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Strip searches in children’s detention centres to end in Tasmania

The Tasmanian government has passed laws that will end routine strip searches of children in Tasmanian jails.

user iconAdrian Suljanovic 06 June 2022 The Bar
Tasmania
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The new Review of Youth Justice Amendment (Searches in Custody) Bill 2022 provides that children in detention centres should only be searched if it is strictly necessary and if deemed so, the search must be proportionate to the purpose.

Although a positive move, the Rockliff government is now urged to go even further and raise the age of criminal responsibility from 10 to 14 by the Tasmanian Aboriginal Legal Service and Human Rights Law Centre in order to reduce the number of children under incarceration altogether.

The “overly broad” laws in Tasmania permitted routine strip searches of children as young as 10, forcing them to regularly remove their clothes in front of adult prison guards.

The Human Rights Law Centre found that 203 strip searches were performed in a six-month period with no contraband ever being found. This has prompted calls for reform.

State Manager at the Tasmanian Aboriginal Legal Service, Hannah Phillips, referred to the strip searches as “degrading for everyone, particularly children,” and expressed that there are other methods of checking for contraband without inflicting harm.

“Strip searching is particularly distressing and damaging for victims of abuse and can compound trauma. A child should not be forced to deal with this, or raise it with someone in a position of authority in an environment like a prison,” said Ms Phillips.

Nick Espie, Legal Director at the Human Rights Law Centre, echoed Ms Phillips’ statement.

“Being forced to remove every last item of clothing, again and again, can be a traumatic and intimidating experience that can have detrimental effects on children and robs them of their dignity,” Mr Espie said.

He continued by stating that there is no evidence that routine strip searches are effective in identifying contraband, nor does it have a deterrent effect.

“Now Tasmania should lead the way and raise the minimum age of criminal responsibility from ten to at least 14 years old. Children should be in schools and playgrounds, with their families and in their communities, not locked up in jail cells.”

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