(QLD) Mandate Watch Houses as a Last Resort for Child Detention
- Namali Jayasinghe & Meaghan Kearney
- Jul 9
- 9 min read
Author: Namali Jayasinghe & Meaghan Kearney | Publish date: 9/7/2026
Content Warning: People are advised that this brief contains information relating to self-harm.
P: In QLD, children can be detained in police watch-houses indefinitely and without detention being used as a last resort.
S: The QLD Minister for Youth Justice should amend section 56 of the Youth Justice Act 1992 (QLD) to limit the detention of children in police watch-houses to only be used as a last resort and for the minimum time possible.
E: QLD Ombudsman: ‘Children should only be detained in a watch house as a last resort and for the minimum time possible. Children should be admitted to a more suitable facility as soon as possible’.
Problem Identification:
Section 56 of the Youth Justice Act 1992 (QLD) (the Act) is applied when the ‘court remands a child in custody’ and ‘the child does not remain the prisoner of the court’. The Act gives the QLD Police Service (QPS) jurisdiction to hold children at watch-houses while ‘pending appearance before a court.’ Further, in sentencing under section 150, a court must not consider ‘detention’ to ‘be imposed as a last resort’.
According to the QLD Child Rights Report 2025 (QCRR), there is a ‘worsening increase in the number of children being held in QLD watch-houses for extended periods.’ They further stated that the Act has ‘disproportionately impacted First Nations children’ who are ‘already over-represented in detention.’
Context:
QLD has 63 functional watch-houses, all operated by the QPS. According to the 2025 QPS Watch-House Review (QPS Review), police watch-houses are a ‘temporary holding facility for people who have been arrested and are being processed, or are awaiting transfer to a youth detention centre’. For example, on 5 January 2024, the Cairns watch-house held 11 children awaiting admission to the Cleveland Youth Detention Centre.
According to The QPS Review, amendments passed in 2023 and 2024 have ‘significantly impacted’ the length of time that children are spending in watch-houses. They further stated that children average ‘161 hours’ in watch-houses compared to adults who average ‘118 hours’.
Arguments:
The QLD Family and Child Principal Commissioner, Luke Twyford, stated that watch-houses ‘are not appropriate places to hold children, potentially exposing them to violent and antisocial adult behaviour’. The Inspector of Detention Services, Office of the QLD Ombudsman, Cairns and Murgon Watch-Houses Inspection Report (2024) noted that the detention of children in watch-houses creates ‘a risk of harm’, considering that ‘children cannot be completely separated from adults’. A 2019 Youth Advocacy Centre (YAC) report outlined that there are ‘no facilities for education or other pro social activities so children spend all day in a cell’. The QPS Review further stated that these conditions can cause children to have ‘heightened anxiety, distress and an increased risk of self-harm.’
The QCRR uncovered that ‘watch-houses, designed for overnight use, are now routinely functioning as long-term holding environments’. They found that ‘short stays have declined’ and ‘stays of more than a week have risen’. The QCRR further raised concerns that the ‘extended periods’ children spend in facilities ‘is linked to increased risk of … trauma and behavioural issues.’
According to QLD Aboriginal and Torres Strait Islander Child Protection Peak, the ‘ongoing detention of Aboriginal and Torres Strait Islander children … in harmful environments like adult watch-houses … threatens their rights to … maintaining cultural connections’. The QCRR reported that 59.2% of children ‘held in … a watch-house’ between 2023-2024 were First Nation peoples.
Some actors have defended amendments to the Act, claiming the placement of ‘young criminals’ in watch-houses meets public demand for ‘community safety’ until more detention centres are built. However, the YAC has stated that a ‘tough on crime’ approach ‘is ineffective at reducing recidivism’ and that this compromises community safety in the ‘medium to long-term’. Moreover, YAC reported that ‘cognitive behavioural programs and “Risk-Need-Responsivity appropriate” interventions’ are most effective at reducing reoffending in youth, compared to ‘punitive approaches’. The QCRR found that watch-house incarceration ‘reduce[s] access to community-based alternatives.’
The QCCR concluded that ‘these trends reflect systemic failures’ that ‘fundamentally breach children’s rights and contradict all international standards relating to detention.’
Advice/Solution Identification:
The QLD Ombudsman, QLD Human Rights Commission and the QLD Family and Child Commission (QFCC) have agreed that the detention of children in watch-houses should only be used as a last resort and for the minimum time possible. The QFCC recommended expanding ‘community-led diversion’ from detention, which would ‘identify the drivers of offending and design culturally informed responses that strengthen safety, resilience and wellbeing.’
Precedent:
If QLD were to enact this reform, it would be a nation-leading precedent to the best of the author’s knowledge.
Public Support:
Broad Support
(2015) Report of the UN Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment - Recommended ‘that children not be detained in law enforcement establishments for more than 24 hours, and only in child-friendly environments.’
