Law reform

Audio program

14 Sep 2017

After weeks of negotiations, the Federal Government has secured the numbers to pass its media laws package, clearing the way for major mergers and acquisitions.

The Nick Xenophon Team agreed to support the Government's package, in exchange for a 60-million-dollar new fund for independent...

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Commentary

14 Sep 2017

The breakthrough in negotiations with the Senate crossbenchers that the government has been chipping away at has finally arrived.

The deregulatory legislation, the Broadcasting Legislation Amendment (...

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Commentary

12 Sep 2017

The postal marriage survey starts popping into letterboxes today, and if the deadline to return it were this Friday, or next, we know exactly what the result would be: an easy win for Yes.

Opinion polls tell us so. Polls can be wrong, but not by this amount. True, the marriage survey won’...

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Commentary

07 Sep 2017

The High Court has struck down the challenges to the same-sex marriage ballot, clearing the way for voting papers to start going out next week.

The court’s decision...

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05 Sep 2017

On 20 April 2017, the Prime Minister, the Hon Malcom Turnbull MP, and the Minister for Immigration and Border Protection, the Hon Peter Dutton MP, announced a package of measures to reform citizenship. The Prime Minister explained that the changes were informed by feedback received from the...

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Briefing paper

01 Sep 2017

The Bill implements the federal government’s announcement on 20 April 2017 regarding a series of changes to citizenship policy with the intention to ‘strengthen citizenship’.

In 2015, the government announced Concetta Fierravanti-Wells and Phillip Ruddock would undertake community...

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Journal article

01 Sep 2017

The Model Criminal Code (MCC) was intended to be a Code for all Australian jurisdictions. It represents a high point of faith in the value and possibility of systematising, rationalising and modernising criminal law. The core of the MCC is Chapter 2, the ‘general principles of criminal...

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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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Policy report

05 Jul 2017

The Drug Foundation proposes a complete overhaul of new Zealand drug laws. The Misuse of Drugs Act 1975 came into force more than 40 years ago. It sets out harsh criminal penalties for possession and use of drugs in an attempt to stop people taking them. This is an approach that has proved both...

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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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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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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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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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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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Discussion paper

17 May 2017

In Australia, sexual violence is recognised as a serious crime and an extreme violation of human rights in which the Australian Government has an obligation to exercise ‘due diligence’ in establishing effective measures to prevent, investigate and prosecute such cases of violence.

The...

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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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