NACCHO Aboriginal Health News Alert : Download Progress reports : One year on from Royal Commission findings on Northern Territory child detention: what has changed?

We made an election promise to get young people back on the right path and away from a life of crime, and that is what we are doing. We want Territory kids that get into trouble to become better people, not better criminals.

The Royal Commission recommendations and the Territory Labor Government’s reform plans have resulted in the most comprehensive overhaul of the child protection and youth justice systems in NT history.

This stands in stark contrast to the chaotic former CLP Government who cut funding to youth justice and had no plans.

To create generational change, we have been coordinating a Whole-of-Government response in partnership with Aboriginal organisations, non-government organisations, and the wider community.

We have made substantial progress, but there is more to be done and the Federal Government needs to come to the table and help fund solutions, not just identify the problems. If they are genuine about improving the protection and detention of children they need to help fund the solutions.”

Minister for Territory Families, Dale Wakefield see full Press Release Part 2

Read over 60 NACCHO Royal Commission / Don Dale Articles published last 2 years 

The lack of substantive progress in the year since the commission reported highlights the need for accountability and independent implementation monitoring. Scepticism over the degree to which the commission will represent a moment of change is understandable. It is now more than 25 years after the Royal Commission into Aboriginal Deaths in Custody.

For many, the lack of progress since that 1998 Royal Commission casts doubt over the potential for this royal commission to achieve meaningful change to the lives of young indigenous Australians in the NT.

The Northern Territory government has allocated $70 million for the construction of two new detention centres in Darwin and Alice springs. It is expected that these will be completed in mid-2020.

The royal commission established that the present situation is unacceptable. UNICEF’s report reaffirmed this on the international human rights stage. Change in this area cannot be slow and cannot be incremental. We have the evidence, the commission has laid out the road map and now action is needed.

We call on the NT government to act to better protect the rights of the children within its care “

One year on from Royal Commission findings on Northern Territory child detention: what has changed? From The Convesation see Part 2 Below 

Part 1 Nt Government Press Release

The Royal Commission into the Protection and Detention of Children in the NT Final Report was handed down one year ago.

The Territory Labor Government accepted the intent and direction of all 227 recommendations, and in April this year announced a historic $229 million investment over five years to overhaul the child protection and youth justice systems and implement the recommendations. The Federal Government is yet to allocate one additional dollar to implement the recommendations.

This investment coincided with the release of the implementation plan Safe, Thriving & Connected: Generational Change for Children and Families.

Download 

Safe, Thriving and Connected – Implementation Plan (1)

Today, the Territory Labor Government released the first progress report outlining substantial progress seven months into the reform journey.

Of the 218 recommendations that relate to action by the Government, 33 are now complete, 47 are well progressed, 122 are underway, and 16 not yet started.

Key achievements include:

  • Legislative reform to amend the Youth Justice Act to give Territory Families legal responsibility for youth justice and improve the wellbeing of young people in detention by prohibiting the use of restraints and limiting the use of force, isolation and strip searches for young people in detention
  • Completion of $10.48 million significant ‘fix and make safe’ works at Don Dale and Alice Springs Youth Detention Centres, including new and separate education and female accommodation facilities at the Alice Springs Centre
  • Design tender released for the development of new, purpose-built youth justice centres in Darwin and Alice Springs
  • Increased participation and improved partnerships with Aboriginal organisations and families to increase local decision-making and Aboriginal involvement in the child protection and youth justice systems
  • Reforming and streamlining the child protection processes. This includes the One Child One Case approach for frontline child protection staff, which will increase efficiency so that they can spend more time with vulnerable children and their families. Central Intake Services has also been redesigned to better manage the high demand of notifications and provide a more timely service to the community
  • Construction of the Tennant Creek Child and Family Centre is underway – the first of 11 new centres to be built across the Northern Territory over the next five years
  • Development of a multi-agency Crossover Family Working Group to increase information-sharing and co-ordination of service response provided to young people and their families in the child protection and youth justice systems
  • Additional funding of $2.5 million to increase the independent Office of the Children’s Commissioner’s capacity to monitor and audit the child protection and youth justice systems The next major milestones will be delivered by 30 June next year. They include:
  • Open the Tennant Creek Child and Family Centre
  • Launch and implement the Signs of Safety practice framework in the NT
  • Renovate the Alice Springs Local Court to include a multi-purpose court for matters relating to children and young people
  • Finalise the design tender for development of the Don Dale Youth Detention Centre
  • Establish two more Child and Family Centres
  • Release and begin implementation of the Aboriginal Out-of-Home Care strategy
  • Commence Aboriginal foster and kinship carer programs
  • Draft and introduce the next round of priority legislative amendments
  • Commence the Community Youth Support Grants program and expand access to youth diversion
  • Finalise three more Local Decision-Making agreements
  • Continue improvements in youth detention operations, practice and staff training

RELATED INFORMATION:

The Progress Report along with an overview document, and a table outlining the 33 completed recommendations is available at: https://rmo.nt.gov.au/ (https://rmo.nt.gov.au/)

PART 2 One year on from Royal Commission findings on Northern Territory child detention: what has changed?

