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Banksia Hill Inquiry - The Inspector of Custodial Services is to carry out a full investigation into all aspects of the incident

08/03/2013
Australia/Perth

The Banksia Hill Inquiry

The Corrective Services Minister has directed the Inspector of Custodial Services pursuant to section 17(2)(b) of the Inspector of Custodial Services Act 2003, to carry out a full investigation into all aspects of the incident that occurred at Banksia Hill Detention Centre on 20 January 2013 (the Incident).


Terms of Reference

The Inspector of Custodial Services is to carry out a full investigation into all aspects of the incident including:

• the context of the incident;
• facts of any contributing/causal factors;
• security and integrity of the cells;
• security systems and infrastructure;
• security practices and protocols for all staff;
• adequacy of crisis/emergency management planning and crisis/emergency management response;
• temporary housing of juvenile detainees at Hakea Prison; and
• to report to Parliament on the findings at the conclusion of the review.

In addition the Minister has also asked the Inspector to review staffing levels at the facility and report on the management of the incident and its impact on staff.

 

Conduct of Inquiry

The Office proposes to conduct a thorough, evidence-based inquiry into the Incident at Banksia Hill Detention Centre and the subsequent housing of juvenile detainees in units of the Hakea Prison.  In conducting its investigations, the Office will use a number of methodologies including, but not limited to: onsite inspections, interviews, analysis and examination of Department of Corrective Services’ records, and surveys and focus groups with both detainees and staff. In addition to the Office’s own resources expert consultants will be employed to provide specialist advice.  The Office will also seek written submissions from interested parties up to and including 8 March 2013 as well as seeking to facilitate other means for interested parties to provide information.


Background

Previous reports on the Banksia Hill and Rangeview Detention Centres are available from our website and include:

 Report No.  Title Date Published 
 76  Report of an Announced Inspection of Banksia Hill Juvenile Detention Centre 20 Mar 2012 
 74  Review of Regional Youth Custodial Transport Services in Western Australia  20 Oct 2011 
 69  Report of an Announced Inspection of Rangeview Remand Centre 15 Dec 2010 
 58  Report of an Announced Inspection of Banksia Hill Juvenile Detention Centre 16 Dec 2008 
 50  Report of an Announced Inspection of Rangeview Juvenile Remand Centre 03 Jun 2008 

 

Related Work

In addition to inquiries conducted as part of the Directed Review the Office will also conduct a separate Inspection of the girls’ precinct, programs and facilities at Banksia Hill under section 19 of the Inspector of Custodial Services Act 2003.

Submissions


The Office welcomes written submissions addressing one, multiple or all Terms of Reference of the Inquiry. Generally submissions will be made available on the website once they have been formally processed. Excluded from this list will be:

• confidential submissions;
• submissions dealing with information relating to current (or pending) matters before the courts; and
• submissions that may require further review to ensure that the Office does not encroach on the responsibilities of other investigatory agencies.

It should also be noted that it may take some time to complete the process. Submissions will be treated as public documents unless confidentiality is requested or the Office exercises its discretion.  Where confidentiality has been requested the Office will provide a public summary of the submission.

Submissions will close on 8th March 2013.


Who can make a submission?

All interested parties can make submissions to the Inquiry. This includes any organisation, community group or individual. All are encouraged to provide their input to the Inquiry in relation to its Terms of Reference.

 

What sort of submissions can be made?

Submissions should be in writing. However, where an individual is unable to provide a written submission they should contact the inquiry’s Administrative Support Officer  on 08 6551 4271 to discuss alternatives.

Terms of reference
Before preparing your submission, it is important that you read the Terms of Reference (see above) as your submission must be relevant to the Office’s inquiries. Your submission may address all or part of the terms of reference. You do not have to comment on every aspect of the Terms of Reference, nor are you confined to just one aspect.

While the Terms of Reference are intended to address issues relating to the incident that occurred on January 20, 2013 they also include the context and casual factors that may have led to the incident, as well as the treatment of detainees and the support to staff since the incident.

