Posts tagged Criminal Justice
Flag Desecration Bill (QLD)

Flag burning is not an issue at large in our country. Instead, the context it is currently documented in is a very narrow one – by First Nations people at Australia Day protests. Viewed in this context, the act of flag burning takes on immediate meaning. When an Indigenous person burns the flag, they say they do not believe that Britain should have colonised their land, that the nation of Australia exists as a colonial construct validated only by the invalid doctrine of terra nullius and the systematic oppression it effected. That is a specific political viewpoint that cannot be suppressed validly

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Submission on proposed "Castle" law

The assumption innate in the Bill is that allowing people to use deadly force to protect themselves and their dwelling will improve community safety and deter crime. However, outcomes of similar legislation in the USA show across the board that increasing legislative permissiveness of deadly force correlates with increased violent crime, unnecessary death, institutional racism, and no crime deterrence.

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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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