(2024) Sisters Inside - Broadly supported limiting the practice of putting children in watch-houses. They ‘recommend the implementation of community-based alternatives to imprisonment’ as they are advocates for the ‘end [to] criminalisation and incarceration of children’.
This list reflects publicly stated positions and should not necessarily be taken as endorsement of this specific brief.
News Coverage:
ABC News - “Children still being held in Queensland watch houses 'greatest regret' for outgoing human rights commissioner”. The article discussed Scott McDougall’s sentiments about children still being held in watch-houses and his disapproval of the QLD government’s decision to override the Human Rights Act. By: Kate McKenna | 07 October 2025 - Read the article here.
ABC News - “Queensland government refuses to set limit on time spent in watch houses by children despite LNP promise in opposition”. The article examined the Police Minister’s refusal to set time limits on children in watch-houses, the findings of the QPS report, and the QLD government’s agreement with all other recommendations. By: Alex Brewster | 18 July 2025 - Read the article here.
The Guardian - “Sick and suicidal children held in Queensland police watch houses for weeks without healthcare, watchdog reveals”. The article outlined the poor conditions in police watch-houses as discussed in the QPS review. By: Ben Smee | 11 September 2024 - Read the article here.
The Guardian - “‘Harrowing footage’ sparks calls for Queensland government to remove children from police watch houses”. The article reported on the reactions to videos released from an investigation into police watch-houses, showing children struggling in isolation cells and in overcrowded conditions. By: Ben Smee | 19 July 2024 - Read the article here.
ABC News - “The Watch House Files: Detention centres full, children locked in Queensland's police watch houses”. This Four Corners investigation reported 500 files from 2018 to 2019, which detailed cases of children held in QLD watch-houses. By: Mark Willacy | 13 May 2019 - Read the article here.
Where to go to learn more:
(2025) QLD Child Rights Report | QLD Family and Child Commission - The report examined the human rights of children living in QLD. It used data analysis and written testimonies to determine what human rights were being impeded on by the current QLD government. They recommended that detaining children in watch-houses should only be used as a last resort. Read the full report here.
(2025) QLD Police Service Watch-house Review | QLD Police Service - The review was conducted by the QPS to examine QLD watch-houses, places, processes and people. It examined issues regarding children being detained in an adult institution. Read the full review here.
(2025) Detention of a child in a watch house: Unresolved complaint report under s.88 Human Rights Act 2019 | QLD Human Rights Commission - The report examined an unresolved human rights complaint made by a 16-year-old boy who was detained in a watch-house for 28 days in QLD. The report concluded that the complainant’s rights to protection as a child, privacy and humane treatment when deprived of liberty, among others, was limited and made 10 recommendations to support the humane treatment of children detained in watch-houses. Read the full report here.
(2024) Cairns and Murgon watch‑houses inspection report: Focus on detention of children | QLD Ombudsman - The report examined the Cairns and Murgon police watch-houses. It highlighted safety, operational and human rights issues found at both watch-houses using original documentation such as photographs to be used as evidence. Read the full report here.
(2019) Orange Paper 1: The use of Queensland watch-houses to hold children | Youth Advocacy Centre - This report was early in documenting QLD’s use of detaining children in watch-houses. It exposed the realities of watch-houses to the public and was released in conjunction with a Four Corners investigation. Read the full report here.
Youth Justice Act 1992 (QLD) - Read the full Act here.
Human Perspective:
Content Warning: Self-harm
Liam is 13 and has been living with his grandmother in a regional QLD town. After breaching bail, he was placed on remand at an overwhelmed local watch-house in a cell with 6 other people, where he slept on the ground with just a mattress. Liam had no privacy while going to the toilet in his crowded cell and was unable to sleep because the cell lights were left on the entire time for safety reasons. Due to overcrowding in the watch-house, 2 adults were in the same unit as Liam. He felt intimidated by the adults and did not know when he would be transferred to a Youth Detention Centre, as they were operating at capacity. During this time, Liam had little to no access to formal education and fell behind in his schooling. Liam remained in the watch-house for over 336 hours (2 weeks). He later learnt that the maximum amount of time recommended by the UN to stay in a watch-house was 24 hours. A Youth Detention Centre would have separated Liam from adults and provided access to educational and rehabilitative programs, which were unavailable in the watch-house. Due to staff safety concerns about Liam being in a unit with adults, he was placed in solitary confinement. Shortly afterwards, he began to engage in self-harm to cope with the stress of the situation. For Liam, what began as a series of minor offences quickly escalated into deeper justice system involvement, not because he was unwilling to change, but because the system was not age-appropriate.
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.
