❓ Ms. Davies questions the Minister about the existing powers to transfer 18-20 year olds from Banksia Hill to adult prisons. The Minister confirms the power exists but emphasizes the government's stance that adults shouldn't be in juvenile facilities.
AnsweredQoN 333Legislative Assembly
QuestionView source ↗
BANKSIA HILL DETENTION CENTRE — ADULT
OFFENDERS
333. Ms M.J. DAVIES to the Minister for Corrective Services:
I refer to the introduction of the Young Offenders Amendment
Bill 2023.
(1) Is it true
that the minister's department is already empowered to apply to the
Children's Court to remove 18 to 20-year-olds from Banksia Hill
Detention Centre and shift them to an adult prison?
(2) Has the
minister's government used this power in the last 12 months?
OFFENDERS
333. Ms M.J. DAVIES to the Minister for Corrective Services:
I refer to the introduction of the Young Offenders Amendment
Bill 2023.
(1) Is it true
that the minister's department is already empowered to apply to the
Children's Court to remove 18 to 20-year-olds from Banksia Hill
Detention Centre and shift them to an adult prison?
(2) Has the
minister's government used this power in the last 12 months?
AnswerView source ↗
(1)–(2)
The current arrangement, as was detailed in my second reading speech, is that
the Crown can apply to the courts. That was in my second reading speech, so if
the member had paid attention, she would already know the answer to that. I made
it clear in my second reading speech and in commentary about the matter of
public interest that was discussed on Tuesday that our view as a government is
that it is not a question of discretion; it is inappropriate to have adults
housed in the juvenile facility. Yes, that is true and, as I said in my second reading speech, there is an
authority for the court in certain circumstances and on certain conditions to move a young person to the adult
facility, but that is not the question that we are putting to the Parliament. We are putting a completely separate issue, which is that adults do
not belong in the juvenile facility. I understand that there are people in the
community who think adults belong in the juvenile justice facility, but I would
expect that the Nationals WA agrees with the government: that it is not a matter
of discretion and that adults do not belong in the juvenile justice facility.
The current arrangement, as was detailed in my second reading speech, is that
the Crown can apply to the courts. That was in my second reading speech, so if
the member had paid attention, she would already know the answer to that. I made
it clear in my second reading speech and in commentary about the matter of
public interest that was discussed on Tuesday that our view as a government is
that it is not a question of discretion; it is inappropriate to have adults
housed in the juvenile facility. Yes, that is true and, as I said in my second reading speech, there is an
authority for the court in certain circumstances and on certain conditions to move a young person to the adult
facility, but that is not the question that we are putting to the Parliament. We are putting a completely separate issue, which is that adults do
not belong in the juvenile facility. I understand that there are people in the
community who think adults belong in the juvenile justice facility, but I would
expect that the Nationals WA agrees with the government: that it is not a matter
of discretion and that adults do not belong in the juvenile justice facility.
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