Reform the orientation program for young people newly received into detention.
Liberalise the rules relating to gratuities, products available in the canteen, items allowable in detainee cells and what families are able to provide to young people in detention.
Reduce the number of scheduled and unscheduled lockdowns of detainees.
Implement strategies and practices with respect to social visits to improve the quality of interaction between young people and their families.
The Department pursue legislative amendments to the provisions of the Young Offenders Act 1994 to: (i) remove the power of Superintendents and Visiting Justices to impose penalties which increase custody time; and (ii) clarify the standard of proof for detention offence charges.
Review the Young Offenders Act 1994 and all associated regulations, rules, orders and procedures alongside the pending amendments to the adult prisoner disciplinary regime. The outcomes of the review should include: (i) greater clarity with respect to the role of detention offences and other options in managing poor behaviour; and (ii) ensuring that young people in detention are not treated any more severely than if they were adults.
Review and report on the Juvenile Custodial Rules and detention centre practices with respect to confinement for a detention offence to ensure full compliance with the expectations of the Young Offenders Act and the Young Offenders Regulations in all areas, including exercise, access to reading materials, monitoring and documentation.
Review the Juvenile Custodial Rules and detention centre practices with respect to confinement for good government, good order or security to ensure full compliance with the expectations of the Young Offenders Act and the Young Offenders Regulations in all areas, including exercise, access to reading materials, monitoring and documentation.
Ensure that children are only confined following an incident when this is necessary for the good order or security of the centre, and improve documentation with respect to such confinement.
Evaluate whether the responses to incidents at Banksia Hill and the consequences for such behaviour are sufficiently robust, with particular reference to incidents of violence.
Ensure clear and comprehensive documentation is maintained with respect to (i) the reasons why children are placed into Harding B wing; and (ii) all stages of any regression regime which is imposed.
As an immediate measure, and prior to the potential development of an alternative to the current model of regression: (1) Improve staff understanding of the proper role of regression as opposed to other options. (2) Amend the legal instruments relating to regression to ensure that (i) that the core principles are embodied in higher level instruments such as Regulations or Juvenile Custodial Rules; and (ii) the language affirms that regression may not be used for the purposes of punishment.
Ensure that a young person is never placed in circumstances akin to confinement for more than 24 hours except by way of punishment for a detention offence which has been proved to the satisfaction of an independent adjudicator. Aim for a maximum target of 12 hours for stage one of regression.
Ensure that adequate staffing resources – both custodial and other professional staff – are in place to develop, implement and monitor interventions which aim to address individual behavioural needs.
Implement comprehensive reforms to the systems and processes for behaviour management in juvenile custodial facilities, especially in the areas of confinement and regression. Develop multi-disciplinary models which pay full regard to the principles in the Young Offenders Act and which are more subtle, more focused and more therapeutic than current practice.