Class Action Launched Against NT Government By Current and Former Juvenile Detainees
Thursday 12 January 2017 @ 10.52 a.m. | Crime | Legal Research
Law firm Maurice Blackburn has announced they will be launching a class action against the Northern Territory Government on behalf of current and former detainees of the NT juvenile detention centre.
The class action, which was filed in the Federal Court on 23 December, alleges that detainees ‘were subjected to assault, battery, and/or false imprisonment during their detainment in excess of the lawful powers granted to prison guards.’ The class action also includes a complaint made under section 9(1) of the Racial Discrimination Act 1975, claiming that the treatment of detainees amounts to racial discrimination, ‘in that it would not have occurred if not for the fact that the overwhelming majority of young people in detention in the Northern Territory are Indigenous Australians.’
According to the firm’s website, the class action makes a claim for people who:
- were detained in a youth detention centre in the Northern Territory at any time between 1 August 2006 and 23 December 2016; and
- during the period or periods that were detained, were subjected to unreasonable periods of isolation or restraint, physical assault or threats of physical assault by prison guards that was beyond the lawful powers given to prison guards.
Class action principal lawyer, Ben Slade, told The Guardian Australia:
“We do not suggest the members of this class action did not deserve to be deprived of their liberty but we do claim that when children are routinely subject to human rights abuses ... that they should be compensated and those who do it should be accountable…
The Territory’s juvenile justice system has been shown over and over again to not only have failed to rehabilitate those in its care, but have allowed many children to be abused by some of its own employees.”
He also said that the firm needed to take action immediately because of “an “extraordinary” six-month limitation period”.
According to ABC News, Maurice Blackburn has said the initial proceedings could take about two years, and that the firm would be looking to contact everyone who spent time in detention between 2006 and 2013.
Government Response
A media release issued by Nicole Manison, Acting Chief Minister of the Northern Territory, says:
“The Northern Territory Government has been advised of a potential class action concerning youth justice.
We take these matters very seriously.
Given the matter is before the courts, it would be inappropriate to comment further, other than to acknowledge the Government is seeking legal advice.
The alleged incidents, including matters being examined by the Royal Commission, occurred prior to the Gunner Government taking office.
Our Government’s focus remains on finding solutions to the problems that have historically surrounded youth justice in the Territory.”
TimeBase is an independent, privately owned Australian legal publisher specialising in the online delivery of accurate, comprehensive and innovative legislation research tools including LawOne and unique Point-in-Time Products.
