Premier apologises for “lasting and negative impact” of Ashley abuse after $75m class action settlement
An Ashley whistleblower and party leaders have questioned the future of Ashley Youth Detention Centre following a $75m class action settlement. What happens next:
Tasmania
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Premier Jeremy Rockliff has written an apology to the victim-survivors of abuse at the notorious Ashley Youth Detention Centre as a $75m legal settlement was approved by the Supreme Court.
In Hobart on Monday, Justice Stephen Estcourt approved the settlement of the state’s first-ever class action, describing it as “a momentous case”.
The 129 former Ashley detainees will receive amounts expected to be between $200,000 and more than a million dollars each for abuse they suffered between 1961 and 2021.
They will receive financial advice and trauma counselling as part of the agreement, as well as a written apology from the Premier.
“We have heard your story, and we acknowledge the lasting and negative impact that abuse has on the lives of children, young people and their families,” he wrote.
Lawyer Angela Sdrinis, whose team fought the case for two years on a no-win no-fee basis, described the settlement as “a just and moral outcome” for her clients.
“Today, finally, they’re being listened to, they’re being heard, they’re being believed, and I can tell you that that [apology] is probably as important – if not more important – than the monetary compensation they will receive,” she said.
“The most disappointing aspect of the situation is that Ashley is still operating, which I think beggars belief.
“We call on the state government to take immediate steps to do something about that facility, which is still in existence and should have been closed a long, long time ago.
One of the plaintiffs – who cannot be identified for legal reasons – said the outcome of the case had given him hope for the future.
“All I can say is out of all the sadness and the suffering, we are finally being recognised today,” he said.
“No one listens to crime kids. It took 40 years, but I have gained strength through this.”
Plaintiff lawyer Lachlan Armstrong KC said it was no secret young people had suffered at Ashley for a long time, noting the first government inquiry into the facility was 100 years ago.
“It is fair to say Ashley has been notorious for several decades,” he told the court.
‘Quite terrible abuse was visited upon children, mostly boys but also girls, over many years.”
The settlement amount dwarfs previous similar Australian cases. In 2021, the Northern Territory paid $35m to settle claims arising from the assault, battery and false imprisonment of children at the Don Dale Detention Centre.
The state government has set aside $600m to cover legal claims related to historical child sexual abuse in state care over the past four decades.
Ms Sdrinis said there were dozens more potential claimants from Ashley who were not included in the class action.
“We’ve had clients coming forward who’ve been in Ashley in the last three or four years who also allege abuse,” she said.
Whistleblower Alysha was instrumental in turning the spotlight on Ashley in the lead-up to the Commission of Inquiry into the Tasmanian Government’s Responses to Child Sexual Abuse in Institutional Settings.
She said the settlement was “a significant moment for all Tasmanians” and underlined the need for a more compassionate approach to young offenders.
“They look like kids, they sound like kids, they do kid things,” she said.
“They’re kids and they’ve made some silly decisions, usually because of significant trauma prior to Ashley.
“We don’t need to crack down on youth crime, we need to support young people and prevent young people from ending up in the youth justice system.”
She said it was concerning that some of those who were the subject of allegations in the class action remained on the public sector payroll.
The case was lodged in August 2022 on behalf of four lead claimants identified only as JC, RI, QA and CA.
They alleged that they suffered injuries as a result of systemic negligence during their time in Ashley including the use of degrading strip-search procedures, failure to provide appropriate medical treatment and the use of isolation and beatings as punishment.
The ongoing physical, sexual and psychological abuse of young people at the Deloraine facility was a major theme of the Commission of Inquiry and has drawn comment from international human rights bodies, including the United Nationals Committee against Torture.
In 2021, then Premier Peter Gutwein said Ashley would shut within three years. It is currently expected to close in 2026.
Premier Rockliff wrote to the plaintiffs: “As the Premier of Tasmania, I was deeply saddened to learn of the abuse that you experienced whilst you were in the State’s care at Ashley Youth Detention Centre, formerly known as Ashley Home for Boys.
“On behalf of the Tasmanian Government and past governments, I sincerely apologise for the
abuse you suffered while you were in our care.
“Through the evidence given at the Commission of Inquiry and your lawyers, we have heard your story, and we acknowledge the lasting and negative impact that abuse has on the lives of children, young people and their families.
“I thank you for coming forward and I hope this apology and the resolution of your claim will assist in your recovery.”
Opposition leader Dean Winter welcomed the settlement of the case.
“The thing that the government can do for everyone is to finally close down Ashley,” he said.
“The delay on this has been difficult to understand.”
Greens leader Rosalie Woodruff said nothing would undo the misdeeds of the past, but the case was a recognition of the harm inflicted on young people at Ashley.
“There is still a live and current risk of abuse occurring at Ashley, with frequent violations of the human rights of children at the centre,” she said.
“It’s utterly shameful.”
Those involved in the class action are expected to receive their payments by the middle of next year.
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