From Gabrielle.McKinnon at anu.edu.au Mon Feb 5 10:53:42 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Mon Feb 5 10:53:55 2007 Subject: [Acthra_list] Meeting of Legal Network Message-ID: <000801c748b7$b36675c0$62e2cb96@anu.edu.au> Dear list members, In Gabrielle McKinnon's absence, I will be organising meetings of the legal network. Hopefully, people are back from leave and interested in having a meeting in February. The date I propose would be Thursday 15 February. We would meet at the Human Rights Commission's premises at level 2, 12 Moore Street, between 6 and 7.30 pm. Two possible topics for discussion are a) the review of the Human Rights Act and b) the entry into force of the Victorian Charter of Rights and Responsibilities. I'd be happy to lead a discussion on those topics. However, if people have other ideas (especially if they want to lead the discussion), I'd be interested to hear them. Please let me know by return email whether this proposal suits you. Best Wishes, Dr Pene Mathew Human Rights Legal and Policy Adviser Human Rights Commission -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070205/ab729e1f/attachment.html From Gabrielle.McKinnon at anu.edu.au Mon Feb 5 14:07:53 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Mon Feb 5 14:08:07 2007 Subject: [Acthra_list] Replies for the Meeting of Legal Network Message-ID: <000001c748d2$d3c2a7b0$62e2cb96@anu.edu.au> Hello, Could all replies regarding the proposed meeting of the Legal Network please be sent to Penelope Mathew at pene.mathew@act.gov.au Thank you. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070205/e0364cf7/attachment.html From firstop at cyberone.com.au Wed Feb 7 12:37:16 2007 From: firstop at cyberone.com.au (First Stop) Date: Mon Feb 12 13:18:58 2007 Subject: [Acthra_list] change of email address Message-ID: <200702070137.l171bPEh024240@anumail8.anu.edu.au> To whom it may concern, First Stop has now changed to Youth Law Centre - ACT. Our new email is contact@youthlawact.org.au If you could please update your records accordingly it would be appreciated. Regards, Youth Law Centre - ACT Level 1, Savings House 8 - 10 Petrie Plaza, Civic. P: (02) 6262 7077 F: (02) 6262 6099 E: contact@youthlawact.org.au W: www. youthlawact.org.au -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070207/870aba7e/attachment.html From Gabrielle.McKinnon at anu.edu.au Thu Mar 8 14:51:53 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Thu Mar 8 14:51:54 2007 Subject: [Acthra_list] Updates on the ACTHRA Website Message-ID: <000001c76135$1c384840$62e2cb96@anu.edu.au> Dear members, Sorry for the hiatus in updates on the ACTHRA website. I am now updating the website in Gabrielle's absence, so you should receive more updates in the coming months. I have added new links to the Resources section of the site: the Human Rights Law Resource Centre (http://www.hrlrc.org.au/html/s01_home/home.asp?dsb=18) and the dedicated New Matilda website for an Australian Human Rights Act (http://www.humanrightsact.com.au/). I have also posted a discussion paper, A Bill of Rights for Britain, which examines whether a Bill of Rights is needed in addition to the Human Rights Act 1998 (UK), what model a Bill should take, and what process should be taken in implementing any Bill. The link to the paper is: http://acthra.anu.edu.au/articles/ABillofRightsforBritain.pdf. Three new cases have been recently decided in the Supreme Court. Links to the cases are already on the website, but I will alert you once case summaries have been prepared and posted. If you have any problems accessing content on the website, or know of anything else that should be included, please let me know. Regards, Kim Pham -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070308/2459e50b/attachment.html From kim.pham at anu.edu.au Fri Mar 23 14:09:24 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Fri Mar 23 14:09:27 2007 Subject: [Acthra_list] ACTHRA updates Message-ID: <1177.150.203.226.98.1174619364.squirrel@sqmail.anu.edu.au> Dear all, There are some things that may be of interest to you. 1. NEW HRA CASES In TM v Office of Children, Youth and Family Support, a mother appealed against child orders, arguing that the orders were inhumane and degrading, and that they failed to give sufficient attention to the importance of the family. The summary of the case is available at http://acthra.anu.edu.au/cases/case.php?id=55. In Capital Property Projects (ACT) Pty Ltd v Planning and Land Authority, the plaintiffs challenged a regulation that prevented them from seeking review of a planning decision in the AAT. Gray J discussed the interpretive provision of the HRA and the right to have rights and obligations decided by a competent, independent and impartial court or tribunal. The summary of the case is available at http://acthra.anu.edu.au/cases/case.php?id=57. R v McBride involved an application by a joint accused for a separate trial. Connolly J mentioned the 'overwhelming interest' of the right to fair trial. The case summary is available at http://acthra.anu.edu.au/cases/case.php?id=56. 