A youth advocate says conditions for children in police watch houses have not improved several years after three teenage boys had their human rights breached while being held on remand in Cairns.
The Queensland Civil and Administrative Tribunal (QCAT) has published findings relating to three teenage boys, aged between 13 and 17 at the time, who were held at the Cairns watch house for periods of several days in 2021 and 2022.
Youth Advocacy Centre chief executive Katherine Hayes said the conditions that led to those findings had still not improved.
“The four detention centres in Queensland … are all operating beyond safe capacity at the moment,” she said.
Katherine Hayes says conditions in watch houses have not improved in three years. (ABC News: Conor Byrne)
QCAT found the children had been held in cells with limited privacy and had to use the toilet in front of others.
One of two padded cells in the Cairns Watch House. (Queensland Ombudsman: Cairns watch‑house inspection report)
It found one child’s detention in a padded cell for over an hour was “not compatible” with his human rights.
It also accepted they had a lack of education materials, limited access to an exercise yard and less-than-daily changes of clothing.
The findings also stated the detention cells were unhygienic and had no windows or natural light, and the children were held too close to adult detainees.
However, QCAT dismissed the applicants’ claims of indirect discrimination.
It ordered the state to issue apologies to the applicants.
The exit of the Cairns watch house, between the courthouse and the police station, is the only public-facing part of the building. (
ABC News: Sharnie Kim
)
Ms Hayes said the findings were “unsurprising” and the conditions were “replicated” across Queensland watch houses daily.
She said advocates were able to confirm the conditions, including that children were put in cells together during busy periods, because a Cairns-based worker checked on youth held at the watch house each day.
Children’s mental health declined “quite quickly” after spending days in watch houses, she said.
“They … do go on to commit more crimes after they’re mistreated like this,” Ms Hayes said.
The exercise yard of the Cairns watch house is used by adults and children separately, and was found to be “oppressively hot, with little shade” by the ombudsman in its 2024 report. (Queensland Ombudsman: Cairns watch‑house inspection report)
Tougher bail concerning
Ms Hayes said the state’s proposed new youth bail laws would likely lead to more children in a detention system that “isn’t ready to take on more kids”.
“They won’t receive rehabilitation and they will commit more crimes when they’re released,” she said.
Ms Hayes said many children in the youth justice system experienced violence at home, significant mental health challenges, neurodivergence or developmental delays such as fetal alcohol spectrum disorders.
A judgment has found that conditions in the boys’ unit at the Cairns watch house have not changed in years. These images were taken from a 2024 report. (Supplied: Queensland Ombudsman)
“These kids who are committing these crimes tend to have a lack of impulse control, a lack of emotional regulation,” she said.
“They [the community] say that if the kids don’t want to be mistreated in a watch house, they shouldn’t do the crime.
“But I think it’s more complex than that.”
Shane Prior says police are not to blame for the conditions of the cells. (ABC News: Mark Leonardi)
Watch houses unsuitable for kids
Queensland Police Union president Shane Prior said significant government investment was needed to address overcrowding in “disgusting” police watch houses.
“These are not hotel rooms and they are not youth detention centres,” he said.
“They are ugly and they are unpleasant [but] … police haven’t created these unpleasant conditions.
“Police remove hazards and manage some challenging behaviour from those in custody but the reality is some of these juveniles damage the facilities and then complain about the facilities they’ve just damaged as well.
“This is not a movie. This is real life, this happens every day.”
Mr Prior said police emailed the Department of Youth Justice every eight hours, “reminding them they have juveniles in custody and requesting their staff collect them without delay”.
He said 11 young people were held at the Cairns watch house on a single day this week, including one who had been there for 13 days.
“By any measure, that is unacceptable, so who from the Department of Justice is allowing that to happen in the first place?” he said.
Dan Purdie says his government is investing in police. (ABC News: Luke Bowden)
A Queensland Police Service (QPS) spokesperson said it was “currently considering” QCAT’s decision.
“The QPS remains committed to meeting its obligations under the Human Rights Act and to the safe and lawful management of all persons held in custody,” they said.
In a statement, Police Minister Dan Purdie said the government had delivered a $16 million investment into police and a full system overhaul since being elected.
The Department of Youth Justice was also contacted for comment.
