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High Court Rules on Timber Creek Native Title Compensation
On 13 March 2019 the High Court handed down its decision in a native title compensation matter where it considered the entitlements of the Ngaliwurru and Nungali peoples to compensation for the extinguishment of their native title rights and interests. The decision marks the first time the High Court has considered a native title compensation…
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Student Strike Over Climate Change
Today primary and secondary school students around the world walked out of school to demand action on climate change. Inspired by Swedish activist Greta Thunberg, the 16-year-old who organised the first student strike over climate change in August 2018, the students striking in Australia made three specific demands to the Morrison government: Stop the Adani…
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Cardinal Pell Was Sentenced Today
Cardinal George Pell was sentenced today by the Victorian County Court for historical child sex offences. He received a total effective sentence of six years imprisonment with a non-parole period of three years and eight months. The offences occurred in St Patrick’s Cathedral in Melbourne in 1996 and 1997 and the victims were two 13-year-old…
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Deportations of NZ Citizens
In the last five years, around 1500 New Zealand citizens have been deported from Australia after committing criminal offences in Australia. The number of deportations of NZ citizens increased sharply after the Migration Act was amended in 2014, giving the minister broader powers to cancel visas and amending the character test. Many of those deported…
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Women’s Rights in Australia
Today is International Women’s Day (IWD), a day that has been used to celebrate the achievements of women since 1910. International Women’s Day was first marked in Australia in Sydney in 1928 and had spread to all capital citied by 1931. Today, IWD is a day to reflect on the progress that has been made…
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Gargasoulas Sentenced For Bourke St Killings
The man who drove a stolen car through Bourke Street mall, killing six people and seriously injuring 27 in 2017, was sentenced by the Victorian Supreme Court on 22 February 2019. Justice Weinberg called it one of the ‘worst examples of mass murder’ in Australia’s history and ordered James Gargasoulas to serve six concurrent life…
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Cosmetic Animal Testing Rejected
On 14 February 2019, the Industrial Chemical Charges Bill 2017 passed the Senate. The bill will limit the circumstances in which cosmetics that have been tested on animals can be placed on the Australian market. Australia has been slow to legislate against the use of cosmetic animal testing. The UK passed legislation in 1998 and…
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Urgent Medical Treatment for Asylum Seekers
On 3 December 2018 Dr Kerryn Phelps MP introduced the Migration Amendment ( Urgent Medical Treatment ) Bill to parliament. The legislation, if passed, will require the temporary transfer of asylum seekers on Manus Island and Nauru to Australia if they are assessed by two or more doctors as needing medical treatment. The legislation will…
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Gay Conversion Therapy to be Banned in Victoria
The Victorian Premier has announced the state will be passing legislation to outlaw the controversial practice of gay conversion therapy. The Health Complaints Commissioner, which commenced an inquiry into the practice last year, found overwhelming evidence that the therapy does long-term damage to people who receive it. The inquiry into gay conversion therapy On 15…
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Australia Day: Should We Change the Date?
On 26 January, Australia will celebrate Australia Day. The date on which Australia Day is celebrated has been the subject of increasing controversy, with many people feeling that the chosen date is offensive to Aboriginal people and divides, rather than unifies, the community. 26 January has been a national public holiday since 1994. What happened…
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NT Coroner Finds Challis Death Was Preventable
On 16 January 2019, the NT Coroner handed down his findings in the inquest into the death of Australian Defence Force soldier Jason Roger Challis while taking part in a live firing exercise near Darwin. The 25-year-old died after being shot in the head by his fellow soldiers after taking up an incorrect position behind…
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Firearm Silencers and the Law (Qld)
A Queensland Civil and Administrative Tribunal (QCAT) decision late last year has called into question the state’s laws prohibiting firearm silencers. The decision considered the Queensland Police’s refusal to grant a farmer’s request to possess a silencer in order to more safely use his firearms to control invasive species on his property. The health benefits…
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Neil Prakash Citizenship Furore
The Minister for Home Affairs Peter Dutton has come under fire after it has come to light that 27-year-old Neil Prakash, who was stripped of his Australian citizenship last month, does not, in fact, have Fijian citizenship. Contrary to the Minister’s assertion that Prakash is a dual national, the Fijian government has today denied that…
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Road Rules and Driver Distraction
The National Transport Commission (NTC) is currently reviewing how the Australian Road Rules deal with driver distraction. The current rules relating to driver distraction were developed in 1999 when mobile phones were mainly used for calls and text messages and in-vehicle technology was limited to television screens. The review will consider the variety of ways…
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Digital Wills for the Digital Era?
As more and more information is stored digitally, a number of cases have come before the courts where a party has argued that a digital document has a testamentary intention and should be treated as a digital will. Traditionally, a will is required to have been executed in accordance with the formalities provided for in…
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The De Novo Appeal: Proposed Changes (Vic)
On 25 July 2018, the Victorian Government announced that it would introduce the Justice Legislation Amendment (Unlawful Association and Criminal Appeals) Bill. This Bill, if passed, will abolish the right to a de novo appeal in Victoria. What is a de novo appeal? A de novo appeal is an appeal from the Magistrates’ Court to the…
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Australia Refuses to Sign UN Migration Pact
The Australian government has announced it will not be signing a United Nations migration pact, which was developed during 2018. The pact invites signatory states to work towards a more humane and cooperative approach to world migration and to adopt domestic practices that address migration issues in a safe, orderly and regular way through international…
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Transgender Rights Reforms (Tas)
A Labor and Greens bill, which would allow parents to choose whether or not to have their baby’s sex recorded on the birth certificate, has passed the Tasmanian lower house. The bill also allows people over 16 to change the gender on their birth certificate if they make a statutory declaration and have the support…
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The Confessional Seal and Child Abuse
The Tasmanian government has this month released draft legislation that would impose mandatory reporting obligations on priests. If the new law is passed, Tasmanian priests will face criminal charges and possible jail time if they fail to report child sex offences that have been disclosed to them, including under the confessional seal. Similar legislation has…
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Australia Rebuked for Arbitrary Detention by UN
The United Nations working group on arbitrary detention has condemned Australia’s detention of three asylum seekers. The group, which reports to the UN Human Rights Council, on which Australia has a seat, has expressed concern about asylum seekers and immigrants being detained around the world, and highlighted 94 cases of arbitrary detention around the world,…
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