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National

Loss of culture, lack of legal support direct children to Banksia Hill detention while parents feel helpless

"Losing culture is really hard. We cannot forget our culture," Katheryn says. (ABC Kimberley: Hinako Shiraishi)

A Kimberley mother has resorted to leaving her home of more than 30 years to take her child away from a life of crime.

Katheryn (not her real name) saw her eldest son succumb to a life of revolving prison doors, after being influenced by peers in Broome. 

She said the lack of support for discharged inmates was one of the reasons her eldest son was living a life behind bars.

"He went to Banksia, Hakea, Casuarina, now he's in Albany Prison," she said.

She hoped by leaving the Kimberley, she could save her younger son from the same fate.

"As they're getting to the age of growing fast, like 10, 12, 14 … it was difficult times … getting into trouble with the white man law," she said.

Banksia Hill Detention Centre is more than 2,000km away from Broome. (ABC News )

Katheryn's youngest son has been to Banksia Hill Detention Centre for stealing "snacks, drinks and food", as he puts it.

"It's not good in there … we stay in the cell too much," her son said.

Katheryn is part of a class action lawsuit against Banksia Prison for the mistreatment of the children inside the facility. 

But she feared keeping her son in Broome would see him in adult prison when he reached adulthood soon. 

Katheryn has seen the impact that the juvenile detention centre has had on the children around her.

"You can't talk to your own family ... your own brothers," this unidentified girl says. (ABC Kimberley: Hinako Shiraishi)

One such child is Amelia (not her real name). She was only 13 years old when she went to Banksia for theft offences.

Amelia said the facility would not let her communicate with other family members who were also detained inside the centre.

She also told the ABC a disciplinary issue had seen her placed in the detention centre's controversial Intensive Supervision Unit.

"If you do try to talk to your own family in juvenile detention, you get lockdown; they take your TV away, they take all the good stuff away," she said.

Management a complex issue: Justice department

In a statement to the ABC, a Department of Justice spokesman declined to comment on Katheryn's and Amelia's specific experiences. 

But a spokesman said the safety of Banskia Hill staff and detainees remained the highest priority.

"Girls at Banksia Hill are not housed in the Intensive Supervision Unit — the Cue Unit at the centre's female precinct may be used when a girl is assessed as being a serious risk to herself, or because of disruptive behaviour," he said.

He said centre staff aimed to transition detainees out of the unit in the shortest possible period of time.

"Where young people accommodated in the ISU or Cue Unit have identified family members within the facility that are assessed as appropriate contacts — and when the young person wants that contact — communication either in person or via phone is arranged where possible," the spokesman said.

He said communication with individuals' families at the point of arrest remained the responsibility of WA Police and Youth Justice Services, with individuals' legal counsel also playing a role.

Once young people arrive at the facility, the spokesman said staff ensured communication was made with responsible adults to confirm their safe arrival, with young people themselves also provided with phone calls.

Could a local detention facility help?

The distance between the juvenile detention centre and Broome is more than 2,000 kilometres and was partly the reason for loss of culture, in Katheryn's opinion.

She said she grew up around elders and wanted the same experience for her boy.

"I got taught to respect and we want to teach our kids that same respect, stop breaking the law," she said.

Katheryn hoped an alternative facility could be built in the Kimberley for juveniles.

She said it was important for the children to clearly understand the reasons they were being locked up, after experiencing the miscommunication when it first happened to her eldest son.

"All the words that he was getting from the police he couldn't understand what he was being arrested for, I couldn't understand," she said.

"If [Banksia] was a school, they would be on criminal charges for such outrageous behaviour,” Ms Krakouer says. (Supplied: Megan Krakouer)

The lack of clarity between the children and law enforcement was an ongoing issue and the tip of the iceberg of a class action. 

"There is next to zero communication with parents and carers when a child is distressed or locked down or charged in Intensive Supervision Unit," class action organiser and youth justice advocate Megan Krakouer said.

"If [Banksia] was a school, they would be on criminal charges for such outrageous behaviour."

She also highlighted the need for an overhaul of the current juvenile justice system because of the lack of after-incarceration support.

Ms Krakouer and Mr Georgatos say they have heard other children speak of ill-treatment in the hundreds of testimonies they have collected for the Class Action.  (ABC News: Gavin Johns)

"If there were supports, there would be less likelihood of this class action," Ms Krakouer said.

As a parent, Katheryn said she felt helpless in trying to break the cycle of youth crime.

"I'm not an elder, I'm just a town mum," she said.

Now, she said she was left with no choice but to leave town with her boy.

"I'm not going because I don't like Broome, it's just to keep my boy away from getting into trouble … I'll always help my kids," she said.

"We give up as parents but I don't want to give up … now we're leaving Broome just to find a solution.

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