Key facts
- A 16-year-old boy was held in an adult prison for six weeks, spending over 22 hours a day in his cell.
- The conditions were described as "akin to solitary confinement" in a "cramped and worn" cell.
- The teen experienced suicidal thoughts and self-harm urges due to the isolation.
- The Victorian ombudsman found the Department of Justice and Community Safety breached the teen's human rights.
- The ombudsman recommended banning the transfer of children into adult prisons, but the government rejected this.
- The teen was told by a guard he was "like a dog" for asking for a cup to drink from.
A 16-year-old boy was held in conditions described as "akin to solitary confinement" in an adult maximum-security prison for six weeks, according to a report by the Victorian ombudsman. The report, tabled in parliament on Thursday, found the Department of Justice and Community Safety breached the teen's human rights when transferring him from the Parkville Youth Justice Precinct to the Melbourne Assessment Prison in early 2025.
The teen was transferred after attacking staff, following two formal warnings that his "violent behaviour" could lead to a move to an adult prison. Upon arrival, he was separated from other inmates due to his age. Records indicate he spent an average of over 22 hours a day in his cell for six weeks. Ombudsman Marlo Baragwanath stated these conditions "bordered on solitary confinement".
The report detailed the cell as "cramped and worn," with the boy telling the ombudsman he could not see out of the window and that the environment "starts playing with your mind." Even during his limited outdoor time, he was confined to an area described as "effectively a room that is open to the sky" and was handcuffed due to his history of violence. He ate meals in his cell and was denied a cup by a guard, leading him to feel he was being treated "like a dog."
For the entire six weeks, the teen had no in-person visits from family. He expressed a desire to touch them, stating, "If I see them, I want to touch them 'cause, you know, that's my family." This isolation led to "dark, dark thoughts," including self-harm and suicidal ideation.
Under Victorian law, children aged 15 or older can be transferred to adult prisons as a last resort. However, the ombudsman found that the child's human rights were not properly considered in this instance. Baragwanath emphasized that human rights apply to everyone, including those accused or convicted of crimes.
Tracy Beaton, Victoria's principal commissioner at the Commission for Children and Young People, supported the ombudsman's eight recommendations, including a ban on transferring children to adult prisons, though this was rejected by the government. Mindy Sotiri, executive director of the Justice Reform Initiative, called the report "indicative of a system that is failing" and argued that such approaches do not aid rehabilitation or reduce reoffending.
Victorian senator Lidia Thorpe suggested that the significant cost of incarcerating a child could be better allocated to wraparound services. Victorian Greens justice spokesperson Katherine Copsey described the report as an "indictment" of the Labor government's "adult time for violent crime" laws. The Victorian Liberal spokesperson for youth justice, Renee Heath, criticized the government's handling of the youth justice system, referencing another audit that questioned the effectiveness of a $40 million crime prevention program.
According to the ombudsman, the teen was transferred back to an adult prison after turning 18, at which point he was no longer separated for safety reasons.