Class action on behalf of people detained on Christmas Island

Maurice Blackburn is running a pro bono class action for people who didn’t receive adequate care while in immigration detention on Christmas Island in the period commencing 27 August 2011 until 26 August 2014. Urgently calling for witnesses to give evidence for this class action. Please call us on 1800 286 052.

The class action is for people who sought asylum and were injured or pregnant while in detention and suffered physical or psychological injury or the exacerbation of an injury due to the failure of the Commonwealth to provide adequate medical care.

Evidence given to the Australian Human Rights Commission’s National Inquiry into Children in Immigration Detention revealed a systematic failure to provide detained asylum seekers with the health care that they required. We say there is no excuse for failing to provide basic health care to people in detention.

This class action seeks compensation for people who sought asylum and suffered injuries whilst detained at any time in the period commencing 26 August 2011 until 26 August 2014.

The lead plaintiff is a young girl who is seeking protection from persecution who was detained on Christmas Island. She is represented by her litigation guardian Sister Brigid Arthur and is known as ‘AS’ in order to protect her identity.

Call for witnesses

Maurice Blackburn is seeking witnesses who may be able to give evidence for this class action concerning the detention of people seeking asylum on Christmas Island. If you or someone you know provided care or had contact with detainees between August 2011 and August 2014, you could provide important information.

We urge you to contact Maurice Blackburn on 1800 286 052 or ChristmasIsland@mauriceblackburn.com.au or the form below.

Witness contact form

FAQs - your questions answered

You are automatically a member of this class action if you sought asylum and you were detained on Christmas Island at any time in the period commencing 27 August 2011 until 26 August 2014 and:

  • were injured or pregnant while in detention, and
  • suffered an injury or the exacerbation of an injury due to the Commonwealth’s failure to provide you with adequate medical care.

If you fit this description, you do not need to contact Maurice Blackburn or speak to a lawyer or do anything else to be included in the case.

The benefit of running this case as a class action is that people fitting the criteria will benefit from the case even if they have never spoken to Maurice Blackburn.

If you meet the criteria of the class but do not want to be a part of the class action, you will be given the option not to be included in this action by saying you want to opt out.

The trial of this case may take some time. However, if it is resolved in favour of the class, at that stage people who meet these criteria will be invited to contact Maurice Blackburn to register their details. There is no need to contact Maurice Blackburn before this time. We encourage you to regularly check our website for updates regarding this case. 

Maurice Blackburn is running this case pro bono. This means that it is free for people to be members of the class, and they will be not be responsible for any costs associated with the legal action.