Former juvenile detainees, represented by law firm Maurice Blackburn, have launched a class action against the Northern Territory government over abusive treatment they allegedly received at the hands of youth detention prison guards.
The class action alleges the detainees were assaulted, battered and falsely imprisoned by prison guards and that the guards flew above the radar of the law.
The prisons concerned are Don Dale Juvenile Detention Centre, the Don Dale Youth Detention Centre and the Alice Springs Youth Detention Centre.
Maurice Blackburn class action principal Ben Slade told media on Wednesday that after considering a number of claims, the evidence of assaults, battery, and excessive use of isolation beyond the powers permitted by the Northern Territory’s Youth Justice Act was "overwhelming".
Mr Slade added that the law firm concluded the youth prisoners alleging the abuse had the right to compensation.
He said superintendents of youth detention centres were obliged to ensure that everyone in those centres were safe including the detainees.
"We do not suggest that the members of this class action did not deserve to be deprived of their liberty, but we do claim that when children are routinely subjected to human rights abuses, abuses beyond the power given to the authorities, that they should be compensated and those who do it should be held accountable."
In the application filed before the court, Dylan Jenkings and Aaron Hyde, the class representatives, claim prison guards assaulted and battered them in a high security unit at Don Dale in 2016.
Jenkings said he was tear-gassed, handcuffed, pushed to the ground and punched in the back of the head. He added he was dragged to another cell where he was beaten with batons and kept for 48 hours.
In a statement, the Northern Territory Acting Chief Minister Nicole Manison said because the matter was before the courts, she would not comment on the matter, other than to acknowledge the government was seeking legal advice.
"The alleged incidents, including matters being examined by the Royal Commission, occurred prior to the Gunner government taking office," Ms Manison said.
However, she said the government would work to find "solutions to the problems that have historically surrounded youth justice in the territory".
"We have already made changes to the Youth Justice Act by banning the use of restraint chairs on young detainees as well as improving accountability in the youth detention sector."
The treatment of these juveniles came to national attention when ABC's Four Corners program aired a documentary containing graphic footage of Dylan Voller strapped to a chair with a spit hood over his head.
Following the report, Prime Minister Malcolm Turnbull announced a royal commission into the youth detention and justice system in the territory, which continues into 2017.
