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Hundreds of Banksia Hill inmates take class action to federal court

The vast majority of the claimants of Aboriginal. Their legal representative said they have been treated 'abominably'.

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The are more than 600 claimants. The lead applicants have been described as youths with complex mental health needs that were not met in detention.

Hundreds of current and former inmates of Western Australia's Banksia Hill Detention Centre will take part in a class action against the state government.

The class action was filed by lawyers representing children and adults who have allegedly experienced mistreatment inside the notorious facility.

Stewart Levitt of Sydney's Levitt Robinsons Solicitors confirmed the files had been lodged and accepted by the federal court.
Stewart Levitt
Sydney-based lawyer Stewart Levitt launched the Federal Court action. Source: NITV / NITV

'Vast majority' of applicants are Indigenous

Mr Levitt said he has been working with around 600 current and former detainees who had faced abuse or wrongdoing whilst serving time in Banksia Hill or its predecessor Rangeview Juvenile Remand Centre between 1997 and June 2022.

The most recent report from Western Australia’s Inspector of Custodial Services said 70 per cent of those detained in Banksia Hill are Aboriginal.

Many of the current or former Banksia Hill inmates registered for this class action are also Aboriginal.

"The vast majority are [Indigenous] but there's a minority who aren't. For our two lead applicants one is Indigenous and one isn't; one is male and one is female," said Mr Levitt.

'They have been treated abominably'

Mr Levitt described the lead applicants as a young boy and a girl who have recently turned eighteen with autism and schizophrenia.

"They are treated as if they're not disabled when in many instances they are. Many of them have intellectual [disabilitis], psychosis including schizophrenia, autism in various degrees and that includes our lead applicants.

"They have had a very difficult time of it, coping even with ordinary life let alone with the harsh draconian and cruel conditions in Banksia Hill." said Mr Levitt.

"They have both been treated abominably.

The class action could cost the WA government many millions in compensation if it is successful.

"In the Northern Territory their matter was settled for $35 million, which was half of what it was worth and there's probably around ten times as many people involved in Baksia Hill...

"Our claim goes beyond that and alleges human rights infractions including discrimination under the disability discrimination act because an overwhelming majority of the detainees have suffered from emotional and psychological disabilities." said Mr Levitt.

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2 min read
Published 9 December 2022 12:16pm
By Kearyn Cox
Source: NITV


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