This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.theguardian.com/australia-news/2016/apr/26/child-detainees-could-be-restrained-with-spit-hoods-under-proposed-nt-law
The article has changed 3 times. There is an RSS feed of changes available.
| Version 0 | Version 1 |
|---|---|
| Child detainees could be disciplined with restraints under proposed NT law | |
| (about 1 hour later) | |
| Children and adolescents in juvenile detention could be legally restrained with handcuffs, cable ties, spit hoods and restraint chairs for risking the “good order” of a facility and damaging property, if a proposed amendment to Northern Territory legislation is passed. | Children and adolescents in juvenile detention could be legally restrained with handcuffs, cable ties, spit hoods and restraint chairs for risking the “good order” of a facility and damaging property, if a proposed amendment to Northern Territory legislation is passed. |
| Related: Young Indigenous imprisonment in NT: 'You wouldn’t believe it in a modern-day society' | Related: Young Indigenous imprisonment in NT: 'You wouldn’t believe it in a modern-day society' |
| The bill, introduced to the Northern Territory parliament last week, has been criticised by the justice sector as favouring inappropriate treatment of children over better case management and de-escalation strategies. | The bill, introduced to the Northern Territory parliament last week, has been criticised by the justice sector as favouring inappropriate treatment of children over better case management and de-escalation strategies. |
| It follows a string of high-profile and embarrassing incidents in Northern Territory juvenile detention centres, including a riot in August 2014 which sparked two separate inquiries and criticism from human rights groups after children were teargassed and restrained with cuffs and spit hoods for transfer to an adult prison. | It follows a string of high-profile and embarrassing incidents in Northern Territory juvenile detention centres, including a riot in August 2014 which sparked two separate inquiries and criticism from human rights groups after children were teargassed and restrained with cuffs and spit hoods for transfer to an adult prison. |
| The youth justice amendment bill 2016 purports to “clarify” the use of restraints in juvenile detention situations, give the commissioner of corrections wider scope to approve their use and increase transparency measures. | The youth justice amendment bill 2016 purports to “clarify” the use of restraints in juvenile detention situations, give the commissioner of corrections wider scope to approve their use and increase transparency measures. |
| Staff are now banned from using restraints to maintain discipline, but the bill provides an exception, allowing it if the superintendent believes “that an emergency situation exists, or that restraining a detainee would reduce a risk to the good order or security of the detention centre”. | Staff are now banned from using restraints to maintain discipline, but the bill provides an exception, allowing it if the superintendent believes “that an emergency situation exists, or that restraining a detainee would reduce a risk to the good order or security of the detention centre”. |
| The detainee can be kept in restraints until such time as the commissioner “is satisfied the emergency situation no longer exists”. | The detainee can be kept in restraints until such time as the commissioner “is satisfied the emergency situation no longer exists”. |
| Allowable situations includes if the detainee is at risk of harming themselves or others, and if they are causing damage to property or risking the “good order and security” of the facility. In introducing the bill last week, the attorney general and minister for justice and corrections, John Elferink, pointed to the “significant” cost of damage by detainees. | |
| The bill also allows for the commissioner of the day to define an “approved restraint”, potentially allowing for more devices to be added. | The bill also allows for the commissioner of the day to define an “approved restraint”, potentially allowing for more devices to be added. |
| The explanatory memorandum said it was “anticipated” that the term would only refer to handcuffs, ankle cuffs, waist belts and “safety equipment”, but in an interview with the ABC Elferink said cable ties and restraint chairs could be considered necessary. | The explanatory memorandum said it was “anticipated” that the term would only refer to handcuffs, ankle cuffs, waist belts and “safety equipment”, but in an interview with the ABC Elferink said cable ties and restraint chairs could be considered necessary. |
| Priscilla Collins, the chief executive of the North Australian Aboriginal Justice Agency, told Guardian Australia the measures outlined by the bill went against recommendations to improve case management and specialist training. Collins said devices like spit hoods and restraint chairs “shouldn’t be used at all”. | Priscilla Collins, the chief executive of the North Australian Aboriginal Justice Agency, told Guardian Australia the measures outlined by the bill went against recommendations to improve case management and specialist training. Collins said devices like spit hoods and restraint chairs “shouldn’t be used at all”. |
