Children’s brains have not formed until well into their teenage years, so they are not mature enough to acquire the intent for full criminal responsibility under the age 16, CLA argues in its submission to the national working group preparing advice for all Attorneys-General on the age of criminal responsibility. CLA also believes that no child under 16 should be detained in a jail-like setting, and mandatory sentencing should be abandoned by all jurisdictions for children under 16.
The governments’ proposed Religious Freedom laws would legitimise discrimination in the name of religion, undermine states’ rights, discriminate against non-believers, and generally make employment provisions in the health and education sector a minefield for anyone other than highly-qualified lawyers. As well, the laws would further entrench tax breaks for organisations that don’t provide the services to earn them. The government can do much better: a fundamental redrafting of the proposals is needed, CLA says.
Prisoners should undergo health, mental health and education level checks on entry for baseline measurements to check how rehabilitated they are when eventually released, CLA proposes in a detailed submission to the Queensland Productivity Commission’s current major inquiry into prison reform.
The federal government is likely to keep inquiring into religious freedoms in the new parliament from May 2019, because it can’t make up its mind how to reconcile giving priority to Christian religious beliefs in a secular society mandated by the Australian Constitution. The latest of many inquiries has just reported, and it at least had the good grace to quote the sensible observations of CLA.
Minister Peter Dutton is conducting a sham ‘consultation’ after which he will determine “arrangements that govern the protection and management of identity information”. In other words, a man on record 16 years ago as demanding wholesale sharing of personal information across police, security and all government bodies is about to decide whether we get a national ‘Australia Card’ ID system or similar open-slather access to your private information. CLA’s submission says he’s the wrong man, it’s the wrong department, and any inquiry into personal ID rules should be run with equal numbers of rights, liberties and IT gurus as part of a balanced review panel.
A parliamentary inquiry into how Big Government screws the little guy and small business in court is struggling to have its voice heard. A Senate committee’s investigation of a proposed law to fix the problem was announced in November 2017, but the committee’s report now been postponed, for the fourth time, to 7 December 2018. That’s a day after the last sitting day of the year for parliament. If an election is called early in 2019, we may never get to see why the government believes it can ignore its legislated responsibility to make its own bodies give people a fair go in legal battles
Why are we are so timid over rights and freedoms, but so over-zealous when it’s repression? With refugees, we have struck upon a crude, cruel way to discourage asylum seekers. Now, a new law is taking the barest minimum steps to try to help 21stC slaves. With more slaves in the world than ever before, it was time our parliament enacted robust legislation with teeth: instead, we’re getting a Modern Slavery Act as flakey as a gummy shark.
Forget the fireworks inside Parliament House! Loud bangs are likely to be heard all over Canberra soon…but no-one’s saying where or when. The Australian Defence Force plans to carry out counter-terrorism training in late August. Or, it could be, training for when the federal government calls out the troops: see CLA’s submission to the current Defence Call Out Bill, a particularly power-seizing piece of legislation that flies in the face of one clause in the Australian Constitution.