C of Brisbane on Freedom for the stupid is important too
margaret barstow on Making prison(er)s work better
Ed on Beef up public access to FOI, expert says
Jacek on 'Black fellow' tag costs man his job
Banning flag burning would be doubly unproductive, CLA says in response to an RSL call for a new law to that effect. Australian Diggers fought to ensure Australians enjoyed freedom of expression, which a ban would do away with. As well, forbidding flag burning could well be a strategic error: police might like to identify who is so hostile to Australia they are prepared to burn the flag.
The anomalous situation of the Family Court in WA, and the need for better resourcing of family courts everywhere, are poignantly highlighted after the tragic deaths of a mother and her two children from a family caught in a long-running dispute. Peter Dowding explains the court's problems...
Mark Summerfield, a patent attorney, analyses the current UK alleged piracy/copyright extradition case with major international ramifications. As well, there's links to the NYT coverage of proposed new US laws which are even more draconian, and to an SMH story of the real-life experience of an Australian extradited and jailed in the US for a similar 'offence'.
It's not often you get a chance to profoundly make the nation a better place, but new Homes and Homelessness Minister Robert McClelland has just such an opportunity. He needs to gather disparate policies across portfolios and stop them pulling in different directions to the detriment of Australia's downtrodden.
People found innocent in court are fully exonerated, and should be treated that way, CLA's Rex Widerstrom says. With the hideous offence of sexual assault of children, it is better to focus more resources on programs to prevent the crime rather than to concentrate on police task force investigation after the event, he says.
Just like any other government initiative, law and order measures – such as extra police, tougher penalties, etc – should be evaluated for cost-benefit success or cost-effectiveness by an independent agency, says crime bureau chief Don Weatherburn. And he says, we need a better informed public and more rigorous scrutiny by the media.
In spite of immensely powerful criminal laws, police always lobby for 'tougher laws' and 'steeper penalties' whenever a nasty crime hits the headlines, even when crime is rapidly falling, says Dr Buck Emberg. They should just get on with it, he says, and deliver simple law and order to the people who pay their salaries.
Terry Briscoe died in custody in Alice Springs early in 2012. Police say he fell and hit his head, soon after dying of cardiac arrest. People arrested with him allege police officers bashed him. CLA doesn't know which is correct, but we do know that both police and the NT justice system are on trial in this case. CLA believes interstate police should be called in to assist the coroner's investigation, rather than NT police investigating their own. Here is an open letter from the dead man's uncle to the Chief Minister of the NT.
...and NT Police Association chief Vince Kelly has penned an impassioned letter about Aborigines in the NT, in which he defends his police officers and asserts there was no bashing.
Civil liberties and human rights often involve finely-balanced judgements. In homelessness and welfare, resources are limited so tough decisions are needed. But natural cultural restraint can cost some people much-needed help, particularly Australia's Indigenous peoples. A CLA Darwin member cites some examples.
Information Commissioner Prof John McMillan has agreed to highlight the risks surrounding biometric technology to both government and the private sector in future. His positive response follows a campaign by Civil Liberties Australia, the Australian Privacy Foundation and others over many months to raise appropriate awareness among those choosing security systems.
A simple signature on a treaty, which the Labor Government has promised for more than four years, would bring relief to people penned behind bars these holidays. CLA is a signatory to a letter asking new Attorney-General Nicola Roxon to sign the Optional Protocol to the Convention Against Torture (OPCAT) and cruel, inhuman or degrading treatment or punishment. With a stroke of the pen, a formal inspection regime would open up Australia's dark places to the light of external scrutiny.
CLA's National Liberty Tree will be a symbol for numerous generations to come, President Dr Kristine Klugman said as she joined the former ACT Chief Minister Jon Stanhope and seven-year-old Charli Withers to plant the magnificent Kurrajong specimen at the National Arboretum in Canberra. The tree honours Mr Stanhope's introducing the first human rights act in Australia on 1 July 2004 (the day Charli was born) and his lifelong commitment to liberties and freedoms; it now sits in pride of place, at the crown of the area for ceremonial plantings by kings and PMs, where it will in future form part of a citizen's pilgrimage to his/her national capital from around the nation.
Caption: Charli Withers, Dr Kristine Klugman and Jon Stanhope plant the National Liberty Tree.
The High Court has ruled that the Australian government – diplomats and police mainly – abused legal processes in assisting the deportation of Julian Moti, former Attorney-General of the Solomon Islands, to Brisbane to face age sex tourism charges. Moti is now free to seek an apology and compensation for the politically-inspired misery visited on him for four years. The Moti Farce marked a low point for the Howard/Downer axis in foreign affairs, writes CLA's CEO, Bill Rowlings.
From a bygone era, CLA's Keith McEwan tells a story of how both lecturer and students learned when the Army decided its officers should know something about the motivations and culture of Communists in Australia. Perhaps it's time Defence asked similar questions about its own internal culture today?
Human rights law works best when it tweaks the ordinary law to be more uniform, fair, and understandable by the average citizen. In the ACT, the Legislative Assembly has its first chance to achieve those tri-aims by reforming the Bail Act: Human Rights Commissioner Dr Helen Watchirs makes out the case for positive legislative action.
Government attempts to tackle the Mr Bigs of crime in Australia often end up punishing the Mr and Mrs Littles and their innocent children. At a parliamentary hearing, CLA CEO Bill Rowlings has called for uniform justice throughout Australia, laws which meet the high standards of international convention obligations we have signed, and removing mandatory clauses which prevent judges exercising the full range of punishment options.
How come many hundreds of personnel carrying weapons, some who almost certainly have committed crimes under international law, can enter Australia without Customs or security questioning, Humphrey McQueen asked in a speech outside Parliament House during the US President's visit? In truth, there's a wide range of Americans we would welcome to this country, historically or currently, but it doesn't include members of the Obama Gang, he told the audience.
The Father of Freer Information in Australia, Senator John Faulkner, has given his creation – the Office of the Information Commissioner – a tick for achievements in its first 12 months. But he has reminded the Information, Privacy and FOI Commissioners that the big battles are still ahead, and that government information is a national resource.
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