Section 18(7) of the Human Rights Act 2004 (ACT) confers a substantive statutory right to compensation for unlawful arrest or detention, notwithstanding the Explanatory Statement's denial of intent to create a new remedy. The statutory right is treated as co-extensive with the common law remedy for false imprisonment, meaning the quantum of compensation does not differ from that available under the general law. The Explanatory Statement and Presentation Speech cannot override the apparent meaning of the statutory text.
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