The Foetal Manslaughter Debate. Should Unborn Babies be Separately Protected?
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...
The Duty of Disclosure in Criminal Cases
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...
Anti-Fake News Laws: Preventing Misinformation or Silencing Dissent?
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...
Victoria Increases Police Powers and Removes Legal Safeguards
The recent weeks, the bulk of Victoria’s Justice Legislation Amendment (Terrorism) Bill 2018 has been enacted, which the state government claims will better protect the community against the threat of terrorism. The changes include new powers for police to detain...
Justice Reinvestment Helps Reduce Crime in Bourke
Focusing on community-based crime prevention initiatives through the ‘justice reinvestment’ program has seen crime rates plummet over the past five years in the far western New South Wales town of Bourke. The success further bolsters the argument that investing in...
Free Public Transport for the Homeless in Victoria
Victoria has commenced an initiative which gives free public transport to the homeless and other financially disadvantaged people in the state. The year-long trial is offering weekly and monthly passes to the indigent, with a view to making it easier...
New Zealand Customs Can Now Require Your Passwords
New Zealand is reported to have become the first country in the world to pass laws requiring travellers to reveal their personal passwords to electronic devices such as phones and computers at the border, and Australia is likely follow in...
Is Hazing a Criminal Offence?
As stories continue to emerge of dangerous and sadistic initiation rituals on University campuses, it’s interesting to explore where ‘hazing’ stands in terms of the law in New South Wales. Earlier this year, the Red Zone Report into Australian universities...
Defamation Laws Restrict Public Accusations of Sexual Misconduct
A recent report by the Australian Human Rights Commission (AHRC) suggested that workplace sexual harassment is on the rise across the nation. But while the global #metoo movement has encouraged complainants to come forward and report sexual misconduct, journalist Ronan...
What is the Law on Defamation in NSW?
Defamation is normally thought of as an act which can attract civil liability. Indeed, a whole piece of legislation is dedicated to the rules relating to the tort of defamation in New South Wales, and there is a wealth of...