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ABC News
ABC News
National
By Steven Schubert

NT reaches legal settlement with former Don Dale detainee Dylan Voller

Dylan Voller wants to help other teens, as part of his own road to healing.

The Northern Territory Government has reached a legal settlement with former Don Dale detainee Dylan Voller but will not say how much, if anything, it has paid out.

Mr Voller's claim related to being gassed while held in a cell in the Behaviour Management Unit (BMU), as revealed by ABC's Four Corners, whose report sparked a royal commission.

He also claimed he was held in isolation for periods longer than permitted by law.

A spokesperson for the department which runs the youth justice and child protections systems, Territory Families, confirmed to the ABC the matter was "finalised".

However, the spokesperson said they could not give any details on what that meant due to "confidentiality obligations".

Mr Voller also declined to comment.

Claims of assault, false imprisonment

In his original statement of claim filed in March 2016, Mr Voller alleged he was falsely imprisoned by being held in the isolation cells in the BMU at Don Dale for longer than was allowed by law.

The claim said he was held for 72 hours in the BMU under the act, but was then kept in the cells for a further five days, in contravention of the Youth Justices Act.

Mr Voller also claimed he was assaulted when tear gas was used on him while in his cell at the BMU, when another detainee had gotten out of his cell.

But a judge in another law suit brought by four other young men who were also in their cells in the BMU when tear gas was used found the use of the gas was appropriate.

Justice Judith Kelly found the use of tear gas had been "reasonable and necessary", and that guards had no other "reasonably available option to use less force, without risking the safety of detainees and staff".

In that matter, Justice Kelly awarded three young men $12,000 each, while the fourth received $17,000 for other assaults against them.

A class action for other detainees in Don Dale has been launched, but could take years to reach a trial or a settlement.

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