Keywords: Criminal Law
There are more than 200 results, only the first 200 are displayed here.
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AUSTRALIA
- John Ellison Davies
- 16 July 2014
18 Comments
Judge Garry Neilson is in a spot of bother after comparing incest and paedophilia to homosexuality. He is not the first judge to find himself in this situation and he will not be the last. Judges enjoy a life of privilege and status. In their own courtroom they are feudal masters. But when one of them makes a mistake, the media jumps all over them. Politicians rant. The controversy is always out of proportion to the alleged error.
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AUSTRALIA
- Frank Brennan
- 03 July 2014
17 Comments
The Royal Commission into Institutional Responses of Child Sexual Abuse has asked the Abbott Government for a two-year extension until December 2017 to complete its task. The good news is that the victims' groups seem to think they can wait that long, as anything sooner would be rushed. The bad news is that we will all be waiting another three and a half years for answers about how to restructure institutions ensuring the better protection of children.
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AUSTRALIA
- John Warhurst
- 30 June 2014
16 Comments
We should open our eyes and take in what multiple government inquiries, among them the Royal Commission into Institutional Responses to Child Sexual Abuse, are telling us about Australian society. It is not enough to focus on just one; we should consider the revelations cumulatively. It is little exaggeration to say that almost no major institution in our society, public or private, has been left untouched. We should join the dots and cry.
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AUSTRALIA
- Frank Brennan
- 18 June 2014
11 Comments
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.
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RELIGION
- Frank Brennan
- 02 June 2014
11 Comments
In Unheard Story, Fr Padraig McCarthy rightly highlights shortcomings in legal-political-media processes like the Dublin Archdiocese Commission of Investigation. The future wellbeing of children demands that the spotlight be shone on all equally. But there is no getting away from the fact that in Ireland and Australia, the reported instances of child sexual abuse has been greater in the Catholic Church than in other churches.
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AUSTRALIA
The Government's vilification of people arriving by boat has reached the level where the term 'illegal' features in the Budget documents. Immigration Minister Morrison has insisted on referring to people arriving by boat as 'illegals' for some years, despite the Migration Act using the less pejorative term 'unlawful non-citizen'. This is not just a lawyer's linguistic debate; if it were not important, the Government would not insist on the term.
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AUSTRALIA
Scott Morrison has announced the formation of a powerful new paramilitary force with its own ideology, training and rank structure, answerable only to an immigration minister. There is a disturbing comparison that may be drawn between this new agency, apparently with no legal or constitutional checks and balances outside itself, and the Schutzstaffel security service established by Hitler and answerable only to him as leader.
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RELIGION
- Frank Brennan
- 22 April 2014
30 Comments
I write to defend Cardinal Pell in the wake of Elizabeth Farrelly's claim in the Fairfax press that Pell, when appearing before Justice McClellan at the Royal Commission, proposed a 'priestly child abuse insurance scheme'. Pell is not one of my fans, and neither am I one of his. But I think Farrelly has unfairly kicked him when he is down, and muddied the waters about what is a critical issue for the victims of child sexual abuse.
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MEDIA
- Frank Brennan
- 11 April 2014
5 Comments
In 1994, a year before the Parliament enacted the present section 18C of the Racial Discrimination Act, I wrote in Eureka Street: 'At this time, in this part of the world, thought-police armed with criminal sanctions are not the answer' to racial discrimination. Senator Brandis has now circulated a proposal to amend the existing provisions. What he has produced is the racial hatred law you have when you don't want a racial hatred law.
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AUSTRALIA
- Frank Brennan
- 11 April 2014
1 Comment
'Whether or not we have a bill of rights, much of our human rights jurisprudence remains partial, failing to extend rights equally to all. Once we investigate much of the contemporary discussion about human rights, we find that often the intended recipients of rights do not include all human beings but only those with certain capacities or those who share sufficient common attributes with the decision makers. It is always at the edges that there is real work for human rights discourse to do.' Frank Brennan's Blackfriars Lecture
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AUSTRALIA
How ironic that, even as Attorney General Brandis ensures the rights of 'bigots', the rest of us find our own rights under threat. Liberal state governments continue to roll out laws that affect the more marginalised and less privileged among us. Victoria's new 'anti-protest' laws and Queensland's 'anti-bikie' laws threaten public protest and assembly, which for most of us is how we exercise our freedom of expression.
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AUSTRALIA
- Frank Brennan
- 28 March 2014
82 Comments
As an institution, the Catholic Church has been dragged kicking and screaming. Cardinal Pell has been put through the wringer, though admittedly nowhere near to the same extent as was John Ellis when the Church decided to unleash the legal attack dogs on him in litigation which was euphemistically described as vigorous and strenuous.
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