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Industrial Action

Industrial Action

Under international law, workers have a right to take industrial action. The United Nations has called the right to strike “one of the principal means by which workers and their associations may legitimately promote and defend their economic and social interests”. It has been accepted as an industrial right since the early days after World…

Do We Need a Religious Discrimination Act?

Do We Need a Religious Discrimination Act?

Whilst Australia has legislation prohibiting discrimination on the basis of sex, age, race and disability, it does not currently have anti-discrimination laws protecting religious freedom. In recent weeks, liberal MPs have been calling for a Religious Discrimination Act to be passed, following the same model as existing anti-discrimination legislation, which forbids discrimination in employment and…

Child Witnesses in Sex Abuse Cases (WA)

Child Witnesses in Sex Abuse Cases (WA)

A child may become involved in the criminal justice system in a number of ways. Some of the most common ways this occurs are when a child discloses a current or historic incident of sexual or physical abuse, when a child is physically assaulted or robbed and when a child witnesses a crime or is…

The Defence of Automatism (WA)

The Defence of Automatism (WA)

Automatism refers to the involuntary conduct of a person caused by the lack of conscious volition. It includes actions or conduct such as: Sleepwalking; Episodes of epilepsy; Dissociation caused by physical trauma such as a blow to the head, resulting in severe concussion; Drug-induced psychosis; and/or Psychological trauma or trauma resulting from extreme stress. Sane…

Competence and Compellability of Witnesses

Competence and Compellability of Witnesses

Under the Evidence Act 1995, everyone is presumed to be competent to give evidence and any competent witness can be compelled to give evidence. However, the presumption of competence can be rebutted if a party can demonstrate that the person lacks capacity. The act also sets up exceptions to this rule. When is a person…

Ministerial Intervention to Grant Visas

Ministerial Intervention to Grant Visas

The Migration Act 1958 empowers the Immigration Minister to intervene in a case in certain circumstances. The minister can substitute a decision that has been made by the Administrative Appeals Tribunal (AAT), with a more favourable decision. Ministerial intervention is discretionary. The minister is not obliged to intervene in any case. What powers does the minister have?…

Alibi Evidence (NSW)

Alibi Evidence (NSW)

An alibi is used to show that a person could not have committed an offence because they were not at the scene of the crime. Alibi evidence can be given by the accused and by other witnesses. For an alibi to succeed, the defence must be able to produce evidence that the accused was somewhere…

Robbery Offences (Qld)

Robbery Offences (Qld)

Robbery is a composite offence, meaning that it is both a property offence and a violent offence. A person commits robbery if they use or threaten violence immediately before or after stealing property. In Queensland, this offence is contained in Section 409 of the Criminal Code 1899. The Code also contains several other, less serious…

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