The North Australian Aboriginal Justice Agency (NAAJA) has noted the decision of the Northern Territory Court of Appeal in a long-running case involving the use of tear gas on 21 August 2014 on youth held at the Don Dale Youth Detention Centre. At that time, the plaintiffs were between 15 and 17 years old.
NAAJA has represented four of the youth tear gassed since litigation commenced in 2015.
In June 2020, the High Court of Australia confirmed that the tear gassing of the youth was unlawful. The Supreme Court of the Northern Territory then in September 2023 awarded each claimant compensatory damages and $200,000 in exemplary damages for the reckless disregard of the youths’ rights.
The Northern Territory of Australia appealed the damages and on Friday 28 March 2025, the Court of Appeal upheld the Territory’s appeal and set aside the award of exemplary damages. 1
After 10 years the Northern Territory Government is still unwilling to acknowledge the seriousness of tear gassing young people in their care and has sought to litigate rather than resolve the claims of the youth affected. NAAJA is assisting its clients to review the decision and consider their appeal options.
No further comment will be made by NAAJA or its clients at this time.
Media contact
Comments in this media release other than direct quotes can be attributed to a NAAJA spokesperson.
Anthony Beven, 0419 218 518, anthony.beven@naaja.org.au
NAAJA MR2025-08
1 April 2025
- Northern Territory of Australia v Austral & Ors [2025] NTCA 3, https://supremecourt.nt.gov.au/decisions/nt-court-of-appeal-decisions ↩︎