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Fiona Stanley and advocates urge for inquiry, greater Indigenous involvement in rehabilitation in juvenile detention

Former Australian of the Year Fiona Stanley says she's disappointed by a meeting with the premier last week about problems within the youth justice system, and is calling for greater involvement of Aboriginal Australians in rehabilitation processes. 

Professor Stanley is among a group of prominent West Australians who have continued to criticise the WA government for its handling of juvenile justice in the state.

They are particularly concerned about the ongoing detention of a group of children in an isolated part of Casuarina Prison — an adult maximum security prison — known as Unit 18, and ongoing lockdowns that see some detainees kept in their cells for more than 20 hours a day.

In response to mounting pressure, Premier Mark McGowan last week held a 90-minute meeting with key players, which he said was productive.

However, the sentiment among some attendees has differed.

"It was a very disappointing summit," Professor Stanley said.

"There was no way that we had said that this government was on track, or on the right track, and I think that has to be very clear."

Government commits $63 million to Banksia Hill

Professor Stanley's comments came after the government pledged an additional $63 million to improve the state's only juvenile detention centre, Banksia Hill.

Mr McGowan described it as a "very significant investment into youth justice" aimed at "rehabilitation and trying to get young people back on track".

About half of the money will go towards infrastructure upgrades at Banksia Hill, including improving and strengthening security in accommodation, education and training areas used by "high risk and difficult" detainees.

A new "cultural support and enrichment service" will also be funded, which will be run by an Aboriginal-controlled organisation.

A further $22 million will go towards hiring more staff, while $10 million will be spent on expanding multidisciplinary mental health services.

"We already have considerable mental health support in place in Banksia, but this will ... provide more support for those custodial officers who do a good job in difficult circumstances, and hopefully some incentive payments to get more people to work in that environment," he said.

"It's not an easy environment to work in, they're often subject to assaults and the like, but we provide more support and more officers, it will hopefully mean we can attract more people to work there."

Mr McGowan did not commit to a time frame for hiring staff or rolling out the initiatives at Banksia Hill, amid tight labour and construction markets.

It comes on top of $25 million pledged earlier this year, as well as $15 million set aside for an on-country rehabilitation facility in the Kimberley – the opening of which has now been delayed until the second half of next year.

Government's announcement a 'PR stunt', says advocate

Daniel Morrison is the co-chair of Social Reinvestment WA, a group of 30 not-for-profits campaigning for change in WA's youth justice system.

Invited to last week's meeting at the "eleventh hour", Mr Morrison said attendees were only told about the government's $63 million injection the evening before it was published in the media.

"I feel that that is very much just a political stunt and a PR stunt," he said.

"We do hope that this isn't an opportunity for the premier and his government to wipe their hands of the issues around Banksia Hill."

Mr McGowan said the funding had been worked on for a "considerable period" and was not a result of the meeting, although he expected it would address concerns raised by attendees.

Last week, he said the government would consider ideas raised at the meeting, and report back by the end of the year.

Calls for more Indigenous staff and initiatives

A common theme among the group speaking out was a desire for greater Aboriginal involvement in rehabilitation at Banksia Hill.

"We actually have the capability to be one of the best states in Australia for the developmental health of children, but we are now actually the worst," Professor Stanley said.

"This is because we're not taking into account the incredible strength of Aboriginal people in this state and the fact that they have the answers to the problems that are facing the government right now.

"Aboriginal people in this state understand it, they know it, they've come up with solutions and they've got training in all of the areas that are needed to actually make a difference," she said.

The idea was echoed by Noongar human rights academic Hannah McGlade, who said the situation was a "crisis"

"We want our premier and government to work respectfully with us to respect our fundamental human rights to self-determination," she said.

"We do understand what's happening, we do have solutions."

After last week's meeting, the premier said "almost unanimously" nobody had asked for an inquiry into issues within juvenile justice.

However, Mr Morrison disagreed with that assessment.

"Majority in the room said no need for a royal commission, but we all spoke in depth in relation to the need for an independent inquiry," he said.

"That would be a line in the sand as far as I'm concerned. We need to know and hear from everyone concerned whether it's the children themselves, the staff within these centres, the families themselves."

He's calling for a record of the meeting with the premier to be made public.

'Difference of opinion': McGowan

Speaking on Monday morning in response to the criticism, Mr McGowan said people needed to be practical about the juvenile justice system.

"There are lots of people who are agitated about these issues, and I understand that, but we are trying to do two things at once – improve the services, the facilities and the training available at Banksia Hill, and at the same time protect the public from violent crimes, home invasions, car stealing, things of that nature," he said.

"I have to take both responsibilities seriously.

"I think I have a fundamental difference of opinion with some people and that is, if you commit very serious crimes – serious assaults, grievous bodily harm, sexual assaults – you're going to end up in detention. And I think that's where some people should be, whereas others think they shouldn't ever end up in detention.

"I just have a difference of opinion with some people on those matters.

"When people get into detention, I want to make sure every opportunity is given for them to turn their lives around."

The premier said transferring children currently housed in Unit 18 at Casuarina adult prison back to Banksia Hill before damaged cells were repaired was "fanciful".

"I don't think some of the activists are dealing with the real world. I have to deal with the real world, and that is cells were destroyed, some young people who were disrupting everyone else and attacking the staff, so we had to put them somewhere whilst we repair the facilities," he said.

"I'm just of the view that when you keep committing crimes and very serious crimes and you're a young person, there has to be consequence. Now some of the activists don't think there should be consequence. It's just a fundamentally different way of viewing the world."

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