Amid the babble of media speculation and deafening silence of suppression orders surrounding the death of a prisoner at Barwon Prison this week, you may have missed the more significant news (in a lasting sense, at least) that the Commonwealth government have decided against a Federal Bill of Rights.While there's a promise to review it …
Tag: human rights
Providing police recordings allowed or not?
Dr Manhattan Edit: There were practical problems with the breadth of the original legislation, and it has no undergone a nip-and-tuck in the Justice Legislation Further Amendment Bill 2010. The Explanatory Memo to this omnibus legislation can be found here.Last year in Going Digital my colleague discussed what is now the Justice Legislation Miscellaneous Amendments …
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Charter restrictions on validity of search warrants?
Australian law is still not entirely certain if a Court can review the grounds for the issue of a search warrant.In Victoria, magistrates issue the bulk of search warrants under s 75 of the Magistrates' Court Act 1989.It's pretty settled now that a magistrate or justice's decision to issue a search warrant is an administrative, …
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Human rights, possessing drugs, and deeming provisions: Momcilovic decided
edit: Jeremy Gans has come out of blogging-retirement a second time to blog on this case. His piece is a cracker of a read, and aside from being a far more detailed analysis, also drives home the point that when all is said and done the Charter really is just another piece of legislation, which …
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Legislation Watch: Random stop and search
The Summary Offences and Control of Weapons Acts Amendment Bill 2009 had a trouble-free passage through parliament.On 10 November it had its First Reading in the lower house. Its Second Reading was moved two days later and was completed by the 26 November. It was introduced to the Legislative Council that same day, and was …