A young Aboriginal Territorian has launched a Federal Court challenge against Northern Territory laws that cap compensation for people unlawfully harmed by the government while in custody.
Jermahl Ebatarinja was allegedly subjected to two assaults, 11 batteries and unlawful separation by Youth Justice Officers while detained at the Alice Springs Youth Detention Centre as a 16-year-old in 2022.
The proceedings, filed by the North Australian Aboriginal Justice Agency (NAAJA) on behalf of Mr Ebatarinja, challenge provisions introduced following the 2021 Don Dale class action settlement, which limit the compensation available to prisoners — including children in youth detention — who suffer intentional wrongdoing by the government.
NAAJA Civil Managing Lawyer Andrew Roberts described the laws as a "knee-jerk" response to the settlement and said the case was about government accountability.
"If it was an individual who broke the law they would have to pay," Mr Roberts said.
"But rather than taking responsibility for its failings and addressing the problems in youth detention, the NT Government chose instead to weaken a crucial accountability mechanism and reduce the compensation that they must pay prisoners harmed in their care."
NAAJA argues the laws undermine government accountability by capping damages for unlawful conduct — including assault, battery, strip searches and false imprisonment — while also preventing courts from awarding aggravated or exemplary damages. The organisation said damages are capped "well below" the amounts plaintiffs might otherwise be awarded.
Under the legislation, a person can receive no more than:
- $6250 for an illegal strip search;
- $3125 for an illegal assault;
- $6250 for an illegal battery;
- a maximum of $312.50 per day for false imprisonment lasting 60 days or more; and
- $18,750 for a series of civil wrongs.
Mr Ebatarinja's claim argues the compensation caps do not apply because the alleged conduct amounted to child abuse and are invalid under the Race Discrimination Act because they disproportionately affect Aboriginal people.
"Cases like these are about accountability," Mr Roberts said.
"They are one of the fundamental ways Territorians can hold the NT Government to account and ensure it is behaving lawfully and appropriately."
The legal challenge follows a recent High Court ruling awarding general, aggravated and exemplary damages to four men who were unlawfully tear-gassed at the Don Dale Youth Detention Centre.
The four men — Josiah Binsaris, Keiran Webster, Ethan Austral and Leroy O'Shea — were each awarded $50,000 in exemplary damages alongside general and aggravated damages. Mr Roberts argued those same damages could not be awarded under the current legislation.
"If that same conduct occurred today, the current laws would prevent the Court from awarding those young men any aggravated or exemplary damages, despite the High Court describing the Northern Territory's conduct as reprehensible," Mr Roberts said.
