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?
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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.
As we take necessary steps towards shedding discrimination in relation to marriage in Australia, we must also consider removing it from our legislation.
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.
Few in Australia understand the context and true meaning of customary law. Denials of its validity are often based on ignorance or on specific examples devoid of context.
People with cognitive impairments are entitled to opportunities to engage meaningfully in society, so there must be legal reform to enable this.
Sex workers in South Africa are all potential criminals due to the country’s regressive laws. But their status may change soon, making South Africa the first African country to decriminalise sex work.
South Africa’s Constitution enjoins government to act “reasonably” in ensuring that basic socioeconomic rights are progressively realised. But the government has limited resources.
Imposing significant restrictions on the liberty of a person found not guilty subverts the ordinary criminal justice process.
Banning pedestrians from using their phones seems a natural extension of the prohibition against mobile phone use while driving.
It isn’t just the ‘bad guys’ who are exposed to restrictive powers and tougher penalties. Anyone whose behaviour is regarded as a public safety risk is potentially in the frame.
The royal commission’s recommendations seek a complete transformation of Victorian family violence services, and the state’s prevention of and response to family violence.
The Australian Law Reform Commission has given George Brandis a report that does all that it reasonably could, while falling well short of what it was asked to do.
Australian parliaments routinely legislate in respect of socially contentious issues without resorting to plebiscites or referenda.
Queensland, New South Wales, Victoria and South Australia have introduced restrictive “consorting” laws. But are the laws justified? Are they an efficient and effective way to combat organised crime?
The legal status of private security staff is, for the most part, decidedly uncertain.
It’s not good to make law changes as a knee-jerk reaction, but in the case of insolvency and gift cards, it’s time.
In a world first, Victoria plans to retrospectively open the records of formerly anonymous sperm donors to all donor-conceived people. A system of contact vetoes aims to manage the privacy concerns.
At a time when Australia is discussing the adequacy of legal responses to domestic violence, decisions that serve to lessen the culpability of men’s violence against women are undoubtedly concerning.
Despite the many people with mental illness who go to prison, successful defences of mental impairment are rare. But this is not a ‘get out of jail free’ card and should be more accessible.
Principais colaboradores
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Professor (Practice), Faculty of Business and Economics, Monash University, Monash University
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Professor, Family and Sexual Violence, RMIT University
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Arie Freiberg é um amigo do The Conversation.
Emeritus Professor of Law, Monash University
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Associate Professor, School of Law, University of Canberra
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Criminal Law Researcher, Deakin University
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Emeritus Professor of Law and Criminal Justice, University of South Australia
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Eleanor Rathbone Chair of Sociology, University of Liverpool
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Professor of Law; Kim Santow Chair of Law and Social Justice, University of Sydney
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Emeritus Professor Monash University, Monash University
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Lecturer in Law, University of Adelaide
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Professor, Centre for Women's Studies & Gender Research, Sociology, Monash University
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Senior Lecturer, Griffith Criminology Institute, Griffith University
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Professor of Law, UNSW Sydney
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Associate Professor of Criminology, Monash University
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Scientia Associate Professor of Criminology, UNSW Sydney
