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...
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.
CLA is concerned at the creeping trend throughout Australia to make more offences subject to "strict liability". That is government lawyer speak: it means that, under these new types of laws, you have to prove you are innocent rather than the government proving you are guilty, which has traditionally been the basis of Australian law. Here, in a letter responding to CLA's criticisms, is how the ACT Chief Minister tries to justify proposed new and badly-written laws over smoking in cars.
Search engines like Google and social media like Facebook are increasingly giving up people's private, personal data to police and spook agencies who demand it...as well as themselves 'mining' it for commercial advantage. We are becoming less an individual and more a cipher, but new products may emerge to allow people to choose greater privacy.
The ACT Government can learn from five years of disastrous practical experience in the UK of a security vetting system brought in to check up on community volunteers working with children. The UK system, on which the proposed ACT regime is based, is now being thoroughly overhauled by the British Government because they realised it was draconian, intimidating, bureaucratic and excessive...and inconvenienced nine million more volunteers than it should have.
A withering Ombudsman's report tabled in the NT Parliament is scathing about the recent failures of the Child Protection Agency and its master department to protect the Territory's vulnerable children. The report calls into question whether the NT public service is capable of managing its own child safeguards, or of competently delivering federal intervention programs. On the evidence of the report, the human rights of little children are much less than sacred in one-eighth of Australia.
Even with the annual Bass in the Grass music festival over for 2011, politicians in the NT continue to debate whether young people should be given messages on safe sex and free condoms at the event. Read what CLA says, what the NT News columnist Nick Calacouras thinks...and some differing and surprising opinions from politicians of the major parties.
Since Melinda Tankard Reist clearly trusts the judgement of the Classification Board (Canberra Times, Anti-exploitation campaigners urge ratings classification for art, 28 April 2011), she should be aware that the Henson images rated by the board were at most given a PG rating. This contrasts with something like the Bible, which the Board rightly recommends a Mature audience for.
The Human Rights Commissioner's 2004 report paved the way for release of refugee children from detention. We've regressed: now more than 900 kids are behind bars and razor wire. It's time for some moral leadership from the top, writes the author of that report, and CLA member, Sev Ozdowski.
Photo: Sev Ozdowski hands down the report in 2004.
Restorative justice aims to help victims of crime, turn prisoners into contributors, make prisons better for everyone, and send convicted criminals back into the community to NOT re-offend. Why isn't it in use everywhere? Brian Steels explains how it works.
Opening an Australian Institute of Criminology conference, Justice Minister Brendan O'Connor gave a good rundown of some projects nationwide – including some by the private sector – to help juveniles avoid becoming hardened criminals.
Editor, The Australian, Sir: Re 'Dads demand blanket DNA testing', The Australian 16 Feb 2011, p3.
I support men’s rights agency director Sue Price's call for mandatory DNA testing at birth, and Sole Parents Union president Kathleen Swinbourne urging uncertain fathers to seek testing during pregnancy. The Federal Government reports cite in the last four years 586 cases of men successfully using DNA testing to show that they were not biologically related to the children they had been financially supporting.
Restorative justice is a growing trend worldwide, but the concept needs better definition, more targeted use, better reporting and support from governments, Auneesh Kishore writes. His internship report, a joint undertaking with CLA and the Law Faculty of UNSW, lays the groundwork for further research on this important development in how society deals with criminality.
In Tasmania, puffers are duffers, councils say...as Hobart, Launceston and Burnie lead the way to ban smoking in public, under threat of a $120 fine. But do such paternalistic policies do more harm than good? The Australian Parliament has just issued a thought-provoking research paper.
The senior Law Officers - Attorney-General McClelland and Minister for Justice O'Connor – don't appear to be aware there is a major, six-month long inquiry into the Classifications (that is, censorship) scheme under way in the Senate. Instead the Lower House pair have told SCAG (see item below) that they are referring a new censorship inquiry to the Australian Law Reform Commission. Go figure!
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