Rights of youth in detention

Part of the Youth detention topic

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In short

Youth in detention have the right to be safe and well. They have the right to rehabilitation and appropriate discipline. They also have the right to practice their culture and religion and be visited by important people in their life.

Right to be safe and well

Youth detention staff help keep your child safe in detention.

Your child will not be treated unfairly because of their:

• gender
• sexuality
• race
• religion
• disability.

They can access services for their physical and mental wellbeing.

They have the right to:

• see 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 alcohol
• access to treatments for special health needs.

Right to be rehabilitated

Your child will be helped to address the issues that led to their offending behaviour.

They will:

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

Right to practice their cultural or religious beliefs

Your child has the right to practice and take part in services that respect and promote their cultural background while they’re in detention. This includes:

• cultural activities and celebrations
• seeing religious or spiritual advisors.

Each detention centre has dedicated cultural staff who can help youth connect to their culture, family and community.

Right to appropriate discipline

Your child must follow the rules in the detention centre. If they misbehave, they still have the right to fair discipline and to be treated with respect and dignity. Discipline will not include taking away their basic rights.

They will not:

• be punished unfairly
• have force or restraints used on them unless necessary, and never to punish them
• be separated from other youth as punishment—separation will only be used to keep them or others safe
• be searched without a reason and appropriate approval.

If your child breaks the law while in detention they may be referred to the police.

Right to visitation

Your child has the right to maintain appropriate relationships and establish new ones that will give them support while they are in youth detention and when they return to their community

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

Right to make a complaint

Youth in detention have the right to have a say about what happens to them, as much as possible. Your child has the right to make a complaint about something that has or has not happened to them in youth detention.

Family and friends of youth in detention can also make a complaint.

See Make a complaint about a youth detention centre.