Kids’ death pact in ‘cruel and inhuman’ conditions

Australian children being held in “cruel and inhuman” conditions have been making death pacts, it has been revealed.

A snap inspection of Western Australia’s only juvenile detention facility found children were making death pacts after being subjected to ‘cruel, inhuman and degrading’ treatment in isolation.

A harrowing report from the state’s Inspector for Custodial Services found the Banksia Hill Detention Centre in Perth was not fit to house offenders aged 10 to 17 years, and was operating much like an adult prison.

The impromptu inspection of the facility in December came after a surge in staff assaults and self-harm incidents, with 24 non-fatal suicide attempts at Banksia Hill in the 11 months to November.

One 16-year-old boy at Banksia Hill made five suicide attempts in a month.

Inspector Eamon Ryan’s report found most of these attempts involved a group of boys who formed a reported death pact while they were being held under observation at the facility’s intensive support unit (ISU).

One boy, a 16-year-old known as Daniel, made five suicide attempts in a month and in one instance needed to be resuscitated.

That boy, a 15-year-old known as Alex, later told an interviewer he and a group of boys had made a death pact amid the stresses of being in extended lockdowns.

Inspector Ryan’s report found the severely understaffed facility was keeping children in solitary confinement for up to 23 hours a day, a breach of international human rights rules.

An inspection of the facility last December followed a surge in staff assaults and self-harm incidents.

The United Nations’ Mandela rules require detainees to have at least two hours each day out of their cell.

“It is fortunate that Banksia Hill has never had a death in custody or suicide,” Inspector Ryan’s report said.

“However, the likelihood of this remaining the case is diminishing as the conditions in the ISU aggravate the mental health of detainees and incidents of attempted suicide continue to increase.”

In its response to the inspection, the Department of Justice stressed most young people at the facility were compliant and effectively managed within available facilities without incident.

“Since mid-2021, Banksia Hill has been experiencing considerable challenges, particularly with a small number of detainees who continue to behave in a highly disruptive manner impacting on the rest of the centre,” the department said.

However, it acknowledged Banksia Hill had “inherent infrastructure issues” and was not designed as a fit-for-purpose youth detention centre for both remanded and sentenced youth.

Banksia Hill Juvenile Detention Centre in Perth.

“Similarly, the ISU infrastructure is less than optimal, and the architecture is not conducive to providing the best therapeutic response that benefits the detainees who are accommodated within the unit.”

Inspector Ryan’s unscheduled visit ultimately resulted in a show-cause notice being issued to the Western Australian Department of Justice.

He also warned that, while not legally subject to the Mandela rules, the government remained vulnerable to other potential legal challenges.

Hundreds of former detainees have reportedly signed up for a class action alleging they were mistreated at Banksia Hill.

The report was tabled in Western Australia’s parliament on Tuesday, a day after the state government announced a $25 million refurbishment of Banksia Hill would be included in the May budget.

This will go towards a $7.5 million crisis care unit, an Aboriginal services unit and improvements to the intensive support unit, including new cells and recreation areas.

Save the Children State Director for Western Australia and the Northern Territory Noelene Swanson said she was appalled at Inspector Ryan’s report.

“Staff shortages, and the use of solitary confinement and chemical agents such as pepper spray, all point to a complete failure of the state in their care for children and further traumatises the children,” Swanson said.

“Solitary confinement must be eradicated from youth justice centres across the country.

“The management and care of these children must be trauma informed and evidence based, which includes a focus on welfare needs.

“As the report notes, we are failing these children if reform is not urgently undertaken.”

If you need assistance

• Lifeline: 13 11 14 lifeline.org.au
• Suicide Call Back Service: 1300 659 467 suicidecallbackservice.org.au
• MensLine Australia: 1300 789 978 mensline.org.au
• SANE Australia: 1800 18 7263 saneforums.org
• Beyond Blue: 1300 224 635 beyondblue.org.au/forums