Last year the Northern Territory government agreed to pay $35 million in compensation to hundreds of former detainees of the notorious Don Dale Juvenile Justice facility to settle a mistreatment class-action case.
The size of the payout sparked outrage, with the Northern Territory opposition labelling the damages bill “an insult to victims of crime.”
In March, NT Attorney-General Selena Uibo introduced a bill that would limit future payouts, and late Thursday night, the territory parliament passed the Personal Injuries (Liabilities and Damages) Amendment Bill 2022.
The legislation means damages for future “civil wrongs” will be capped at $15,300 for adults and children held in territory correctional facilities.
Supported by the opposition, the new laws apply to the unlawful use of restraints such as spit hoods and shackles, false imprisonment through unlawful isolation, and the unlawful use of force and strip searches.
The North Australian Aboriginal Justice Agency has slammed the legislation.
NAAJA’s Principal Legal Officer David Woodroffe has accused the territory government of abandoning its responsibilities for human rights abuses committed in its correctional institutions.
“This is a further dark chapter in the territory's history of failing to ensure the safety and full protection of the law for Aboriginal victims of government wrongdoing and abuse.”
Legal advocacy group the Human Rights Law Centre has also condemned the laws. Legal director Nick Espie said they will disproportionately impact Aboriginal people.
North Australian Aboriginal Justice Agency Principal Legal Officer David Woodroffe has slammed the legislation. Source: Supplied
“These laws discriminate against Aboriginal people and contradict the NT government’s Aboriginal Justice Agreement commitment to treat Aboriginal victims fairly, respectfully and without discrimination," he said.
"This is another backwards step retreating from the commitment to repairing a broken Youth Justice System.”
Mr Espie said the laws were an affront to the revelations of investigations into territory detention systems.
“The NT Royal Commission exposed how human rights abuses thrive in detention.
"I think of the courage shown by many young people that spoke up to confront the perpetrators of abuse in detention in the hope that the NT government would not allow this to happen again to children in their care.
“It is shameful that these laws have now passed and will erode critical safeguards to allow the NT government to dodge responsibility for human rights abuses that children and adults in prison can be subjected to."
The territory government says the changes will only affect future damages cases and "will place reasonable limits on the amount of damages that the court can award for specific civil wrongs.
“The Department of the Attorney-General and Justice consulted with key legal stakeholders in the development of the legislation, namely NAAJA, NT Legal Aid Commission, Law Society Northern Territory, and the NT Bar Association.”
