Page 360 - Week 02 - Thursday, 8 March 2007
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The legislative amendments in regard to searches of children and young people are to be commended for embracing human rights principles. We learned during the briefing that the government is looking at purchasing and using an X-ray machine by around August. That will relieve the need to conduct searches in the current intrusive manner. I look forward to the day when a child or young person does not have to suffer the indignity of stripping in front of an adult.
Until then, however, the undesirable practice of searches will continue. At least now they are legislatively required to embrace respect, dignity and the human rights of the young person. However, I remain concerned about the practice of “squat and cough” as a search procedure. During my briefing I was informed that the ACT government is seeking legal advice on this issue, and that it will be addressed in the searches standing order to be presented in the next few months. The practice has been condemned by the Human Rights Commissioner and many others; it appals me to see that it is still in practice. Let me quote from the human rights audit of Quamby:
It is … the policy of Quamby to routinely conduct a “squat and cough” procedure as part of every strip search …
The audit also says:
The use of the “squat and cough” procedure must be based on law (which it is not currently), and cannot be justified unless there is reasonable suspicion that items have been hidden … The lack of a lawful basis on which to order such searches and the lack of adequate justification in individual cases renders the routine use of such orders, even where a security risk might be indicated (e.g., visits etc), inconsistent with the prohibition on inhuman or degrading treatment under s.10 (1) (b), s. 19 (1) (humane treatment), and the prohibition on the unlawful or arbitrary interference with privacy under s.12 of the HR Act.
Our Human Rights Commissioner found over 18 months ago that the squat and cough procedure was being used unlawfully at Quamby and was in contravention of the human rights children and young people are entitled to. Yet it appears that the ACT government continues to condone this procedure. The Greens are not satisfied with the ACT government’s lack of action in response to this concern. We will continue to lobby on this issue until it is resolved and the situation changed.
As a result of my briefing, I am also concerned about searches conducted on children and young people that are the responsibility of the Attorney-General and the minister for police. It seems that until the Children and Young People Bill revisions are legislated, children and young people will continue to be subject to adult searches under the Crimes (Sentence Administration) Act 2005 and, if enacted, the provisions of the Corrections Management Bill 2006. It might not be until late 2007 or early 2008 that children and young people will actually be treated as children and young people by Corrective Services. We are still waiting for the day when the vulnerable status of children and young people in regard to searches is fully recognised.
It is also concerning that, despite the passing of any of these pieces of legislation, the AFP will continue to treat children and young people as adults, as the AFP will continue to operate under the Crimes Act 1900.
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