Posts tagged Criminal Justice
Review of the Definition of a “Terrorist Act"

Our central submission is that the current definition should not be expanded. Terrorism should not be seen as a ‘catch-all’ term for serious crimes. The criminal law, with its established principles of criminal justice and procedure, already accommodate crimes which may constitute terrorism. Any further extension of the definition of terrorism would intervene in this system. It would enlarge the application of a wide set of powers that are both repugnant to civil liberties and inconsistent with these established principles of criminal justice

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Joint CCLs submission on ASIO Questioning warrants

In democratic polities, intelligence organisations have been permitted to operate in secret and without the public accountability mechanisms that apply to police because they neither produce evidence, nor exercise coercive powers. Division 3 departs from this principle. It empowers ASIO, at the request of a cabinet minister, to force a legally innocent person to answer questions

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Crime And Corruption (Restoring Reporting Powers) Amendment Bill

It is submitted that in relation to the Commission making a public statement both in relation to the corruption assessment stage and at the conclusion of the Commission’s investigations, the Bill should be amended to make it clear that the provision contained within Section 65A(4)(g) namely “whether the statement may unreasonably damage the person’s health, safety or wellbeing or privacy or reputation” should be given significant weight by the Commission in deciding whether to issue a public statement.

 

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CAMERA DETECTED ENFORCEMENT FOR SEATBELT OFFENCES

It is our position that reverse onus offences are never justified, as the burden of proof should always be borne by the State, with its superior powers and resources. However, since this is unlikely to be accepted, we submit that if members of the public must have the burden of proving their innocence, then the evidentiary standard must be possible for a private citizen to feasibly challenge, and judges must have sufficient discretion to ensure a fair trial. The scheme as currently implemented satisfies neither of these criteria. 

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Pretrial Publication Of Criminal History - Complaint

In making this complaint it is recognised that the event which caused the death of the person driving the car that was hit by the accused person is a significantly and deeply tragic event. It is because of the understandable public outrage that follows such an event that the pretrial publicity rule forbidding publication of an accused’s criminal history exists.

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Rhyming sound bites won't fix problems with youth justice system

“Mr Crisafulli should tell Queenslanders what he is going to do to remedy the serious failure to rehabilitate young offenders in Queensland juvenile jails and what he is going to do to address the multiple problems in juvenile justice as outlined in Mr Worrall’s Report”, Mr O’Gorman said.

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Answers to Questions on notice from Community Safety and Legal Affairs C'ttee

The proposal that ‘associates’ can have a Firearm Protection Order made against them simply because the associate ‘knows’ a recognised offender is objectionable because of the width of the provision and the effect that an FPO can have on that associate’s ability to hold rural employment.

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Joint CCLs letter re Migration Amendment Bill 2024

We are particularly troubled by the objectives apparently underpinning the legislation, including exclusion of entire nations from migration to Australia, further criminalisation and exposure to imprisonment and detention of people seeking safety in Australia, and circumvention of the impact of a prospective High Court decision regarding unlawful administrative detention.

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