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Queensland Human Rights Commission and YETI blast youth watch house detention after alleged assault of 12yo in Cairns

A Qld youth support group has called for an end to child watch house lockups longer than 72 hours after it was revealed a 12-year-old had been allegedly indecently assaulted in the Cairns watch house this week.

A Queensland youth support group has called for an end to child watch house lockups longer than 72 hours after it was revealed a 12-year-old had been allegedly indecently assaulted in the Cairns watch house this week.

A Queensland Police spokeswoman confirmed on February 19, a 15-year-old boy was charged after he allegedly verbally coerced a 12-year-old boy from a separate cell in the Cairns watch house.

The 15-year-old boy was charged with nine counts of indecent treatment of a child and seven counts of common assault.

The 12-year-old boy is being provided ongoing support in relation to the matter.

Youth Empowered Towards Independence is a support agency for young people aged 12-25 years old living in the state’s Far North and often assists children within the youth justice system.

The agency, along with the Queensland Human Rights Commission, has slammed the State Government after the most recent assault.

Both YETI and the Commission have called for limits on how long children can be held in watch houses after arrest and while on remand.

The alleged assault comes after it was revealed earlier this week a 14-year-old was threatened with rape and indecently assaulted in an overcrowded cell of the Cairns watch house last year.

The QPS spokeswoman confirmed a 16-year-old was charged with two counts of indecent treatment of a child under 16 and was remanded in custody and the 14-year-old boy was provided ongoing support in relation to the matter.

The spokeswoman said QPS investigates all reports of alleged incidents that take place in watchhouses and will charge offenders accordingly.

Accommodation cells in the boy’s unit at the Cairns watch house. Picture: Queensland Ombudsman
Accommodation cells in the boy’s unit at the Cairns watch house. Picture: Queensland Ombudsman

Queensland Human Rights Commissioner Scott McDougall said between 2018 and 2023, youth watch house admissions in Queensland increased by 452 per cent.

“The Commission has long been opposed to the use of watch houses for the detention of children and has said so repeatedly,” he said.

“In 2022-23 alone, close to 1000 children spent five or more days in watch house detention.

“On average, 88% of young people in youth detention centres are there on remand, not as a result of a conviction, considerably adding to the problems of overcrowding in these centres and the need for watch house detention to manage the overflow.”

Earlier this year it was revealed that another 14-year-old boy had spent 10 days between two different watch houses after he was wrongly identified by police in an armed robbery.

YETI chief executive Genevieve Sinclair said the Cairns watch house was continually operating far beyond safe capacity for both staff and detainees.

“In the past month or so we are seeing children being forced to drink toilet water, broken infrastructure and conditions that are not fit to cage animals in,” she said.

CEO of Youth Empowered Towards Independence (YETI) Genevieve Sinclair. Picture: Brendan Radke
CEO of Youth Empowered Towards Independence (YETI) Genevieve Sinclair. Picture: Brendan Radke

“With the recent sexual assault of the 14-year-old child (in the Cairns watch house) we need to remember we are talking about an assault of a child who is under the watch of adults.”

Mr McDougall said Queensland’s watch houses had returned to levels of overcrowding and treatment of children which attracted national condemnation following media coverage in 2019.

“A distressing situation but one which cannot be described as surprising given the current and previous governments were explicitly warned that the raft of youth justice changes would result in this human rights catastrophe,” he said.

Ms Sinclair called for the use of the Cairns watch house for detaining children for more than 72 hours to cease immediately.

“These children require youth justice facilities, health and disability supports – surely this can’t continue,” Ms Sinclair said.

This was echoed by the Commission who said an immediate plan was required to address the longstanding and increasingly urgent problem.

“The Commission has advocated before for legislated time limits for child and youth detention and this should be introduced as a priority,” Mr McDougall said.

