Key facts
- The Queensland civil and administrative tribunal found the government unlawfully detained three children in an adult-only watch house.
- Detention conditions included lack of private toilet access, no clean clothes, and cells with no natural light.
- The tribunal ruled these conditions breached the children's rights to humanity, respect, privacy, education, and protection.
- The state of Queensland was ordered to issue an apology for the human rights breaches.
- Compensation was not awarded due to a retroactive legislative exemption passed in 2023.
The Queensland government unlawfully detained three children in an adult-only watch house, violating their human rights, according to a ruling by the Queensland civil and administrative tribunal. The teenagers, aged between 13 and 17, were held in the Cairns watch house between June 2021 and 2022 under conditions that breached their rights to humanity, respect, privacy, education, and protection.
The tribunal found the watch house, designed for short-term adult detention, was unsuitable for children. Detainees experienced cells with no natural light, forced use of toilets in front of others and CCTV, denial of clean clothes, and inadequate means to pass the time. One child described their cell as a "closed brick box." Specific incidents included one child being placed in an anti-suicide smock and a padded cell, and another child being punished with a padded cell for banging on his door.
One child was detained multiple times, with stays lasting up to 12 days. During one detention, a watch house officer allegedly made abusive remarks to a child about a deceased friend. The tribunal ordered the state to apologize for the breaches but ruled against compensation, citing a retroactive legislative exemption passed in 2023.
Katherine Hayes, CEO of the Youth Advocacy Centre, criticized the lack of accountability, stating that such conditions, including overcrowding, are replicated daily in Queensland watch houses. She noted that 45 children are currently held in adult-only watch houses for up to 12 days, with even newer facilities lacking natural light. Minister for Police Dan Purdie attributed blame to the former Labor government and highlighted a $16 million investment in system improvements.