Islam v Director-General, Justice and Community Safety Directorate

The Supreme Court of the Australian Capital Territory was asked to consider whether there were breaches of the Corrections Management Act 2007 (ACT) and the Human Rights Act 2004 (ACT) in the way in which a detainee was disciplined at the Alexander Maconochie Centre. The plaintiff, Isa Islam, a detainee, complained that he was subjected to disciplinary action without being given an opportunity to be heard in relation to the charges against him. He sought to have the Court determine whether the disciplinary measures applied to him on seven separate occasions breached either the Corrections Act or the Human Rights Act. The defendant, the Director-General of the Justice and Community Safety Directorate, admitted that the plaintiff was not given an opportunity to be heard in relation to the charges against him and that the process was not followed in accordance with the Corrections Act. The Court found that the disciplinary measures imposed on the plaintiff breached both the Corrections Act and the Human Rights Act. The Court found that the disciplinary measures breached the plaintiff's right to procedural fairness and the right to a fair trial before an independent tribunal. The Court found that the defendant's conduct amounted to a breach of the plaintiff's right to a fair trial before an independent tribunal, but not a breach of the plaintiff's right to protection from cruel, inhuman or degrading treatment. The Court also found that the Discipline Form 3 did not contain any express provision for a detainee to invoke a right to any review.