There are calls for a new offence, to cover cases where an alleged offender engages in non-consensual sex through recklessness.
Criminal trials may hold offenders to account but they are far from perfect. The Victorian Law Reform Commission is looking at how restorative justice could be used for sexual offences.
A major review on sex work laws has just been handed to the Victorian government.
Queensland and the ACT have just passed bans on conversion therapy. But this is far from enough to protect LGBTIQ people from this harmful practice.
The best interests of the child require detention to be used as a last resort.
Given their ability to accept correction, children have a better claim to rehabilitation, reorientation and reintegration.
Witness K’s lawyer Bernard Collaery addresses outside the Supreme Court. Australia’s laws have shown they don’t do much to protect whistleblowers acting in the public interest.
Australian laws make it inevitable for whistleblowers to be charged whenever national security might be involved, even when the information is in the public interest.
A new book by ABC journalist Jess Hill is the result of four years’ investigation into the problem of domestic violence.
A new book scrutinises the social and psychological causes of domestic abuse, its terrifying consequences, particularly the impact on children, and the failure of our legal and social institutions to adequately respond.
Audio used as evidence in criminal trials can often be unreliable.
David Z Cheng/Shutterstock
Indistinct forensic audio is often 'enhanced' to make it sound clearer. But how effective are the techniques that are used? A new experiment suggests they can be highly misleading.
No-fault divorce, or no reason at all – how a revolution in divorce law has come about.
The High Court found that Michael Trkulja could sue Google for defamation due to search results that potentially indicated that he had ties to Melbourne’s criminal underworld.
Google has lost a High Court appeal in defamation litigation brought by Michael Trkulja. It is time to consider that extending "safe harbour" to Google may be a good idea.
Australian governments have too often succumbed to perceived community pressure to limit parole authorities’ independence and powers.
Government and judicial interventions into the decisions of parole boards display a progressive loss of faith in these independent bodies.
The cost of incarceration of Indigenous Australians in 2016 was estimated at A$3.9 billion.
Fines for minor infringements and offensive language crimes are among laws that create a cycle of poverty and disadvantage for Indigenous Australians.
George Pell emerges from court during his committal hearing on historical sexual offences.
George Pell's current committal hearing engages the principle of 'open justice' and some of its most important exceptions.
In Australia, a victim’s right to participate and be heard in parole decisions is enshrined in legislation.
Upholding victims' rights on parole decisions means respectfully enabling their active participation in decisions that affect their personal interests.
A new Victoria Police strategy represents a major milestone in the evolving police approach to family violence.
Under recently announced Victoria Police changes, family violence will be investigated as major crime by specialised units.
YouTube and Facebook are protected from Australia’s copyright laws, since they already operate within the US safe harbours.
The government’s latest Copyright Amendment Bill is a step in the right direction, but it doesn't do enough to foster innovation.
Former TV reporter Ben McCormack’s lawyer suggested McCormack’s online chats discussing child sex abuse were ‘fantasy talk’.
There are some online child sex abuse offences in Australia for which a defendant’s claim that they were purely fantasising could excuse criminal liability.
The offence of controlling or coercive behaviour is distinctive because it protects victims from psychological abuse.
Psychological abuse of intimate partners is a public health problem, and is not well-regulated by the law.
The redress scheme cannot be a truly ‘just response’ if it says some kinds of victims simply don’t count.
The government's proposed redress scheme for victims of institutional child sexual abuse controversially excludes some victims.
Victoria’s Sentencing Advisory Council has recommended increasing the judicial monitoring of family violence offenders.
The enthusiasm around swift, certain and fair approaches to sentencing offenders may not be backed by evidence.