Human rights complaints by children in detention

This information is about human rights complaints involving children in detention.

In some circumstances, human rights obligations don’t apply to children in detention. This includes places such as watch houses that are declared to be detention centres after 23 August 2023.

However, obligations under the Anti-Discrimination Act 1991 continue to apply to the treatment of children in detention, regardless of whether they are in a declared detention centre and whether the place became a detention centre after 23 August 2023.

Complaints that the Commission can deal with

conditions of detention in a watch house (before a regulation has declared the watch house as a detention centre)
treatment of a child during transport to a detention centre and the nature of the transport
acts and decisions that affect a child detained in a place that became a detention centre after 23 August 2023, if the act or decision is NOT reasonably necessary for the administration of the Youth Justice Act 1992 (for example, mistreatment of a child in the detention centre)
In deciding whether to accept a human rights complaint in this category, the Commission’s general approach is that the entity that did the act or made the decision is responsible for establishing that it was reasonably necessary for the administration of the Youth Justice Act 1992.
conditions of detention in the Brisbane Youth Detention Centre, the Cleveland Youth Detention Centre, or the West Moreton Youth Detention Centre.
complaints of discrimination and other conduct that is unlawful under the Anti-Discrimination Act 1991 (for example: sexual harassment, victimisation) in managing, running, supervising, or administering a place of detention, including a watch house or police holding cell. This includes in places that are declared to be places of detention from 23 August 2023.

Complaints that the Commission cannot deal with

decisions affecting the length of time that a child is detained in a watch house after 23 August 2023
decisions to transfer a child in custody to another watch house or other specified place (for example, a holding cell at a police station)
acts and decisions that affect a child detained in a place that became a detention centre after 23 August 2023, if the act or decision is reasonably necessary for the administration of the Youth Justice Act 1992.
In deciding whether to accept a human rights complaint in this category, the Commission’s general approach is that the entity that did the act or made the decision is responsible for establishing that it was reasonably necessary for the administration of the Youth Justice Act 1992.

Piggy-back complaints

A person won’t be able to add (piggy-back) a human rights complaint to a complaint under the Anti-Discrimination Act 1991 (for example: discrimination, sexual harassment, victimisation) in relation to a place that became a detention centre after 23 August 2023.

Human rights will still be able to be piggy-backed on a complaint under the Anti-Discrimination Act 1991 (for example: discrimination, sexual harassment, victimisation) in relation to the Brisbane Youth Detention Centre, the Cleveland Youth Detention Centre, or the West Moreton Youth Detention Centre.