Juvenile detention in the Northern Territory is administered by Territory Families, since a departmental reorganisation following the Labor victory at the August 2016 Northern Territory general election. Juvenile detention is mostly operated through two facilities - the Alice Springs Juvenile Holding Centre in Alice Springs, and the Don Dale Juvenile Detention Centre in eastern Darwin. These had previously been administered by the Department of Correctional Services. A juvenile is a child between the age of 10 and 17.

The Northern Territory, as of June 2015, had a juvenile detention rate of 16.7 per 100,000 people – the highest of Australia's states and territories. A report released by the Australian Institute of Health and Welfare in April 2016 showed that in 2014–15 of a national total of 900 juveniles in detention on an average day, 41 were in detention in the Northern Territory. However, in terms of incarceration rates, the Northern Territory overwhelmingly had the highest rate of juveniles in detention of any state or territory. It detained 15.6 in every 10,000 children of that age on an average day. Western Australia had the next-highest rate at 6.1 children detained, while Victoria had the lowest at 1.5.

Juvenile detention in the Northern Territory

The juvenile detention system was the subject of the Royal Commission into Juvenile Detention in the Northern Territory established by Prime Minister of Australia Malcolm Turnbull on 28 July 2016, following the broadcast of the Four Corners episode "Australia's Shame", which highlighted the abuse of children in the system. The final report for the Royal Commission was tabled to the Australian Parliament on 17 November 2017.

Juvenile detention in the Northern Territory

History

Early juvenile detention systems

A system of criminal punishment for minors had existed in the Northern Territory since the territory's establishment in 1911. Historically, juvenile detention systems operated in the area of Northern Territory as early as settlement in the early 1860s, when the area was in control of the colony of New South Wales and shortly before control of the territory was handed over to South Australia.

Juvenile detention in the Northern Territory

20th century

Prior to 1970, it was common for juvenile offenders to be transferred to South Australia, due to the lack of available facilities in the Territory. Essington House was established in Darwin in the late 1960s, and was the first and only holding and remand facility for juveniles. However, in their report in 1973, Hawkins and Misner called for the establishment of a juvenile remand centre, and noted that juveniles could be held in gaol for up to a week before being transferred to Essington House. In the 1970s, incarcerated youths were sent to adult prisons such as Fannie Bay Gaol. Fannie Bay Gaol operated between from 1883 to 1979, initially housing male and female prisoners, including juveniles. Juveniles were not permitted to associate with adult prisoners and accordingly, they were not permitted to participate in work or education programs. The Report from the Select Committee Appointed to Inquire into Prisons and Prison Legislation (the Ward Report) recommended, inter alia, that alternatives to juvenile incarceration should be investigated. The Ward Report described the treatment of juvenile offenders as a matter of grave concern:

that they should have to be sent to such prisons as those at Fannie Bay and Alice Springs because of the lack of other facilities is a public disgrace. Suitable alternatives should be provided without delay.

Fannie Bay Gaol closed in 1979 and was replaced by the new Berrimah Prison.

In 1984, the Northern Territory Juvenile Justice Act was passed, which defined juveniles to be persons aged 17 and under, and also officially established a Juvenile Court and a Juvenile Justice Review Committee. The Giles House, located in Alice Springs, was opened as the Northern Territory's first juvenile detention center in 1984, implemented with a focus on "providing detainees with life skills and education, thereby ensuring young offenders were not put in prisons; that they did not come under the influence of hardened criminals and that they did not, after being released, follow a life of crime."