Case 15: ACT Human Rights Act provides a right to compensation for unlawful arrest or detention

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Three men were each unlawfully detained. They made claims against the government for compensation for their wrongful detention. A question arose whether the breach of their right to liberty under the Human Rights Act gave them an independent statutory right to compensation under the Human Rights Act, and if so, whether the damages available under this claim differed from that available at common law. Unlike the Victorian Charter and the Queensland Human Rights Act, the ACT Human Rights Act specifically provides that anyone who has been unlawfully arrested or detained has the right to compensation for the arrest or detention. The ACT Supreme Court decided that the Human Rights Act provides for an independent statutory right to compensation for unlawful detention.

Source: Morro, N & Ahadizad v Australian Capital Territory [2009] ACTSC 118. See our case summary here: https://www.hrlc.org.au/human-rights-case-summaries/morro-ahadizad-vaustralian-capital-territory-2009-actsc-118-10-september-2009