Manus Island detainees' $70m class action
THE $70 MILLION CLASS ACTION BY MANUS ISLAND DETAINEES:
WHAT IS IT?
* Class action claim for compensation on behalf of 1923 current and former detainees, covering majority of people held at Manus Island Regional Processing Centre since 2012
* Settled for $70 million plus costs (estimated $20 million)
* Largest human rights class action settlement in Australia and first successful one
* Must be approved by Victorian Supreme Court
* Majority of compensation relates to false imprisonment, but also damages for negligence
* Time spent in detention impacts individual compensation amounts, as well as any physical and psychological injuries
* Just under 800 men remain in centre
* Centre due to close by end October
* Class action launched by Slater and Gordon in December 2014
HOW MANY DETAINEES SUPPORT THE SETTLEMENT?
* 1383 registered to be part of settlement
* 164 group members have lodged objections; 145 of whom registered to participate if settlement is approved
* 56 group members want more time to opt out, which would preserve their legal rights to take separate action
* 215 group members haven't been able to be contacted; 177 of those are detainees who have returned to their country of origin
WHAT HAPPENS NEXT?
* Justice Cameron Macaulay to announce on Wednesday (September 6) if he approves settlement
* A 28-day appeal period then runs; no payments can be made until that ends
* During that period, further attempts to be made to reach detainees who could not be contacted; therefore registrations expected to now close October 13
* Lawyers hope to get funds distributed to detainees before centre closes October 31
WHO WAS THE ACTION AGAINST?
* Commonwealth of Australia
* Service providers G4S, between October 2012 and March 2014, and after that date Broadspectrum (formerly Transfield)
* Broadspectrum's security provider Wilson Security was a third party
* Settled without any admission of liability - government strongly refutes and denies all the claims
WHAT WAS THE NEGLIGENCE CLAIM?
* That detainees suffered physical and psychological injuries as result of conditions in which they were held at Manus Island
* Covered the period from November 21, 2012, to December 19, 2014 - including February 2014 riots in which one detainee died
WHAT WAS THE FALSE IMPRISONMENT CLAIM?
* That detainees were unlawfully held on Manus, given 2016 PNG Supreme Court ruling that detention on Manus was unconstitutional and therefore illegal
* Covered November 21, 2012, to May 12, 2016.
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