Joanne Darcy was 19-years-old when she was sent to the Kanangra Centre, an isolated institution at Morriset in NSW. She was held there for six years without a court order. Now she’s suing for unlawful detention.

Joanne’s mother, Diane Aldridge, gave evidence last month before Judge Johnstone at a District Court hearing in Sydney. She was representing her daughter (pictured), who has an intellectual disability.

Speaking outside the court, Diane Aldridge said: “At the time, I didn’t really understand why it was happening to Joanne. Now, looking back on it, I think someone should be accountable for holding her there for so long.

“She shouldn’t have been there. They should have got her out of there sooner than they did.”

The Public Interest Advocacy Centre (PIAC) has been Ms Darcy’s solicitor since she lodged her claim in 2007. The case is supported by the Legal Aid Commission, and she is represented by barristers Dr Chris Birch SC and Ms Kellie Edwards.

PIAC Senior Solicitor Natasha Case said the fundamentals of the case are about whether Joanne Darcy was detained at Kanangra against her will, and whether that detention had any lawful justification. 

Ordinarily, only a court has the power to order a person to be detained. This case asks whether Ms Darcy was detained lawfully, even though no Court ordered any detention.

According to Ms Case, PIAC has taken the matter on because it raises questions about the power of the State over personal liberty.

“The UN has recognised freedom from arbitrary detention as a fundamental human right in the Universal Declaration of Human Rights.

“The recognition and protection of this right is central to our legal and political system, and the effectiveness of our democracy,” Ms Case said.

Judge Johnstone has reserved his decision.