Police Listening to Phone Calls between Lawyers and Clients – The Erosion of Client Legal Privilege
Legal professional privilege, known in NSW as ‘client legal privilege’, has long been accepted as a central tenet of the justice system; providing that communications between lawyers and their clients should be exempt from disclosure. The privilege has been described...
Sydney Siege – How Was It Allowed to Happen?
The Sydney Siege has raised more questions than it has answered. If Man Haron Monis had survived Monday’s heinous crime, the charges he could have faced may have included detain for advantage, kidnapping, weapons charges, terrorism, murder - and the...
What is a Preventative Detention Order?
Being arrested and detained without being formally charged is considered a breach of human rights in many countries. But counter terrorism laws allow police in NSW to arrest and detain a person as a “preventative” measure against terrorism, without charging...
Will Captured Australian ISIS Fighters Get the Death Penalty?
Although the death penalty has been outlawed for many years in Australia, this doesn’t mean that Australians are immune from receiving the death penalty if they commit a crime overseas. This is particularly relevant for Australian nationals who may be...
Terror: On Words, Power and Perception
The stock-in-trade of the media is words. Sometimes dry, sometimes emotional, these words greet the public with an air of factual authority – whatever the platform. Recently in Australia reportage on the topic of ‘terror’ has been thought-provoking at times,...
Navy Officer Falsely Claims that ‘Men of Middle Eastern Appearance’ Assaulted and Threatened to Behead Him
A 41-year-old member of the Australian Navy claimed that he was attacked outside his home in Bella Vista, North-West Sydney, while wearing his navy uniform. He claimed his attackers were two men of middle-eastern appearance and that he suffered bruising...
Should ASIO be Trusted with even More Power?
The ASIO officer drew a ‘Y’ in the sand with a stick. He looked across at the 21-year-old university student and pointed to the intersection of the Y. He said: “We’ve got two choices. We can go down the difficult...
Torture is to be ruled out under Proposed Terrorism Laws
We recently published a blog looking at some of the implications of the National Security Legislation Amendment Bill. This Bill exempted ASIO officials from criminal charges and civil liability in some circumstances – ones that could include the use of...
Proposed Law could allow ASIO to use Torture when Investigating Terrorism
On September 18, ASIO conducted what has been called the largest anti-terrorism raids in our history. Over 800 specially trained officers conducted raids on 25 houses across Brisbane and Sydney. Two people were arrested, and one charged. While the threat...
Do we have Adequate Safeguards against False Imprisonment in NSW?
Back in 2009, one lawyer managed to score a satisfying victory in court after police officers falsely arrested her. 57-year-old Andrea Turner was on a train and on her way to a bush walk. A police officer doing a routine...
