Legal action for Don Dale detainees at risk from NT government use-of-force laws

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Retrospective laws rushed through Northern Territory Parliament last week are threatening to derail legal action underway on behalf of young people allegedly mistreated in the Don Dale and Alice Springs youth detention centres.

Changes rushed through Northern Territory Parliament last week could derail legal action that was underway on behalf of young people allegedly mistreated in the Don Dale and Alice Springs youth detention centres.Northern Territory Parliament last week passed changes to rules inside youth detention centresA senior associate says the laws give guards too much discretion around the use of force, which ease some restrictions on the use of force, restraints and isolation of young detainees.

She said the legislation could affect up to 10 cases involving young people represented by her firm, including some alleging they had been treated with excessive force. Under the Government's changes a detention centre worker can use the level of force that they consider necessary and reasonable to stop a young person hurting themselves or somebody else."This legislation has now taken away the objective measure of whether the use of force is reasonable, and made it a subjective test," she said.

Ms Wakefield told Parliament last week that ambiguities in some of the original amendments passed after the youth detention royal commission had allowed"lawyers to pursue technical arguments about breaches of laws".

 

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NT govt backflips on youth detention restraint ban | Sky News AustraliaThe Northern Territory government has moved to revert legislation that banned the use of restraints in juvenile detention centres.\n\nThe ban was implemented in the wake of the royal commission into youth detention, sparked in part after images emerged of detainee Dylan Voller in a spit hood and restraint chair.\n\nThe Minister for Territory Families Dale Wakefield says the decision to ban restraints had been revised following concerns about staff safety.\n\n\nImage: News Corp Australia\n\n\n\n\n
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