first time Michael Gunner wanted to apologise. He’s seen the videos, why couldn’t he apologise first?” Voller said. | “Today was the first time Michael Gunner wanted to apologise. He’s seen the videos, why couldn’t he apologise first?” Voller said. |
| He said the infamous pictures of him in a spit hood and restraint chair were uncomfortable to look at but if they hadn’t got out, the royal commission wouldn’t have happened. | He said the infamous pictures of him in a spit hood and restraint chair were uncomfortable to look at but if they hadn’t got out, the royal commission wouldn’t have happened. |
| Voller said it was good to see a recommendation to ban under-14s from being incarcerated except in the case of serious violent crimes. | Voller said it was good to see a recommendation to ban under-14s from being incarcerated except in the case of serious violent crimes. |
| Voller, who was first detained at the age of 11, said 14 was the age at which “they can start to see what’s going on but at the same time it’s the age where if they can get help it’s an age where they can go down the right path and make a good decision”. | Voller, who was first detained at the age of 11, said 14 was the age at which “they can start to see what’s going on but at the same time it’s the age where if they can get help it’s an age where they can go down the right path and make a good decision”. |
| He said other recommendations around post-release plans and community-based facilities would also be a big factor in rehabilitation. | He said other recommendations around post-release plans and community-based facilities would also be a big factor in rehabilitation. |
| Peter O’Brien SC, who acted for Voller during the commission, said the report vindicated his client and other former detainees. O’Brien said he hoped the commission wasn’t in vain, but he doubted the government – which he accused of trying to undermine whistleblowers and witnesses – was “genuinely committed to change”. | Peter O’Brien SC, who acted for Voller during the commission, said the report vindicated his client and other former detainees. O’Brien said he hoped the commission wasn’t in vain, but he doubted the government – which he accused of trying to undermine whistleblowers and witnesses – was “genuinely committed to change”. |
| John Lawrence SC, who acted for former detainee Roper, said those across all levels of authority who were identified by the commission as doing wrong would be hoping everyone “moved on” from here. | John Lawrence SC, who acted for former detainee Roper, said those across all levels of authority who were identified by the commission as doing wrong would be hoping everyone “moved on” from here. |
| “We’re all too familiar with people who get caught with their finger in the till … have a way of not being held accountable,” he told Guardian Australia before the report’s release. “That would be a gross injustice.” | “We’re all too familiar with people who get caught with their finger in the till … have a way of not being held accountable,” he told Guardian Australia before the report’s release. “That would be a gross injustice.” |
| Shahleena Musk, a senior lawyer at the Human Rights Law Centre, who previously worked as a youth justice lawyer and represented many Don Dale detainees, said every recommendation should be implemented and backed up with federal funding. | Shahleena Musk, a senior lawyer at the Human Rights Law Centre, who previously worked as a youth justice lawyer and represented many Don Dale detainees, said every recommendation should be implemented and backed up with federal funding. |
| Musk said five key recommendations would “transform” youth justice and should be adopted by every state and territory. | Musk said five key recommendations would “transform” youth justice and should be adopted by every state and territory. |
| These included: raising the age of criminal responsibility from 10 to 12; closing Don Dale and replacing it with small, community-based, home-like facilities; an absolute maximum of 24 hours of solitary confinement, a reduction in the number of children caught up in the justice system, and greater independent oversight. | These included: raising the age of criminal responsibility from 10 to 12; closing Don Dale and replacing it with small, community-based, home-like facilities; an absolute maximum of 24 hours of solitary confinement, a reduction in the number of children caught up in the justice system, and greater independent oversight. |
| The acting chief executive of the Jesuit Social Services, Sally Parnell, and the national executive of The National Aboriginal Community Controlled Health Organisation, Pat Turner, stressed the need for recommendations to be implemented in conjunction with Aboriginal organisations and representatives, and supported by the federal government. | The acting chief executive of the Jesuit Social Services, Sally Parnell, and the national executive of The National Aboriginal Community Controlled Health Organisation, Pat Turner, stressed the need for recommendations to be implemented in conjunction with Aboriginal organisations and representatives, and supported by the federal government. |
| Royal commission into the protection and detention of children in the Northern Territory | Royal commission into the protection and detention of children in the Northern Territory |
| Indigenous Australians | Indigenous Australians |
| Indigenous incarceration | Indigenous incarceration |
| Northern Territory | Northern Territory |
| Australian politics | Australian politics |
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