find the latest legal job
Senior Associate - Litigation & Dispute Resolution
Category: Litigation and Dispute Resolution | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Come work for a firm ranked in Lawyers Weekly Top 25 Attraction Firms
View details
Associate - Workplace Relations & Safety
Category: Industrial Relations and Employment Law | Location: Brisbane CBD & Inner Suburbs Brisbane QLD
· Employer of choice · Strong team culture
View details
Freelance Lawyers
Category: Banking and Finance Law | Location: All Perth WA
· Freelance opportunities through Vario from Pinsent Masons
View details
Freelance Lawyers
Category: Other | Location: All Adelaide SA
· • Qualified lawyer with a strong academic background
View details
Freelance Lawyers
Category: Other | Location: All Melbourne VIC
· • Qualified lawyer with a strong academic background
View details
ALA warns of asylum seeker compo claims

ALA warns of asylum seeker compo claims

Greg Barns ALA

The Australian Lawyers Alliance says the federal government’s review of asylum seekers held in Nauru may leave the Commonwealth liable to a swathe of compensation claims.

The Moss Review, released on 20 March by the Department of Immigration and Border Protection, was conducted by former integrity commissioner Philip Moss into allegations relating to conditions experienced by asylum seekers held at the Regional Processing Centre in Nauru.

Mr Moss detailed allegations of sexual and physical assault, and sexual harassment and sexual favours being exchanged for marijuana. He found compelling evidence that at least three women had been raped.

ALA spokesperson Greg Barns (pictured) said the review contradicted government claims that it had no responsibility for the care or welfare of asylum seekers once it shipped them to overseas detention centres.

He said Mr Moss confirmed the underlying role played by the Australian Government in overseeing the Nauru centre by referring issues to the department and making recommendations encouraging Nauru's government to implement change.

“The nature of the recommendations appear to indicate the chain of command,” Mr Barns said.

The Commonwealth could therefore be held legally responsible for any abuse or physical or mental deterioration of people in its care if it could be shown  the abuse occurred while they were in detention, he added.

“This report may be of significant relevance in considerations of liability in the future, including vicarious liability.”

According to Mr Barns, the federal government’s treatment of asylum seekers has breached several international treaties, including the International Covenant on Civil and Political Rights (1966) and United Nations regulations on the Standard Minimum Rules for the Treatment of Prisoners (1955).

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

ALA warns of asylum seeker compo claims
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Oct 20 2017
Podcast: One of law’s most infamous alumni – in conversation with Julian Morrow
In this episode of The Lawyers Weekly Show, Melissa Coade is joined by The Chaser’s Julian Morrow....
Oct 20 2017
High Court overturns ‘excessive’ anti-protest legislation
Bob Brown’s recent victory in the High Court over the Tasmanian government was a win for fundament...
Oct 20 2017
Changes to Australian citizenship laws blocked
Attempts to beef up the requirements to obtain Australian citizenship were thwarted this week, after...
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...