255Legislation in all jurisdictions should state that the aim of detention is rehabilitation of young offenders. The legislative provisions should reflect rehabilitative principles set out below.
Implementation. The Attorney-General through SCAG should encourage all States and Territories that have not already done so to ensure that rehabilitation is incorporated into the relevant legislation as the primary aim of detention. This legislation should be implemented in future decision making about juvenile detention centres. National standards for juvenile justice should incorporate this principle.
256The Design Guidelines and QOC Standards (both endorsed and draft sets) should be reviewed by AJJA, in consultation with OFC, to ensure that they accord with principles in CROC, the Beijing Rules, the UN Rules for the Protection of Juveniles Deprived of their Liberty and other relevant international treaties and guidelines. Community organisations dealing with children’s issues should be consulted about the standards as part of this review.
Implementation. Once the review is completed, the Design Guidelines and QOC Standards should form part of the national standards for juvenile justice as set out in recommendation 192. Compliance with the standards should be monitored by OFC in accordance with recommendation 193.
257The national standards for juvenile justice should be disseminated to officers dealing with children in detention, key community organisations dealing with children and all other relevant individuals and agencies. Information in appropriate forms summarising rights and responsibilities provided by the standards should be given to every child upon admission to detention.
Implementation. The relevant department in each State and Territory should be given responsibility for disseminating the standards.
258The national standards for juvenile justice should provide that a detailed case plan should be developed for each detainee by a detention centre caseworker in conjunction with the young person, within 7 days of entry into detention or within 14 days for a sentence of more than 6 months. The case plan should be reviewed and updated regularly.
259The national standards for juvenile justice should provide that case plans should address the specific needs of particular groups of children including boys, girls, Indigenous children, children from non-English speaking backgrounds, young people in care, gay and lesbian young people and children from rural and remote areas.
260OFC should monitor compliance with the national standards for juvenile justice in relation to the provision of education and training programs in detention. In particular, it should encourage adoption of appropriate mechanisms in juvenile detention centres in each State and Territory for young people to participate in decision making about education and employment programs.
261OFC should monitor compliance with the national standards for juvenile justice in relation to the provision of specialist psychiatric assessments for detainees. In particular, these assessments should be available to detainees before they are brought before court.
262Detainees should be permitted to participate in decision making about the most appropriate arrangements for family and community contact.
Implementation.National standards for juvenile justice should include this requirement.
263The national standards for juvenile justice should provide that relationships between detainees and their families and communities should be supported through the appointment of family and community liaison officers in detention centres.
Implementation. National standards for juvenile justice should include this requirement.
264Staff in detention centres should be provided with adequate training in behaviour management techniques to ensure disciplinary procedures are used correctly and effectively.
265The national standards for juvenile justice should provide that
each use of isolation is to be recorded on a register
isolation should be subject to appropriate approval requirements
maximum periods for which young people in detention can be placed in isolation should be set
where a young person under 16 years of age is isolated for more than 3 hours or, if aged 16-17, for more than 6 hours, the family and probation officer or legal practitioner for the young person or a person nominated by the young person must be notified immediately.
266The national standards on juvenile justice should include the following.
All young detainees should be afforded natural justice and due process in all disciplinary procedures, including the right to be informed of the behaviour which led to the disciplinary measures, to be heard in the decision making process and to have the assistance of an advocate in formal disciplinary procedures.
Detainees should be guaranteed legal representation in any disciplinary proceedings that could result in an extension to the period of detention.
Discretion for dealing with criminal offences committed by children in detention should be regulated.
Implementation. In developing the national standards in this area, regard should be had to the detention procedures manuals in Tasmania and NSW and to the Standard Guidelines for Corrections in Australia.
267Case plans for detainees, medical regimes, disciplinary procedures, isolation, leave, visiting arrangements and parole should be reviewed upon application by the detainee, the detainee’s family or legal representative or the manager of the detention centre.
268The national standards on juvenile justice should provide that an Official Visitors scheme be attached to every juvenile detention centre and visit detention centres regularly, preferably fortnightly.
Implementation. The Attorney-General through SCAG should encourage States and Territories to adopt these measures.
269The role of Ombudsman’s Offices in monitoring detention centres should be strengthened by more regular visits, provision of specifically designed information material to detainees and the appointment, where appropriate, of an Indigenous investigation officer for detention centres in view of the high proportion of young Indigenous people in detention.
Implementation. The Attorney-General through SCAG should encourage States and Territories to adopt these measures.
