High Court ruling of unlawful use of force in Don Dale

The High Court’s decision that the deliberate and intentional deployment of tear gas on four teenagers by prison officers in Darwin’s Don Dale Youth Detention Centre was unlawful, is a timely reminder that the use of force on Aboriginal and Torres Strait Islander peoples will not be tolerated in Australia.

The High Court’s unanimous ruling in the case of Binsaris v Northern Territory [2020] HCA 22, overturns earlier decisions of the Supreme Court and Court of Appeal of the Northern Territory, and finds that the use of tear gas is not allowed under the Youth Justice Act (NT). Read more. 

Advocacy

Inquiries and consultations as of 29 May 2020.

• Parliamentary Senate Legal and Constitutional Affairs Legislation Committee, Native Title Legislation Amendment Bill 2019.

• Australian Competition and Consumer Commission, Draft news media and digital platforms bargaining code.

• Department of Health, Therapeutic Goods Administration, Prescription medicines transparency measures: Implementation of generic medicines early notification to innovators of an application and publication of innovator applications.

• Parliamentary Joint Committee on Corporations and Financial Services, Litigation funding and the regulation of the class action industry.

• Parliamentary Senate Select Committee on COVID-19, COVID-19.

• Royal Commission, Royal Commission into the Management of Police Informant.

• Royal Commission, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability – Criminal Justice System Issues Paper.

• Department of Industry, Science, Energy and Resources, Australia's Technology Investment Roadmap: discussion paper.

• Parliamentary Senate Legal and Constitutional Affairs Committee, Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020 [Provisions].

• Parliamentary Senate Standing Committees on Finance and Public Administration, Intelligence and Security Legislation Amendment (Implementing Independent Intelligence Review) Bill 2020.

• Parliamentary Parliamentary Joint Committee on Intelligence and Security, Australian Security Intelligence Organisation Amendment Bill 2020.

• Department of Industry, Science, Energy  and Resources, 2020 Offshore Petroleum Exploration Acreage Release - nominated areas for comment.

• Royal Commission, Royal Commission into Aged Care Quality and Safety.

• Office of the High Commissioner for Human Rights’ Universal Periodic Review (UPR) of Australia, 3rd UPR cycle: contributions and participation of "other stakeholders" in the UPR.

• Parliamentary Joint Standing Committee on Foreign Affairs, Defence and Trade, Inquiry into the human rights of women and girls in the Pacific.

• Royal Commission, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.

• Australian Law Reform Commission, Review into the Framework of Religious Exemptions in Anti-discrimination Legislation.

• Attorney-General’s Department, Improving protections of employees’ wages and entitlements: further strengthening the civil compliance and enforcement framewor.

• Attorney-General’s Department, Review of the Code for the Tendering and Performance of Building Work 2016.

• Productivity Commission, Resources Sector Regulation.

• Attorney-General's Department, Elimination of Racial Discrimination (CERD). 

News and Media 

Media releases and statements:

• Statement on High Court ruling of unlawful use of force in Don Dale, by Law Council President, Pauline Wright, 2 June 2020.
• Law Council concerned for Hong Kong, 1 June 2020.
• Statement on announcement of new inquiry into domestic violence from Law Council President, Pauline Wright, 31 May 2020.
• Law Council President, Pauline Wright, statement on abject failure of domestic violence inquiry, 20 May 2020.
• Statement on drop in the rates of youth in detention by Law Council President, Pauline Wright, 19 May 2020.
• Law Council pleased to see legislation for Tracing app passed, 14 May 2020. 

​Key coverage:

• No time more important to recognise 'shadow pandemic', Sydney Morning Herald, 2 June 2020.
• Law Council welcomes new domestic violence inquiry, Lawyers Weekly, 2 June 2020. 
• Australia concerned about Hong Kong national security laws, Lawyers Weekly, 2 June 2020. 
• New inquiry into domestic violence, Sunday Telegraph, 31 May 2020.
• Spies kept busy by increase in suspicious internet activity during coronavirus lockdown, ABC News, 31 May 2020. 
• ASIO power plea to tackle teen terrorists, The Australian, 29 May 2020. 
• Media freedom an ongoing vulnerability, legal bodies say, Lawyers Weekly, 29 May 2020. 
• Aboriginal people in prison and out-of-home care suffering under 'punitive' Covid-19 restrictions, The Guardian, 27 May 2020.
• Calls to stop jailing Australian children, Canberra Times, 27 May 2020. 
• Australia cannot ‘drop the ball' on family and domestic violence measures, Lawyers Weekly, 26 May 2020. 
• Law council 'appalled' as inquiry launched after Clarke deaths ends early, Sydney Morning Herald, 20 May 2020. 
• Parliamentary inquiry into domestic violence fails Hannah Clarke and her children, senator says, The Guardian, 20 May 2020. 
• No cause for celebration' on drop in youth detention rates: LCA, Lawyers Weekly, 20 May 2020. 
• Dutton pushing for new ASIO powers, The Saturday Paper, 16 May 2020.
• Law Council critical of new proposed changes to ASIO laws, ABC online – RN Radio, 15 May 2020.