Recommendation 44
Recommendation 44 calls for the implementation of the UN Standard Minimum Rules for the Treatment of Prisoners in relation to the use of solitary confinement at all Victorian prisons and youth justice centres, and the provision of adequate funding and operations to end the locking down of prisoners for prolonged periods for administrative or management reasons.
Confirming existing policy and practise, the Youth Justice Act 2024 introduces an express prohibition on the use of solitary confinement for young people in Youth Justice centres. The Youth Justice Act also introduces a range of improvements to the isolations framework. This will provide clearer guidance and parameters for the authorisation of isolations as a last resort when all other reasonably practicable alternative measures have been attempted, as well as enhanced safeguards such as legislated rights when in isolation, including time outside and a legislated requirement to publish data every three months.
In adult corrections (Corrections Victoria), the term ‘separation’ is used to describe the practice of separating people in prison from others where there is a safety, protection or welfare need, or where required to manage the good order and security of the prison.
Corrections Victoria is undertaking work to further strengthen the approach to separations across the adult custodial corrections system. This is being progressed through the Safer Separations Project, the objectives of which closely align with the Mandela Rules (the 2015 United Nations Standard Minimum Rules for the Treatment of Prisoners). Some key focus areas of the project are strengthening the authorisation framework that guides separation decisions and improving data collection about separations across Victoria’s adult prisons.
Progress to date and next steps
The Youth Justice Act 2024 represents a significant step in the implementation of recommendation 44. The Aboriginal Justice Caucus worked closely with the Victorian Government on the Youth Justice Act 2024 and was instrumental in shaping key aspects designed to improve outcomes for Aboriginal children and young people.
DJCS’s Youth Justice is currently updating its policy and procedural guidance for custodial staff regarding the use of isolation. The Operating Policy prohibits the use of solitary confinement and clearly outlines when isolation can be used and who is delegated to authorise it. The updated policy will provide staff clear direction on the need to provide meaningful human contact for any young person isolated.
In the adult corrections system, Corrections Victoria implemented a new operating model in the close support and supervision precinct at the Dame Phyllis Frost Centre in 2023, as part of the Safer Separations Project. A rapid review of this model was completed in June 2024, the findings of which will inform the remainder of the project. As noted above, the project is currently focused on improving data collection and reporting tools to ensure appropriate monitoring and oversight of separations on an ongoing basis. Over the next 12 months, the project will focus on improving initial separation decisions in the men’s medium security prisons and embedding good separation practices at Western Plains Correctional Centre.
Governance arrangements and stakeholder consultation
Under the Aboriginal Justice Agreement, DJCS engages with the Aboriginal Justice Caucus on the design and implementation of policies and legislation that will impact Aboriginal communities. DJCS will engage with the Aboriginal Justice Caucus, including through the relevant AJA4 Collaborative Working Group, in progressing further action on this recommendation. Corrections Victoria is also developing a governance model that engages external oversight and monitoring of the use of separation when required.
Updated