Our client, Dan*, was a young Aboriginal man with complex mental health needs. He was unlawfully subjected to extended solitary confinement, physical restraint, and invasive searches while detained in multiple NSW juvenile detention centres. With the support of our civil team at O’Brien Criminal and Civil Solicitors, he successfully brought a civil claim against the State of New South Wales, which has now been resolved in his favour.
Case Summary
Dan was repeatedly confined in segregation across several juvenile justice centres. Despite being a child with significant mental health conditions, authorities routinely subjected him to prolonged isolation, forced restraints, and strip searches. Sometimes without legal justification.
Our legal team argued that this treatment amounted to false imprisonment, assault, and battery. The case was ultimately settled with the State of NSW, providing Dan with a measure of justice and recognition for the harm he suffered.
Detailed Overview
Dan was first detained at a very young age. During his time in custody, he was subjected to over a dozen Detainee Risk Management Plans (DRMPs), used to justify confining him to his room for extended periods. In some cases, he was allowed only three brief periods outside of his cell per day, and even these were often in isolation.
Some shocking details from the claim include:
- Dan was subjected to a shocking amount of hours of segregation under one DRMP alone.
- He was routinely handcuffed for all movements.
- Meals were often served without cutlery, and in some cases, he ate cold, unappetising food alone in isolation.
- He underwent strip searches, often arbitrarily, in violation of his dignity and without clear legal authority.
- He was frequently held in small, dark rooms with no natural light or fresh air, sometimes without bedding, books or anything to occupy his time.
- This treatment intensified his distress and mental health issues, and created a cycle where his behaviour, often shaped by trauma, led to further punishments and isolation.
Civil lawyers for youth justice mistreatment in custody
The legal team argued that the Department of Justice’s use of these measures violated the Children (Detention Centres) Act 1987 (NSW), associated NSW regulations, and international human rights standards.
The case also highlighted breaches of:
- The Juvenile Justice Client Protection & Wellbeing Policy (archived)
- The Human Rights Standards in Youth Detention Facilities by the Australian Children’s Commissioners and Guardians
- The UN Convention on the Rights of the Child
- The Convention Against Torture
Importantly, Dan was never convicted of any offence warranting this kind of treatment. The conditions of his detention were far more punitive than any sentence ever handed down by a court.
Outcome
The civil claim against the State of NSW was settled in Dan’s favour. While the terms of the settlement remain confidential, the outcome recognised the extensive harm he endured and provided compensation for his suffering, loss of liberty, and the long-term impact on his well-being.
This case highlights systemic failures in the youth justice system and reinforces the rights of vulnerable children in custody, particularly Aboriginal children, to be treated with dignity, fairness and care.
Need Advice About Unlawful Detention or Mistreatment in Custody?
If you or someone you know has experienced unlawful treatment while in detention, especially if you are an Aboriginal person or a young person with mental health needs, you may have legal options.
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*We always change details in our case studies to protect client confidentiality.
