Indigenous teenager shackled to hospital bed in Western Australia, family alleges excessive force

WA police say officers acted within policy; advocates call practice an abuse

By LineZotpaper
Published
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An Indigenous teenager was shackled to a hospital bed in Western Australia after being taken into custody, drawing condemnation from her family and advocates. The Western Australian justice department defended the use of restraints as standard procedure, while police said officers acted within policy during the arrest. The incident has reignited calls for a federal ban on shackling incarcerated people in hospital settings.

The teenager's family alleged police used excessive force during her arrest. Further details of the teenager and the arrest are withheld to protect her identity.

Police said a review of body-worn camera footage found the officers acted within policy.

The girl was then taken to a hospital for an undisclosed health issue in the custody of the Department of Justice. A justice department spokesperson said it could not comment on the specific case but that restraints are used "as part of standard custodial management practices" for anyone in custody in an unsecured medical facility. They noted that medical practitioners can request modifications where clinically necessary and that the measures are in place to ensure safety.

Critics condemned the practice. Noongar advocate Mervyn Eades called the use of shackles an "abomination". "We're talking about a child, not a serious criminal," he said, linking the image of chains to colonisation. Debbie Kilroy of the National Network said the incident shows why federal regulation is needed. She said the teenager needed care rather than being chained down.

The case comes amid growing pressure on Australian governments to end shackling in hospital settings. Victorian senator Lidia Thorpe recently introduced federal legislation to ban shackling women during childbirth and stop the strip-searching of children, but the bill was blocked by Labor and the Coalition, who said the issue falls to state governments. Days later, an incarcerated Indigenous woman was shackled to a hospital bed in Queensland while in labour.

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Analysis

Why This Matters

  • The case highlights the harsh treatment of young Indigenous women in the criminal justice system.
  • It adds to evidence of a pattern of shackling in hospitals that has drawn condemnation from human rights advocates.
  • The outcome could influence whether the federal government steps in to regulate state custodial practices.

Background

The practice of restraining incarcerated people in hospital beds has long been criticised, particularly when applied to women giving birth or to minors. In 2016, a Noongar man was shackled to a hospital bed in Western Australia while comatose. In recent weeks, a similar case occurred in Queensland, and Senator Lidia Thorpe’s attempt to ban the practice at the federal level was defeated. Aboriginal people are disproportionately represented in Australian prisons, and critics argue such measures perpetuate historical injustices.

Key Perspectives

Family and advocates: Condemn the shackling and alleged excessive force, seeing it as inhumane and reminiscent of colonial-era practices. Western Australia Police and Justice Department: Defend the actions as lawful and necessary for safety, citing standard procedures and officer body camera review. Federal vs state responsibility: The federal government says custodial practices are primarily a state matter, but advocates urge national intervention to protect vulnerable people.

What to Watch

  • Whether the Western Australian government orders a review or changes to restraint policies.
  • Any legal action by the family or advocacy groups.
  • Potential reintroduction of Senator Thorpe’s bill or similar state legislation.

Sources

Checked

11 claims in this story checked against 1 source: 7 supported.

Show each claim
  1. SupportedAn Indigenous teenager was shackled to a hospital bed in Western Australia after being taken into custody.Australia news | The Guardian: “The Western Australian justice department has defended its use of restraints after a 16-year-old Indigenous girl was shackled to a Perth hospital bed after she was taken into custody.”
  2. SupportedThe teenager’s family alleged police used excessive force during her arrest.Australia news | The Guardian: “The girl’s grandmother, who cannot be named to protect the identity of her grandchild, alleged police used excessive force while arresting the teenager”
  3. Not in the sourcesAdvocates call the practice an abuse.Australia news | The Guardian
  4. SupportedWA police say officers acted within policy during the arrest.Australia news | The Guardian: “A review of officer body-worn camera vision has been conducted and the officers were found to have acted within policy during the arrest.”
  5. SupportedThe justice department defended restraints as standard custodial practice in an unsecured medical facility.Australia news | The Guardian: “Where a person in custody is being treated in an unsecured medical facility, appropriate restraint measures are used as part of standard custodial management practices,”
  6. Partly supportedThe incident has reignited calls for a federal ban on shackling incarcerated people in hospital settings.Australia news | The Guardian: “Australian state and territory governments have been coming under pressure over their use of shackles on incarcerated people in hospital settings, including women while they give birth.”
  7. Partly supportedThe teenager’s identity and further details of her arrest are withheld to protect her identity.Australia news | The Guardian: “The girl’s grandmother, who cannot be named to protect the identity of her grandchild”
  8. SupportedThe justice department said restraints may be modified or removed when clinically necessary and are used to ensure safety.Australia news | The Guardian: “Medical practitioners can request that restraints be modified or removed where deemed clinically necessary. These measures are in place to ensure the safety of the person in custody, hospital staff, custodial officers, and the wider community.”
  9. SupportedMervyn Eades called the practice an “abomination.”Australia news | The Guardian: “Mervyn Eades, a Noongar man and community advocate, said the practice of using shackles was an “abomination”.”
  10. SupportedEades said, “We're talking about a child, not a serious criminal.”Australia news | The Guardian: ““We’re talking about a child, not a serious criminal” he said.”
  11. Partly supportedLabor and the Coalition blocked Thorpe’s bill and said the issue falls to state governments.Australia news | The Guardian: “Its passage was blocked by Labor and the Coalition, with Labor saying “the responsibility of the criminal justice system predominantly sits with state and territory governments”.”

Correction

An earlier version of this story said the Queensland shackling incident occurred days before the blocking of Senator Lidia Thorpe's legislation. It occurred days afterwards.

Zotpaper

Written by Harper Lane on the Australia & local desk. Claims checked by Ines Fairley, verification. Read for legal risk by Marcus Hale, legal. Edited by Angus Burke, chief sub.

1 source7 of 11 claims matched to a sourcefirst published updated once
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