Learn more about the right to privacy and the right to freedom of expression.
This page explains some of the human rights, discrimination and other issues that might arise in police watchhouses and youth detention and what protections there are.
Human rights protections
What are human rights?
Human rights is about saying that every person has dignity and should be treated fairly. Dignity means being treated with value and respect.
Young people in detention have human rights.
Your human rights in detention
In detention there are many rules to keep people safe. But the rules need to be applied in a way that is reasonable, necessary and proportionate.
- Reasonable means fair and sensible.
- Necessary means it needs to happen for a good reason.
- Proportionate means it has to be right for the situation and not go ‘too far’.
There are some basic things that you can expect while in detention as a young person. You should be able to:
- be safe
- be treated with respect and dignity
- stay in touch with family
- get an education or learn work skills
- get medical help
- get help with thoughts and feelings (‘mental health’)
- get help to return to your community after leaving detention
- stay connected with your culture or religion
- have a say in what happens to you.
How should young people be treated in detention?
Young people must be treated well in detention and in a way that is appropriate.
Police and youth detention officers have to think about your human rights when they make decisions about you or do something that affects you and they have to act in your best interests. This means that they must:
- listen to you
- care for you
- protect you
- ensure your health needs are met.
Police and youth detention officers should take into account your views on matters that concern you. For example, you should be able to have your say on things like:
- what programs you are participating in
- who you want to visit you and contact them
- your health needs
- your education
- what you want to do when you get out
- what support you need.
Police and youth detention officers should not:
- detain you with adults
- keep you in the watchhouse for longer than is necessary (usually no more than a couple of days)
- separate you from other young people unless there is a good reason
- abuse you or unfairly punish you
- cut you off from visits and phone calls.
The experience of detention should not make your health worse.
If you break the rules at the detention centre, you might lose privileges like extra TV time, but detention officers should not punish you by:
- keeping you away from others (unless there is a good reason)
- not letting you attend programs (unless there is a good reason)
- not letting your practice your culture or religion (e.g., by going to a yarning circle)
- hurting you
- not letting you sleep
- not giving you enough food or water
- cutting you office from visits or phone calls
- restraining you or using force (unless absolutely necessary).
You should not be punished because of what other young people do.
Removal of clothing searches
There are some rules for searching a young person’s body.
You have the right to ask and understand why a search is happening.
There are some rules for searching your body:
- You will be partly clothed—either your top or bottom will be clothed while the other half is checked.
- The search should be done only in response to a specific threat to security and not just the general 'good order and security' of the detention centre.
- The search should happen out of sight of other people.
- It should be done as quickly as possible.
- If you are trans or have variations of sex characteristics, you have the right to request that a male or female officer searches you.
The need to maintain security does not override the need to consider your dignity, privacy or trauma history when deciding to search you.
Body cavity searches
Only a doctor or nurse can perform a body cavity search, and only if:
- there is a valid reason for it
- no less invasive options are available.
How can young people communicate with people on the outside?
Letters
You can send letters or get letters in the mail. Letters can only be read by staff if they think there is something in there that might create a safety risk.
Some mail cannot be read by staff at all, if it’s from:
- your lawyer
- a case worker
- the Office of the Public Guardian (community visitors)
- the Ombudsman.
Phone calls
You won’t be able to have your own phone, but you can make calls to family or friends on the detention centre phones.
Staff shouldn’t listen to your calls unless there is a good reason like keeping everyone safe.
If a staff member decides to listen to a young person’s call, they have to tell you and the person you are calling, before it starts.
Does a young person have a right to see their family?
You have a right to stay connected to your family while in detention. You can do this by:
- having visits
- sending letters
- making phone calls
- having video calls.
You generally have the right to refuse medical treatment unless you understand and agree to it.
Learn more about the right to privacy, right to freedom of expression, and right to culture.
Visitors and phone calls
The detention centre will need to approve visitors and phone contact, but it should not take too long.
If your family lives far away, you can ask for video calls. If your family cannot afford to come visit you, they might be able to get funding assistance through the Department of Youth Justice to travel to see you. They should contact your youth caseworker to learn more about how to get help to visit you.
