Posts tagged police powers
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.

Read More
Extension of mass search power

The police have made it clear that they will be exercising a discretion as to who is searched - they will be “judicious” and elderly people will have nothing to fear. Research from Australia and overseas indicates that police assessments of whom to search or question are often based on generalizations and negative stereotypes that are in part attributable to ethnic bias.The Review found that the use of unwarranted generalizations and stereotypes is what happened during the trial

Read More
Nudist Beaches

The Council accepts that the public exhibition of sexual activities should be banned. However, we also take the view that nude beaches should be permitted so long as they are in secluded areas and are known and clearly marked as nude beaches.  If necessary, the State Government or relevant local councils should take steps to designate nude beaches and to mark and publicize them appropriately.

Read More
Police to be allowed mass search power

“The traditional requirement that before a search can proceed there must be a reasonable suspicion that a crime has been committed or a weapon found is a bulwark protection of our liberty. Such a requirement is essential to being able to prevent arbitrary searches or searches based on bias. The granting of such powers will inevitably result in unwarranted invasions of privacy.”

Read More
Decriminalisation of sex work

what seems right is to use law to protect the bodily safety of prostitutes from assault, to protect their rights to their incomes against the extortionate behaviour of pimps, to protect poor women in developing countries from forced trafficking and fraudulent offers, and to guarantee their full civil rights in the countries where they end up—to make them, in general, equals under the law, both civil and criminal….But the criminalisation of prostitution seems to pose a major obstacle to that equality

Read More
Review of continued detention of imprisoned terrorists

As John Stuart Mill argued the preventive power of the State is, “far more liable to be abused, to the prejudice of liberty, then the punitory function; for there is hardly any part of the legitimate freedom of action of a human being that would not admit of being represented, and fairly too, as increasing the facilities for some form or other of delinquency.”

Read More
Submission to Transport and Resources committee concerning Engine Immobiliser Technology

the first question that must be addressed is whether the technology is actually going to reduce harm caused by police chases. The chase must presumably have to start. There must still have to be a police policy dealing with the circumstances in which chases will be commenced, even if they are intended to be relatively short because this technology will be available.

Overseas discussions of this issue make reference to avoiding problems with other vehicles by implementing technology in all cars which enables each car to react to the presence of another vehicle.

This then brings us to serious other issues connected with this type of technology. Those issues relate to the fundamental rights of privacy and freedom of movement.

Read More