2. NEW ARTICLES There are two new articles in the articles section of the site: an article by Hilary Charlesworth in the University of Queensland Law Journal, 'Who Wins Under a Bill of Rights' (http://acthra.anu.edu.au/articles/Who_Wins_2006.pdf) and a speech delivered by Janet Albrechtson, 'An Australian Bill of Rights by Stealth?' (http://acthra.anu.edu.au/articles/AustralianBillofRightsbyStealth%5B2%5D.pdf). There are also new media articles on the site, including Justice Kirby's latest call for a federal bill of rights. New media articles are added to the site every few days, if applicable. 3. HUMAN RIGHTS CONFERENCE 2007 The Human Rights Conference is being held at the University of Melbourne on 25 September. The conference will discuss developments in the protection of human rights by Australian charters and human rights acts. The conference provides an important opportunity to examine the Victorian Charter of Human Rights and Responsibilities, the ACT Human Rights Act and other bills of rights. Leading Australian and international speakers will also address the future of the protection of human rights, such as economic, social and cultural rights, in other states and territories and nationally. The day is aimed at both a legal and non-legal audience. If you are interested, I can email you the brochure with the list of speakers and registration details when it becomes available, or you can email law-cccs@unimelb.edu.au for further details. 4. UK RIGHTS CASES Two cases on human rights and terrorism and control orders were handed down in the UK on 16 February: Secretary of State for the Home Department v E and R v F. These are available at http://www.judiciary.gov.uk/whatsnew_archive.htm. If there are any queries about the site, please email me at this address (kim.pham@anu.edu.au). Kind regards, Kim From kim.pham at anu.edu.au Sun Mar 25 14:27:16 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Sun Mar 25 14:27:18 2007 Subject: [Acthra_list] New HRA case Message-ID: <1702.150.203.226.98.1174796836.squirrel@sqmail.anu.edu.au> Hi all, another case summary is now available on the website: R v A. The case is a review of a bail application. The applicant tried to argue the relevance of protection of the family, and also sought to draw the judge's attention to a relevant case under the UK HRA, but both of these arguments were given little consideration by Higgins CJ. The case provides an interesting contrast to the decision of R v Rao (also on the website), where Gray J did discuss HRA issues in more detail. The link to the case is: http://acthra.anu.edu.au/cases/case.php?id=58. The link to R v Rao is http://acthra.anu.edu.au/cases/case.php?id=52. Regards Kim From kim.pham at anu.edu.au Wed Mar 28 10:35:47 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Wed Mar 28 10:35:53 2007 Subject: [Acthra_list] CHuRN Burnside Lecture Message-ID: <1144.150.203.226.98.1175042147.squirrel@sqmail.anu.edu.au> Dear all, Details below of a human rights lecture by Julian Burnside QC that you may be interested in. Cheers Kim Public Lecture HUMAN RIGHTS IN AUSTRALIA: Whatever happened to a fair go? Julian Burnside QC, Director, The Justice Project Saturday 31 March 2007 4 - 5.30pm Coombs Lecture Theatre (Bldg 9) Fellows Road, ANU Julian Burnside will speak about current developments in human rights in Australia. He will address in particular: > What's Australias past record in human rights? > How have Australias laws and policies changed recently? > Why should Australians be worried? > What can we do to re-establish a fair go Australia? Following Julian, Kurt Esser, Chair of The Justice Project (TJP), will give a brief introduction to the work of the organisation (in particular, the Human Rights Questionnaire which is to be offered to all sitting members and candidates prior to the next federal election). More info: http://law.anu.edu.au/nissl/burnside.pdf Enquiries E: gabriela@thejusticeproject.com.au or T: 6255 1643 Please forward this invitation to anyone who you think may be interested. -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070328/a32e1232/untitled-1-0001.html -------------- next part -------------- A non-text attachment was scrubbed... Name: burnside.pdf Type: application/pdf Size: 57931 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070328/a32e1232/burnside-0001.pdf -------------- next part -------------- A non-text attachment was scrubbed... Name: churn_sem07.pdf Type: application/pdf Size: 39589 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070328/a32e1232/churn_sem07-0001.pdf From kim.pham at anu.edu.au Wed Apr 18 11:42:17 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Wed Apr 18 11:42:27 2007 Subject: [Acthra_list] New Case Message-ID: <54567.203.26.16.66.1176860537.squirrel@sqmail.anu.edu.au> Hi all, just to let you know about a new case available on the website: R v Trotman. The case concerns a bail application made on health