Index

That funny feeling in Division 105A of the Criminal Code: Benbrika and the INSLM Review

Samuel Naylor

On 19 December 2023, Abdul Nacer Benbrika was released from custody after being detained for the best part of 20 years. He was released after Hollingworth J of the Victorian Supreme Court made orders replacing a continuing detention order (CDO) with an extended supervision order (ESO) pursuant to div 105A within Pt 5.3 of the Criminal Code (Cth) (Code). Division 105A is a Commonwealth legislative scheme of ‘post-sentence orders’ (PSOs) whose object is:

… to protect the community from serious Part 5.3 offences by providing that terrorist offenders who pose an unacceptable risk of committing such offences are subject to [a CDO or ESO].

Read More

Corruption and Human Rights Sanctions in Australia: Where Public Law Meets Foreign Policy

Anton Moiseienko

In 2020, the Australian Parliament’s Joint Standing Committee on Foreign Affairs, Defence and Trade (JSCFADT) held an inquiry into the potential introduction of corruption and human rights sanctions, also referred to as ‘Magnitsky’ sanctions. The inquiry culminated in a report calling on the government to ‘enact stand alone …

Read More