Youth detainees sue prison boss over transfer from Alice Springs to Don Dale

The four boys are seeking a declaration that the decision to transfer them must take into account its effect on their ‘physical, psychological and emotional welfare’.

Four boys in detention in Alice Springs have taken legal action to stop the government transferring to Darwin’s notorious Don Dale detention centre. Picture: (A)manda Parkinson

A group of youth detainees in Alice Springs has taken legal action against the Territory government in a bid to overturn a decision to transfer them to Don Dale.

The four boys, who cannot be named, are suing Alice Springs Youth Detention Centre acting superintendent Phillip Hughes in the Supreme Court seeking a declaration that the decision to transfer them must take into account its effect on their “physical, psychological and emotional welfare”.

The boys’ lawyers also claim Mr Hughes unlawfully directed the Central Australian Aboriginal Congress Aboriginal Corporation to not share their medical records with their legal team.

Documents released by the court show the boys are seeking a declaration the direction by Mr Hughes that Congress “is not to share information about youth detainees to whom it has provided medical services with the legal representatives of those youth detainees, is invalid and of no effect”.

They are also seeking a declaration that Mr Hughes must provide each of the boys with “procedural fairness before any purported decision is made to transfer (them) from Alice Springs Youth Detention Centre to Don Dale Youth Detention Centre”.

The boys are asking the court to declare that Mr Hughes and the Territory government’s “duty to give procedural fairness” includes the following.

“Provide each plaintiff with reasonable notice of any proposed decision under s168A of the Youth Justice Act 2005 (NT), being a period of at least 14 days,” they read.

“Provide each plaintiff with a reasonable opportunity in which to seek legal representation and provide instructions to his legal representatives;

“Notify each plaintiff and his legal representatives of any material to be considered by (Mr Hughes) with the exception of any material that may be lawfully withheld;

“And provide each plaintiff with a reasonable opportunity in which to make submissions regarding the proposed decision.”

They say the court should order that each of the boys should remain in Alice Springs “unless and until a lawful and valid decision is made” for his transfer.

Mr Hughes and the Territory government are yet to file any defence but on Friday, Justice John Burns refused to grant the boys’ lawyers and injuction preventing their transfer.