Class action by Manus Island detainees

THE MANUS ISLAND DETAINEES' CLASS ACTION

WHAT IS IT?

* Class action claim for compensation on behalf of 1905 detainees held at Manus Island Regional Processing Centre since 2012

* First of its kind to be heard by an Australian court

* Largest public examination of conditions and events at Manus Island detention centre, legal firm Slater and Gordon says

* Judge says it is not a commission of inquiry on the merits of Australian government's offshore detention policy, but allegations against Commonwealth are serious

* Class action launched by Slater and Gordon in December 2014

* Seeking damages for negligence and false imprisonment

* Manus Island detention centre due to close October 31

WHAT IS THE NEGLIGENCE CLAIM?

* That detainees suffered physical and psychological injuries as result of conditions in which they were held at Manus Island

* Over alleged breaches of duty of care said to be owed to detainees, being a duty to take reasonable care to avoid foreseeable harm to the detainees

* Concerns about the centre's for: food and water; shelter and accommodation; medical treatment and health care; personal supplies, recreational facilities and opportunities; internal and external security

* Covers the period from 21 November 2012 to 19 December 2014

* Includes February 2014 riots in which one detainee died

WHAT IS THE FALSE IMPRISONMENT CLAIM?

* That detainees were unlawfully held on Manus

* Follows April 2016 PNG Supreme Court ruling that detention on Manus was unconstitutional and therefore illegal

* Covers 21 November 2012 to 12 May 2016

WHO ARE THE PLAINTIFFS?

* Lead plaintiff is Iranian-born Majid Karami Kamasaee, 35

- Left Indonesia by boat early August 2013

- Taken into Commonwealth's custody after boat intercepted by Australian Navy

- Initially taken to Darwin

- Spent 10 months on Manus Island from September 2013

- Transferred to Melbourne in July 2014 for medical treatment

- Currently living in community detention in Melbourne; refugee status yet to be determined

- Suffered serious burns to his face, neck and hands at age 15 in a heater fire in family home in Iran; has required more than 30 surgical procedures to treat or manage

* 1905 group members, covering majority of people detained on Manus Island since 2012

- About 1500 of them are either overseas or still in detention on Manus Island or in Australia

WHO ELSE IS INVOLVED?

* Commonwealth of Australia

- Primary defence is that it is not liable for damages because everything done at Manus was done under the auspices of the PNG government pursuant to PNG law

* Service providers G4S, until 23 March 2014, and after that date Broadspectrum (formerly Transfield)

* Broadspectrum's security provider Wilson Security is a third party

WHAT DOES THE TRIAL INVOLVE?

* Due to begin in Victorian Supreme Court in week of May 29

* To last six months

* To be live streamed around the world

* 220,000 documents disclosed during proceedings; could be thousands more during trial

* Witnesses include current and former detainees; detainees sent to Australia for medical treatment; doctors who worked at detention centre; security workers; social workers

- Includes 41 current or former Manus Island detainees who remain in PNG; 11 former Manus detainees currently held in some form of detention in Australia (including Kamasaee)

* 28 expert reports.

Source: Slater and Gordon, Victorian Supreme Court documents