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Disability Discrimination
Disability Discrimination
Disability discrimination occurs when a person who has a disability or is perceived to have a disability is treated less favourably than a person without a disability in the same circumstances. Disability discrimination can be direct or indirect. At a federal level, Disability discrimination is governed by the Disability Discrimination Act 1992. What is the…
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The Migration Health Requirement
The Migration Health Requirement
Most applicants for Australian visas are required to fulfill the migration Health Requirement. The criteria for health assessments are determined by the length of stay, purpose of visit and the type of visa being applied for. The Department of Immigration and Citizenships states that the Health Requirement is necessary to: Protect the Australian community from…
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Is a Sperm Donor a Parent?
Is a Sperm Donor a Parent?
A case is currently before the High Court concerning whether a man who donated sperm to a lesbian couple has standing to seek parenting orders over the child. Under New South Wales law, a sperm donor is not a parent. However, under the federal Family Law system, biological or non-biological parents may be recognised as…
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Evidence Improperly Obtained: Bunning v Cross
Evidence Improperly Obtained: Bunning v Cross
When evidence in a criminal matter has been obtained in a way that did not comply with procedural rules, the court will sometimes be asked to exercise its discretion to exclude the evidence. Common situations where the exclusion of evidence improperly obtained arises are a police interview that was carried out without the proper caution…
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Rush Awarded $850,000 for Defamatory Imputations
Rush Awarded $850,000 for Defamatory Imputations
On 11 April 2019, the Federal Court of Australia handed down its decision in the matter of Rush v Nationwide News Pty Ltd. The court found that publications made by the defendant about Australian actor Geoffrey Rush contained defamatory imputations and that the defence of justification did not succeed. It awarded  Rush damages for non-economic…
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Proposed Laws to Jail Vegan Activists
Proposed Laws to Jail Vegan Activists
The Prime Minister has vowed to introduce tough new penalties for vegan activists if he is re-elected in May. The Melbourne CBD was shut down last week by a peaceful protest against the use and abuse of animals in factory farms. The protest was part of a national day of action, when protesters also targeted…
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Gender Information on Birth Certificates (Tas)
Gender Information on Birth Certificates (Tas)
Tasmania this week became the first Australian jurisdiction to make the listing of babies’ apparent sex on birth certificates optional. The Tasmanian Senate this week passed the Justice and Related Legislation (Marriage Amendment) Bill, despite the opposition of the Liberal government. Under the new legislation, Tasmanians aged over 16 will also be able to change…
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Riot Offences (Qld)
Riot Offences (Qld)
Riots are a form of civil disorder where a group lashes out in a spontaneous display of violence against authority, people or property. Riot offences are generally dealt with by police and the police have broad powers to use force to suppress a riot. In Queensland, the common law offence of riot has been codified…
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