A change of government in the Northern Territory has done little or nothing to address the underlying issues relating to abusive practices inflicted on young offenders in detention – captured in images that sent shockwaves around Australia, and the wider world, more than two years ago.

FROM The Conversation 

On July 25, 2016, the ABC Four Corners investigative programme aired Australia’s Shame, a documentary featuring disturbing imagery and footage of children being abused while held in the Don Dale Juvenile Detention Centre in Darwin.

The evidence of abuse included accounts of detained boys who had been exposed to tear gas and the use of spit hoods while being held in isolation. This shone a national spotlight onto the violence perpetrated within juvenile justice institutions against some of society’s most vulnerable.

After the documentary aired, then prime minister Malcolm Turnbull announced plans for a Royal Commission into the Northern Territory’s juvenile detention system Royal Commission into the Protection and Detention of Children in the Northern Territory.

The then NT chief minister, Adam Giles, of the Country Liberal Party whose federal representatives vote with the Nationals, responded to the Don Dale allegations, stating: “I was shocked and disgusted…A community is judged by the way it treats its children.”

Since the Don Dale allegations emerged, there has been a change of NT government, with Michael Gunner now chief minister of a Labor government. A question emerges though: what changes have occurred for children in detention?

Michael Gunner, chief minister of the Northern Territory, with Nunggubuyu woman Selena Uibo, minister for education and workforce training, photographed in June. Gregory Roberts/AAP

One Year on

We have just marked the one-year anniversary of the findings and recommendations of the Royal Commission into the Protection and Detention of Children in the Northern Territory.

The royal commission confirmed that over the past decade, children detained in the NT had been mistreated, verbally abused, humiliated, isolated or left alone for long periods, among other human rights breaches.

At the sharp end of of rights breaches, the commission stated that many children held in detention had been assaulted by staff, who either wilfully ignored rules or were unaware of the rules. Either way, they clearly acted in breach of Australia’s international human rights obligations and some domestic laws.


Read more: Why are so many Indigenous kids in detention in the NT in the first place?


The royal commission found that senior government members were aware of but chose to ignore these abusive practices. The report made substantial recommendations for reform.

One year on, Don Dale continues to be in operation despite the royal commission recommending it be closed as soon as possible. The ongoing use of the facility continues to arouse significant concerns among legal practitioners, human rights advocates and youth justice stakeholders. It raises a critical question of what has been achieved in the 12 months since the commission reported – and in over two years since the ABC exposed “Australia’s shame”.

What has been achieved?

The NT government asserts that “Territory Families (an NT government department) is undertaking extensive reform of youth detention”, with the development of “an operating model that better considers the needs of young people”.

It states that in 2017-2018 enhanced and specialised training has been completed, along with the hiring of 23 new recruits, the introduction of the ‘Australian Childhood Foundation’s Trauma Informed and Strength Based approach’ and Restorative Practice training.

These developments represent important progress but recent high-profile incidents at the Don Dale detention centre pose further serious questions about the extent to which the problems at the heart of the Royal Commission remain unaddressed.

The notorious Don Dale youth detention centre near Darwin pictured last week after a distubance. Glenn Campbell/AAP

Earlier this month, Don Dale dominated the media headlines again following reports of riots, fires within the detention centre and staff assaults. Reports stated that tear gas had been deployed. Other allegations reported include young women “showering and using the toilet under the watchful eye of security cameras which are recording and monitoring on site”.

These reports act as an unwelcome reminder of the continued broken state of NT’s juvenile justice system and the ongoing and urgent need for change to ensure better protections for young people held in detention.

The continued failure to protect children’s rights

It is nearly 30 years since Australia ratified the 1989 Convention on the Rights of the Child. Yet we still do not have a national strategy or measures to ensure the implementation of appropriate protection of children’s rights in Australia.

Serious concerns about the state of children’s rights in Australia were highlighted in the latest national coalition NGO report to the United Nations Committee on the Rights of the Child. The Children’s Report, published by UNICEF on November 1, draws on 58 consultations with 527 children and young people in 30 locations around Australia. Its findings draw significant attention to Australia’s gross violations of the rights of children held in detention.


Read more: Abuse in youth detention is not restricted to the Northern Territory


The report makes a substantial number of recommendations  that build and give national standing to those previously made by the royal commission.

They include: that the government immediately review and amend youth justice legislation, policies and practices to ensure that all children are treated consistent with the UNCRC and the Beijing Rules. It also recommended that governments prioritise detention centres where children are placed as requiring immediate action as part of the implementation of the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

Another recommendation was that all governments prohibit the use of solitary confinement other than as a last resort; prohibit the use of restraints against children and routine strip searches, unless all other options have been exhausted. Importantly, the report also recommends that governments ensure the existence of child specific, independent inspectorates and complaint mechanisms.

The Children’s Report explicitly calls for governments to be held accountable to the children and young people affected by state failings in the provision of juvenile justice, and calls out the failure to implement the recommendations of the royal commission.

 

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