- The Young Offenders Act 1994 is the primary legislation applying to young people who commit offences and is binding on the Department of Corrective Services. It governs the treatment of young persons who come into contact with the criminal justice system in WA.
- The Department has developed a complicated array of rules and administrative procedures in order to implement the statutory framework. (Read more)
- In August 2012, prior to the riot, the Department ‘made effective’ new Youth Custodial Rules which superseded the Juvenile Custodial Rules however these new rules were not available to staff until after the riot. Good governance relies on having clear policies and procedures that are understood an implemented consistently by staff. With the basic documentation in disarray it was impossible for staff to consistently apply these rules and orders. (Read more)
- At the time of the Inquiry there were 42 Youth Custodial Rules as well as other administrative procedures relating to the management of detainees. This is extremely and perhaps unnecessarily large. (Read more)
- There is a lack of regular review of the rules and administrative procedures which has resulted out of date rules, including those referring to the decommissioned Rangeview Remand Centre. (Read more)
- International standards recognise that young persons in custody should be kept separate from adults, detained in ‘open’ facilities with minimal security measures and treated in a way which does not subject them to cruel, inhuman or degrading treatment. It is arguable that when the environment at a detention centre does not meet these standards, the centre is not fulfilling its purpose. During the course of the Inquiry, the President of the Children’s Court, his Honour Judge D J Reynolds, expressed the view that due to the high level of lockdown time, the over-use of restraints and strip-searches, inadequate education time and a lack of rehabilitation programmes Hakea Juvenile Facility did not satisfy the requirements for a juvenile detention centre. (Read more)
- Despite detainees being subjected to lengthy lockdowns of up to 23 hours a day after the riot, the Young Offenders Act does not contain any provision which authorises he CEO or Superintendent of a detention centre to order the lockdown of all detainees for a period of time for reasons relating to the management or security of the centre. (Read more)
- The routine handcuffing of detainees as a security measure during escorts within the detention centres both before and after the riot was unlawful and contrary to the Department’s own procedures. In addition to the legal position, the routine use of restraints for escorts with the detention facilities lacked justification. It was neither reasonable nor proportionate. (Read more)
- Subjecting detainees to routine strip searches before and after social visits, without a proper evaluation of whether it was needed in a particular individual case or situation was unreasonable and contrary to the intent of international standards. (Read more)
- The failure to ensure that detainees are able to access and participate in rehabilitative programmes is contrary to the Young Offenders Act and to relevant national and international standards. (Read more)