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.
Read MoreIn our submission, these powers should cease at sunset because they remain disproportionate to human rights protections in Australia, their (limited) use does not justify their continued existence and ultimately, they are better repealed to be the subject of the outcome to the Electronic Surveillance Framework.
Read MoreThe Federal Government’s draft Bill in relation to the COVIDSAFE app contains a number of welcome features including the very strong prohibitions on people requiring another person to download the app and the involvement of the Privacy Commissioner in reviewing the system. But it does not go far enough.
Read MoreThe federal government’s announcements in relation to the Covidsafe App contain a number of good features. However, fundamental issues of concern remain.
Read MoreThe QCCL today expressed its concern about the apparent decision by the government to ask Australians to use the Singaporean “Trace Together“ COVID-19 tracking app, which will not adequately protect the privacy of Australians.
Read MoreThe Annual Report of the Vice-President, Terry O’Gorman - June 15, 2020
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