Sickness and leave
If you become sick or have to go to hospital your family should be told about this right away. If someone in your close family becomes sick or dies, you should also be told right away.
You can ask to attend important family events like a funeral. This is called a ‘leave of absence’. There might be special rules that you must follow when you attend the event.
How can a young person practise their culture?
While in detention, you have the right to:
- enjoy your culture
- practise your and beliefs
- use your own language.
If you are an Aboriginal person and/or a Torres Strait Islander person, your cultural rights include:
- connecting with cultural and spiritual practices
- maintaining kinship ties (staying connected with their mob)
- speaking your own language
- making cultural art
- participating in yarning circles.
Example: An Aboriginal girl in the ACT was kept separate from others for two months. The girl used traditional art as a kind of therapy. Indigenous artwork and an Indigenous newsletter the Koori Mail were removed from her room. The girl complained to the government. The government said sorry to the girl. The government agreed to change how they treat other young Indigenous people in future.
Learn more about the right to culture and Aboriginal and Torres Strait Islander peoples’ rights to culture.
How can a young person practise their religion?
If you have a religion you should be free to practice it. This can include:
- Going to religious services or meetings with other people of the same faith
- Seeing religious or spiritual advisors
- Getting access to religious books
Young people also have the right to not take part in religious activities if they don’t want to.
Learn more about the right to freedom of thought, conscience, religion, and belief.
Do young people have a right to health?
You have a right to receive health services. When you need medical help, you should be able to see doctors, nurses, psychologists or specialists.
You should have access to the same standards of health care available in the wider community through the public health system.
Learn more about the right to health services.
Do young people have a right to education?
While in detention you have a right to access school. If you have already finished school, you may have the right to access vocational education (like TAFE courses) based on your abilities.
Education is important to help you prepare to return to your community. For example, it might help you get a job.
If you are finding it hard to learn at school or TAFE because you have a disability, the teachers should make reasonable adjustments to help you learn.
Reasonable adjustments means changing how things are done to help you learn.
- For young people who are deaf this might mean getting Auslan interpreters.
- For young people with learning disability, this might mean changing the way the lesson is taught or doing tests and exams in a different way.
Learn more about the right to education.
How can young people express themselves?
You have the right to:
- have your own opinions and to say them to other people
- seek and receive information (e.g., you can ask to see what is on your file)
- be connected to the outside world (e.g., writing and receiving letters and receiving visitors).
Learn more about the right to freedom of expression and right to privacy.
Can young people expect privacy in detention?
Your privacy should not be interfered with without good reason.
Bedroom cameras (CCTV) can record you and staff can view the recordings, but only where it is necessary. For example, where you have been at risk of hurting yourself or other people.
Staff might wear body cameras. The cameras should not record private conversations you have with lawyers or community visitors. Cameras should be turned off if they are pointing at where a young person is showering or using the toilet.
There should be privacy screens and shower curtains in the toilet or shower to protect your privacy.
Learn more about the right to privacy.
Right to equality
Under the Human Rights Act, you have the right to equal treatment while you are in detention.
What is discrimination?
While in detention, you must not be treated unfairly because of your race, sex, age, gender identity, religion, sexuality, disability or any other protected attribute. This is called discrimination.
Sometimes discrimination is allowed. For example, it may not be unlawful discrimination for youth detention staff to discriminate against you to protect your safety or to protect other children and staff.
Learn more about discrimination.
What is vilification
Vilification happens when someone says or does something in public, which may make other people hate or make fun of you because of your race, religion, gender identity, sexuality, or sex characteristics.
Learn more about vilification.
What is victimisation?
Victimisation happens when someone treats you badly because you plan to make or have made a complaint about discrimination, vilification or sexual harassment.
Learn more about victimisation.
What is sexual harassment?
You have the same right to be free from sexual harassment in detention as you do outside.
Sexual harassment happens when someone does something to a person that is sexual and makes them feel upset, embarrassed, or afraid.
Sexual harassment can include:
- unwelcome touching
- saying sexual things about you
- asking for or demanding sex
- asking questions about your private sexual life or body.
Learn more about sexual harassment.
Making a complaint
If you feel you have been treated poorly or unfairly in detention, you can make a complaint.