The Australian Lawyers Alliance welcomes many of the recommendations in the report released today from the Commission of Inquiry into the Tasmanian Government’s responses to Child Sexual Abuse in Institutional Settings, but strongly objects to the Government’s plan to develop a youth detention centre in Pontville.
“We are totally opposed to the Ashley Youth Detention Centre being replaced by a facility in Pontville. It is an ‘out of sight, out of mind’ location that does not encourage open engagement with support services, family members and the broader community,” said Mr Greg Barns SC, national criminal justice spokesperson, Australian Lawyers Alliance (ALA) and Chair of the Tasmanian Prisoners’ Legal Service.
“Pontville is isolated, too far removed from support services and has poor public transport options for family members visiting their children. It is an appalling decision, and we are shocked by this unexpected announcement.”
The report released today by the Commission of Inquiry identifies that the abuse that occurred at Ashley Youth Detention Centre was partially enabled by its remote location which meant children were isolated from their families and communities.
“This isolation meant that systemic abuse could occur out of the ‘public eye’. We cannot make this same mistake again and it would be completely irresponsible of the Government to proceed with this plan knowing what we now know,” said Ms Rowena Macdonald, State President, Australian Lawyers Alliance.
“Youth justice facilities must be close to health, education and family support services and ideally located in major urban centres. They should be informed by world’s best practice which is to create a home environment for young people.”
Many of the recommendations in the report released today are welcome and, if implemented, will help protect children and assist survivors of abuse to receive justice.
“We are currently reviewing the detail of the report to understand its recommendations in full,” said Ms Macdonald. “We are pleased to see recommendations to enforce the Model Litigant guidelines and Guidelines for the Conduct of Civil Litigation which will assist survivors to obtain justice without being re-traumatised by the process of making a claim.”
The report also includes many recommendations in relation to the youth justice system in Tasmania.
“We welcome the recommendation of a specialist children’s division of the Magistrates Court and support the recommendation to increase the age of criminal responsibility to 14,” said Mr Barns SC.
“However, we are disappointed that the Commission did not recommend that restorative justice be legislated for in Tasmania, despite finding that restorative justice is a useful alternative to traditional justice. This is a missed opportunity.”
