9 December 2024

Too much security: No hugs for Bimberi detainees unacceptable, report finds

| Ian Bushnell
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bimberi youth justice centre

Bimberi Youth Justice Centre is too restrictive and fails to offer ways to prevent young people from reoffending. Photo: Region.

Detainees at the ACT’s youth detention centre should be able to hug and kiss visitors, a practice that had been banned since 2020 but is the norm in other jurisdictions and at the Territory’s adult jail, a new report has recommended.

The 2024 Healthy Centre Review of the Bimberi Youth Justice Centre from the ACT Custodial Inspector found that an overcautious emphasis on security since the 2019 riot was impacting the emotional and social well-being of detainees and undermining attempts to use more therapeutic approaches.

“The presumption of no physical contact at visits, with Youth Detention Officers closely monitoring young people and their visitors, runs contrary to a therapeutic, rights-based, child-centred approach,” the Review Team said.

“This presumption against physical contact with loved ones is unacceptable and cannot be justified in a human rights jurisdiction. Visits should be a place of support, connection and healing and limitation on contact should only ever be done on the basis of an individualised evidence-based risk assessment.”

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Practices such as the ban on physical contact with visitors and the use of collective punishment were more restrictive than those at maximum security adult prisons, including the Alexander Maconochie Centre (AMC).

“Some young people are detained in Bimberi for months or even years. Not allowing families to hug lacks humanity and is not what we should expect in the ACT,” Custodial Inspector Rebecca Minty said.

The report noted that a total lockdown of the centre was a standard response to every incident, no matter how minor, causing significant and unnecessary disruptions and fuelling resentment.

The review said the continuing of the COVID-era ban on physical contact and the use of collective punishment showed that the description of Bimberi as a ‘human rights compliant’ facility was a hollow statement.

Detainees were only allowed to leave the centre for health appointments, despite legally being able to leave for employment and education as well, which could help prepare them for release and reduce the risk of reoffending.

The Review Team found that this may be a key cause of recidivism. During the six-month focus of the review, of the 87 young people released from custody, 32 individual young people ended up back in the centre.

“This suggests existing approaches are not working for these young people,” the report said.

The review noted that despite this cycling in and out of detention, there was still no adequate, comprehensive throughcare program to help young people adjust to being back in the community despite multiple recommendations.

“Throughcare needs to be prioritised and funded now – for our young people, and to keep the community safer through reduced reoffending,” Ms Minty said.

ACT Custodial Inspector Rebecca Minty says a clear vision is needed for Bimberi. Photo: Liv Cameron.

Bimberi also did not use body scanner technology when searching detainees.

Ms Minty said the ACT should immediately invest in body scanning technology as used in other jurisdictions.

“This would help keep the centre safe and avoid strip-searching of young people,” she said.

The report also called for action to prevent young people being detained while on remand.

On an average day in 2022-23, there were 15 young people detained, most of them on remand and around one in three identifying as Aboriginal and/or Torres Strait Islander.

Ms Minty said the ACT must invest in early intervention and diversionary programs that could keep young people out of detention.

The Review Team found the lack of a clear government articulation of a strategic purpose for Bimberi was at the root of many of its issues.

“If the ACT Government takes the opportunity to set a clear vision for Bimberi, which emphasises how the Centre should prioritise therapeutic outcomes over risk elimination, there is the potential for many improvements,” Ms Minty said.

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The review cited research on models of care overseas, such as in Spain, that could be adopted at Bimberi, including centres where most staff have an education or therapeutic background, with just a few staff focused on security.

In many of these centres, young people regularly attended education and employment in the community, with low rates of use of force, absconding and reoffending rates.

The review made 15 recommendations, including that the government act on a host of recommendations from previous reviews going back to 2019.

The Review Team included several experts, including a public health physician, the former ACT Aboriginal and Torres Strait Islander Children and Young People Advocate, a team member with lived experience of detention and an expert in detention monitoring.

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Clyde Wheatland9:30 am 13 Dec 24

The recidivism indicates what is delivered isn’t working. Don’t assume the kids associate actions and consequences. Some do consider Bimberi a holiday camp of sorts. Consider how they got that way. All kids have a right to education, social development, preparation for independence, contact with loved ones(if any). Not providing that is child abuse. It also feeds them into AMC and its lousy recidivism. This creates long term criminals out of the marginalised. CYPS runs Bimberi. Don’t expect change.

They’re criminals. They lose many rights when becoming so.

