Children held in Barwon Prison illegally, Supreme Court rules
UPDATE: Youth locked in an adult prison could sue the Andrews government for unlawful detention — a move that would likely dig deep into the taxpayer’s pockets.
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YOUTH locked in an adult prison could sue the Andrews government for unlawful detention in a move that would likely dig deep into the taxpayer’s pockets.
It comes after an Andrews Government move to lock up youth in a wing of Barwon’s maximum security adult prison was once again declared illegal.
In another humiliating legal blow to the government, Supreme Court Justice John Dixon today ruled its gazetting of the Grevillea unit to a youth facility was unlawful.
Human Rights Law Centre executive director Hugh de Kretser said they would discuss with the remanded children the possibility of suing for compensation for unlawful detention — a move that would likely dig deep into the taxpayer’s pockets.
Mr de Kretser said it would be “very difficult” for the government to sidestep this decision like it had done in the past.
He urged them to “put this chapter in Victoria’s youth justice history behind it” and move the youth back to Parkville.
“We know with the repairs to Parkville youth justice facility almost complete, that will return some 60 beds to the system,” he said.
Children and Families Minister Jenny Mikakos told the Victorian Parliament she was considering options following the judgement.
“Obviously I am disappointed in the decision that has been handed down,” Ms Mikakos said.
“The government will consider this judgment and consider the options in relation to this decision.
“We took the steps necessary to ensure the community was safe and the young offenders themselves were safe. We have always acted with community safety in mind and our response to this decision will be no different.”
Outside court, Human Rights Law Centre lawyer Alina Leikin said the decision would be a relief to the 15 children who remain at Barwon.
“We shouldn’t give up on children. We’re talking about 15, 16 and 17 year olds who have their whole lives ahead of them,” Ms Leikin said.
“This is the third Supreme Court decision that says children do not belong in a
maximum security adult prison.
“The government made a mistake and it now has the opportunity to do the right thing and get these kids out of Barwon immediately.”
It is the second time the government’s decision to hold kids in the jail has been declared illegal.
In December, Justice Greg Garde ordered the teens be removed by 4pm the following day, saying the government had “failed to give proper consideration to their human rights”.
But Ms Mikakos forced through changes to reclassify the prison’s Grevillea unit as a youth justice facility.
The change meant that youth could remain in the cells despite Justice Garde’s ruling.
In April, the unimpressed Human Rights Law Centre launched a fresh challenge against the government’s gazetting.
Justice Dixon heard throughout the trial that children on remand were in lock down in concrete cells designed for adult males for up to 23 hours a day.
The teens were also handcuffed to be taken to the exercise area and there were not a suitable school facility for them.
The juvenile offenders were moved to the adult jail following riots in Parkville and Malmsbury youth detention centres that saw dozens of beds trashed in November.
The minister said the Andrews government was forced to act after more than 60 beds were trashed in Parkville and hit out at human rights organisations, saying they had not been able to bring up alternative options.
Sixteen children are currently being held at the unit in Barwon.
Ms Mikakos was unable to reveal where the youth offenders would be moved to; however, she said “we have no intention in using police cells”.
Justice Dixon will hand down his final orders at 10.30am tomorrow.
Opposition families and children spokeswoman Georgie Crozier said the court’s ruling showed that the state’s youth justice system was a “shambles”.
There is only one reason why these violent youths had to be put in Barwon and that is because of the mismanagement of youth justice by the Andrews Labor Government,” she said.
“Because Daniel Andrews has lost control of the youth justice system, there have been over 30 riots at youth justice facilities which has caused millions of dollars of damage and resulted in the need to use Barwon.
“Under Jenny Mikakos the youth justice system has been characterised by chaos and a soft approach which has cost taxpayers tens of millions of dollars.
“Jenny Mikakos has presided over a system where violent youths have been rewarded for bad behaviour with pizzas and video games which has bred a culture of disrespect, more violence and wilful damage.”
Greens youth justice spokeswoman Nina Springle said the government needed to relocate these young people to an appropriate facility immediately.
“The government needs to move these children to an appropriate facility now,” she said.
“The abusive, cruel treatment of detainees isn’t doing anything to make the community safer or rehabilitate these young people.”
Youth advocate Tiffany Overall welcomed the judge’s decision.
“Today’s judgement is a relief, and now there’s no denying what needs to be done: get kids out of Barwon,” Ms Overall said.
The convenor for Smart Justice for Young People said the government’s decision to hold the kids at Barwon was “a shocking mistake”.
She said it had not acted in the best interest of the kids nor the communities to which they will eventually return.
“Adult prison is no place for kids. Most of these children have histories of abuse, trauma and neglect,” Ms Overall said.
“Locking them up in adult prison only causes them more damage. They leave prison in a worse state than when they went in, which ultimately puts community safety at risk.”