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Submission made to the Supreme Court concerning use of CS gas at Don Dale Youth Detention Centre in August 2014

Department of Attorney-General and Justice


"In a civil matter before the Supreme Court of the Northern Territory at Darwin on Tuesday 20 September 2016, a submission was made by Counsel for the Plaintiff to the effect that the use of CS gas on 21 August 2014 at the Don Dale Youth Detention Centre rendered Correctional Officers liable to prosecution for an offence defined by section 6 of the Weapons Control Act. Section 6 of the Weapons Control Act creates an offence where a person uses a prohibited weapon. 

“Whilst it is not appropriate to make specific comment in respect of matters currently before the courts, by way of general comment regarding the application of legislation, an offence outlined by Section 6 of the Weapons Control Act does not apply to a Correctional Officer acting in the course of his or her duties as a Correctional Officer in respect of a prohibited weapon that is supplied to him or her by his or her employer for the performance of his or her duties as a Correctional Officer.  Any successful prosecution of this offence would have to prove that Correctional Officers were not acting in the course of his or her duties at the relevant time the offence is alleged to have occurred,” Commissioner Payne said.