“We need an urgent assessment of the use of discretion by police officers over whether to arrest and detain children where there is not a risk posed to the community by their release. “This is critically important given detention centres are full and there is a high likelihood that children will be sent to watch houses for prolonged periods, exacerbating any problems in what is an already risky environment.

The Common room area of the men's unit inside the Cairns watch house. Picture: Queensland Ombudsman
The Common room area of the men's unit inside the Cairns watch house. Picture: Queensland Ombudsman

Ms Sinclair said extended watch house stays did not contribute to children’s rehabilitation.

“When the end result we all want is to be safe in our houses and streets, this is definitely not getting us there,” she said.

“Its not fair on children, the community and Queensland Police – who have to manage this debacle.”

The QPS spokeswoman said the QPS works closely with the Department of Youth Justice and Queensland Corrective Services to reduce the time young people and adults remain in QPS watch houses, and to reduce the risk within watch houses and ensure both prisoners and QPS officers and staff remain safe.

“In addition, the QPS continues to work with the Queensland Human Rights Commission, Queensland Family and Child Commission, Queensland Ombudsman (Inspector of Detention Services), Office of Public Guardian and other government agencies, as well as community support and advocacy groups, to ensure those in QPS custody,” she said.

awaiting placement at DYJ and QCS facilities remain safe, healthy and supported.

When in custody, young people are visited by support organisations and Government agencies to ensure their welfare needs are met.

“Generally, where a young person is remanded in custody by the court, that child may spend a period of time in QPS custody while waiting for a position within a youth detention centre.

“Once QPS is advised of an available position, the young person is transferred to the centre as soon as possible.

“Where possible, children are separated from other children in watch houses. Children are always separated from adults in custody.

“The capacity of QPS watch houses, including those in Far North Queensland are closely monitored and transfers between watch houses and detention facilities, instigated when needed to appropriately accommodate the operations of the watch house and welfare of those in custody.”

When contacted for comment, a spokeswoman for Minister for Youth Justice and Victim Support, Laura Gerber said the State Government has already urgently acted to deliver additional funding to extend Caboolture watch house, while new Youth Detention Centres could be delivered.

“The former Labor Government left youth offenders languishing in watch houses without the support and rehabilitation needed to turn their lives away from crime and handed over a system riddled with delays, overblown budgets, and major capacity issues,” the spokeswoman said.

The 15-year-old boy crying out for help on the floor of a Cairns watch house isolation cell. Picture: Supplied
The 15-year-old boy crying out for help on the floor of a Cairns watch house isolation cell. Picture: Supplied

“The Crisafulli Government has also committed to delivering Circuit Breaker Sentencing, and the Staying on Track program which is a 12-month rehabilitation program to give youths the support they need to get back on track and to stop the cycle of crime.”

Ms Sinclair said YETI had raised the issue of overcrowding for years with the past government and was hopeful the new government could make the required changes.

“For children, police staff in watch houses, workers and most importantly the victims of crime whose numbers are building as more and more angry children are released.”

Queensland Police are currently undertaking a review of watch houses, which will look at systemic issues across all facilities, with recommendations to be delivered this year.

Mr McDougall said the Commission awaits a comprehensive plan for properly resourced, statewide, evidence-based early intervention programs.

“We must stem the tide of children disengaging from education if we are to slow the demand for more detention beds and therefore the necessity to detain children in watch houses in the first place,” he said.

“These two measures are critical to address, in both the short and long term, if we are to truly take the steps needed to keep the community safe into the future.”

The new Wacol Youth Remand Centre will be operational mid-2025 and the Woodford Youth Detention Centre is anticipated to be operational by the end of 2027.

dylan.nicholson@news.com.au

Originally published as Queensland Human Rights Commission and YETI blast youth watch house detention after alleged assault of 12yo in Cairns

Original URL: https://www.themercury.com.au/news/cairns/queensland-human-rights-commission-and-yeti-blast-youth-watch-house-detention-after-alleged-assault-of-12yo-in-cairns/news-story/71dd2e7d4b0230de5f63c72888cdff21