| Related: Damning report on NT juvenile detention reveals 'climate of daily crisis' | Related: Damning report on NT juvenile detention reveals 'climate of daily crisis' |
| “How do they think tying kids to chairs is going to de-escalate [a situation]? This is where they should have specialist training,” she said. | “How do they think tying kids to chairs is going to de-escalate [a situation]? This is where they should have specialist training,” she said. |
| “The corrections commissioner was in the police force. They have specific training on how to deal with situations and de-escalate ... Why don’t they take on board what the police do? Because I’m sure the police don’t tie people to chairs.” | “The corrections commissioner was in the police force. They have specific training on how to deal with situations and de-escalate ... Why don’t they take on board what the police do? Because I’m sure the police don’t tie people to chairs.” |
| During his speech to parliament, Elferink said: “In recent years, children in custody have become increasingly violent, dangerous and irresponsible.” | During his speech to parliament, Elferink said: “In recent years, children in custody have become increasingly violent, dangerous and irresponsible.” |
| Elferink blamed legislative impediments for a failure to keep detainees, staff and the public safe during a number of recent critical incidents, and said the bill was aimed at “mitigating incidents regarding young people where they may compromise the safety of the public and their confidence in the integrity of the youth detention system”. | Elferink blamed legislative impediments for a failure to keep detainees, staff and the public safe during a number of recent critical incidents, and said the bill was aimed at “mitigating incidents regarding young people where they may compromise the safety of the public and their confidence in the integrity of the youth detention system”. |
| A government-commissioned review by former prison boss, Michael Vita, prompted by the August 2014 riot, found the use of teargas and dogs as “justifiable”, but said juvenile justice was in a state of “daily crisis” in the NT. | A government-commissioned review by former prison boss, Michael Vita, prompted by the August 2014 riot, found the use of teargas and dogs as “justifiable”, but said juvenile justice was in a state of “daily crisis” in the NT. |
| Vita found a lack of training among staff, inadequate case management and facility procedures, and no consistency in managing adolescents with trauma or behaviour or mental health issues. | Vita found a lack of training among staff, inadequate case management and facility procedures, and no consistency in managing adolescents with trauma or behaviour or mental health issues. |
| A report by the NT children’s commissioner, specifically looking at the events leading up to and during the August 2014 clash, found the use of spit hoods and restraints was “inappropriate”. The unrest followed the solitary confinement of a number of boys for up to 17 days - far beyond the legislated 72-hour maximum. | A report by the NT children’s commissioner, specifically looking at the events leading up to and during the August 2014 clash, found the use of spit hoods and restraints was “inappropriate”. The unrest followed the solitary confinement of a number of boys for up to 17 days - far beyond the legislated 72-hour maximum. |
| Related: Six teenagers hooded and transferred to Darwin adult prison, report reveals | Related: Six teenagers hooded and transferred to Darwin adult prison, report reveals |
| “You can see how the incidents escalated last time, where they had these kids locked up in those cells for so long,” Collins said. “Of course they’re going to burst out at the end. | “You can see how the incidents escalated last time, where they had these kids locked up in those cells for so long,” Collins said. “Of course they’re going to burst out at the end. |
| “At the end of the day you’ve got to realise they are youths, not adults. A lot have had a traumatised upbringing and that’s got to be taken into account. By adding more trauma to their lives by doing this, you’re not going to be solving any problems.” | “At the end of the day you’ve got to realise they are youths, not adults. A lot have had a traumatised upbringing and that’s got to be taken into account. By adding more trauma to their lives by doing this, you’re not going to be solving any problems.” |
| The bill also introduces mandatory reporting requirements whenever restraints are used but Collins said this level of transparency should already be in place. | The bill also introduces mandatory reporting requirements whenever restraints are used but Collins said this level of transparency should already be in place. |