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Articles on Law reform

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Adam Briggs and Trials from A.B. Original, winners of this year’s AMP Australian Music Prize, use swearing to make a political point in their music. Tracey Nearmy

How pop culture can (and should) change legal views on swearing

The pervasiveness of profanity in popular culture underscores the absurdity of punishing people for using words broadcast on our screens and heard in our music.
Giving a reference is protected, in defamation law, by the common-law defence of qualified privilege. shutterstock

Can you sue someone for giving you a bad reference?

In many cases, a reference will contain negative things about its subject. This is part of a reference’s design: the referee should give a full and frank assessment.
Daniel Andrews has announced reforms to Victoria’s bail laws following the events in Melbourne’s CBD last Friday. AAP/Angus Livingston

After Bourke St, Victoria should not rush in on bail reform

Australia needs to be very careful not to allow the bail system to become a political scapegoat at the hands of commentators exercising 20/20 hindsight.
Victorian premier Daniel Andrews announced his government would be putting a bill to legalise assisted dying to parliament next year. JULIAN SMITH/AAP

Victoria’s model for assisted dying laws may be narrow enough to pass

Victoria stands a chance of becoming the first Australian jurisdiction in 20 years, and the first ever Australian state, to have an assisted dying law.
Should the government be able to use intellectual property laws to control who can criticise its health policies by using the Medicare logo? AAP/Joel Carrett

Medicare logo case shows the urgent need to update Australia’s IP laws

Using intellectual property laws to try to shut down Mark Rogers’ ‘Save Medicare’ website shows how these laws serve to restrict free speech and advance government privatisation agendas.
In just four swipes on the interface of your phone, another person can access a wealth of your personal information. shutterstock

‘You’ll need my fingerprint’: are police allowed to search your phone?

In what circumstances can police search your phone? Must they obtain a search warrant? And what will happen if you refuse to provide your passcode or fingerprint required to access your phone?
How effective are drug-detection dogs in minimising harm? AAP/Paul Miller

Why drug-detection dogs are sniffing up the wrong tree

Drug-detection dogs don’t stop most drug use. And they have been shown to encourage more dangerous practices, criminalise and traumatise marginalised groups, and render all as potential suspects.
It will take a whole-of-community effort to challenge child abuse material and prevent such sexual violence and abuse before it occurs. shutterstock

It takes a village: law reform can’t be the only response to online child abuse material

The Victorian government will bring its laws up-to-date with new forms of exploitation and abuse of children and young people that are associated with communications technologies.

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