Four young detainees at the Alice Springs Youth Detention Centre have failed in an "urgent" bid to prevent, or delay, their transfer to Darwin due to overcrowding at the Central Australian facility.
The young people, who cannot be identified, filed an injunction with the Northern Territory Supreme Court seeking orders that they be offered "procedural fairness" before any decision to move them from detention in Alice Springs to Darwin was made.
"My client fears that they'll be transferred on very short notice ... and without the superintendent [of the detention centre] having regard to what, we submit, are the mandatory considerations required by the Youth Justice Act," Scott Robertson, representing the North Australian Aboriginal Justice and the children, said.
"The superintendent has refused our client's request for an undertaking [that they will] not transfer our client without giving two business days' notice."
The court heard the superintendent of the detention centre had agreed to give three hours' notice of any intention to transfer, but Mr Robertson argued that wouldn't be enough time for the young people to then appeal that decision.
The Northern Territory Youth Justice Act allows the superintendent of a detention centre to transfer a detainee to another centre at their discretion if they consider it appropriate.
The young people also alleged that Territory Families, the department responsible for youth detention in the Northern Territory, had directed the centre's healthcare providers not to give the health information of detainees to their lawyers.
"We say it amounts to a breach of the rules of procedural fairness to in effect prevent my clients from accessing information that may be relevant to the superintendent's discretion," Mr Robertson said.
But Mr Robertson told the court, despite asking for a copy, he had not seen a letter or specific directive of that kind.
He argued the potential negative mental and physical impact of transferring young people from Alice Springs to Darwin needed to be considered by the superintendent, telling the court the young people's communication with family and support networks would be difficult if they were sent to a detention centre 1,500 kilometres away.
Overcrowding forces children to be transferred
Acting for the superintendent of the Alice Springs Youth Detention Centre and the Northern Territory government, David McCluer argued capacity issues at the facility meant some children had to be moved away from Alice Springs.
"As things presently stand, the Alice Springs Youth Detention Centre is overcrowded," Mr McCluer said.
"The superintendent's legal and moral obligations extend beyond the interests of the plaintiffs, to other detainees, to deal with that overcrowding."
He argued Darwin's Don Dale Youth Detention Centre had more space and would be better able to accommodate the children.
"The number of detainees required to be housed at Alice Springs can change quickly and without notice and it's obvious that neither the Superintendent nor the Territory [government] have practical control over the inflow of new detainees," Mr McCluer said.
Mr McCluer argued there had been "an adequate attempt" to offer procedural fairness to the plaintiffs about their proposed transfer, telling the court there had been "consultation with various people" and that the plaintiffs had been notified of their intended transfer earlier this week.
Injunction refused
Justice John Burns suggested if an injunction was granted to stop the four plaintiffs from being transferred, it would be detrimental to other youth detainees, given some young people would inevitably be moved to Don Dale due to overcrowding.
"There is no evidence that the personal circumstances [of the plaintiffs] place them in any category different to the others," Justice Burns said.
"The worst that can happen to them is that they are taken to the Don Dale centre, and they are housed in appropriate accommodation, and they are properly cared for."
However, he did acknowledge there would be "some degree of restriction" in communication between young people with ties to central Australia who are moved to Darwin.
The court heard the detention centre's superintendent was yet to formally decide whether the four plaintiffs would in fact be transferred to Alice Springs.
If the decision is made, the court heard they will likely be given three hours' notice of the transfer.