270A visiting solicitors scheme similar to that recently piloted in NSW should be established to service all juvenile detention centres. The scheme should involve a solicitor visiting each detention centre regularly and at least once a month. These visits should be publicised in advance to all detainees. Legal advice and advocacy should be provided to detainees for bail applications and appeals, complaints, reviews, disciplinary procedures and broader legal and advocacy needs.
Implementation. The Attorney-General through SCAG should seek the agreement of the States and Territories for the joint funding of this scheme. The scheme should be co-ordinated by the relevant legal aid commission.
271The Commonwealth should withdraw its reservation to article 37(c) of CROC.
272The national standards for juvenile justice should provide that each State and Territory establish separate sub-units within some centres for detainees aged 18 years and over. These units should be managed using rules and routines more appropriate to young adults.
273No child under the age of 18 should be placed in an adult prison unless a court decides that it is in the best interests of the child to do so.
Implementation. State and Territory Parliaments should amend laws that permit or require the detention of children in adult prisons for any other reason or on any other basis.
274The national standards for juvenile justice should include a list of general principles and factors to be considered in the determination of all prison transfer decisions, including
that the safety and interests of the young person should be respected
the capacity of the prison system to protect the young person
the most suitable environment for the young person and his or her future and
the right of the young person to be consulted and represented.
275The national standards for juvenile justice should provide that transfer policies and procedures in each jurisdiction recognise that young people for whom a transfer is being considered should
have the assistance of an advocatein making any written or oral submissions concerning the transfer application
be provided with accurate information about the operation of the adult system
be given reasons for the decision and a right of review of the decision.
276The national standards for juvenile justice should provide that the departments in each State and Territory dealing with juvenile justice and adult corrections centres should establish greater links so that any young person transferred to an adult institution may continue the programs commenced in the juvenile justice system. Long term case plans should be developed for those detainees likely to be transferred to the adult system.
277The national standards in juvenile justice should provide for the development of programs and services in all jurisdictions to address the needs of particular groups of children in detention including children from non-English speaking backgrounds, Indigenous children, children from rural and remote areas and girls in detention.
278The NYARS study on transitional arrangements for young offenders should be analysed by each relevant federal, State and Territory department to ascertain the best features of existing pre-release and post-release support schemes for young detainees. Agreed strategies should be incorporated in the national standards for juvenile justice with a view to ensuring their expansion and widespread application.
279The national standards for juvenile justice should include particular provisions for pre-release support schemes, such as day and weekend leave, work release and other forms of community involvement.
280The pilot projects for young offenders established by the Commonwealth should be continued and developed into a national young offender employment and training scheme to enable intensive and supervised job training, placement and support for young offenders. Assistance should begin while the young person is in detention and continue after his or her release.
281Upon completion and endorsement of the national standards for juvenile justice, a national audit should be undertaken of every juvenile detention centre in Australia for compliance with those standards and with human rights commitments. The results of the audit should be published and each State and Territory government should undertake a program of up-grading detention centres, including policies and programs, on the basis of this audit.
Implementation. The Attorney-General through SCAG should encourage State and Territory governments to agree to the national audit of juvenile detention centres and provide the published results of the audit to OFC.
282Information about recidivism rates for detainees should be collected and analysed on a national basis.
Implementation. States and Territories should collect this data through the most appropriate agency in each jurisdiction. The data should be provided to OFC for national analysis and scrutiny in conjunction with ABS and the AIC.
283Information about the numbers of young people from specified groups who enter detention should be collected and subjected to national analysis and scrutiny. It should record the numbers of boys and girls, children from rural and remote areas, Indigenous children, the ethnic and socio-economic backgrounds of children, children who have been in the care and protection system, children with disabilities and any other groups of children who experience particular problems or have special needs within the detention system. The data should also include information about recidivism rates of young people from each group. The data should inform policy and program development in relation to all children and each group of children.
Implementation. This data should be collected by States and Territories through the most appropriate agency in each jurisdiction. The data should be provided to OFC for national analysis in conjunction with ABS and the AIC and incorporation into the national standards, policies and programs.
284All those working with young people in detention should be trained in the application of the national standards for juvenile justice.
Implementation. Appropriate training programs should be developed by relevant State and Territory authorities in consultation with the OFC.
285Official Visitors should be given training on the national standards for juvenile justice and be made aware of the procedural requirements in detention and of the advocacy needs of detainees.
Implementation. Each detention centre should provide this training.
286Implementation of recommendations relevant to young people in detention from previous inquiries including the Royal Commission into Aboriginal Deaths in Custody, the NSW Ombudsman’s Inquiry into Juvenile Detention Centres and theReport of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children From Their Families should be accelerated. This may require additional resources from the responsible governments.
Implementation. The Attorney-General through SCAG should encourage State and Territory governments to implement these recommendations