IDEAS home Printed from https://ideas.repec.org/a/gam/jscscx/v14y2025i9p550-d1749861.html
   My bibliography  Save this article

Secure Care in Australia—An Overview of Secure Care in Australian States and Territories and Commentary on the Legal Safety of Children Admitted to Secure Care in Australia

Author

Listed:
  • Kate Crowe

    (School of Social and Political Sciences, The University of Melbourne, Grattan Street, Parkville, VIC 3010, Australia)

Abstract

There is very limited information available on secure care in Australia. There is no national oversight, standards, or data collection mechanisms. This article aims to outline which Australian states and territories deliver secure care, provide an overview of these interventions, identify trends and outlying practice, and highlight the human rights implications. A comparative systemic methodology was utilised, gathering qualitative data on secure care across Australian states and territories to compare and analyse. The findings are presented descriptively, and a qualitative content analysis was completed. This article identifies that there is secure care in all states and territories in Australia except Tasmania, South Australia, and Queensland. The content analysis identified that the Northern Territory and New South Wales do not have secure care legislation, and that the Australia Capital Territory and New South Wales are the only jurisdictions that require a specific secure care judicial order to authorise admissions. Victoria, the Northern Territory, and Western Australia utilise ‘administrative detention’ to authorise a secure care admission—this is when the admission to secure care of children with the involvement of child protection is authorised by the government, not through a court order via the judicial system. A consequence of the use of administrative detention is that children ‘in care’ in Australia are being deprived of their liberty without legal representation or access to the right to appeal in a court of law. There is minimal publicly available admission data on secure care in Australia. This article argues that secure care’s welfare-based position, conceptualisation, and discourse simultaneously obscures visibility, legitimises depriving children of their liberty and the use of restrictive measures, and undermines a rights-based approach to children experiencing extreme vulnerability. The use of administrative detention undermines system accountability, and the legal safety of children admitted to secure care in Australia. This is placing the rights of children in secure care in Australia as secondary to the management of organisational risk.

Suggested Citation

  • Kate Crowe, 2025. "Secure Care in Australia—An Overview of Secure Care in Australian States and Territories and Commentary on the Legal Safety of Children Admitted to Secure Care in Australia," Social Sciences, MDPI, vol. 14(9), pages 1-20, September.
  • Handle: RePEc:gam:jscscx:v:14:y:2025:i:9:p:550-:d:1749861
    as

    Download full text from publisher

    File URL: https://www.mdpi.com/2076-0760/14/9/550/pdf
    Download Restriction: no

    File URL: https://www.mdpi.com/2076-0760/14/9/550/
    Download Restriction: no
    ---><---

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;
    ;
    ;
    ;

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:gam:jscscx:v:14:y:2025:i:9:p:550-:d:1749861. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    We have no bibliographic references for this item. You can help adding them by using this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: MDPI Indexing Manager (email available below). General contact details of provider: https://www.mdpi.com .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.