The Queensland government may have broken its own laws by locking up two 13-year-old boys in their cells for up to 24 hours a day at the troubled Cleveland Youth Detention Centre (CYDC) in Townsville.
Last Friday, the Children's Court in Cairns heard a 13-year-old Aboriginal boy, referred to as Jack, spent a total of 45 days locked in a cell while awaiting trial.
During one period beginning in October last year, he was confined to his cell for 14 days straight.
Between February 1 and February 23 this year, he did not leave his cell for 22 days.
Over a 36-day period he was allowed out of his cell on only five occasions.
In all, he spent 60 days in custody, including six days in adult watch houses in Mareeba and Cairns.
Jack's mother said her son claims he was denied drinking water during a lengthy period in solitary confinement at CYDC and became so distressed he flooded his cell.
"He told me he got so frustrated because security wouldn't allow him to have a drink of water and ended up flooding his room out," she said.
Children in detention have flooded their cells previously by blocking the toilets.
Jack's mother said her usually talkative son had returned home "stressed and closed up".
Queensland Human Rights Commissioner Scott McDougall warned such cases may breach Queensland's Human Rights Act, which states "all persons deprived of liberty must be treated with humanity and respect".
The cases may also breach international human rights rules.
"The rules stipulate that children and adults held in custody should have access to fresh air and exercise for two hours a day at a minimum and clearly in that case that hasn't occurred," Mr McDougall said.
Breakdown of Jack's time in detention
Jack arrived in his cell at 8pm at Cleveland Youth Detention Centre on January 29.
He remained in his cell for 24 hours at a time every day except for the following times:
- February 1 — six hours 40 minutes out of his cell
- February 23 — eight hours 30 minutes out of his cell
- February 25 — 50 minutes out of his cell
- February 28 — eight hours 10 minutes out of his cell
- March 2 — eight hours of his cell
No information was provided for his times on March 7, 8 and 9. Jack was released on probation when sentenced on March 10.
'Scrap' lands boy in custody
Jack was originally arrested last year and charged with criminal assault and stealing, after a brief fight with another 13-year-old boy outside a fast food restaurant, during which one punch was thrown.
"This all arose from two 13-year-old boys who had a disagreement, a scrap," said the boy's barrister, Tim Grau, noting the altercation was caught on CCTV footage and lasted approximately 30 seconds.
The stealing charge was added because after a verbal argument began, the second boy threatened to call triple-0 on his mobile phone, and Jack smacked the phone out of his hand.
"Not to diminish the seriousness of this — a young boy has thrown one punch and he shouldn't have — but incarcerating him for a total of 60 days afterwards is just cruel and inappropriate."
Since the introduction of the 2019 bail laws, which reversed the presumption in favour of bail in cases where there is an "unacceptable risk" to community safety, most children in Queensland watch houses and youth jails are on remand.
In Jack's case, the prosecution did not seek a jail term.
He was released on probation last Friday with a verbal reprimand on charges relating to the fight outside the fast food outlet and other charges relating to drinking stolen alcohol, breaking into a house and stealing $6 and attempting to steal a car.
"Queensland has a terrible track record as [having] the highest remand rate of children in detention in Australia," Mr McDougall said.
"We know of situations where children are brought to court and they have already spent time way in excess of what they would have spent [in jail] if convicted."
No independent inspections
Meanwhile, the introduction of independent inspections of prisons and youth detention centres, which were first proposed in 2021, will not commence for some time.
Attorney-General Shannon Fentiman said in a statement to the ABC that the government would not authorise the ombudsman, who will act as a powerful new inspector of detention services, to commence his work until "later this year".
"This is an important role, and it is vital that the ombudsman has the appropriate staffing, training, procedures, and other administrative arrangements in place prior to commencing inspections," a spokesman for the attorney-general said.
Mr McDougall said the government needed to take steps to authorise the inspector of detention services to begin work "urgently".
"The government just needs to get on with it," he said.
"It needs to get up and running particularly as we see new laws pass that will increase the number of children in detention and put more and more pressure on the system."
Mr McDougall said while the QPS releases data about how many children are in adult watch houses, he has no information about how many children are being kept in solitary confinement in juvenile detention in Queensland, mostly due to staff shortages.
"It's clearly happening, how often it's happening I am not in a position to say but that is an issue the inspector should grapple with immediately," Mr McDougall said.
'I was scared for him'
Mr McDougall has reviewed the case of a second child — identified only as T.A. — who spent 78 days confined to his cell "for 20 hours or more" while awaiting trial.
On 10 of those days, he was not permitted to leave his cell at all.
T.A., who has been diagnosed with fetal alcohol syndrome and attention-deficit hyperactivity disorder, admitted to being in a group which attacked a trolley attendant at a shopping centre last year.
It was not clear whether he participated in the attack.
Late last month, Children's Court judge Tracy Fantin declined to record a conviction, saying the child had "effectively been held in solitary confinement" which she described as "cruel", had "no rehabilitative effect" and was a "direct breach" of the state's youth justice laws.
"This is appalling treatment and everyone in Queensland and indeed Australia should be reviled by that story," Mr McDougall said.
"But unfortunately I don't think this is an isolated case.
"Every child that spends pre-trial time in custody is three times as likely to reoffend so we are just making a terrible problem worse, not better."
Meanwhile, Jack who turned 14 on the weekend, is struggling to get back to normal life.
His mother and two brothers live in Mareeba, almost 400 kilometres from the Cleveland Detention Centre in Townsville, and she was unable to visit her son while he was on remand.
"I was worried for him, scared for him," his mother said.
"I wouldn't be able to cope with [what he went through]."
Having spent so long in Townsville on remand, she is now struggling to get Jack back on track.
"He just turned 14 on the weekend. He's been in prison since January. It's hard to get him back to the straight life.
"I would say to the government, doing this to kids is ridiculous. Your thinking is not right."
Youth Justice Minister Leanne Linard said separating a child in a detention facility, or solitary confinement, was used "as a last resort".
"At all times during a separation, young people have access to visits and professional support services, phone calls, education material, meal routines and recreational activities," Ms Linard said.
The ABC has contacted the attorney-general's office for comment.
