Law reform

Report

21 Jul 2017

An outline was proposed by the Legislative Council’s Legal and Social Issues Committee (the Parliamentary Committee) Inquiry into End of Life Choices. The Parliamentary Committee provided a broad policy direction for...

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Research report

12 Jul 2017

This research paper looks at the differences between Tasmanian indefinite detention provisions, and those of other Australian jurisdictions. The study considers issues associated with making a dangerous criminal declaration, including the test and standard of proof, and whether separate...

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Report

30 Jun 2017

More than 20 US states have legalised the medicinal use of marijuana; in the past three years, four have also legalised its recreational use. At the same time, marijuana remains illegal under US federal law.

This paper reviews the US experience to identify any potential lessons or hazards...

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Report

14 Jun 2017

The Australian Law Reform Commission (ALRC) has launched this report on World Elder Abuse Awareness Day 2017.

The ALRC was asked to consider Commonwealth laws and legal frameworks and how they might better protect older persons from misuse or abuse, and safeguard their autonomy.

...

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Commentary

07 Jun 2017

Sadly, another horrific episode under the banner of Islamist extremism is front-page news. This time the perpetrator was a 29-year-old Somali-born Victorian man, Yacqub Khayre, described as a “weakling, deserter and a jihadi of convenience”.

On Monday, armed with a sawn-off shotgun and...

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Report

07 Jun 2017

Adoption law and practice deeply and intimately affects those to whom it applies. The effects are life-long. They do not cease upon the adopted child reaching adulthood. They have intergenerational impacts and consequences. The effects reverberate widely. They involve significant social and...

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Briefing paper

05 Jun 2017

This Issues Paper considers the law on consensual assault in Tasmania. It traces the historical development of the law from its common law roots through to its current manifestation in s182(4) of of the Criminal Code.

The Issues Paper contends that some aspects of s 182(4) lack clarity...

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Audio interview

31 May 2017

Some of the biggest players in Australian media will launch a bid today to convince the Senate to pass the federal government's long waited media reform package. In an unprecedented show of industry unity, more than 25 top CEOs from all the major newspaper groups and commercial television and...

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Discussion paper

20 May 2017

The Australian Government has released a discussion paper for consultation on the prohibition of the non-consensual sharing of intimate images.

The term ‘non-consensual sharing of intimate images’ refers to the sharing or distribution of an image or video of a person or persons portrayed...

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Report

17 May 2017

The Voluntary Assisted Dying Ministerial Advisory Panel (the Panel) was tasked with providing the Minister for Health with an interim report within three months.

This interim report sets out the key issues, concerns and potential solutions provided to the Panel by people who participated...

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Research report

01 May 2017

My first advice was directed largely to legislative reform in accordance with the Terms of Reference. This advice deals with broader systemic issues that arise directly out of the consideration of the operation of the bail system, including Terms of Reference 4 to 7. It also addresses issues...

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Research report

26 Apr 2017

The Tasmanian Attorney-General, Vanessa Goodwin, asked the Sentencing Advisory Council to examine and provide a report on sentences imposed by the Tasmanian courts in cases where a person is seriously injured or killed as a result of a motor vehicle crash, and to provide advice on how to address...

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Report

19 Apr 2017

Consumer Affairs Australia and New Zealand (CAANZ) has released its final report, in relation to its review of the Australian Consumer Law (ACL), proposing 22 changes intended to strengthen and clarify the operation of the law, and a program of research and policy development to future-proof it...

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Research report

03 Apr 2017

The provisions relating to bail in Victoria are already very strict. I do not consider that the Bail Act 1977 (the Bail Act) needs a major overhaul in terms of its theoretical underpinnings. In particular, I consider that there should continue to be a general presumption for...

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Audio podcast

02 Mar 2017

In this episode of the podcast Sub Rosa, Andrew continues a conversation with Levi West about terrorism in Australia.

Levi West is the Director of Terrorism Studies at Charles Sturt University.

This is the second episode in a two-part series. The first half covered...

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Research report

27 Feb 2017

Audit objective and criteria

The objective of the audit was to assess the establishment and administration of the Australian Border Force’s framework to ensure the lawful exercise of powers in accordance with applicable legislation.

To form a conclusion against the...

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Conference paper

16 Feb 2017

Functionally, regional towns cannot be the city states of history. By necessity, whilst regional towns exist as a centre for the catchment area that sustains it, they are nonetheless subject to and rely upon the patronage of the ‘centre’ that the town ‘relates’ to. In return for this patronage...

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Research report

15 Feb 2017

The committee embarked on this task cognisant of the deeply held beliefs and aspirations of people engaged in this national debate, regardless of how they view the institution of marriage. Debate surrounding previous bills introduced, and associated inquiries undertaken, into the issue of same-...

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Journal article

13 Feb 2017

Abstract

The Traditional Owner Settlement Act 2010 (Vic) was enacted in response to the deficiencies of the Native Title Act 1993 (Cth) in recognising the native title rights and interests of Victoria’s Traditional Owners. It is widely recognised that...

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Website

08 Feb 2017

Aims

A poll conducted by the Australian National University in 2016 on Attitudes to National Security revealed that 56 percent of Australians believe that the government ‘could do more’ to prevent a terrorist attack. Ten years earlier, that figure was only 39...

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