This was a group proceeding in the Federal Court on behalf of children in youth detention in Northern Territory (NT) against the NT, the Superintendents of both the Alice Springs and Don Dale Youth Detention Centres and the relevant NT Minister regarding the conditions in detention. The plaintiffs, on behalf of the group members, alleged (i) breach of statutory duty for duties owed to the group members under NT legislation, regulations and policy determinations; (ii) negligence; and (iii) racial discrimination under the Racial Discrimination Act 1975 (Cth) against the respondents. The relief sought was public law remedies such as declarations and injunctions and did not include damages or compensation. Following a mediation before the Hon Robert French AC, an application was made to the Court for the approval of a settlement under s33V of the Federal Court of Australia Act 1976 (FCA Act). In return for the NT making a Statement of Commitments, setting out a number of initiatives that are to be implemented regarding the operations of the detention centres, the applicant agreed to file an application seeking the proceeding be dismissed with the parties bearing their own costs. In an earlier judgment, White J exercised discretions under s33X(2) and (4) of the FCA Act to relieve the applicant from having to give notice to group members of the commencement of the proceedings, of their right to opt out of the proceedings and the application for approval of the settlement. To view the earlier judgement please click here.
