Youths' rights in detention
Part of the Youth detention topic
Understand the rights young people have while in detention.
On this page
In short
Young people 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 youth in detention safe.
Youth in detention will not be treated unfairly because of their:
- gender
- sexuality
- race
- religion
- disability.
Youth in detention can access services for their physical and mental wellbeing.
Youth 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
Youth will be helped to address the issues that led to their offending behaviour.
They 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 practice their cultural or religious beliefs
Youth in detention have 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 young people connect to their culture, family and community.
Right to appropriate discipline
Youth in detention must follow rules. If they behave badly, 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 youth break the law while in detention they may be referred to the police.
Right to visitation
Youth in detention have 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
Youth 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. They also have 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.