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Justice Matrix · Case profile

Use of Force in Don Dale Youth Detention Centre (2015-2016)

Northern Territory, AustraliaRoyal Commission2016
FavorableHigh precedent
Strategic issue

What was at stake

Tear gas, spit hoods, restraint chairs on children

Facts

What happened

Children in the Don Dale Youth Detention Centre were subjected to tear gas, spit hoods, and restraint chairs for extended periods, as revealed by CCTV footage broadcast on ABC Four Corners

Key holding

What the court decided

Children were tear-gassed, hooded, and restrained in chairs for extended periods. CCTV footage broadcast on ABC Four Corners triggered Royal Commission.

Reasoning

How the court got there

The Royal Commission decided in this way due to the inhumane treatment of children, which is a clear violation of their human rights

Authorities

Statutes and cases cited

Statutes & treaties
  • § Convention on the Rights of the Child
  • § Youth Justice Act 2005 (NT)
  • § Care and Protection of Children Act 2007 (NT)
  • § Royal Commissions Act 1902 (Cth)
Issue areas

Categories

don-dalenttear-gasuse-of-force
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