The Terms of Reference enable you to discuss any information you have about the incident, contributing issues leading up to the incident or issues relating to the post incident management of detainees and/or support given to staff.

Your submission can contain factual information, opinion or both. You may provide or emphasise solutions to issues you raise about Banksia. This is entirely your choice.

Your submission will be welcomed by the Office provided it is relevant, not frivolous or offensive in nature, and addresses the terms of reference.


What evidence can a submission include?

The Office is seeking information in relation to a number of themes.

These themes include:
• security;
• emergency management;
• staff;
• post-incident management of children; and
• community engagement

Please do not feel limited by these themes, however, they are there to assist you if you require it. Please feel free to tell us any information you want to share that is relevant to the Inquiry.


Submission format

There is no specific method for organising or presenting a submission. Your contribution can take the form of a letter, a short summary paper or a longer research document. You can include relevant data in appendices or incorporate them in the body of the text. It is important that the structure, argument and conclusions of your submission are clear.

You can send your submission in hard copy, or electronically.

Hard copy submission
If you send it in hard copy, a typed document on A4 paper is preferred. If this is not possible, a handwritten submission is acceptable. The submission should be posted to:

Banksia Hill Directed Review
Albert Facey House
Level 5
469 Wellington Street
PERTH WA 6000

Electronic submission
If you provide your submission electronically please email it to banksiahillinquiry@oics.wa.gov.au. If you are providing your submission as an attachment to your email the document should be saved in either .docx, .doc, .rtf, or .txt format.


Verification of your details

Please sign the submission. Sign on behalf of yourself, or on behalf of the organisation you are representing. If you are representing an organisation, please indicate your position in the organisation. If relevant, specify at what level the submission has been authorised. If you are sending your submission electronically, please provide your name, and relevant contact details (such as address or phone number).


Supplementary material

You may wish to support your submission with other forms of material, such as a video, photographs or objects. Please contact the inquiry’s Administrative Support Officer  on 08 6551 4271 if you plan to do this, so that appropriate arrangements can be made. This may involve material in your possession being loaned or donated to the Office. Any material borrowed by the Office will be returned on completion of the Inquiry.


Tone of submissions

Submissions form part of the Office’s research method and help inform the Office about matters relevant to the investigations. Most submissions will be made public by the Office via publication on the Office’s website. Therefore submissions should be relevant, not contain offensive language or remarks, and should not be vexatious. The Office can choose not to accept a submission if the Office feels it breaches any of these guidelines.  The Office may return any evidence that it considers irrelevant to its proceedings, offensive or possibly defamatory.


Protection of submissions

Section 53 of the Inspector of Custodial Services Act 2003 (the Act) provides that any document that is sent to the Inspector or the Inspector’s staff in the course of, or for the purposes of, the performance of a function of the Inspector; and was prepared specifically for the purposes of the performance of the function is privileged and is not admissible in evidence in any proceedings other than proceedings for perjury or for an offence under the Act alleged to have been committed in relation to the performance of the function.

Section 50 of the Act also makes it offence for anyone to try to stop you from making a submission by threats or intimidation, or to harass or discriminate against you because you have made a submission.


Confidentiality

If you wish to have your submission kept confidential, please say so clearly at the top of the submission or in a covering note, explaining why you want it to be kept confidential. If you want part of the submission to be confidential, please put that part on a separate page. The Office will respect requests for confidentiality, subject to the Office publicly providing a summary of the submission. If you have concerns about confidentiality, please discuss these with the inquiry’s Administrative Support Officer  on 08 6551 4271 before you make a submission. Please remember that all submissions are treated as public, unless otherwise requested.

Where to send submissions

Please send your submissions to the office before the 8th of March 2013.

Submissions can be provided in either hard copy or by email.

Electronic submissions should be sent to: banksiahillinquiry@oics.wa.gov.au

Hard copy submissions should be sent to:

Banksia Hill Directed Review
Albert Facey House
Level 5
469 Wellington Street
PERTH WA 6000

source: http://www.oics.wa.gov.au/go/banksia-hill-inquiry/banksia-hill-inquiry