Brown v Director-General of the Justice and Community

Keira Brown sought a declaration that the Director-General of the Justice and Community Safety Directorate breached her human rights under the Human Rights Act 2004 (ACT) by failing to ensure that she was offered an Aboriginal Health Assessment (AHA) during her two periods of detention at the Alexander Maconochie Centre. Brown also claimed that the Director-General breached sections 53, 67, and 68 of the Corrections Management Act 2007 (ACT) by failing to ensure that an AHA was carried out during each period of detention. The Director-General denied that he had breached his obligations under the relevant statutes. The Court found that the Director-General had not breached his obligations under the Corrections Management Act. The Court found that Brown had access to a culturally appropriate health care provider, and that the health care provided by that provider was of an appropriate standard. The Court also found that the initial health assessments carried out on Brown at the commencement of each period of detention complied with the obligations imposed by the Corrections Management Act. As a result, the plaintiff’s claims against the Director-General failed. Judgment was entered for the Director-General.