Australia is the only settler colonial nation not to have entered into treaties with the First Nations of the continent. Indeed, it wasn’t until the 1992 High Court of Australia Mabo decision that the nation actually recognised Indigenous peoples’ prior claim to the land. The Mabo decision led the Keating government to pass the Native Title Act ...
Blog Articles
Death Count Soars as Epidemic of Violence Against Women Continues
Since the beginning of this month a total of eight women have been killed violently in Australia. In at least seven of the cases, the victims knew the men who murdered them. And yet, no national outcry has occurred, and no politicians have called for action to be taken on this national epidemic. On 2 ...
Authorising the Unlawful: The Powers of Undercover Police in NSW
By Paul Gregoire and Ugur Nedim An unidentified man was sentenced to more than 10 years in prison last February for his part in the robbery of an Armaguard truck outside a Sydney shopping centre back in March 2013. However, police were initially concerned they didn’t have enough evidence to see him convicted. When the man ...
Which Cases Are Heard in the Children’s Court?
The Children (Criminal Proceedings) Act 1987 (‘the Act’) sets out many of the rules relating to criminal and traffic law proceedings involving those under the age of 18 years in New South Wales. Section 5 of the Act provides that no child under the age of 10 can be guilty of an offence. This is ...
The Foetal Manslaughter Debate. Should Unborn Babies be Separately Protected?
By Zeb Holmes and Ugur Nedim Currently in New South Wales, a person who destroys a foetus can be charged with causing grievous bodily harm against the mother, but not with a separate crime such as manslaughter or murder against the unborn baby. However, a recent collision which caused the death of a 23-year old ...
Religious Freedom Laws: PM Proposes Schools Can Sack Teachers, but Not Expel Students
Following the leaking of a section of the Ruddock religious freedoms review last week, Scott Morrison spoke out in support of recommended strengthening and clarification of federal laws that allow religious schools to discriminate against students and teachers on the basis of their sexuality. Indeed, Morrison appeared in a clip where he smugly reiterated a total of ...
The Duty of Disclosure in Criminal Cases
By Zeb Holmes and Ugur Nedim Under both the common law and professional conduct rules, Australian prosecutors are required to serve upon the defence all material in their possession that is relevant to determining the guilt or innocence of the defendant. That requirement extends to material that is adverse to the prosecution case, and is ...
What are the Penalties in the Children’s Court?
The age of criminal responsibility in New South Wales is currently 10 years, which means children who are 10 years and older can be charged with a criminal offence and sent to court. Those under the age of 18 are normally dealt with by the children’s court rather than the local, district or supreme courts ...
Peter Dutton’s Office Under Investigation
The Australian Federal Police (AFP) is investigating the Home Affairs Department over allegations it leaked material regarding Peter Dutton’s visa grants to two au pairs. The AFP was put on high alert about a month ago, when several emails were leaked which suggested that Mr Dutton went out of his way to prevent the deportation ...
Anti-Fake News Laws: Preventing Misinformation or Silencing Dissent?
By Paul Gregoire and Ugur Nedim Fake news is a fairly recent concept that has accompanied the rise of social media. And concerns about the spread of false information have become more intense following allegations of the Russian use of misinformation to influence the 2016 US elections and Brexit vote in the UK. Ironically, the benefactor ...