Claims of sexually inappropriate behaviour and excessive use of force by custodial officers against youth detainees at Banksia Hill Detention Centre have been tabled in WA parliament.
The claims detailed complaints about a range of alleged issues ranging from extensive lockdowns, sexual misconduct by officers and severe assault.
Greens Upper House MP Brad Pettitt tabled 57 complaint letters to parliament late on Thursday, which he said were sent to the Department of Justice (DOJ) by the Aboriginal Legal Service of WA (ALSWA).
Dr Pettitt said the letters were sent on behalf of 51 young people about the conditions at Banksia Hill Detention Centre and the controversial unit 18 at the adult Casuarina Prison, where some juvenile detainees have been transferred.
In some cases, the statements in the letters contain extensive detail of the alleged misconduct.
In one complaint, a female detainee alleged she was hit on both sides of her head with chairs by two male youth custodial officers, resulting in lumps on her head.
It is further alleged she was then placed in handcuffs, put into a "hogtie" or "folding up" position, and dragged on the floor while restrained.
The incident was alleged to have happened on December 1 last year, two weeks before the department retrained guards in an alternative technique and banned the "folding up" restraint after it was highlighted in a Four Corners investigation.
Another submission contained allegations that an officer "moaned inappropriately (sexually)" at the same female detainee when she asked him to open her cell door and that she felt scared.
"If [the child] screams, [the officer] will often say things such as 'I love it when you scream'," the letter read.
Letters also described how complainants felt uncomfortable when a youth custodial officer allegedly looked at girls' buttocks while they were playing cricket in a gym.
"[The child] has witnessed [the officer] touch his 'front part' or 'crotch' area as he is looking at the girls," the letter read.
"This makes [the child] feel scared."
Child allegedly left naked in cell
Other complaints include a child spending two weeks in the same clothes and being denied fresh clothing by staff.
Another detailed how a child was allegedly left naked in his cell with a rip-proof gown and slept overnight in his shower with a pillow and no bedding in January this year.
"[The child] threatened to hurt himself and the [youth custodial officers] ripped his clothes off and left him naked in the cell with a rip-proof gown, which in his distress [the child] did not put on," one letter read.
"[The child] was left naked in the cell from about 2.30pm … until his visit with [his lawyer] the following morning.
"His mattress was covered in OC [pepper] spray and was 'itchy' … He was very cold all night."
One letter said a boy who had been held in Banksia Hill's Intensive Support Unit used a razor to cut the word 'alone' into his forearm.
"This was the first time [the child] had self-harmed in his life," the letter reads.
"He described it as wanting to focus on the pain of the cutting rather than the distressing feelings."
'Massive public health crisis'
Tabling the documents in parliament, an emotional Dr Pettitt said the situation at Banksia Hill and unit 18 was getting worse, not better.
"And frankly, so long as this state continues with business as usual, it's only a matter of time before there is a horrific and tragic and completely avoidable death of a child in custody," he said.
"The refusal of the state government, and particularly the premier, to accept that there is something seriously wrong with the way the government is running youth detention right now, and address this issue like the massive public health crisis that it is, is causing extreme harm to children in our communities, particularly First Nations ones.
"No child, no matter how bad their behaviour is, deserves to be treated this way.
"WA can and must do better."
Dr Pettitt said he tabled the documents so the young people in youth justice would know they are not forgotten about.
The 279 pages he presented to parliament include one response from the DOJ in relation to a boy who said he had been struggling to cope with being locked down in his cell for "significant periods".
His lawyer wrote to the department to say he had asked to speak to a psychologist multiple times but had not been able to see one.
The letter also said the boy had a knee injury which caused him "significant pain" whenever anything bumped against it
The reply from the department's director of health services, sent the next day, said all detainees could access psychological services by requesting them through custodial officers.
"As a result of your letters, Health Services directly advised Psychological Services of [the child's] needs and he will be scheduled an appointment as soon as practicable," the letter reads.
The response also said the boy had been booked for an X-ray of his knee, but that "staffing constraints" meant custodial officers could not escort him to and from the centre's medical centre.
Thirty cases closed
In a statement, a DOJ spokesperson said when there were claims of staff misconduct, it always confirmed receipt of complaints with complainants, and made arrangements to speak with the young person involved.
"If complaints are upheld, disciplinary action may be taken and/or the matter referred to an external authority," the spokesperson said.
"The outcomes of complaints are provided to the complainant and the reasons for the decision explained if requested."
The spokesperson said ALSWA had raised 42 allegations of staff misconduct at Banksia Hill and unit 18 so far this year.
"In every case, ALSWA is provided correspondence acknowledging receipt of the correspondence and the complaint raised," they said.
The statement said of those allegations, 30 had been closed, with "no disciplinary breaches" found in 29 cases, and the remaining case resulting in an officer being "counselled following an adverse finding".
The DOJ said 10 had been allocated for further investigation with two still being assessed.
"The Executive Director of People, Culture and Standards meets regularly with representatives of the ALSWA and provides progress updates about complaints," its spokesperson said.
"The last meeting occurred on April 4 in which a number of case files were discussed."
ALSWA questions wait time for response
In its statement, the DOJ said the 42 misconduct allegations it referred to dated back to January 1 this year — less than five months ago.
But ALSWA CEO Wayne Nannup said the organisation had been waiting for more than a year to hear back about some cases.
"What we've seen is complaints have been coming to us for over 15 months and prior," he said.
"We've had complaints put to us and we have sent those complaints to Corrective Services or the Department of Justice, and that was around February 2022.
"We have sent other further correspondence in relation to complaints made, on April 26, 2023 … we've also sent numerous other letters during that time.
"These complaints have been in front of them for some time now. All we're asking is, what is the response to this?
"Young detainees are expressing these concerns. We have to take these concerns seriously and there has to be some sort of response to rectify these concerns."
Youth detention raised in question time
The ongoing issues in WA's youth justice system were again raised during question time on Thursday – before Dr Pettitt tabled the complaints – with Premier Mark McGowan outlining the government's efforts to rehabilitate detainees.
That includes more than $100 million to improve conditions at Banksia Hill, as well as building an on-country alternative to the facility.
Mr McGowan also told parliament staff in the juvenile justice system did not get enough acknowledgement for their work.
"I want to continue to acknowledge the staff who go to work in a difficult environment where they're often subject to considerable stress and sometimes violence, and I want to thank them for all of their actions," he said.
"I think they go into this environment with altruistic motives and they want to make sure that they provide an environment in which the detainees have an opportunity to turn their lives around.
"I don't think they should receive abuse, I don't think they should receive criticism."
In a statement, Corrective Services Minister Bill Johnston urged people who wished to make a complaint to use the correct channels.
"If anyone has allegations of unprofessional conduct within the Department of Justice, then it should be referred to the Department's Professional Standards Directorate," he said.
"Alternatively if anyone has any evidence of illegal actions by a youth custodial officer, it should be referred to a relevant authority such as WA Police or the Corruption and Crime Commission."
Many of the ALSWA's letters suggest they had also been sent to the Acting Executive Director of People, Culture and Standards at the department.
