The North Australian Aboriginal Justice Agency, Change the Record and the Human Rights Law Centre have slammed the Northern Territory government for passing a law that limits the compensation payable to children and adults who are mistreated and abused while in their care.  

Yesterday the Northern Territory Parliament passed the Personal Injuries (Liabilities and Damages) Amendment Bill 2022 which will impose damages caps for legal wrongs occurring in youth and adult prisons in the territory. 

David Woodroffe, Principal Legal Officer, North Australian Aboriginal Justice Agency:  

“This is a further dark chapter in the Territories history of failing to ensure the safety and full protection of the law for Aboriginal victims of government wrongdoing and abuse.”

Nick Espie, Legal Director, Human Rights Law Centre: 

“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. 

“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. This is another backwards step retreating from the commitment to repairing a broken Youth Justice System.”

Cheryl Axleby, Co-Chair, Change the Record:  

“Instead of taking urgent action to prevent mistreatment and abuse of children and young people in the criminal justice system, this Bill is a cynical move by the NT Government to avoid consequences when they do the wrong thing.  

“When children and adults are harmed in police and prison cells they should be entitled to the full dignity, protection and recourse of the law. People do not lose their right to be treated humanely and decently because they have been arrested and this is precisely the type of dangerous attitudes that leads to Black deaths in custody, mistreatment and abuse.  

“Instead of trying to shirk their responsibilities to children and adults in detention, the NT Government should be focused on implementing the recommendations of the NT Royal Commission, fulfilling the Aboriginal Justice Agreement and raising the minimum age of criminal responsibility to at least 14 years old to keep children out of prison in the first place.”

Media contact:

Evan Schuurman, Media and Communications Manager, 0485 864 320, evan.schuurman@hrlc.org.au