Campbell v Northern Territory of Australia (No 3) [2021] FCA 1089

Federal Court of Australia

Campbell v Northern Territory of Australia (No 3) [2021] FCA 1089 File number: ACD 41 of 2017

Judgment of: WHITE J

Date of judgment: 9 September 2021

Catchwords: TORTS – youth held in detention in the Northern Territory – whether the respondents breached the duty of care owed to the applicant by holding him in the Don Dale Detention Centre (Don Dale) in Darwin rather than in the Alice Springs Youth Detention Centre (ASYDC) – application dismissed. TORTS – s 153(5) of the Youth Justice Act 2005 (NT) (the YJ Act) – whether the detention of the applicant in isolation at different times within the ASYDC and Don Dale and in the adult Darwin Correction Centre (the DCC) amounted to unlawful imprisonment – application upheld in part. TORTS – whether the use of spit hoods on the applicant on three occasions at the DCC constituted a breach of duty, battery or assault – application dismissed. TORTS – whether the respondents breached the duty of care owed to the applicant in the application of restraints – where the applicant was taken to the ground and handcuffed – where the applicant was later evacuated from his cell and handcuffed – whether this conduct amounted to battery or assault – application dismissed. TORTS – whether the respondents breached the duty of care owed to the applicant in failing to test for, diagnose and treat a visual disability – consideration of regs 57 and 58 of the Youth Justice Regulations 2006 (NT) – lack of evidence to support the claim of the visual impairment and its causation – application dismissed. HUMAN RIGHTS – claims of discrimination in contravention of ss 9(1), 9(1A) and 10 of the Racial Discrimination Act 1975 (Cth) – where the applicant was refused transfer from Don Dale to the ASYDC – where the applicant was held for five days in the DCC as a youth detainee – whether these acts involved a distinction, exclusion or restriction based on the applicant's Aboriginality – application dismissed. DEFENCE – claimed immunity of the Northern Territory against all claims – consideration of the application of the Enever principle – whether the Superintendent of a Detention Centre exercises an independent statutory authority and discretion – defence not made out. DEFENCE – whether the defence in respect of acts done in good faith in s 215(2) is available to the Superintendent of Don Dale – defence dismissed in respect of one claim of false imprisonment. LIMITATIONS OF ACTIONS – whether the applicant's claims are time barred – consideration of whether the time bar in s 215B of the YJ Act inserted in 2014 has retrospective effect– application for extensions of time under s 44 of the Limitations of Actions Act 1981 (NT) abandoned in final submissions– the claim on which the applicant would otherwise have succeeded held time barred.