grounds, as the prisoner was unable to access publicly-funded dental treatment. Both the judge and counsel for Mr Trotman raised the HRA on separate occasions, but interestingly, without reference to a specific right. Information on the case was sent to us by Higgins CJ, so unfortunately there is no judgment or transcript available, but my summary is now on the website at http://acthra.anu.edu.au/cases/case.php?id=59. If anybody has already seen the case summary, please be aware that because of technical problems, the summary has been incomplete, and the complete summary was only uploaded yesterday. I have also been told that there may have been some problems in printing out the case summaries. I've attached a PDF of the Trotman summary to this email. If there are any problems with other cases, please let me know and I can send you a Word or PDF file of the case. Also attached for your interest is an article by George Williams on the Victorian Charter. The article is also available on the website. Finally, we have now received hard copies of the brochure for the Human Rights Conference in Melbourne in September. If you would like copies of the brochures to distribute or leave at your office, please let me know and I will send some out to you. Cheers, Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: R v Trotman.pdf Type: application/pdf Size: 13499 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070418/6072a83c/RvTrotman-0001.pdf -------------- next part -------------- A non-text attachment was scrubbed... Name: The Victorian Charter of Rights MULR.pdf Type: application/pdf Size: 236107 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070418/6072a83c/TheVictorianCharterofRightsMULR-0001.pdf From kim.pham at anu.edu.au Mon Apr 30 11:07:38 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Mon Apr 30 11:07:41 2007 Subject: [Acthra_list] ACTHRA News Message-ID: <1733.150.203.226.98.1177895258.squirrel@sqmail.anu.edu.au> Hi all, NEW CASES There were two HRA cases handed down on 5 April that escaped my attention until now. Summaries for both cases are attached to the email. In Hausmann v Shute, the court examined the offence of failing to provide a breath sample under the Road Transport (Alcohol and Drugs) Act. In thier joint judgment, Higgins CJ and Connolly J discussed the application of s 18 of the HRA (right of liberty and security of the person) to strict liability offences. They considered that there was nothing in the HRA which prevented strict liability offences, particularly where public safety was involved. Lander J stated that the HRA was not relevant to the construction of the offence and did not discuss it further. The case summary is at http://acthra.anu.edu.au/cases/case.php?id=60. R v Griffin related to the right of fair trial, where the police had lost key evidence. The Court noted that under s 21 of the HRA, there was a positive right to a fair trial, rather than the right not to be tried unfairly at common law, although in this case it did not affect the result. The case summary is at http://acthra.anu.edu.au/cases/case.php?id=61. The case is an appeal from an earlier decision of the Supreme Court, the summary of which is also available on the website at http://acthra.anu.edu.au/cases/case.php?id=51. *NEWS* There has been a lot of news surrounding bills of rights over the past fortnight. In NSW, former Attorney-General Bob Debus has launched a bill of rights campaign, however the new Attorney-General has rejected the need for a bill of rights. At the federal level, the ALP National Conference considered adopting a Charter of Rights as part of its platform, but instead agreed to initiate a public inquiry on how best to recognise human rights. The federal government remains opposed to a bill of rights. In the last fortnight, there have also been a lot of opinion pieces, both for and against bills of rights. All of these articles are available on the home page of the website. Regards, Kim From kim.pham at anu.edu.au Mon Apr 30 11:17:43 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Mon Apr 30 11:17:53 2007 Subject: [Acthra_list] Cases Message-ID: <1760.150.203.226.98.1177895863.squirrel@sqmail.anu.edu.au> Here are the case summaries - I forgot to attach them to the last email. Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: R v Griffin.doc Type: application/msword Size: 28160 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070430/6eb6eb09/RvGriffin-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: Hausmann v Shute.doc Type: application/msword Size: 30720 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070430/6eb6eb09/HausmannvShute-0001.doc From kim.pham at anu.edu.au Mon May 7 14:39:25 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Mon May 7 14:39:27 2007 Subject: [Acthra_list] News from WA; new resources on ACTHRA website Message-ID: <1447.150.203.226.98.1178512765.squirrel@sqmail.anu.edu.au> Dear all, DEVELOPMENTS IN WA In case you are not aware, West Australia has become the latest state to investigate a bill of rights. The West Australian government has just announced a consultation committee to examine the question of how a Human Rights Act would operate in WA, and what rights it should cover. The website of the Committee is at www.humanrights.wa.gov.au. A copy of the draft bill of rights and the discussion paper, as well as media coverage of the events in WA, are also available on our website at http://acthra.anu.edu.au/news/WA.htm. HANSARD Our research team has been monitoring the ACT Legislative Assembly Hansard for references to the HRA, and to human rights in general. Extracts from 2005 up until the most recent 2007 sittings are now available in the Resources section of the ACTHRA site: http://acthra/resources/index.html. In coming weeks, I will also be adding links to the ACT Scrutiny of Bills Committee reports and the government responses to those reports. I will let you know when they are on the site. Regards, Kim From kim.pham at anu.edu.au Wed May 23 08:59:03 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Wed May 23 08:59:10 2007 Subject: [Acthra_list] [Fwd: Race Discrimination case] Message-ID: <1658.150.203.218.157.1179874743.squirrel@sqmail.anu.edu.au> Dear all, I received the email below from a member of the mailing list, requesting assistance with a case under the Racial Discrimination Act (Cth). If anybody is interested, see the email below for more information. Please direct any queries about this matter to Michael Firestone at suffanu@yahoo.com.au. Regards, Kim ---------------------------- Original Message ---------------------------- Subject: Race Discrimination case From: "SUFFA" Date: Fri, May 18, 2007 10:47 am To: "Kim Pham" -------------------------------------------------------------------------- To: Kim Pham / ACT-HRA legal network Dear Kim, I am on your ACT-HRA Legal Network mailing list. An acquaintance of mine has indicated that he is seeking legal assistance in relation to a case under the federal Racial Discrimination Act. The facts and issues in the case strike me as being unusual and very important. Would it be possible to enquire (of the Network members) whether anyone would be interested in getting involved in his case? I suspect that an initial free consultation (of an hour or so) would be the first step, as the man's life has been ruined and he is desperately short of money. The case has already generated a certain amount of publicity (even notoriety), but I will say no more than that just now. Please let me know if you have any suggestions. Yours sincerely, Michael From: Michael Firestone From kim.pham at anu.edu.au Tue Jun 5 11:15:19 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Tue Jun 5 11:15:29 2007 Subject: [Acthra_list] [Fwd: Human Rights Community Forum] Message-ID: <1110.150.203.226.98.1181006119.squirrel@sqmail.anu.edu.au> Hi all, I have been asked to pass on details of the next Human Rights Community Forum. The next meeting of the forum, run by the Human Rights Commission, is on Friday 29 June 12-2pm in the Legislative Assembly Reception Room. Flier with more details is attached, or info is available on the HRC website in the News section: http://www.hrc.act.gov.au. Cheers, Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: Sixth forum flier.doc Type: application/msword Size: 108544 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070605/82585e1f/Sixthforumflier-0001.doc From harriss at law.anu.edu.au Fri Jun 8 15:30:51 2007 From: harriss at law.anu.edu.au (Susan Harris) Date: Fri Jun 8 15:31:29 2007 Subject: [Acthra_list] ALHR Lucky Miles film night - Mon 18 June In-Reply-To: <1110.150.203.226.98.1181006119.squirrel@sqmail.anu.edu.au> References: <1110.150.203.226.98.1181006119.squirrel@sqmail.anu.edu.au> Message-ID: <4669762B0200005600003BF1@lawmail.anu.edu.au> Dear ACT HRA List Australian Lawyers for Human Rights Inc (ALHR) is hosting a fundraising screening of the movie "Lucky Miles" at the Dendy Cinema Canberra. ALHR invites you to attend Dendy Canberra Centre in Canberra on Monday, 18 June 2007 during Refugee Week to enjoy this remarkable film and raise some much needed funds for ALHR. "Lucky Miles" Lucky Miles is a black comedy about distance, difference and dud maps. It's 1990 and an Indonesian fishing boat abandons Iraqi and Cambodian refugees in a remote part of Western Australia. Whilst most are quickly caught by officials, three men with nothing in common but their misfortune and determination escape arrest and begin an epic journey into the heart of Australia. Pursued by an army reservist unit, the three men wander deeper into the desert, desperately searching for civilisation amongst the stones of the Pilbara. Details of the screening: Monday 18 June 2007 6:00pm for a 6.30pm start. Dendy Canberra Centre Level 2, North Quarter, Canberra Centre 148 Bunda St CANBERRA CITY ACT 2600 Ticket Price: $20 each Refreshments are being served from 6pm with guest speakers and movie commencing at 6.30pm Guest speakers are: * Dr Pene Mathew - who