Debate on laws that minimise the use of strip searches on children in custody started in Parliament on Wednesday.
Subscribe now for unlimited access.
$0/
(min cost $0)
or signup to continue reading
Under the proposed Bill, the use of strip searches on children will be limited to when a search is believed on reasonable ground to be necessary, and where a relevant purpose is stated.
The use of force in a search will only be a "last resort" and cannot be used unless force is the only way a search can reasonably and necessarily be conducted in the circumstances, and when it is used, it will be recorded.
Any strip searches will be conducted with a risk-based, or trauma informed approach.
Attorney General Elise Archer said a relevant purpose for a search would include a search for the safety of youth or others, to obtain evidence, to find concealed weapons or drugs, or in a clothed search, to remove belongings.
"We share a commitment to the protection of children and young people in each of our facilities, which has helped us develop the transformative changes in this Bill, for a consolidated and comprehensive search framework for youth in custody," she said.
In debate, Labor Bass MHA Michelle O'Byrne raised concerns about how youths will be advised about the strip search and its processes, and what opportunity will be given to hand in potential contraband before a search is conducted.
She also raised issues with staff training.
"We do need to understand how the process will be communicated to staff. We can have great rules but great rules don't necessarily give effect to great outcomes. There is other that work that needs to be around that."
Greens leader Cassy O'Connor said the Greens strongly supported the amendments.
"The Greens...recognise that while it has taken some time for this legislation to come to the house, that it rightly puts the rights of children and young people who are in youth custody at front and centre when we are dealing with them as they come into the system," Ms O'Connor said.
"How we deal with kids when they come into the system can make all the difference to whether or not we actually break the cycle for those young people," she said.
"This legislation is founded on the principals of the rights of the child, I believe, and I want to commend the Commissioner for Children and Young People for her outstanding work and advocacy on this issue."
Commissioner Leanne McLean has previously said her eight recommendations have been fully responded to.
Department of Justice data from 2018 showed there were 218 young people strip searched in custody, including children aged 11 and 12.
Our journalists work hard to provide local, up-to-date news to the community. This is how you can continue to access our trusted content:
- Bookmark www.examiner.com.au
- Make sure you are signed up for our breaking and regular headlines newsletters
- Follow us on Twitter: @examineronline
- Follow us on Instagram: @examineronline
Follow us on Google News: The Examiner