Andrews Government vows to defend any court challenges in Victorian youth jail row

THE Andrews Government is vowing to defend any court challenge to move rioting youths out of adult prison, a day after it backflipped on a similar promise it made only last week.

Andrews Government is vowing to defend any court challenge to move rioting youths out of Barwon Prison. Picture: Tony Gough

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THE Andrews Government is vowing to defend any court challenge to move rioting youths out of adult prison, a day after it backflipped on a similar promise it made only last week.

Lawyers who forced the government to move indigenous youths out of the maximum-security Barwon Prison are now considering a fresh legal fight to the legality of detaining any youths in the adult prison.

Families and Children Minister Jenny Mikakos declared a week ago that she would “defend this matter vigorously in court” but then buckled before a Supreme Court hearing on Tuesday.

When her office was asked on Wednesday if she would defend a fresh challenge against keeping all children in adult prisons, a spokesman said: “We will defend any possible future action vigorously.”

But Opposition families and children spokeswoman Georgie Crozier said the government had set a precedent with its backdown and she expected a fresh court challenge.

“This is a crisis of the government’s own making, they have effectively made a decision where there is lots of confusion,” Ms Crozier said.

“They are dividing one group of young offenders against another.

“There’s a precedent that has been set now. I would expect the government will have challenges, and that will occur because of the decision made.”

Opposition families and children spokeswoman Georgie Crozier.

Ruth Barson, advocacy director of the Human Rights Law Centre, said many of the arguments which were part of the Supreme Court challenge would also apply to non-indigenous youths.

“No doubt the lawyers will be considering all options,” Ms Barson said.

“They’re in a prison built for people like Carl Williams, you can imagine what that is that is like, it is not focused on children rebuilding their lives and ensuring they reach their potential.

“It’s focused on confinement and containment and it is entirely punitive.”

Wayne Muir, chief executive of the Victorian Aboriginal Legal Service which brought on the challenge, said he believed a fresh challenge would be launched for all of the children.

“The majority of those arguments (in our challenge) would be the same,” Mr Muir said.

“It was a very interesting move on the government’s behalf. I suspect they were concerned about potential outcome of such a case.”

It is understood three indigenous youths were moved out of Barwon Prison on Sunday night and Monday morning.

Under the Supreme Court settlement, the Department of Health and Human Services will now have to consult with the Commissioner for Aboriginal Children and Young People before transferring indigenous youths to the adult facility.

A government spokesman said: “This settlement does not preclude the transfer of young Aboriginal offenders to Barwon Prison.

In a letter to Premier Daniel Andrews on Wednesday, Catholic Archbishop Denis Hart and his Anglican counterpart Philip Freier offered to boost chaplaincy and pastoral care services to “the most vulnerable and impressionable children” in the care of the state as the youth justice crisis deepens.

“While we understand that the Government has had to make an emergency response to recent unrest within the system we are gravely concerned that part of that response has resulted in children being transferred into the harshest of adult prison settings,” the two Archbishops wrote.

“Given that Barwon is a maximum security adult prison, the accommodation of children within it will further isolate them, making visits from family members and friends and those involved in their education, health treatment and pastoral care far more difficult.”

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