Aboriginal youths shifted out of Barwon Prison

THE Andrews Government has backed down on its decision to place Aboriginal youths in an adult prison to head off a Supreme Court battle.

The youths have been moved back to Malmsbury or Parkville from Barwon Prison. Picture: Tony Gough

THE Andrews Government has backed down on its decision to place Aboriginal youths in an adult prison to head off a Supreme Court battle.

The government on Tuesday reached an out-of-court agreement with the Victorian Aboriginal Legal Service to move several indigenous youths from the maximum-security Barwon Prison back to the Malmsbury or Parkville youth justice centres.

Opposition families and children spokeswoman Georgie Crozier said it was a “weak” decision after the youths were shifted from Parkville in the wake of riots that trashed the facility.

“Once again youth offenders are calling the shots, and Daniel Andrews goes weak at the knees,” Ms Crozier said. “Only last week in parliament, the Premier said he made no apologies for sending violent youth offenders to Barwon. It took only one week for him to buckle and cave in.”

The youths have been moved back to the Malmsbury or Parkville youth detention centres but the out-of-court settlement does not affect non-indigenous children at Barwon.

Agreement was reached after an urgent injunction was filed last week, when the Human Rights Laws Centre said about 15 children had been transferred to Barwon.

Victorian Aboriginal Legal Service chief executive Wayne Muir said putting kids in an adult jail was dangerous.

“To our non-indigenous brothers and sisters, sons and daughters, who the government is leaving to rot in the state’s worst adult prison, we stand by you,” Mr Muir said.

“While we have an obligation to act in the best interests of our community and clients, children not covered by this case remain in danger.

“The Victorian Government must protect the rights of all children.”

Families and Children Minister Jenny Mikakos maintained the decision to move the youths to Barwon Prison was “consistent with relevant legislation and Victorian’s Charter of Human Rights and Responsibilities”.

“The settlement made does not preclude Aboriginal young people being transferred to the Grevillea Unit at Barwon Prison,” she said.

It is understood the Department of Health and Human Services will consult with the Commissioner for Aboriginal Children and Young People before transferring indigenous youths to the adult facility.

Human Rights Law Centre legal advocacy director Ruth Barson said she visited youths in Barwon who were held in “inexcusable” conditions.

“The Andrews Government can’t just pick and choose which kids it wants to treat humanely. All children should be in a safe environment where they are given every chance to rebuild their lives,” she said.

“I’ve been to see these kids at Barwon. They are in solitary confinement, pacing back and forth in their cells.

“They haven’t seen the sky in almost a week.”

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