AB v State of Western Australia & Anor; AH v State of Western Australia

The High Court of Australia considered appeals from the Supreme Court of Western Australia in two related matters, AB and AH, who were Aboriginal children. The dispute concerned the validity of their detention under the *Young Offenders Act 1994* (WA) and the *Criminal Code Act Compilation Act 1913* (WA), specifically in relation to the application of the *Aboriginal and Torres Strait Islander Child Protection Act 1998* (WA) and the *Children and Community Services Act 2004* (WA). The core of the controversy lay in whether the State of Western Australia had lawfully exercised its powers in detaining these children, who were subject to child protection orders.

The central legal issues before the High Court were whether the detention of the Aboriginal children was authorised by the *Young Offenders Act 1994* (WA) and the *Criminal Code Act Compilation Act 1913* (WA), and whether the State had acted unlawfully in detaining them. This involved determining the proper interpretation and application of various Western Australian legislative provisions governing the detention of young offenders and the exercise of child protection powers, particularly in circumstances where the children were also subject to child protection orders. The court was required to consider the interplay between these different legislative frameworks and whether the State's actions were consistent with its statutory obligations.

The High Court ultimately found that the detention of the children was unlawful. The Court reasoned that the *Young Offenders Act 1994* (WA) and the *Criminal Code Act Compilation Act 1913* (WA) did not authorise the detention of children who were already subject to child protection orders under the *Children and Community Services Act 2004* (WA) in the manner in which they were detained. The Court emphasised that the State's powers to detain children under the child protection legislation were distinct from its powers to detain young offenders. The detention of AB and AH was found to be outside the scope of the relevant statutory provisions, rendering their detention unlawful.

The High Court allowed the appeals, declared the detention of the children to be unlawful, and ordered that the State of Western Australia pay the costs of the appellants.