Incident footage and investigation recommendations

The youth detention review made 83 recommendations. These were sorted into work programs for implementation.

Our objectives

Sufficient evidence will be available to support accountable investigation processes to protect young people and staff.

Complaints processes will be transparent, independent and responsive to young people's concerns.

We will provide support to young people throughout the complaints process.

The way forward

To achieve this we will:

introduce body-worn cameras to improve audio and visual camera coverage
establish an appropriate balance between respecting young people's privacy and dignity with the need for camera surveillance to support centre safety and security
strengthen complains management processes
work with staff to further establish a culture that responds to young people's concerns.

Recommendations

Recommendation 27 (status: complete)

The Review recommends that the Manager, Monitoring and Compliance should review the CCTV footage of all incidents that this chapter recommends should be taken and retained (10.R1)

Our practice support managers review a considerable number of incidents to identify issues. This forms part of a wider review process involving a number of youth detention management positions.

We reviewed our CCTV and incident reporting requirements to streamline and clarify requirements.

Recommendation 28 (status: complete)

The Review recommends that security cameras should be placed in all areas where incidents involving use of force, violence, restraints or separation are known to have occurred. (10.R2)

Cleveland Youth Detention Centre has extensive CCTV coverage. This includes areas where incidents are more likely to happen. The Brisbane Youth Detention Centre security upgrade has been finalised, including a significant increase to CCTV.

Body worn cameras (BWCs) are now used in both centres. BWCs are a cost effective option to ensure improved audio and visual record of incidents.

The Youth Justice Act 1992 was amended to authorise the use of BWCs in youth detention centre for prescribed purposes. We developed guidelines after extensive consultation. They outline an overview of the changes made to policies and procedures. The BWC operational guidelines cover key topics including:

privacy
use, carriage, storage and recording
purpose, review and referral of footage.

Staff completed face-to-face and online training about BWCs.

Recommendation 29 (status: complete)

The Review recommends that CCTV should be utilised in a way that ensures that all relevant information is captured and retained to:

facilitate the investigation of incidents without delay
and
without unduly impacting on the mental health or personal privacy of young people. (10.R3)

Youth Justice established a new policy that considers the privacy and mental health impacts of CCTV. New processes and protections are now operational.

Recommendation 30 (status: complete)

The Review recommends that CCTV footage should be retained in relation to all incidents including:

a use of force response that is classified as a level 2 to 4 PAC response
a medical emergency
where harm has occurred to a young person, staff or another person
where property has been significantly damaged or where a criminal charge against the young person is contemplated
a period of separation occurring immediately after an incident
1. the first 2 hours of the separation period should be retained; or
2. the whole period of separation if the young person is released before the 2 hour period ends. (10.R4)

We reviewed our CCTV and incident reporting requirements. This streamlined and clarified CCTV monitoring and download requirements.

The use of body worn cameras and the BYDC security upgrade also increased coverage.

CCTV footage is downloaded through multiple avenues. Most footage is kept indefinitely.

Recommendation 31 (status: complete)

The Review recommends that the CCTV footage should be retained:

for 3 years after a young person turns 18 or dies (whichever happens first) and is therefore no longer able to bring an action for personal injury within the meaning of the Limitations of Actions Act 1974
otherwise until any investigation is finalised and any applicable appeal time limit period has passed. (10.R5)

See recommendation 30.

Recommendation 32 (status: complete)

The Review recommends that the Youth Justice Act 1992 should be amended in order to implement the requirement to retain CCTV footage in line with the above recommended timeframes. (10.R6)

See recommendation 30. We consider this can be achieved under existing reporting requirements outlined in the Youth Justice Act 1992 and Youth Justice Regulation 2016.

We updated relevant policies and procedures, and processes are now operational.

Recommendation 51 (status: complete)

The Review recommends that ESU investigations of alleged staff misconduct by young people should include, where possible, an interview with the complainant in the company of a complainant's preferred support person. (16.R1)

The Ethical standards unit follows this practice where possible. If the young person has been released from custody and does not respond to a request for interview, the unit can only use the available evidence to conduct its investigation.

Recommendation 53 (status: complete)

The Review recommends that staff who are not directly involved in the management of an incident but may be required to remain should ensure they are not obscuring CCTV cameras and the occurring incident. (16.R3)

Youth Justice considers that as far as practicable this should be the case. However, incidents are often unpredictable. The safety of young people and staff are paramount in any incident response. This includes staff positioning around the perimeter of an incident.

The introduction of body worn cameras and security upgrade at BYDC has helped with incident-related footage.

Recommendation 54 (status: complete)

The Review recommends that the Inspectorate should consider including an ongoing record of all complaints made by young people at every inspection in order to consider whether or not a youth detention centre is appropriately handling, recording and resolving complaints lodged by young people. (16.R4)

Robust complaints records are currently kept on DCOIS. DCOIS is accessible by the inspectorate. A separate record-keeping system is not required.

We reviewed our youth detention complaints processes to make sure they are:

child-friendly
culturally safe
immediately responsive to safety and wellbeing concerns.

We support any review and oversight efforts to ensure that the complaints management system is accountable and transparent. We will continue to work with the inspectorate and action any future findings or recommendations about complaints.

Recommendation 55 (status: complete)

The Review recommends that appropriate and operationally effective measures to restrict contact between a staff member and a young person should be taken immediately following a complaint by the young person. (16.R5)

Existing policy requires this to be considered and actioned as much as possible, noting operational factors.

We reviewed the youth detention complaints management policies and procedures to strengthen and clarify record-keeping requirements. We introduced new practices to ensure complaints processes are:

child-friendly
culturally safe
immediately respond to safety and wellbeing concerns.

Recommendation 56 (status: complete)

The Review recommends that accurate records of measures taken to separate staff and young people as part of a complaints management process should be kept by the youth detention centre. (16.R6)

Existing policy requires that actions taken in response to complaints (including steps taken to preserve the integrity of the investigation process and ensure the safety and wellbeing of a young person during an investigation process) must be recorded.

We reviewed the youth detention complaints management policies and procedures to strengthen and clarify record-keeping requirements. We introduced new practices to ensure complaints processes are:

child-friendly
culturally safe
immediately respond to safety and wellbeing concerns.

Recommendation 57 (status: complete)

The Review recommends that ESU should identify an expected end date for an investigation and provide details of the expected end date to the young person at the commencement of the investigation into the young person's complaint. (16.R7)

Youth detention staff will ensure advice about investigation timeframes is provided to young people.

Recommendation 58 (status: complete)

The Review recommends that the review right, if any available to a young person should be included in any outcome letter to the young person, and these rights should be additionally explained to the young person by their caseworker or appropriate staff member. (16.R8)

Existing policy requires us to explain options for review to young people when we provide outcome advice. We also keep a record of this advice.