Report finds 'unacceptable' level of incident records, questionable use of force at Canberra's only youth prison
The ACT National Preventive Mechanism's report included concerns about "use of force" and an incident where a young person was taken "to the ground" at Bimberi Youth Justice Centre. (ABC News: Phil Jaiyawong)
In short:
A high-level delegation has raised significant concern about two use of force cases at Bimberi Youth Justice Centre, and found an increase in detainees is reducing their access to essential services.
The ACT National Preventive Mechanism made six recommendations to increase transparency and ensure the rights of young people are upheld.
What's next?
The ACT government said in a statement it was considering the findings and recommendations.
Questionable uses of force by staff, insufficient recording of incidents, and an increasingly tense, crowded environment in Canberra's only youth prison.
These are just a few of many critical findings contained in a new report from an independent oversight committee that monitors ACT detention facilities.
The report into the Bimberi Youth Justice Centre also highlighted issues around access to education and health services for detainees, and detailed three incidents of "significant concern", including one where a young person was held down by eight youth detention officers in a "protracted struggle lasting approximately 13 minutes".
A parent of a young person previously inside at Bimberi Youth Justice Centre told the ABC they recognise the difficult environment the report describes.
"While my child was at Bimberi, there were numerous code blacks, where detainees turn on each other or staff, and the entire facility goes into lockdown,"they said.
"When understaffed, a child can remain in their cell for 15 hours or longer, which is incredibly isolating and stressful."
The parent of a former Bimberi Youth Justice Centre detainee says there were numerous code blacks while their child was at the centre. (ABC News: David Sciasci)
The parent said the experience had a profound effect on their child.
"The result is a highly volatile young person who has been in survival mode inside an institution, released into the community with no support or guidance, often heightened and angry," they said.
"This cycle puts both the young person and the community at risk."
Oversight group investigates
The report into Bimberi Youth Justice Centre was compiled by the ACT National Preventive Mechanism (NPM) — a multi-body group composed of several independent officers, including the ACT Ombudsman and the ACT Custodial Inspector.
The group visited the Bimberi Youth Justice Centre in May this year, and their report contains a detailed account of what they found.
Poor record keeping of what happens in Bimberi, and the consequences of that insufficient record keeping, is repeatedly highlighted as a problem in the report.
This included when young people were in their cell, and what happened during incidents where force was used to subdue young prisoners.
Inaccurate documentation of incidents where force was used to subdue young prisoners was highlighted by the report, along with insufficient CCTV footage and lack of audio recordings. (ABC News: Jesse Dorsett)
Insufficient CCTV footage, lack of audio recordings, and inaccurate documentation of such incidents were all highlighted by the report authors.
"The increase in detainee numbers, and subsequent pressures on staffing, is reducing young people's access to education, health and other essential services," the report said.
'Use of force'
The report summarised two particular "use of force" cases, and the lack of trauma-informed approaches to a third incident.
In one of the cases, a young person began kicking a door and a wall, prompting youth detention officers to eventually take the young person "to the ground".
"There is a protracted struggle lasting approximately 13 minutes during which time mostly seven and at one point eight youth detention officers (most of significant stature) are holding him down including lying across his legs," the report said.
"The young person is resisting and is visibly distressed."
In a separate case, as staff subdued an inmate who had broken a table-tennis table, "the use of force was prolonged (lasting more than 20 minutes) including a period where up to 10 youth detention officers were in the young person's cell".
"Ten days later members of the NPM observed visible marks on the young person's neck, which the young person suggested was due to the use of force."
In the report ACT Ombudsman Iain Anderson called for the introduction of body-worn cameras to improve Bimberi's transparency, record keeping, and reflective practices. (ABC News: Adam Shirley)
ACT Ombudsman Iain Anderson said he was deeply concerned by these incidents.
"We're talking about … seven or eight senior large officers restraining a young person," Mr Anderson said.
"In another case, 10 officers going into the cell of a young person.
"In another case, a number of officers in full tactical gear, effectively menacing a young person.
"They were written up as being not very significant at all, and importantly, there was no evidence that there was learning from these incidents."
Mr Anderson said body-worn cameras need to be used at Bimberi to accurately record such incidents, and pointed out that they were already in place in several other states and territories.
"They're in the interest of the staff as well as the interest of the young people because body-worn camera footage can demonstrate that someone has in fact used force appropriately, as well as recording if it's not used appropriately," he said.
"If a complaint is made, it can be properly investigated."
