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While Immigration Minister Scott Morrison sits with Sri Lankan President Mahinda Rajapaksa and hands over customs vessels to the Sri Lankan Government for use in preventing people escaping Sri Lanka, Australia's High Court is deciding whether a group of 158 Sri Lankan asylum seekers can be returned to the Sri Lankan Government. How did we get to the stage where we are supplying the alleged persecutors with the means of stopping people from escaping and seeking our protection?
Over the last few years the High Court has made several decisions which found the Government wanting when making decisions regarding asylum seekers. Inevitably the cases are decided on the basis of whether a power was correctly applied or interpreted. Sometimes the results favoured asylum seekers, sometimes they upheld the position of the Government. A case this week in which the applicant lost may have significant consequences.
All is not well in the Sunshine State, where Premier Newman is running a strong 'law and order' line. Judges are used to politicians running 'law and order' lines, but enjoy independence from the executive government once appointed. The risky part is the sequence of events associated with the appointment. The naming of Tim Carmody as the state's chief justice has made a mockery of the transparency and openness of this process.
Australia's cruel arrangement for asylum seekers arriving without a visa cannot be scrutinised by our courts and has never been approved by our Parliament. In the name of democracy, in the name of Australian self-respect, and in the name of human rights protection and the rule of law, it is time this arrangement was presented to our Parliament for its approval by our elected representatives or for immediate ditching. It's a disgrace.
For the good of victims and the community prisoners need to find the space in which they can feel remorse for the harm they have done, reflect on and change the patterns of life that contributed to the crime, and come to act accountably. To include love in penal justice may seem impossible. But recently in court a man was sentenced to jail for dangerous driving that led to the death of a young woman. Her father then embraced the driver.
In 2006 Australia and Timor Leste hastily signed the Treaty on Certain Maritime Arrangements in the Timor Sea (CMATS) at a time of considerable political instability in Timor. After last year's revelation of evidence of Australian spying on the Timorese during the negotiation of CMATS, the Timorese decided to challenge its validity, and in March this year they had a spectacular win in the International Court of Justice that caused great embarrassment to Australia.
In April the Victorian Court of Appeal upheld an earlier ruling that a youth camp run by the Christian Brethren had discriminated illegally against same-sex attracted persons by refusing a booking from a community health service for an event for young gay and lesbian people. This is not an isolated case. It is sobering that churches often seem to need the courts to give them lessons, if not about sex, then about hospitality and fairness.
Thomas Wyatt, poet and prominent figure in the court of Henry VIII, found life there not only perilous but repugnant and dreamed of escape. There is much that Wyatt would recognise in the court of Tony Abbott: the obsessive secrecy, the suspicion of foreigners, the cruelty, the ecclesiastical connections, the dames and knights, the aggressive Anglophilia. At least he wouldn't have had to encode his unease in poetry.
Reports from the Royal Commission this week have focused on the efforts of John Ellis to have his experience of sexual abuse as a teenage boy, perpetrated by a Catholic priest, acknowledged and adequately addressed by the Church. The finding by the High Court that Australian law as it stands does not allow an individual to sue the Catholic Church is an untenable situation if our nation believes justice for individuals is important.
On Saturday Dylan Farrow accused her adoptive father, the filmmaker and actor Woody Allen, of sexual assault for the second time. She first made these allegations when she was seven years old. There is a real ethical concern when allegations that have been denied in court continue to be raised publicly. We need to be able to forge a difficult balance between making space for ongoing doubt and fuelling public vilification.
The US Supreme Court and our newly installed Prime Minister have put their weight behind legal recognition of same sex marriage. In California alone there are already 40,000 children who are being brought up by same sex couples. In this debate we need to be mindful of the wellbeing and dignity of these children as well as the unknown number in future who will be created in a test tube.
Until now, there was some doubt whether the Parliament's constitutional power to make laws with respect to marriage would be broad enough to include laws with respect to same sex marriage. The High Court has put this matter beyond doubt with all six sitting judges affirming that 'marriage' for the purposes of defining the constitutional power of the Parliament could not be confined to marriage in the traditional Christian sense.
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