Trevor Willis5:03 pm 10 Dec 24

Our legal system seems to be way too lenient on many young offenders who snub their noses at the law.Treat them as the criminals that they are, and make them uncomfortable with what they have done. Maybe then they will learn that crime does not pay and they can take their place in our law-abiding society. It is the victims who need sympathy and assistance.

Clyde Wheatland8:36 am 13 Dec 24

The recidivism rate indicates it doesn’t teach what is needed. Don’t assume the kids see this as punishment or that they connect behaviour and consequence. Consider what that means for their lives so far. As kids they have a right to education, the development of independence and connection to family and friends. Not providing that is child abuse. Bimberi feeds AMC where recidivism is worse thus turning kids on the margin into criminals. CYPS runs it. Don’t expect change.

These are children with years of brain development still happening. Wouldn’t it be good if we were developing their brains through educational and vocational training that will give them opportunities to develop good careers and futures as good citizens, rather than leaving them stewing inside as they’re mistreated. We need them to develop compassion and positive emotions, not anger, aggression and callousness.

Bugger that. How about corporal punishment instead of incarceration? Better deterrent and far cheaper. 10 strokes first offence, additional 10 strokes recidivism and three times and 30 strokes, then send the jerk to gaol.

These juveniles are not behind bars because they are choirboys and up for outstanding citizenship awards. They are behind bars because they did something anti-social that put them there. Many Australians including myself think that time behind bars is definitely NOT meant to be easy. Hopefully their time behind bars allows them some self-reflection and more to the point protects the greater society from their criminal escapades. Here’s a thought tell them to better their mental health by not engaging in criminal activity in the first place.

@Rob
Many of those young people who are in Bimberi are on remand – waiting for their case to be heard or finalised in Children’s Court.

Here’s a thought – do some research before airing your clearly jaundiced bias and recognise that the presumption of innocence is still a cornerstone of the Australian legal system.

Well said JustSaying!

Trevor Willis4:35 pm 10 Dec 24

It is people like you who feel sorry for these criminals and want them treated better, that makes them recommit crimes. The justice system is way too soft on them and they treat it with contempt.
Rob is right and they should be treated as criminals and should have to face the victims of their crimes who are really the people who need sympathy and assistance

Trevor Willis4:58 pm 10 Dec 24

Well said. Treat them as criminals and maybe they will learn that crime does not pay.

@Trevor Willis
What don’t you understand about people who are held on remand are still presumed innocent?

While in your world, “kangaroo courts” may be the solution, thankfully the sensible majority still believe in the rule of law and its associated presumption of innocence.

Not The Mama5:32 pm 10 Dec 24

By and large these are young people who have made a mistake. Often due to lack of support, guidance and example from those around them.

The punishment is **detention**, not the way that they are treated while being detained. Whilst in detention these young people must be treated with dignity, respect and compassion. Also WE have a moral obligation to make sure that they are treated that way, and that every effort is being made to help them correct their path.

This is not easy by any stretch of the imagination, and we should also ensure that the staff at Bimberri are supported in this trust. I hope that the staff will read the report and use it as a guide for improvement, which is – after all – the purpose of an external review.

Heywood Smith12:57 pm 12 Dec 24

They should consider themselves lucky to be on remand in a juvenile centre, and not amongst adult men like other countries. As has been noted already, they are in there for a reason, and i doubt many, if any, are innocent and have been put in remand by mistake as you stupidly suggest! Perhaps wait outside the entrance and as offenders leave, offer them free hugs?

@Heywood Smith
You are yet another ignorant commenter who does not understand what remand means. They have been put in remand while waiting for their case to be heard or finalised in Children’s Court. The only stupidity is yours and your lack of understanding of the legal system – they have not been put in remand by mistake, they also have not been convicted.

And your final puerile sentence, shows just how much intelligence is behind your comments.

Yeah, there’s edge cases and sometimes the edge is up to 10% of all cases.

But, “remanded in custody” is because they can’t make bail, and 90% that’s because they’ve done the exact same thing before and in fact are probably on bail for the same thing when they committed the latest offence.

Scofflaws deserve big house time, they can’t be trusted in civilisation after all.

@Tk
Sure, Tk, there is a reason for them being held in remand – i.e. they haven’t been granted bail, but that presumption of innocence still applies.

If you don’t like the legal system – then get it changed … until then presumption of innocence is the guiding principle.

I’m fine with it the system as it stands, actually.

OP is the one trying to argue that it needs to be changed, and yes, human contact (eg hugs) can help tame persons who want to riot – but if they were just reprobate recidivists, well, I can understand why there’s a line drawn y’know.

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