NT acting Children’s Commissioner accuses government of breaching Youth Justice Act

Exclusive investigation reveals fears for children inside the notorious Don Dale Youth Detention Centre amid accusations the NT government breached the Youth Justice Act.

THE NT government could be in breach of the Youth Justice Act 2005 according to documents from the Chief Minister’s office.

In June, Acting Children’s Commissioner Nicole Hucks wrote to Chief Minister Natasha Fyles with “grave concerns” about the use of youth detention in the Northern Territory.

“The Youth Justice Act (2005) states a ‘youth should only be kept in custody for an offence (whether on arrest, in remand or under sentence) as a last resort and for the shortest appropriate period of time,” Ms Hucks wrote.

“I have serious concerns about the safety and wellbeing of detained children and the ability of the NT government to provide for those in its care.”

New data shows the number of children aged 10-13 held in detention is increasing, as is the amount of days children spend in Territory detention centres.

According to data from Territory Families, in 2019 18 children aged between 10 and 13 spent on average seven days in detention compared to between July 2021 and March 2022 when 34 children of the same ages spent up to 10 days in detention.

The same data found between July 2021 and March this year, 222 of 225 children were remanded to Territory detention centres, meaning they were placed there while awaiting court hearings or bail applications.

Ms Hucks said a Children’s Commission Own Initiative Investigation had found changes to bail laws in May 2021 were forcing more children into youth detention and a lack of staff was creating unsafe conditions.

“Continual use of extended lockdowns at Don Dale Youth Detention Centre has impeded service delivery and exacerbated young people’s complex behaviours,” she wrote.

“This resulted in 28 young people being exposed, at times, to solitary confinement conditions and an environment with minimal stimuli, educational instruction and program delivery.”

She said her observations from the investigation were not an “isolated occurrence, with conditions subsequently deteriorating since October 2021”.

INSIDE DON DALE YOUTH DETENTION CENTER

In two letters, one to the Chief Minister and another to Territory Families chief executive Ken Davies, Ms Hucks outlines a chilling account of children at risk of suicide being left alone in cells for days as Don Dale Youth Detention Centre faced severe staffing shortages.

The letters sent to the NT News showed children on H and G block were locked in their cells for more than four days.

Ms Hucks wrote that ongoing staff shortages had created an unsafe situation for children and unsafe working conditions for Youth Justice Officers (YJO) across the center.

“I am absolutely devastated to see the current level and degree of self-harming among young people I engaged with over the last two days,” she wrote.

“In my opinion it is very fortunate that increases of self-harm within DDYDC ... have not yet resulted in a fatality.”

After inspecting Don Dale on June 7, Ms Hucks said there was clearly a lack of staff at the detention centre and two of the blocks had “not a single staff member on the floor”.

“The facilities were in quite poor conditions, the bathroom facilities were unkempt and there was mould within the facilities,” she told the NT News.

“I was required to attend the administration block which I then observed blood on one of the admission cells walls; bloodied hand prints.”

Upon further investigations Ms Hucks said the blood had come from a child who had self-harmed “causing themselves to bleed”.

Ms Hucks said the continued lockdowns were clearly affecting the mental health of children and young people in Don Dale Youth Detention Centre.

Acting Childrens' Commissioner Nicole Hucks

The Acting Children’s Commissioner, who under new laws will be given unfettered access to children in all custodial settings, said she visited Don Dale after she read media reports about four young people who had either attempted suicide or self-harmed in a single weekend.

She had not been notified by Territory Families Minister Kate Worden’s office or the Department of Territory Families prior to the media reports.

Following her visits she was compelled to write to the Chief Minister and Department of Territory Families, who are legally responsible for children in youth detention.

“Two young people had significantly self-harmed within days of each other to the extent they required transfers to Royal Darwin Hospital,” the letter to Territory Families reads.

“One young person required surgery, then following subsequent continued self-harm incidents on return to DDYDC was admitted to the Youth Inpatient Program (at RDH).”

After speaking with the children across multiple accommodation blocks in Don Dale, Ms Hucks said a “full lockdown” had occurred over that weekend with only time allowed out of their cells for showering.

“All meals were provided through the hatch. It was reported there were no recreation programs delivered.”

GOVERNMENT’S RESPONSE TO MS HUCKS

Ms Fyles responded to the Acting Children Commissioner more than a month later stating that a detailed response from Territory Families chief exectuive Ken Davies had been provided.

She said that mental health support was available for young people currently in Territory youth detention but “young people ... often present with complex or trauma related behaviours and can refer to self-harm as a response to their situation”.

