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(QLD) Ban Solitary Confinement and Isolation in Youth Detention Facilities
- Ananya Awasthi
- May 20
- 6 min read
Author: Ananya Awasthi | Publish date: 20/05/2025
Problem Identification:
In QLD, children in youth detention can experience separation and solitary confinement as part of isolation practices.
Under section 21 of the Youth Justice Regulation 2016 (QLD), youth detention centres are permitted to separate a child from others for ‘good order or safety’, without clear limits or external oversight.
This means children in youth detention in QLD may be subjected to separation or solitary confinement. This is known to cause severe psychological harm, with effects comparable to ‘physical torture.’ Furthermore, this has been reported to disproportionately impact those already at risk due to trauma, systemic disadvantage and neurodevelopmental differences.
Context:
Under QLD law, ‘youth’ is defined as someone aged from 10 to 17. Australia is a signatory to the Convention on the Rights of the Child (CRC) which has recognised that children are developmentally different from adults and require specific protections.
Separation and solitary confinement refer to two types of isolation practices. Separation refers to isolating a person in a locked room and solitary confinement refers to the practice of isolating a person in a cell for 22 hours or more each day without meaningful human interaction.
Helen Blaber and Professor Tamara Walsh noted that, ‘whilst the term ‘solitary confinement’ is generally not used in Australian legislation, many Australian prisoners are reported to be subjected to these conditions.’ Isolation practices are known to be frequently used punitively or for operational purposes in QLD, rather than for therapeutic or safety reasons.
A report by the University of Queensland has identified that solitary confinement breaches ‘human rights including the right to humane treatment whilst in detention, and the right to be free from inhumane and degrading treatment.’ The United Nations expert on torture found that using solitary confinement for children or people with mental disabilities, even for a short time, ‘constitutes cruel, inhuman or degrading treatment’.
Solitary confinement has been consistently linked to severe psychological harm. In the United States, the Bureau of Justice Statistics reported that approximately 25–35% of incarcerated individuals who only spent one day in solitary confinement exhibited signs of ‘serious psychological distress.’ Experts like Dr. Sharon Shalev have connected solitary confinement to anxiety, depression, paranoia, hallucinations, self-harm, and cognitive decline, while Dr. Craig Haney has noted that a lack of social interaction can contribute to suicidal thoughts. In Australia, the 1991 Royal Commission described solitary confinement as causing ‘“extreme anxiety”’, with particularly damaging impacts on Aboriginal and Torres Strait Islander prisoners, who are already at risk of disconnection from family and community.
More recently, the QLD Child Death Review Board’s 2023 Annual Report found that 2 young males who died after time in youth detention had endured extended periods of separation, which significantly affected their wellbeing during the year prior to their deaths. The TAS Commissioner for Children stated that the therapeutic approach to youth justice was ‘more effective in reducing recidivism rates than a punitive or control approach’. As an alternative to isolation practices, therapeutic approaches can include restorative justice, skill-building programs, counselling, mentoring, and cognitive-behavioural interventions. The Commissioner also noted that these methods, consistent with trauma-informed care, have led to better outcomes than punitive practices.
The Australian Human Rights Commission (AHRC) has called for a ban on solitary confinement and isolation, recommending that ‘Australian Governments legislate to prohibit solitary confinement practices in child detention facilities, and prohibit the use of isolation as punishment in any circumstance.’ They say this could ensure a stronger focus on rehabilitation and community safety, aligning the youth justice system with children's rights and long-term wellbeing.
There is international precedent for this reform. Jurisdictions in the USA, such as California, have passed laws to end youth solitary confinement and now cite improved rehabilitative outcomes.
Solution Identification:
Amend section 21 of the Youth Justice Regulation 2016 (QLD) to explicitly prohibit solitary confinement and punitive isolation in youth detention.
This could help to bring QLD into compliance with international child rights law by ensuring detention practices prioritise the well-being, rehabilitation, and dignity of children.
Advice:
The QLD Attorney-General should amend the Youth Justice Regulation 2016 (QLD) to prohibit solitary confinement and punitive isolation of children, as specified above, at the next opportunity.
Public Support:
Where to go to learn more:
University of Queensland & Prisoner’s Legal Service (2020) - Offers in-depth analysis of legal gaps surrounding solitary confinement in Queensland. Read the full report.
Queensland Ombudsman: Cleveland Youth Detention Centre Inspection Report (2024) - Reviews Solitary Confinement within the broader context of children’s rights in Australia. Read here.
Australian Human Rights Commission (2019) - Highlights the harmful use of solitary confinement in youth detention and calls for its prohibition to uphold international child rights standards. Report.
Centre for Excellence in Child and Family Welfare (2023) - Help Way Earlier! How Australia Can Transform Child Justice. Report.
Children’s Legal Rights Journal - Ending 'Solitary Confinement' of Youth in California. Article.
Youth Justice Act 1992 (Qld) - Read the full Act here.
Human Perspective:
TW: Mentions of suicide and self-harm
Jarli, a young Indigenous boy, was known in his community as an active, fun-loving 14-year-old with a sharp laugh and boundless energy. However, at just 14 years old, Jarli was placed in solitary confinement for up to 22 hours per day over 65 days at a youth detention centre in QLD. This isolation followed a minor incident that involved some miscommunication. Jarli was confined to a small cell without meaningful human interaction or access to outdoor space. He began experiencing severe psychological distress, including associated anxiety and insomnia. The Children's Court later found Jarli’s treatment inappropriate and in breach of youth justice laws, with no rehabilitative benefit. If the Youth Justice Regulation 2016 (Qld) were amended to prohibit solitary confinement, children like Jarli could be protected from such practices. Instead of isolation, supportive measures such as counselling, restorative conflict resolution, and culturally responsive care could offer safer and more constructive alternatives.
To protect the anonymity of those involved, this is a fictionalised account drawn from an amalgamation of real-life stories, experiences, and testimonials gathered during the research process for this brief. Any resemblance to actual individuals is purely coincidental.
Conflict of interest/acknowledgment statement:
N/a.
Support
If your organisation would like to add your support to this paper or suggest amendments, please email Info@foreaustralia.com.
Reference list:
Alothman, D., Lewis, S., Card, T., Tyrrell, E., & Fogarty, A. W. (2024). The association between living alone, loneliness and suicide mortality and effect modification by age: A case–control study. Journal of Affective Disorders, 352, 278–280. https://doi.org/10.1016/j.jad.2024.02.047
American Psychological Association. (2014). Craig Haney, PhD – Social Psychologist. Retrieved May 19, 2025, from https://www.apa.org/education-career/guide/paths/craig-haney
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Australian Human Rights Commission. (2023, October 10). Submission to the Senate inquiry into Australia's youth justice and incarceration system. Retrieved May 19, 2025, from https://humanrights.gov.au/sites/default/files/AHRCSubmissiontoSenateinquiryintoAustralia27syouthjusticeandincarcerationsystem_0.pdf
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