Category: Human rights (page 1 of 3)

Knight’s Watch: Ad Hominem Parole Legislation Hits the High Court

BY SARAH MURRAY

Section 74AA of the Corrections Act 1986 (Vic) is an extraordinary provision. Ad hominem in nature, it is directed at Julian Knight. Knight, perpetrator of the Hoddle Street massacre, was sentenced in 1988 by the Victorian … Read the rest

Plaintiff M96A and the elusive limits of immigration detention

BY SANGEETHA PILLAI

In Plaintiff M96A/2016 v Commonwealth, the High Court unanimously held that a mother and daughter, who were transferred from detention in Nauru to Australia to obtain medical treatment, were validly held in immigration detention during their … Read the rest

Human Rights To BREXIT …. And Beyond

BY CONOR GEARTY 

It is not a misguided nostalgia for colonial control to say that developments in UK human rights law have long had an influence on Commonwealth jurisdictions, especially in those where there are continued close alignments with the … Read the rest

Committees in Dialogue: Parliamentary Scrutiny of the High Risk Terrorist Offenders Bill

BY SARAH MOULDS

The Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 (Cth) (the Bill) provides for the continued detention of terrorist offenders in prison, after their sentences have been served, where the offender poses an unacceptable risk to … Read the rest

Racial vilification – experiences from the frontline

A Cody and M NawazBY ANNA CODY AND MARIA NAWAZ

The long-running debate over whether section 18C of the Racial Discrimination Act 1975 (Cth) (the Act) should be repealed or amended seems set to continue. The government has asked the Parliamentary Joint Committee on … Read the rest

The Principle of Legality and Section 32(1) of the Charter: Same Same or Different?

bruce-chen

BY BRUCE CHEN

The principle of legality and s 32(1) of the Charter of Human Rights and Responsibilities Act 2006 (Vic) (‘Charter’) are both directed at the interpretation of legislation with, broadly speaking, similar objectives directed at the protection of … Read the rest

Australia’s South Sea Islanders – still paying for the law’s failure

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BY PETER PRINCE

‘[I]f you have hundreds of years of racial discrimination, it’s likely that the vestiges of that discrimination linger on – and we should acknowledge that and own that’ – President Barack Obama

Emelda Davis of the Australian … Read the rest

Marriage Equality/Inequality, Religion and the Constitution

Luke Beck

BY LUKE BECK

The debate on marriage equality looks like stepping up a gear with the re-elected Turnbull Government reaffirming its intention to hold a plebiscite on the issue. As the as-yet-unconfirmed date for the plebiscite approaches, we can expect … Read the rest

The Dangers of Sunsets in National Security

Jessie-Nic photo BY JESSIE BLACKBOURN AND NICOLA MCGARRITY

The Independent National Security Legislation Monitor (the Monitor), Roger Gyles QC, is currently undertaking a review into the coercive questioning and detention powers of the Australian Security Intelligence Organisation (ASIO). These powers are subject … Read the rest

PNG’s Supreme Court and Manus Island

Blackshield

BY TONY BLACKSHIELD

On Tuesday the Supreme Court of Papua New Guinea held that the detention of asylum seekers on Manus Island was unconstitutional. The Court ordered that the governments of PNG and Australia ‘shall forthwith take all steps necessary … Read the rest

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