The judgment (which appears to be incomplete as published) addresses vicarious liability of the Northern Territory for alleged sexual abuse of a juvenile detainee by a youth justice officer at Don Dale and Wildman River Camp between 2000 and 2005. The defendant conceded vicarious liability and breach of duty of care if the alleged conduct was proved, so the sole contested issue was whether the plaintiff discharged the civil onus of proving the sexual abuse occurred, assessed under the Briginshaw standard as codified in s 140 of the Evidence (National Uniform Legislation) Act 2011 (NT). The Court extensively canvassed the plaintiff's evidence, the defendant's evidence from former staff, and the documentary record including daily journals, movement logs, and workers' compensation records, but the judgment as provided does not include the Court's ultimate findings or orders on liability or damages.
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