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Reference list:
Australian National Preventive Mechanism. (2025, September 12). Written contribution to List of Issues Prior to Reporting: Seventh periodic report of Australia under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment. Australian Ombudsman. https://www.ombudsman.gov.au/__data/assets/pdf_file/0027/321597/Australian-NPM-joint-submission-Seventh-Periodic-Report.pdf
Australian National Preventive Mechanism. (2023, September). Joint Statement – Queensland Law Change and Detention of Children in Watch Houses and Adult Prisons [Press Release]. https://gcyp.sa.gov.au/wordpress/wp-content/uploads/2023/09/NPM-Network-Joint-Statement-Queensland-law-change-and-youth-justice.pdf
Brennan, D. (2026, March 19). Queensland systems failing vulnerable young people in child protection, youth justice. National Indigenous Times. https://nit.com.au/19-03-2026/23266/queensland-systems-failing-vulnerable-young-people-in-child-protection-youth-justice
Brewster, A. (2025, July 18). Queensland government refuses to set limit on time spent in watch houses by children despite LNP promise in opposition. ABC. https://www.abc.net.au/news/2025-07-18/queensland-government-no-limits-for-children-held-in-watch-house/105538722
Inspector of Detention Services. (2024). Cairns and Murgon watch‑houses inspection report: Focus on detention of children. Queensland Ombudsman. https://www.ombudsman.qld.gov.au/ArticleDocuments/591/Cairns%20and%20Murgon%20watch-houses%20inspection%20report%20-%20PUBLIC.PDF.aspx?embed=Y
Kruk, C. (2023, December 12). Watch houses where kids stay locked up are wrapped in web of paperwork. Sydney Morning Herald. https://www.smh.com.au/politics/queensland/watch-houses-where-kids-stay-locked-up-are-wrapped-in-web-of-paperwork-20231212-p5eqw3.html
Making Queensland Safer Act 2024 (QLD).
McKenna, K. (2025, October 7). Children still being held in Queensland watch houses 'greatest regret' for outgoing human rights commissioner. ABC. https://www.abc.net.au/news/2025-10-07/qld-human-rights-commissioner-children-held-in-watch-houses/105858164
McKenna, K., & Riga, R. (2023, August 24). Queensland premier defends decision to fast-track proposed changes allowing police watch houses to detain children. ABC. https://www.abc.net.au/news/2023-08-24/qld-palaszczuk-law-changes-human-rights-watchhouses-youth-crime/102769626
Parliament of Queensland. Parliamentary debates (Hansard). Legislative Assembly. 24 August 2023. https://documents.parliament.qld.gov.au/events/han/2023/2023_08_24_WEEKLY.pdf
Queensland Human Rights Commission. (2025, April 11). Detention of a child in a watch house: Unresolved complaint report under s.88 Human Rights Act 2019. https://www.qhrc.qld.gov.au/our-work/media/2025/new-report-gives-recommendations-on-protecting-children-in-watch-houses
Queensland Police Service. (2025). Watch-house Review. The State of Queensland. https://www.police.qld.gov.au/sites/default/files/2025-07/QPS%20Watch-house%20Review%202025_1_0.pdf
Queensland State and Child Commission. (2026). Queensland Child Rights Report 2025. The State of Queensland https://www.qfcc.qld.gov.au/sites/default/files/report-queensland-child-rights-report-2025.pdf
Smee, B. (2024, September 11). Sick and suicidal children held in Queensland police watch houses for weeks without healthcare, watchdog reveals. Guardian. https://www.theguardian.com/australia-news/article/2024/sep/11/queensland-children-police-watch-houses-watchdog-report
Smee, B. (2024, July 19). ‘Harrowing’ footage sparks calls for Queensland government to remove children from police watch houses. Guardian. https://www.theguardian.com/australia-news/article/2024/jul/19/queensland-children-police-watch-houses-investigation-ntwnfb
Willacy, M. (2019, May 13). The Watch House Files: Detention centres full, children locked in Queensland's police watch houses. ABC. https://www.abc.net.au/news/2019-05-13/hold-the-watch-house-files/11046190
United Nations Human Rights Office of the High Commissioner. (2026, May 5). Australia: Indigenous children face systemic racial discrimination in criminal justice system, UN committee warns [Press release]. https://www.ohchr.org/en/press-releases/2026/05/australia-indigenous-children-face-systemic-racial-discrimination-criminal
Youth Advocacy Centre. (2019). Orange Paper 1: The use of Queensland watch houses to hold children. https://yac.net.au/wp-content/uploads/2022/10/YAC-Orange-Paper-1-QLD-Watch-Houses.pdf
Youth Advocacy Centre. (2024, January 10). Youth Justice Reform Select Committee inquiry into youth justice reform in Queensland. Youth Justice Centre. https://documents.parliament.qld.gov.au/com/YJRSC-6004/YJRSC-54D8/submissions/00000104.pdf
Youth Justice Act 1992 (QLD).
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