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AAP
AAP
National
Michael Ramsey

Legal dispute over youth detention class action

The class action has been launched on behalf of Banksia Hill detainees. (Richard Wainwright/AAP PHOTOS) (AAP)

A class action alleging mistreatment of youth detainees in Western Australia faces potential delays after the state government flagged it would apply to strike out aspects of the claim.

Documents filed in the Federal Court allege children at Banksia Hill and other WA detention facilities have been assaulted, held unlawfully in their cells for prolonged periods and denied visits from family members.

The material has been filed as part of a class action against the WA government over the treatment of up to 500 detainees.

Barrister Robert Craig KC, representing the WA government, on Wednesday told the Federal Court the allegations that had been levelled were "very general" and investigating them would be a lengthy process.

He said it was likely there would be an application to strike out aspects of the proceedings, flagging issues with the composition of the claimants group and claims some detainees were discriminated against on the basis of their disabilities.

Justice Debra Mortimer said the case went far beyond those objections and there was a need to keep the matter moving at pace.

She ordered lawyers for the detainees to file a statement of claim by April 19 and set an eight-week deadline for the government to file its defence.

Both parties were ordered to prepare for the setting of possible trial dates when the matter returns to court on a later date in June.

Barrister Ben Slade, representing the claimants, said the allegations were "very serious" and had been building for some time.

"There will be a point at which this case will be going forward," he told the court.

"If we can find out what the state thinks about all this sooner rather than later, that would be good."

Efforts by solicitors to secure third-party litigation funding for the class action had so far been unsuccessful, he added.

An affidavit filed to the court by lawyer Stewart Levitt alleged a teenage girl with autism was confined to a cell for up to 23 hours a day, frequently subjected to strip-searches and forced to earn her bedding during periods in Banksia Hill.

The class action alleges authorities failed to assess detainees for mental health conditions when they were taken into custody, resulting in impairments going undiagnosed.

Lifeline 13 11 14

Kids Helpline 1800 55 1800 (for people aged 5 to 25)

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