Section 18(7) of the Human Rights Act 2004 (ACT) does not create a freestanding cause of action for compensation or damages; the rights in Pt 3 of the HR Act are standards for interpretation and assessment, not independently enforceable rights. The expression 'unlawfully detained' in s 18(7) relates only to the legal justification for the deprivation of liberty and does not extend to breaches of conditions of detention under the HR Act or the Corrections Management Act 2007 (ACT). Morro v ACT is disapproved to the extent it held otherwise. The question whether more fundamental alterations to the character of detention (beyond conditions) might constitute 'unlawful detention' under s 18(7) remains open.
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