The Victorian Department of Justice has released its long-awaited review into operation of the controversial offence of defensive homicide. The Consultation Paper proposes the offence’s abolition on the…
Sexting is back in the news for all the wrong reasons. Multiple incidents of teenagers circulating explicit images of other teenagers are under investigation in Victoria. It has emerged that Queensland…
The Victorian state parliament is currently considering the Open Courts Bill (2013) after questions have been raised about just how much transparency is needed in the justice system. The bill, proposed…
The tragic case of 88 year-old Cynthia Thoresen recently made headlines in Queensland. Mrs Thoresen’s sad decline and the extent of her injuries have been comprehensively documented. Despite shocking neglect…
I was absolutely mortified, horrified. Everyone had seen them … people would stop me in the street and recognise me. - “Helen”, aged 14 years “Sexting” (also known as “selfies” or “noodz”) refers to the…
The right to silence when being interviewed or questioned by police would be considered a fundamental legal right by many people. But it is not a “right” you can exercise in New South Wales any more. The…
In Parliament last week, NSW took steps towards better understanding, and potentially solving, the problems posed by the partial defence of provocation. A defence predominately used by men, provocation…
Circumcision lies at the crossroads of religion, custom, human rights, health, commerce, harm, and ethics. From high-profile court battles overseas to its recent inclusion on Channel Ten’s provocative…
Significant questions have been raised over the past three decades, most recently by Victorian Attorney General Robert Clark, as to the benefits of the pre-trial system. In particular, whether having so…
Picture this: you’re standing in a long, slow-moving queue. People around you are disgruntled and complaining. You turn to talk with the person behind you and someone else jumps the queue in front of you…
It is no surprise that Lloyd Rayney has chosen to have a judge sitting alone try the case against him rather than exercising his right to trial before a jury. Past media speculation, the high profile of…
The age of criminal responsibility acts as the gateway to the criminal justice system – under a certain age you are kept out. Most jurisdictions have this age barrier because it’s widely understood children…
A major Australian Islamic group recently argued for a formal recognition of sharia or Muslim law in the Australian legal system. According to the Australian Federation of Islamic Councils, Australia should…
While Australia makes much of its human rights standards in international dialogues, its own track record is variable to say the least – human rights concerns around the Northern Territory intervention…
Earlier this year, the Expert Panel on Constitutional Recognition of Indigenous Australians gave its final recommendations to the government. Recognition would acknowledge the unique place of Aboriginal…
The one recommendation of the Expert Panel on Indigenous Constitutional Recognition that everyone appears to support is the repeal of section 25 of the Constitution. Section 25 says that if a State law…
Watching other people is human. It’s why TV shows like Big Brother, and paparazzi magazines flourish. But while some people choose to expose private moments, others do not. And Australian law doesn’t always…