The Queensland government has been ordered to apologise to three young people after a tribunal found that conditions at the Cairns police watch house breached their human rights while they were held there on remand.
The Queensland Civil and Administrative Tribunal examined the treatment of three teenage boys who were aged between 13 and 17 when detained for several days during 2021 and 2022. The tribunal found they were kept in cells with inadequate privacy and were forced to use toilets in front of other detainees.
One of the teenagers was placed in a padded cell for more than an hour, which the tribunal ruled was incompatible with his human rights. The young people also had limited access to educational materials and exercise facilities, did not always receive clean clothing each day and were held in unhygienic cells without windows or natural light.
The tribunal further found that children were detained too close to adult prisoners. However, it dismissed separate claims that the teenagers had been subjected to indirect discrimination. The state was ordered to provide formal apologies to the three complainants.
Youth Advocacy Centre chief executive Katherine Hayes said the ruling was not surprising and argued that similar conditions continue across Queensland’s watch houses. She said detention centres were operating beyond safe capacity, forcing children to remain in police facilities that were not designed for extended stays.
According to Ms Hayes, young detainees can experience a rapid decline in their mental health after spending several days in watch houses. She warned that mistreatment and a lack of rehabilitation could increase the likelihood of further offending after children are released.
She also expressed concern that the Queensland government’s proposed tougher youth bail laws could place even more young people into an already overcrowded detention system. Many children entering youth justice, she said, have experienced domestic violence, mental health difficulties, developmental delays, neurodivergence or fetal alcohol spectrum disorders.
Queensland Police Union president Shane Prior agreed that the watch houses were unsuitable for children and described some facilities as unacceptable. However, he said police officers were not responsible for the broader overcrowding problem and regularly contacted youth justice authorities to request that young detainees be transferred.
Mr Prior said 11 young people were being held at the Cairns watch house on one day during the week, including one child who had remained there for 13 days. He said such extended detention in a police facility was unacceptable and required urgent government action.
Queensland Police said it was considering the tribunal’s decision and remained committed to complying with the Human Rights Act and safely managing people in custody. Police Minister Dan Purdie said the government had committed $16 million to policing and had begun an overhaul of the system since coming to office.
