Binsaris v Northern Territory

The High Court of Australia considered appeals by detainees against the Northern Territory, who claimed damages for battery arising from the use of CS gas at the Don Dale Youth Detention Centre. The dispute centred on whether the prison officers' deployment of CS gas, a prohibited weapon under the *Weapons Control Act* (NT), was lawful, or if any exemptions or delegations of authority rendered their actions permissible.

The legal issues before the Court were whether the prison officers were acting in the course of their duties such that an exemption under the *Weapons Control Act* applied, whether their actions were authorised by a delegation of the superintendent's powers under the *Youth Justice Act* (NT), and whether they possessed the powers of a police officer under the *Prisons (Correctional Services) Act* (NT) that might have authorised the use of CS gas. The Court was required to determine if the use of the CS gas constituted a battery, and if so, whether any statutory provisions provided a defence or positive authority for such an action.

The High Court reasoned that even if the prison officers were considered "prescribed persons" under the *Weapons Control Act*, any exemption from the prohibition on using a prohibited weapon would not confer positive authority to commit a battery. The Court found that the officers lacked specific positive authority to deploy CS gas in the circumstances, and therefore, its use constituted an unlawful battery. The Court concluded that the Court of Appeal had erred in finding the deployment of CS gas lawful.

Consequently, the High Court allowed the appeals with costs, setting aside the orders of the Court of Appeal and the Supreme Court. The matter was remitted to the Supreme Court of the Northern Territory for an assessment of damages for the battery.