Youth Custodial Services Rules (‘YCS rules’) cover the management of detainees at Banksia Hill. The YCS rules were updated and approved on 27 August 2012, superseding the previous Juvenile Custodial Services rules (‘JCS rules’). However, the new rules were not published on the Department’s intranet site until 5 March 2013, after the riot. The Inquiry was advised that the updated versions required formatting prior to online publishing. This was not finalised until 22 February 2013. Therefore Banksia Hill staff were formally advised of the revisions a month after the riot.
Further, standing orders which are supported by these rules have not been updated since 2009. The standing orders still refer to the previous JCS rules and therefore no longer align with the new YCS rules. For example, Standing Order 20 – Critical Incident Including Fire, Medical, Major Disturbance and Hostage Situation Response – is to be implemented in accordance with Rules 108, 207, 208, 214 and 216. As the new rules no longer align to the previous rules, it is difficult to know which rules, JCS or YCS are supposed to support Standing Order 20.
Differences between Youth Custodial Rules and Juvenile Custodial Rules for Standing Order 20
|
Number |
Juvenile Custodial Rules |
Youth Custodial Rules |
|
108 |
Attendance of Prison Officers, Police Officers and Contractors at Juvenile Detention Centres |
Attendance of Prison Officers, Police Officers and Contractors at Youth Detention Centres |
|
207 |
Use of Force |
Searches |
|
208 |
Use of Restraints |
Major Detention Centre disturbances |
|
214 |
Critical incidents including fire, medical, major disturbances and hostage situations |
Does not exist |
|
216 |
Fire emergency procedures |
Does not exist |
In addition, the change in title from Superintendent Banksia Hill to Director of Youth Custodial Services which occurred in November 2012 is not reflected in the new YCS rules. Accordingly, many actions within the rules require authorisation from a role that no longer exists.
Good governance relies on having clear policies and procedures that are understood and implemented consistently by staff. It is impossible for staff to consistently apply these rules and orders when the basic documentation is in disarray.It is a clear oversight that these rules and standing orders were not updated, linked correctly and distributed to all staff prior to the amalgamation.