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ABC News
ABC News
National

Segregations exceeding 24 hours at Juvenile Justice centres on the rise.

New data shows segregations exceeding 24 hours in New South Wales juvenile justice centres have increased over the past year, despite ongoing pressure on authorities to limit the practice.

According to the latest NSW Ombudsman's annual report, the office received 147 segregation notifications in the 12-month reporting period; a rise of 46 per cent compared to 2020-21.

By law, the ombudsman must be alerted if a detainee is segregated for more than 24 hours.

The Frank Baxter Youth Justice Centre at Kariong on the Central Coast recorded the highest number, with 67 notifications.

Public Interest Advocacy Centre senior solicitor Grace Gooley said the latest statistics were "extremely concerning".

"Urgent action really needs to be taken to address what we see as a very significant increase in the use of solitary confinement for prolonged periods," she said.

"There is a wealth of evidence that shows that it causes considerable harm and it may just be exacerbating the risk factors that the segregation is intended to overcome."

She noted that Youth Justice gave evidence at senate estimates that there had been an overall decrease in the use of restrictive practices in the past three years.

"I think that's important to keep in mind but nonetheless, what we're seeing this spike in is periods of segregation that need to be reported to the ombudsman," she said.

"We would argue for better training around de-escalation strategies so that it doesn't get to the stage of segregation and more investment in the psychological and emotional support that that young person needs so that risk is overcome without these sort of restrictive practices."

Awabakal-Gaewegal elder Aunty Tracey Hanshaw agreed, labelling the latest segregation statistics "a terrible indictment" on the juvenile justice system.

"The large population at Frank Baxter, as in any institution in Australia whether it be juvenile or adult, the largest population in there is Indigenous," she said.

"Since being alerted to this report, which has only been released in the last few days, we've since started sending the data information from this report to the coroner's legal teams so that this can be raised."

Under the Children (Detention Centres) Act 1987, time spent in segregation must be "as short as practicable" and cannot exceed three hours without approval.

In a statement, the Department of Communities and Justice said segregation practices were "heavily regulated" and that there had been a significant downward trend, particularly in segregations lasting less than 24 hours, overall. 

"All restrictive practices have reduced consistently in Youth Justice NSW since 2018-19," the statement read.

"Segregation has reduced by 22 per cent in the last year and by 67 per cent since 2018-19.

The department said Frank Baxter Youth Justice Centre was one of the largest centres in NSW, with a very high proportion of high-risk detainees and a comparably higher risk of violent behaviour.

"Youth Justice NSW has a duty of care to young people and staff," the statement read.

"Segregation is used to protect people from violence, injury and trauma.

"This practice is heavily regulated in NSW and there are clear steps that Youth Justice must take to ensure that segregation is only used when necessary to keep people safe."

The NSW Ombudsman's Office said it continued to "monitor trends and liaise with Youth Justice when issues are identified at different centres."

Editor's note 4/11/22: A previous version of this article used interchangeably the terms segregation and solitary confinement. The text has been updated for accuracy. An earlier version also referenced the case of 20-year-old Wiradjuri man whose death prompted a coronial inquest last year. He was isolated at the Kariong Correctional Centre, an adult facility.

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