Previous recommendations not acted on
ACT Inspector of Correctional Services Rebecca Minty says keeping young people in cells by themselves has a detrimental impact on their mental health. (ABC News: Adam Shirley)
The report from the NPM comes nine months after the 2024 Healthy Centre Review into Bimberi by the ACT Inspector of Custodial Services Rebecca Minty.
Ms Minty said many of that review's recommendations remain gathering dust.
"That was a comprehensive look at the way things were operating there," she said.
"It's deeply disappointing the government has not yet responded to that review."
As well as repeating the ACT Ombudsman's criticisms of use of force, Inspector Minty highlighted the atmosphere of the Bimberi centre when she and her colleagues visited in May.
"Many young people were stuck in their units … instead of getting to education, instead of getting to programmes and activities,"she said.
"Keeping young people in cells by themselves or keeping them in units where they're not able to really integrate with their peers, does have a significant detrimental impact on young people's mental health."
'This could be your kid'
ACT Children and Young People Commissioner Jodie Griffiths-Cook says she's worried the chance to help young people is being wasted because of the conditions they face in Bimberi. (ABC News: Adam Shirley)
Another member of the NPM group is Jodie Griffiths-Cook, the ACT Children and Young People Commissioner.
Commissioner Griffiths-Cook agreed with her colleagues that the reports of use of force in Bimberi were "hugely concerning".
"We are talking about young people with histories of significant disadvantage,"she said.
"If we are again asserting those levels of use of force with young people … what we're actually doing is potentially worsening that trauma, perpetuating that trauma and perhaps creating long lasting brain wiring issues that may never be undone."
Commissioner Griffiths-Cook said she was worried the chance to help young people with their challenges is being wasted because of the conditions that young people face in the centre.
"We have this unique opportunity to actually further their learning, but also to think about what they need by way of rehabilitation to enable them to leave Bimberi and ideally not reoffend," she said.
ACT Children and Young People Commissioner Jodie Griffiths-Cook says every Canberran should be concerned about what the NPM has reported on at Bimberi. (ABC News: Jesse Dorsett)
Commissioner Griffiths-Cook emphasised that the whole of the ACT should be concerned about what the NPM has found and reported on.
"This could be your kid. It could be my kid, you know, we want to avoid this,"she said.
"We should be looking to avoid this for all children and young people."
Report recommends body-worn cameras
The NPM report makes six recommendations, including that Bimberi introduce body-worn cameras for staff, and that access to education, health and external programs is maintained as much as possible for young people inside.
Also, that the ACT government prioritise measures to divert young people from Bimberi in the first place.
Inspector Minty agreed on the importance of this, and said the data demonstrated that initiatives such as bail support can stop a young person spiralling into the justice system.
ACT Inspector of Correctional Services Rebecca Minty says initiatives like bail support can stop a young person spiralling into the justice system. (ABC News: Adrienne Francis)
"A lot of people are being picked up by the police, coming in spending a night in Bimberi and then being released the next day," she said.
"This is the type of detention we need to try and remove, because data does show us that the earlier a young person comes in contact with youth detention, the more likely they are to continue in youth detention and potentially to adult detention.
"If we can put supports in place in the community, things like bail support … I think that will have a long-term impact, and positive impact, across the justice system."
The ACT government said in a statement to the ABC that it had received a copy of the NPM report, and that it was considering the findings and recommendations.
"The recent NPM visit to Bimberi Youth Justice Centre provides a timely and constructive opportunity for the ACT government to demonstrate its commitment to transparency, accountability, and continuous improvement in youth justice" an ACT government spokesperson said.
"While the Health and Community Services Directorate has provided an initial review and response to the recommendations, discussions will be ongoing once the Healthy Centre Review package has been considered by government later in the year."
Michael Petterson, ACT Minister for Children, Youth and Families. (ABC News: Tobias Hunt)
The ACT's Minister for Children, Youth and Families, Michael Petterson, said overall Bimberi "does a fantastic job of looking after young people in its care", but that it is a challenging environment to work in and maintaining safety in the centre is a balancing act.
Minister Petterson added the government will "watch with great interest" on the difference staff-worn body cameras will make in other states, but that it won't incorporate the cameras in Bimberi yet.
"There are a range of CCTV recommendations that are probably first cab off the rank, not to say there is not merit in body worn cameras," he said.
"I think there are more pressing CCTV issues that have been made in previous reports, that the government would seek to respond to as a priority."