CLA proposes three-tier inquiry system for nation
style="border: 0pt none; margin: 5px; float: left;" title="Prof Les McCrimmon, head of the ALRC inquiry, with Dr Kristine Klugman, president of CLA, at a consultation about the Royal Commissions project in May 2009." src="/images/McCrimmonALRCKrisK090515.jpg" alt="Prof Les McCrimmon, head of the ALRC inquiry, with Dr Kristine Klugman, president of CLA, at a consultation about the Royal Commissions project in May 2009." Investigatory bodies acting for society - from community inquests through civil inquiries to national commissions - should involve panels, act in a coordinated way, and share resources, building a reservoir of intelligence and expertise over time, CLA says in its submission to the ALRC's inquiry into Royal Commissions. CLa also proposes a novel approach to the problem of excessive media reporting subverting the import of any inquiry. (Photo: Prof Les McCrimmon, head of the ALRC inquiry, with Dr Kristine Klugman, president of CLA, at a consultation about the Royal Commissions project in May 2009.)
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Government approaches murder law with poor intent
Ignoring Ausralia's agreed Model Criminal Code would be a mistake, CLA has advised the ACT Government as it plans to fiddle with the mens rea (having intent) provisions of murder law, possibly as a reaction to one horrific case.
Should bureaucrats have access to your health files?
Should Medicare bureaucrats be able to pry into your personal health records whenever they like? No, CLA says...but Medicare is proposing new legislation so public servants could peer into your detailed doctors' files, and at the same time put doctors through totally unnecessary and excessive record-keeping hoops.
Read more »...Crime commission laws must comply with treaties
States must take cognisance of international treaties ratified by Australia, and no law does the nation a service when it tramples on centuries-old conventions against self-incrimination. CLA's analysis for the NSW Parliament's ICAC committee cautions against creatively-written amendments inequitably extending the creeping powers of crime commissions.
Propose ways to resolve disputes more easily
An issues paper on 'Alternative Dispute Resolution in the Civil Justice System' has been released by the National Alternative Dispute Resolution Advisory Council (NADRAC). The aim is to develop a way for people to resolve legal disputes in a simple, fair and cost-effective manner. Submissions due by 15 May 09; report to the Attorney-General due by 30 Sept 09.
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Government reviewing how it buys legal services
The government is holding a major, seven-month review into how to curtail legal costs, after its bill rose from $408m in 2006-7 to more than $510m in 2007-8. Sibylle Krieger and Tony Blunn have to report by end-October 2009.
Liberties fade away, off mainstream radar
Liberties can be lost 'off the radar' when governments amend legislation that doesn't impact on the majority. The federal Proceeds of Crime Act is being reviewed, and there are fundamental liberties and rights issues in the new draft that need public airing and debate, rather than passing quietly without close parliamentary scrutiny.
*%$#@, just get rid of blasphemy entirely!
Blasphemy should be eliminated from the 21st Century legal lexicon. The antidote to blasphemy is a flood of free speech. Australians have always put their faith in freedoms: whatever restricts freedom, restricts our nature and our nation. Read CLA's submission to the Australian Human Rights Commission inquiry.
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Australia Day Letters - 2009
Civil Liberties Australia each year selects 2-4 topics for Australia Day, drawing the attention of people in positions of power to opportunities for change and improvement in Australian society, or to problems that need fixing.
The 2009 letters cover:
- Establishing a Liberties/Rights Committee of Parliament;
- Issues relating to captives taken by Australian troops;
- Adequate parliamentary representation for disempowered citizens;
- Reduce the indigenous numbers in jails in WA.
CLA letter gets Privacy Comm. action
CLA has motivated the Privacy Commissioner, a national statutory office holder, to investigate how young people's privacy is almost certainly being abused by nightclub owners, who photograph, fingerprint and data log patrons before allowing them in. Read the Office of the Privacy Commissioner's letter, and the CLA request letter that got things moving.
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