NT Tear Gas Incident — Don Dale (2014)
What was at stake
Use of tear gas on children in detention
What happened
Six children in the Don Dale Youth Detention Centre's behavioural management unit were tear-gassed by guards, leading to an investigation into the incident.
What the court decided
Six children tear-gassed by guards in behavioural management unit. Children's Commissioner found the use of force was unlawful and disproportionate. Guards not held accountable.
How the court got there
The Children's Commissioner found that the use of tear gas on children in a detention setting was unlawful because the relevant authorising legislation and detention centre policies did not permit the use of such chemical agents on young people in those circumstances. The force used was also found to be disproportionate to the threat posed by the children. The Commissioner's findings were administrative rather than judicial, and the absence of criminal or disciplinary accountability for the guards reflected structural failures in oversight rather than any exculpatory legal reasoning.
Statutes and cases cited
- § Youth Justice Act (NT)
- § Care and Protection of Children Act (NT)
Categories
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