Experts have called on the government to close Don Dale in the wake of possible Youth Justice Act breaches

Experts cannot ‘reconcile’ the continued use of Don Dale and have called for the building to be bulldozed immediately. Read their response to our exclusive investigation.

Legal and social services are exasperated by the unfolding crisis inside Territory youth detention centres.

Core members of the Children and Families Tripartite Forum, a group leaders who represent Territory government, social, legal and health services, have said recent reports have exposed how the NT government could be in breach of the Youth Justice Act.

NT Council of Social Services chief executive Deborah Di Natale said she visited Don Dale only last week.

“I visited Don Dale and I cannot reconcile how in a wealthy country we can keep children in such dehumanising conditions devoid of a therapeutic approach,” she said.

“It doesn’t matter how many policy platitudes you have, this facility is unfit for any purpose.”

Ms Di Natale, who is also a lawyer, said the NT Youth Justice Act states children should only be put into custody as a last resort.

“Yet the NT government’s figures state that over nine months, 222 of 225 children in detention were on remand, some on a first offence and the majority of whom were not sentenced,” she said.

“There is no justification for locking down any children alone for four days straight, which breaches both the Act and international conventions.”

Ms Di Natale applauded the Acting Children’s Commissioner Nicole Hucks for raising critical issues.

“We cannot wait until late 2023 for the new detention facility to open, we must urgently act,” she said.

ABORIGINAL HEALTH SERVICES RESPONSE

Danila Dilba chief executive Rob McPhee, whose Aboriginal health service currently holds the contract from primary care services into Don Dale Youth Detention Center said the government’s tough on crime attitude was not addressing the issue.

“Despite the Royal Commission into the Protection and Detention of Children in the Northern Territory handing down its recommendations over 5 years ago, we are seeing children in the NT being unnecessarily imprisoned at rates higher than they have ever been,” he said.

“Detention or locking kids up isn’t the answer. We know that the putting a child in a facility like the old Berrimah adult jail is traumatising and likely to negatively impact on the wellbeing of that child and their future forever. This must stop.

“Children and young people belong with their family. If the family needs support, let’s focus on supporting them. Let’s stop wasting millions of dollars and damaging the lives of hundreds of children because of a failed policy to appear tough on crime.”

SHUT DON DALE DOWN https://t.co/apmq1geaqx

— Monique Hurley (@monique_hurley) September 13, 2022

Ngalakan Elder and Aboriginal Medical Services Alliance NT chief executive John Paterson said the reports were alarming.

“I am alarmed at the treatment of increasing numbers of our children placed in detention in the Northern Territory since the introduction of new, tougher youth bail laws last year,” he said.

“We need to get them out of Don Dale where they suffer more trauma as soon as possible, the only thing the place is fit for is a bulldozer.”

Dr Paterson said he believed conditions inside Don Dale were unacceptable.

“Girls are showering while wearing clothes because they feel unsafe, do not have privacy and are not provided with enough sanitary items,” he said.

GOVERNMENT RESPONSE

On Tuesday, Chief Minister Natasha Fyles said the government was not in breach of the Youth Justice Act and work was being undertaken to raise the age of criminal responsibility.

“The Territory Labor Government will introduce legislation to raise the age of criminal responsibility during this term of government,” she said.

“We are currently working on implementing a range of programs and services to ensure there are clear pathways for children under the minimum age of criminal responsibility to access the support they need.”

Territory Families Minister Worden is on leave. She was unable to be contacted for comment.

NATIONAL LEGAL SERVICES RESPONSE

Australia’s Human Rights Law Centre legal director Nick Espie said the NT government was elected on a promise to close Don Dale and put an end to the abuse that led to the Royal Commission.

“Rather than showing courage, leadership and prioritising the protection of children, we are seeing the government continue to do the exact opposite by locking up primary school-aged children at increasing rates,” he said.

“Abuse thrives behind bars. International human rights law strictly bans the use of gruesome and barbaric practices like solitary confinement on children.”

Mr Espie said the Human Rights Law Center urged Chief Minister Fyles to close Don Dale and reduce the number of children being pipelined into youth prisons by “fixing harmful bail laws, improving alternative options such as culturally appropriate diversions and raising the age of criminal responsibility to at least 14 years old.”

Change the Record executive officer Sophie Trevitt said the crisis could be attributed to the “harshest bail laws in the country” and the government’s resistance to raise the age of criminal responsibility.

“How can we have a situation where the NT Children’s Commissioner has told the Chief Minister that she is concerned a child may die in a government-run detention centre and yet Aboriginal children continue to be imprisoned in Don Dale in unprecedented numbers,” she said.

“As a direct result of the NT government’s decision to introduce some of the harshest bail laws in the country, the number of children being locked away in these dangerous facilities has skyrocketed.”

Ms Trevitt echoed NTCOSS’s sentiments, calling for the NT government to close Don Dale.

“We cannot ignore reports of bloodied handprints on the walls of Don Dale, children self-harming and attempting suicide,” she said.

“There could be no more urgent call to action.

“Change the Record has met with the NT government calling on them to urgently raise the age of criminal responsibility to 14 years old and get children out of youth detention.”

Ms Trevitt also said Change the Record had written to, and met with, the Commonwealth Attorney-General and Indigenous Affairs Minister and requested their help to end “the crisis in youth detention centres in the NT” and around the country.

Originally published as Experts have called on the government to close Don Dale in the wake of possible Youth Justice Act breaches