A prominent Perth lawyer has expressed outrage that a client aged just 14 is now being held at Casuarina prison, saying he's been given no reason for why the boy was transferred to the maximum-security adult jail.
Criminal lawyer Seamus Rafferty said he had been scheduled to see the boy at Banksia Hill Juvenile Detention Centre later this week, but he received an email on Monday informing him that the teenager was being transferred to "unit 18".
Unit 18 was set up at Casuarina Prison in July to initially house a small cohort of teenagers because of what authorities called their "extreme behaviour" inside Banksia Hill.
At the time, the behaviour was said to include detainees threatening and assaulting staff, self-harming and damaging cells to an extent that many of them were left unusable.
Move 'totally inappropriate'
Mr Rafferty said the email his firm received did not give any reason for why his client had been moved from Banksia Hill.
"We are in the process of negotiations which we think will lead to this matter being finalised next week, but we have no idea why he's been transferred to Casuarina," he said.
It is understood the boy is from regional Western Australia, and Mr Rafferty described Casuarina Prison as a "totally inappropriate environment" for him.
"There have been a number of findings that he did not have the capacity in relation to the understanding of the wrongfulness of his previous conduct," Mr Rafferty said
"He's come from a very difficult family situation … he has had absolutely no opportunities and has a number of issues, and I just cannot understand why a child of this very young age would be put in such a toxic environment like Casuarina prison.
"It just defies any form of understanding and it's just so inappropriate."
Transfer follows 'strict assessment'
A spokesperson from the Department of Justice said there were currently 12 young people in unit 18, which was a reduction from the 17 who were initially sent there in July.
"Every transfer of a young person to unit 18 follows a strict assessment by a multidisciplinary team based on a range of factors," the spokesperson said.
"The assessment takes into consideration the safety and security of that young person, as well as other detainees and staff at Banksia Hill."
When a young person is transferred to the unit, their adult or caregiver is notified, along with their lawyer, the spokesperson said.
Youth detainees in the unit have no contact with adult prisoners.
"All of the young people in Unit 18 are reviewed regularly as to the most appropriate placement and transferred to Banksia Hill if their behaviour is assessed as able to be safely and appropriately managed in that environment," the spokesperson said.
"The operation of Unit 18 has reduced the occurrence of lockdowns at Banksia Hill, allowing a return to normal operations in which the majority of detainees at Banksia Hill can fully participate in education and programs that support their needs."
Concerns for 'tiny, fragile' boy
Mr Rafferty said he would be applying for bail for his client as soon as possible, but in the meantime, he remained concerned for his welfare.
He usually has a strict policy of not talking publicly about his clients, but said he was so outraged by what has happened that he felt he needed to put his concerns on the record.
"He's a very tiny young boy, very small, very fragile and not very mature … he looks younger than his age," he said.
"It is just not appropriate for a child to be in the facility in proximity to maximum security adult prisoners in any circumstances."
Mr Rafferty's comments come after a high-profile WA judge slammed the state's youth justice system as "broken" and "a basket case".
Retired Judge Denis Reynolds, who served as president of the Children's Court of Western Australia for 14 years, said the recent transfer of teenage boys from Banksia Hill to an adult prison was "appalling" and "the result of ongoing incompetence".
The comments echoed the sentiment of current Children's Court president Hylton Quail, who earlier this year warned "when you treat a damaged child like an animal, they will behave like an animal".
Those remarks regarding the conditions at Banksia Hill were made during the sentencing of a 15-year-old boy who had assaulted custodial officers at the facility.
Figures paint bleak picture of detainees' mental health
New figures provided to the WA's Legislative Council reveal that since the start of August until Monday of this week, there have been 10 suicide attempts and 60 incidents of mostly minor self-harm in unit 18.
That compares to no suicide attempts and 31 incidents of self-harm at the Banksia Hill facility.
Corrective services minister, Bill Johnston, said he did not see those figures as acceptable but defended moving a small cohort to unit 18.
"I think it's terrible, and we're doing what we can to provide the psychological services for that small cohort [in unit 18]," he told ABC Radio Perth.
"The important point here is the Banksia Hill facility, where the overwhelming majority of detainees are, they are now getting all the services they need.
"Before [the move], every time there was a violent incident from this small cohort, they were denied the services that they deserve, and I don't think anybody in the community thinks that a small cohort should disrupt the benefit of that larger cohort."
Mr Johnston also described the detention of teenagers in unit 18 as "completely sub-optimal", adding "nobody likes the situation".
"I've visited it, I know how hard the youth custodial officers are working to try and provide a therapeutic environment," he said.
"But it's nearly impossible when every time they let a group of detainees get together there's violence. This is very, very difficult."
Prison transfers spark outcry
The WA government described the transfer of "violent young offenders" out of WA's only youth detention centre to Casuarina as a success, saying it meant Banksia Hill was running more smoothly.
But the move has sparked an outcry among advocates in the state and across the country.
WA's Commissioner for Children and Young People, Jacqueline McGowan-Jones, said moving the young detainees to an adult facility was "the result of successive government failure in social justice policies".
Upon inspection of the wing at Casuarina where children as young as 14 were moved, she concluded that it was "in no way a suitable environment".
She said total separation of the groups was not logistically possible and called that a cause for concern.
Ms McGowan-Jones also called for an increased focus on prevention, diversion and rehabilitation programs and more restorative justice approaches.
"We need to look further than facility options and start to address the root cause of social disadvantage," she said.
"The vast majority of young people in the youth justice system have experienced significant trauma in their lives, resulting in criminal behaviour and may have cognitive impairments and other psycho-social disabilities.
"This means that every decision made about them, and every response to their behaviour needs to be aimed toward rehabilitation.
Calls for new approach
Ms McGowan-Jones sentiments were echoed by Australia's National Children's Commissioner, Anne Hollonds, who said after a recent visit of Banksia Hill that the crisis at the facility was "just the pointy end of the long-term failure of child wellbeing policy and systems in this country".
The Australian Human Rights Commission also slammed the practice, saying it came on the back of "cruel and degrading" conditions at Banksia Hill and that it was time for Australian government to change its approach.
"The current punitive approach does not keep our communities safe, with the evidence showing it leads to higher rates of recidivism. It is not an effective use of taxpayer dollars, and it fails to protect the rights of children," the Commission said.
The crisis in WA's youth detention is ongoing, with WA Police just last week admitting to keeping two juveniles at the adult Perth Watch House due to "exceptional circumstances".
Officers said they had no choice but to keep them there for about three hours one evening after staff at Banksia Hill advised they could not receive any detainees.
