Manus Island class action settled by government

Peter Dutton says multimillion-dollar settlement to be paid to Manus detainees is ‘prudent’ outcome for taxpayers.

A 2014 file image of Asylum seekers staring at media from behind a fence at the Manus Island detention centre. Picture: AAP

Detainees held on Manus Island will share a $70 million settlement after the federal government and facility security providers opted to avoid a public hearing of their injury and false imprisonment claims.

The government has settled the case while continuing to deny liability, with details of how much the taxpayer will pay likely to remain secret.

Law firm Slater and Gordon, which brought the case on behalf of 1905 current and former detainees, said the government and its co-defendants G4S and Broadspectrum (formerly known as Transfield) had agreed to pay $70m plus the plaintiffs’ costs of $20m, but would not reveal the proportion to be paid by each defendent.

The firm was prepared to fight the case in the Victorian Supreme Court on allegations the detainees had been falsely imprisoned and suffered serious injuries while living at the facility in Papua New Guinea.

It is the first successful human right class action settlement in Australia.

The settlement works out to roughly $36,745 for each group member, but will be split according to how long each person spent at the centre, the injuries they received and whether they were present for particular events such as the February 2014 attack in which one detainee died.

Immigration Minister Peter Dutton said the settlement was a “prudent outcome” for Australian taxpayers, who would have potentially paid more if the case proceeded to a lengthy trial.

“The Commonwealth strongly refutes and denies the claims made in these proceedings,” he said.

“Settlement is not an admission of liability in any regard.

“Labor imposed this cost on Australians when it handed control of the nation’s borders to criminal people-smuggling syndicates.

Mr Dutton said the Commonwealth was legally required to try to avoid, prevent or limit the scope of legal proceedings.

“Sadly, due to Labor’s failed border policies, the Department of Immigration and Border Protection (DIBP) is the most litigated department of the Commonwealth,” he said.

“Currently there is a caseload of almost 5,800 legal matters afoot. DIBP’s legal

expenditure in 2015-16 totalled more than $72 million.

“We must never forget why people are on Manus Island and Nauru: Labor lost control of our borders and put them there.”

‘A strong outcome’

Slater and Gordon class action group leader Rory Walsh acknowledged some detainees and refugee activists would be displeased by the settlement, but said those group members could petition the court if they wished to continue with a separate case.

“We think its a very good and strong outcome,” he said.

“When we were offered sufficient money, and we were, we had no hesitation in taking it.

“We think its in the best interests of our group members.”

Judge Michael McDonald congratulated the parties for reaching a settlement after months of pre-trial argument.

The agreement will still need to be approved by the Supreme Court. Slater and Gordon will apply to administer the settlement distribution scheme and receive further payment for this work if successful.

Lead plaintiff Iranian-born Majid Karami Kamasaee suffered serious burns in Tehran as a teenager and alleged his condition was aggravated by the hot and humid conditions in detention and the lack of appropriate care.

In a statement, he said the settlement was a long-overdue acknowledgement of the detainees’ suffering.

“I left my home in Iran in 2013 because of religious persecution and I came to Australia seeking peace, but I was sent to Manus, which was hell,” he said.

“I was in pain every minute of every day and I cried every night until I had nothing left.

“Today we are finally being heard and I hope everyone’s suffering can be over as quickly as possible.”

The detention centre is due to close later this year.