A youth's rights in detention

Every youth has rights, including youths in detention.

When a youth arrives at the detention centre, we will give them information about their rights, in language that they can understand.

Right to be safe and well

Youth detention staff will keep a youth safe.

Youths will not be treated unfairly because of their:

• gender
• sexuality
• race
• religion
• disability

We will look after a youth’s physical and mental wellbeing. A youth will have access to health care services including:

• seeing a doctor or nurse when they need to
• mental health care (and transfer to a mental health facility if needed)
• help if they have problems with drugs and/or alcohol
• access to treatments for special health needs.

Right to be rehabilitated

While a youth is in detention, we will help them to address the issues that led to their offending behaviour. A youth will:

• take part in activities and programs that help with their rehabilitation
• have a say in decisions about their rehabilitation and other issues affecting them
• go to school or complete training to learn useful work skills

Right to practise their cultural and religious beliefs

A youth has the right to practise and take part in services that respect and promote their cultural background while they are in detention. This includes:

• cultural activities and celebrations
• seeing religious or spiritual advisers

Each detention centre has a dedicated cultural unit who can help youths connect to their culture, family and community.

Right to appropriate discipline

If a youth behaves inappropriately while in detention, we will deal with them in line with the rules of the centre. While a youth might lose privileges or complete extra chores, we will not discipline them by taking away their basic rights. We will protect and promote a youth's rights in all our decision making and interactions with them.

A youth will not:

• be punished unfairly
• have force or restraints used on them as punishment
• be separated from other youths as punishment – separation will only be used to keep a youth or others safe
• be searched without reason and appropriate approval

If a youth breaks the law while in detention, we may refer them to the police.

A youth will always be treated with respect and dignity. We also encourage a youth to treat others with the same respect and dignity.

Right to maintain relationships with family and other significant people

We will help a youth to maintain appropriate relationships and establish new relationships that will provide them support while in youth detention and when they return to their community.

A youth can have regular contact with their family and friends through visits, phone calls and mail.

Right to be heard

We will allow a youth to take part in planning processes and when possible have a say about what happens to them.

A youth has the right to complain about something that has or has not happened to them in the youth detention centre.

You can also complain about something that has or has not happened at the youth detention centre, on their behalf.

Further information

• Learn about the rules in detention centres.
• Find out more about daily life in detention.
• See how we care for youths in detention.