VYZ BY Next Friend XYZ v Chief Executive Officer of the Department of Justice

The case before the Supreme Court of Western Australia was VYZ BY NEXT FRIEND XYZ v Chief Executive Officer of the Department of Justice, a judicial review application challenging the lawfulness of the confinement of the applicant, a young detainee, in his sleeping quarters at Banksia Hill Detention Centre. The applicant, a minor, alleged that on various dates between 21 January and 27 February 2022, he was confined to his cell for periods exceeding 20 hours, and in some instances almost 24 hours, without any order for confinement having been made. The legal issues revolved around the interpretation of the Young Offenders Act 1994 (WA) and the Young Offenders Regulations 1995 (WA), specifically whether the confinement of the applicant was authorised by the Act. The respondents argued that the confinement was necessary to maintain the security of the facility and to prevent the applicant and other detainees from injuring themselves or others. However, the Court held that the Act did not confer the power to confine a detainee to sleeping quarters for long periods without an order being made, as required by the Act and Regulations. The Court granted a declaration that the confinement was unlawful, emphasising the importance of adhering to statutory authority in the management of detention centres to protect the rights and well-being of detainees.