Ms Fyles said 87 new YJOs had been employed for both Alice Springs and Don Dale after a bulk recruitment in May 2021.

Chief Minister Natasha Fyles. Picture: (A)manda Parkinson

She referred to the new Model of Care recently released by Territory Families before saying the government was committed to reforming the NT’s youth justice system.

“I can assure you I am committed to the safety and well-being of children and young people in detention,” she wrote.

“We will not move Youth Justice back under NT Correctional Services and we will be raising the age of criminal responsibility to 12 this term.”

However, Mr Davies’ letter appeared to place blame with the government’s tough on crime narrative.

“On 23 March 2021, the NT government announced it was introducing new measures to cut crime, keep the community safe and put victims first,” he wrote.

“The initiative encompassed legislative reforms, which included an amendment to Section 64 of the Youth Justice Act.”

Mr Davies also explained that while children have “full” access to clinical staff, including a psychologist, the Specialist Assessment and Treatment Services (SATS) provides an additional hour per week to each block.

“An ongoing daily roster currently exists for two SATS staff (that is one clinical and one case coordination) to attend a nominated block each day from 12-1pm to address any of the needs a young person may wish to raise,” he said.

“This is in addition to the already full access they have for SATS clinical and Case Coordination staff on a daily basis in each block ...”

In the second paragraph of the Territory Families response there appears to be an identical line to that found in Ms Fyles’ letter.

“Young people located a the Northern Territory (NT) Youth Justice Facilities often present with complex or trauma related behaviours and can refer to self-harm as a response to their situation.”

These identical lines appear in both letters despite them being sent from different people and offices.

On the second and third page of the Territory Families letter there are again identical paragraphs as to those found in Ms Fyles’.

In regards to Ms Hucks concerns about lockdowns, the Territory Families letter states they have always been part of the operational model.

“Rolling lockdowns have always been an operational decision, but never the preferred choice as the preference is to have young people out of the rooms as much as possible.

“The court are requesting first time appearances to attend Darwin Youth Justice Court which increases off-site escorts, but engagement is being undertaken with the courts to assess the opportunity for ... AVL technology.”

Both Territory Families and Ms Fyles concluded their letters with identical lines.

“I trust the above information will provide some further insight into the work that the department is doing to support young people and the outcomes that we collectively are trying to achieve.” both letters said.

Mrs Fyles also invited Ms Hucks to meet with Ms Worden, Mr Davies and herself to discuss further.

ONGOING ISSUES IN DON DALE

In June the NT News reported a 16-year-old boy in Don Dale had attempted to take his own life three times in as many days.

After requiring surgery he was returned to Don Dale and placed in isolation before self-harming a further two times.

Ms Hucks spoke with the children who had self-harmed and wrote that “they were distressed about being continually locked down in cells and wanted to get out”.

“One young person advised that he knew he would ‘get to go to hospital’ if he harmed himself bad enough.”

During Ms Hucks’ visit there were 42 children in detention and 11 custodial staff rostered on shift; two blocks with up to eight children detained on them had not a single staff member, including H Block which is where children ‘at risk’ of suicide are held.

“I noted a lockdown roster on display for young people in B wing of H Block. The roster formalised a schedule of lockdown and unlock of A and B wing alternatively for 1 hour period, with full block lockdowns for two staff meal breaks,” she wrote.

Ms Hucks said the formal structure of lockdowns shown on the roster was in “contrary” to a number of key findings and recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory.

Ms Hucks also said she believed the department was in breach of the Youth Justice Act and Regulations as there were no telephones on G or H Block meaning that young people could not make calls to family, friends or lawyers.

“Communication with family and other support persons is critical to preserving young people’s emotional and social wellbeing during times of increased isolation and separation.”

Territory Families’ answers to parliamantry written questsion show in June and July 2022 there have been a total of 26 separations within the Don Dale.

However also the department also wrote, “Youth Detention Centres in the Northern Territory do not practice any form of self-isolation or solitary confinement”.

“Rotational lockdowns between blocks do occur where a higher number of external escorts for court or unscheduled medical appearances, coupled with high remand numbers necessitate,” the statement reads.

“Where this has occurred, staff are permanently positioned on the block to ensure social and emotional wellbeing checks are conducted, as well as provision of meals, snacks, education packs, activities etcetera.”

Northern Territory government has committed to raise the age of criminal responsiblity to 12 in the next two years, despite advocacy organisations calling for it to be 14.