Tear gas victims win 12-year battle for fairness
Four men, illegally tear gassed more than a decade ago as children, have finally won justice with the highest court in Australia confirming today that the NT Government must be held accountable for their actions.
The High Court of Australia has today allowed an appeal, brought by the North Australian Aboriginal Justice Agency (NAAJA), against the decision of the Northern Territory Court of Appeal to overturn the award of exemplary damages to four children who were unlawfully tear gassed in Don Dale Youth Detention Centre on 21 August 2014.
This decision overturns the Court of Appeal in Northern Territory of Australia v Austral & Ors (2025), which set aside the exemplary damages originally awarded to each of the men in 2023.
Josiah Binsaris, Keiran Webster, Ethan Austral and Leroy O’Shea have bravely and tirelessly fought for justice for 12 years, after they were unlawfully tear gassed by youth detention staff, despite not being responsible for a disturbance that prompted its use. They were just 15-17 years old at the time.
The High Court already decided that this was unlawful in 2020.
Today’s decision overturns the Court of Appeal decision.
The High Court has decided to award $50,000 of exemplary damages to each of the men.
Exemplary damages are awarded not simply to compensate, but to mark the Court’s condemnation of particularly serious wrongdoing and to deter the NT Government from doing this to more young people.
NAAJA has walked alongside our clients for the entirety of this 12-year fight for justice.
NAAJA Civil Managing Lawyer Andrew Roberts said successive governments have fought against accountability for 12 years.
“Today’s decision recognises the seriousness of the NT Government’s conduct,” he said.
“At the end of the day, these were vulnerable children in the care of the state.
“The Government has to do better and must be accountable for its actions.”
Quotes attributed to Leroy O’Shea:
“Winning this case means a lot to me. It’s not just about the money — it’s about recognition that what happened to us was wrong. For a long time it felt like no one was listening to what we went through. The decision shows that young people in detention still have rights and deserve to be treated with dignity and care. I hope it helps make sure things like this don’t happen to other young people in the future.”
Quotes attributed to Andrew Roberts:
“Even to this day, the Government has not apologised for their wrongdoing or held any of the individual officers to account. This is an incredibly important outcome for our clients, who have carried the weight of this with them for many years and who can now begin to heal and move forward.”
NAAJA staff said the men showed incredible courage in continuing this fight for justice until the end and acknowledged its dedicated counsel team, James McComish, Marcel Delany, and particularly Kathleen Foley SC, who has been involved in the matters from the very beginning.
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Media contact:
Emily Murphy-O’Neill
Media Strategy & Communications Officer
North Australian Aboriginal Justice Agency
Phone: 0455 556 412
Email: emily.murphyoneill@naaja.org.au
Website: https://www.naaja.org.au/