Ashley Youth Detention Centre: Human Rights Commission

Questionable use of lockdowns at Tasmania’s troubled youth prison have been put in the spotlight by human rights expert.

A United Nations Committee has heard there are still concerns about the safety and wellbeing of children still inside Ashley Youth Detention Centre.

Australian Human Rights Commissioner Lorraine Finlay appeared at a UN Committee against Torture review in Geneva early on Tuesday.

AYDC was singled out for special mention.

“A Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual

Abuse in Institutional Settings is currently underway, and has heard horrific evidence

about a historical culture of violence and sexual abuse at the Ashley Youth Detention

Centre, which is the only youth detention facility in Tasmania,” she told the Committee.

“While the recent announcement by the Tasmanian Government that they will close the Ashley Youth Detention Centre by the end of 2024 is to be commended, in our view it does not address the immediate need to ensure the safety and wellbeing of those currently

detained.

“We are concerned, for example, about the continued use of lockdowns at the Centre

to address staffing shortages.

“In July 2022 staffing shortages led to a two-week lockdown being instituted that forced youth detainees to be shut in their rooms for up to 23 hours a day, and only let out on a rotational 40-minute basis. Further lockdowns have occurred since.”

The state government has resisted calls to speed up the closure of the AYDC.

Premier Jeremy Rockliff said on Tuesday the government was determined to ensure the replacement for Ashley was fit for purpose.

“We would understand the list of concerns and that’s why we’re committed to close Ashley in 2024, we’re working towards that,” he said.

“What’s important is we find the right model of care, therapeutic model of care, to support our young people in terms of their youth justice matters, and indeed ensure that we can encourage and support our young people to be productive community members.”

“The reason why we’ve commenced the Commission of Inquiry and the reason why we will support the recommendations of the Commission of Inquiry was to shine a light on past failures of all governments, and to ensure that we learn from our past failures and to ensure that we protect our children into the future.”

‘Very disturbing treatment’: Ashley concerns to be aired on world stage

The Australian Human Rights Commissioner will this week raise concerns about the treatment of young people at Tasmania’s Ashley Youth Detention Centre in a high-level meeting with the United Nations Committee Against Torture in Geneva.

In what threatens to be an embarrassing episode for the state government, Commissioner Lorraine Finlay will appear before the committee from November 14-16, discussing how Australia “measures up” against its obligations under the UN’s Convention Against Torture (CAT).

It comes after Premier Jeremy Rockliff last week apologised to victim-survivors of sexual abuse in state government institutions. The government has committed to shutting Ashley by the end of 2024 – but there are calls for it to be closed immediately.

Ashley Youth Detention Centre. PICTURE CHRIS KIDD

Ms Finlay will express to the UN concerns about the rights of people in detention and aged care and disability settings.

“During my private meeting with the committee, I’ll be drawing particular attention to our youth justice crisis and the very disturbing treatment of young people in the Banksia Hill, Ashley and Don Dale detention centres,” she said.

In a written submission to the committee, the Australian Human Rights Commission (AHRC) outlined numerous issues the nation must address in order to comply with its international treaty obligations.

Of chief concern to the commission is the mistreatment of children in the youth justice system. It notes in its submission that the use of isolation in juvenile detention facilities has occurred across a number of jurisdictions in recent years, despite state and territory legislation prohibiting it.

Lorraine Finlay, Australian Human Rights Commissioner.

“In July 2022, the Tasmanian Ashley Youth Detention Centre (AYDC) instituted a two-week lockdown, where detainees were locked in their rooms and only let out on a rotational 40-minute basis,” the submission reads.

“This was … attributed to staffing shortages.

“Currently, Tasmania’s Commission of Inquiry into Government Responses into Child Sexual Abuse in Institutional Settings is also inquiring into sexual abuse at the Ashley Youth Detention Centre.”

Education, Children and Youth Minister Roger Jaensch said the government was “doing everything possible to ensure that centre restrictions are eased wherever possible and removed completely at the earliest opportunity”.

Roger Jaensch MP. Picture: Chris Kidd

“Like so many organisations, AYDC has experienced operational challenges in recent months and I acknowledge and thank the hardworking staff at AYDC,” he said.

“At times when required staffing ratios cannot be met, young people can be housed in their rooms with appropriate support from staff.

“During these periods, young people at AYDC continue to have access to schooling, appointments, phone calls and exercise.”

Australia has been a signatory to the CAT since 1985.

The AHRC’s submission makes 44 recommendations and the committee is expected to release its findings in relation to Australia’s compliance with the CAT at the end of December.

Originally published as Ashley Youth Detention Centre: Human Rights Commission