Don Dale teens win High Court appeal, teargas use discontinued

TERRITORY Families has discontinued the use of a teargas employed in events that prompted the Royal Commission into the Detention and Protection of Children in the Territory

Territory Families has discontinued the use of a teargas employed in events that prompted the Royal Commission into the Detention and Protection of Children in the NT. Picture: Glenn Campbell

TERRITORY Families has discontinued the use of a teargas employed in events that prompted the Royal Commission into the Detention and Protection of Children in the Territory.

The High Court on Thursday ruled four former Don Dale Youth Detention Centre detainees who alleged they were unlawfully exposed to CS teargas used by prison officers to target another unruly detainee in a 2014, were entitled to damages.

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A Territory Families spokeswoman said since the Royal Commission was completed, changes were made to youth justice practices after Territory Families took over management of statutory youth justice functions.

“This includes changes to operational practices to prohibit the use of CS (tear)gas,” she said.

“Other legislative amendments have been made to provide detention centre staff with a clear and unambiguous framework for exercising their powers, allowing them to make critical operational decisions to respond to dangerous and challenging situations.

“This includes protective measures and safeguards around the circumstances in which use of force can be used.”

The High Court’s decision was applauded by Maurice Blackburn Lawyers principal Ben Slade. The law firm filed a federal class action in 2016 on behalf of young people mistreated in NT youth detention centres.

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“(Thursday’s) decision makes it clear that the power to authorise the use of force against children is limited and that assaults that go beyond these limits are unlawful,” he said. “Children who have suffered harm as a consequence, of which there are many, deserve compensation.”

Mr Slade said the class action, which represented youths mistreated in NT detention centres between August 2006 and November 2017, would go into mediation in late 2020.

“The amount of the compensation should recognise the serious harm caused to so many young people,” he said.