Posts tagged Courts
Premier's attacks on judiciary show weakness

“The Premier’s suggestion that Magistrates’ behaviour should be changed when he full well knows it is his Government’s policy as reflected in Queensland’s Youth Justice Act that the law is as pronounced by Magistrate Power reflects the Premier’s weak and unprincipled repetitive attacks on Queensland’s Judiciary”, Mr O’Gorman said

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Submission on the proposed changes to Dog Laws

The important connection between a dog and their owner renders the destruction order a decision that should be a last resort and made with careful consideration. Destruction orders infringe upon the rights of the dog and the dog owner. However, the threat the dog poses to the community and the careful consideration that occurs for destruction orders renders such a decision appropriate and necessary to uphold community safety in the relevant circumstances. 

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Review of the National Security Information (Criminal and Civil Proceedings) Act 2004

This broad definition of ‘information’ and over-classification of what amounts to ‘national security information’ has serious implications. Anything that could fall within these definitions could be withheld from the defendant (or, in civil proceedings, withheld from one party[1]), which relates to issues of due process discussed above. These broad definitions and scope of the Act increased the encroachment of the executive on due process and a right to a fair trial. As a result, the executive is given ‘enormous scope for unwarranted interference in the administration of justice’

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Speech by Terry O'Gorman to The Persecution of Truth Conference 30/4/23

The Collaery, McBride and Boyle cases have to be seen as part of a new trend whereby evidence is admitted into court and is available to one side (the prosecution, in criminal matters) but not to the other even though that evidence may be used against them.  The circumstances in which this evidence is selectively admitted is much broader than the previous public interest immunity exception placed on national security.  Much leeway is being granted to the Executive to exclude evidence from scrutiny

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Submission to Queensland Human Rights Inquiry

In the Council’s view the case for a Human Rights Act is quite simply irrefutable.  In saying that the Council does not think that a Human Rights Act will constitute a revolution in either sense.  That is, a Human Rights Act will not create a human rights nirvana in Queensland.  Nor will it wreck the separation of powers between the branches of the government or destroy our democracy.  What it will do is represent a bold statement of commitment by the Queensland Government to bring human rights closer to the heart of political culture in this state and provide a place where the marginalised and disadvantaged in our community can seek redress for their grievances.

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Judiical Appointments

The Council finds it nonsense to suggest appointment based solely on merit by this process is possible. Nor does the Council think that the public is best served by continuing to portray the notion that there is an idealised standard for a Judge and there is always a clear front-runner for the role. The Council is certain that for any position there are a considerable number of choices who would be more than capable of performing the role well. Society’s main interest is that the appointee is one of those capable of performing the role well. To that end it must be beyond doubt that the appointment was neither arbitrary nor political. That is what it is at the moment.

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