The WA government is facing a fresh lawsuit in the Federal Court over its alleged unlawful treatment of juvenile detainees at a controversial unit in the adult Casuarina Prison.
The new class action, launched on behalf of teenage inmates kept at Unit 18, was filed and accepted by the court last week.
It is being led by the same Sydney-based law firm, Levitt Robinson, that is representing current and former Banksia Hill Detention Centre juvenile detainees in a separate class action commenced late last year.
One of the principal lawyers, Dana Levitt, said the WA government's lack of accountability left the applicants no choice but to take matters to court.
"We're forced to litigate because there's nothing else anyone has been able to do to ameliorate or improve the circumstances under which youth in WA are detained," Ms Levitt said.
"We hope, obviously, that the WA government changes their tune, and comes to the table sooner rather than later."
Ms Levitt said the new proceedings were launched on similar grounds to the prior class action.
But being unable to keep adding applicants to a claim that already exists, the firm decided to start a new lawsuit, which they hope will eventually be amalgamated into one.
"It's extremely similar in that we know that the cohort of youth that were detained at Unit 18 [were] predominantly disabled, and as such our claims relate to disability discrimination," she said.
"As well as to age discrimination … because of the fact that they're detained in an adult prison, what that means is, they practically can't move around like the adult prisoners can."
Two other lawsuits launched
This will be the third set of legal proceedings launched against the state in relation to its treatment of young detainees in less than eight months.
Levitt Robinson lawyers filed the previous class action – representing more than 500 current and former Banksia Hill inmates – in November last year.
Leading lawyer Stuart Levitt said the case was "potentially worth hundreds of millions of dollars because there are so many people involved".
"We've been directly instructed by about 600 [people]," he said.
"The vast majority [are] Indigenous.
"It alleges effectively … physical abuse, restriction, restraint, breaches of the Disability Discrimination Act and inhumane treatment."
Mr Levitt said the group was seeking financial redress.
The Aboriginal Legal Service also took the WA government to the Supreme Court over what it said was the illegal and inhumane detention of children late last year.
The ALS is representing three young offenders – two currently detained in an isolated part of a maximum-security prison, and one in Banksia Hill — in the current case, and says lockdowns have continued since that decision was handed down.
It says the mental health of the trio has declined further because of the lockdowns, and "they have been increasingly distressed leading to self-harm and suicide attempts".
Earlier this month the Supreme Court heard the ALS's application for judicial review and a writ of prohibition or injunctions to stop their clients from being allegedly further unlawfully detained.
Justice Paul Tottle will hand down his decision later this year.
New legislation introduced
The state government introduced a bill to parliament today to amend the Young Offenders Act 1994, which will ensure juvenile detainees are moved to an adult prison as soon as they turn 18.
Premier Mark McGowan said it would bring WA into line with legislation elsewhere around the country.
"There is currently one detainee who is 23, now I don't want a 23-year-old mixing with a 14-year-old," he said on Tuesday.
"What we're going to do is just make sure that adults go into adult custodial facilities, and we protect those who are juveniles.
Introducing the bill, Corrective Services Minister Bill Johnston told parliament the change would benefit both juveniles at Banksia Hill and adults moved to other facilities.
"Prisons provide a better opportunity for adults to engage in work-ready training and programs that will support young adults in their transition to independence," he said.
"Programs of this kind are not offered to the same extent in youth detention facilities, which largely focused on school-based education programs.
"Further, transfer to a prison may enable an adult to be accommodated in a facility closer to home which may improve their access to family support and engagement."
Mr Johnston said the current system required a court to approve the transfer of someone from juvenile detention to an adult prison.
"This is an inefficient use of resources, particularly when having regard to the overall principle that adults ought not to be detained in the same facility as children," he said.
Once the amendments are passed, the Director General of the Department of Justice alone will be responsible for moving detainees, with exceptions to be made for those nearing the end of their sentence or completing programs at Banksia Hill.
It comes following a major riot at the Banksia Hill facility, which broke out last Tuesday night, lasted more than 12 hours and involved 47 detainees.
The inmates began moving within the grounds and onto the roof of the centre, lighting fires and damaging infrastructure.
Mr McGowan said the damage bill has come to around $30 million.
