Strano v ACT

[2017] ACTCA 51

ACT Court of Appeal

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Interrogate

Catchwords

1. Limitation of Actions
2. › Accrual of cause of action
3. › Statutory cause of action for unlawful detention
4. › Whether cause of action accrues on release from detention or on discovery of unlawfulness
5. › Limitation Act 1985 (ACT), s 11
6. › Human Rights Act 2004 (ACT), s 18(7)
1. Human Rights
2. › Human Rights Act 2004 (ACT)
3. › Right not to be arbitrarily detained
4. › Compensation for unlawful detention
5. › Whether s 18(7) creates cause of action with different accrual date from common law tort
6. › Human Rights Act 2004 (ACT), s 18(7)
1. Statutory Interpretation
2. › Interpretation consistent with human rights
3. › Whether limitation provision ambiguous or unreasonable
4. › Whether discoverability principle applies to statutory cause of action
5. › Legislation Act 2001 (ACT), ss 138, 139
6. › Human Rights Act 2004 (ACT), s 30

Quick Take

A cause of action under s 18(7) of the Human Rights Act 2004 (ACT) for unlawful detention accrues on the date of release from detention, not on the date the claimant discovers the unlawfulness. Section 11 of the Limitation Act 1985 (ACT) is not ambiguous and does not require interpretation by reference to a discoverability principle under s 30 of the HRA. The question whether s 18(7) gives rise to a cause of action at all remains open.