is the Human Rights Legal and Policy Adviser for the ACT Human Rights Commission and Associate Professor at the ANU College of Law. She has been active on refugee issues as an academic and activist since the 1990s, and will provide an insight into what has changed in the refugee law landscape since the events depicted in 'Lucky Miles'. * Richard Towle - who is the UNHCR Regional Representative for Australia, NZ, PNG and the Pacific. He has been a member of the Refugee Status Appeals Authority in NZ and has had a long career of refugee work. He will talk about World Refugee Day and other UNHCR initiatives. * Geoff Burton Geoff is one of Australia's most renowned Directors of Photography. Among his many credits are some of the seminal films of Australian cinema including Sunday Too Far Away, Storm Boy and The Year My Voice Broke. Geoff has worked with all of Australia's leading directors, including Phil Noyce (Dead Calm), John Duigan (The Year My Voice Broke, Flirting) and Tracey Moffatt (Bedevil). As cinematographer, he was also responsible for some of the highlights of Australian television, including Vietnam, Bangkok Hilton, Hell Has Harbour Views and After the Deluge. Winner of AFI, Film Critics Circle and Golden Tripod Awards for cinematographer, Geoff has also worked as a writer and director, and has directing credits that include Sydney: The Story of a City, Aftershocks, Intensive Care and The Sum of Us (co-director). Geoff was also the writer/director of the TV series The Australians at War. Tickets must be pre-purchased via the internet - Visit our webpage by clicking: Buy Tickets or contact Sue Harris Rimmer (Canberra) on 0406 376 809 or act@alhr.asn.au Purpose of the screening ALHR intends to use the funds raised from the Canberra Screening for the purpose of developing and delivering ALHR's human rights training. How you can help You can help ALHR in a number of ways. 1) Purchase tickets for yourself and friends - Buy Tickets 2) Encourage your firm or workplace to purchase a block of 12 tickets to the screening - Ask your workplace to purchase a block of 12 tickets to say thank you to the lawyers/staff for all the hard work they do, both pro bono and throughout the firm's operations. The cost of a block of 12 tickets is only $240 and it provides your firm or workplace with a sign (with their logo and name) at the end of the row of seats and guarantees prime viewing position too. 4) Advertise the fundraiser amongst all of your friends and colleagues - Please forward this e-mail and website details to all your networks. Fundraising Home Page -------------- next part -------------- A non-text attachment was scrubbed... Name: LUCKYMILES_evite_alhr_can.pdf Type: application/pdf Size: 151366 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070608/8cf2074c/LUCKYMILES_evite_alhr_can-0001.pdf From kim.pham at anu.edu.au Mon Jun 18 14:36:44 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Mon Jun 18 14:36:47 2007 Subject: [Acthra_list] New Case Message-ID: <2406.150.203.226.98.1182141404.squirrel@sqmail.anu.edu.au> Hi all, Just letting you know about a new HRA case from the AAT, Z v Commissioner for Housing, in which the applicant challenged a decision to strike out her application for housing. The Tribunal set ss 11 and 30 of the HRA, but although the Member had recourse to explanatory memorandum in interpreting provisions of the Housing Program, found that there was "insufficient ambiguity" to invoke the HRA. The case summary is attached in Word, or the link is http://acthra/cases/case.php?id=62. Regards, Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: Z v Commissioner for Housing.doc Type: application/msword Size: 27648 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070618/41ba80cb/ZvCommissionerforHousing-0001.doc From kim.pham at anu.edu.au Thu Jun 21 15:18:20 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Thu Jun 21 15:18:23 2007 Subject: [Acthra_list] Additional Comment on Case Message-ID: <1511.150.203.226.98.1182403100.squirrel@sqmail.anu.edu.au> Dear all, An additional comment has been added to the case summary posted on Monday. The case summary with additional comment is also attached to the email. Extracts of Hansard regarding the HRA to date are now also available on the website on the Resources page. Cheers Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: Z v Commissioner for Housing.doc Type: application/msword Size: 25088 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070621/11d9d4e4/ZvCommissionerforHousing-0001.doc From kim.pham at anu.edu.au Thu Jul 12 11:02:08 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Thu Jul 12 11:02:12 2007 Subject: [Acthra_list] New Cases: s 21 Message-ID: <2038.150.203.226.98.1184202128.squirrel@sqmail.anu.edu.au> Hi all, Two new cases on the HRA were handed down by Connolly J last week, both on the right to fair trial under s 21. R v Bersinic concerns an application by the Commonwealth in a criminal trial for orders preventing the publication or disclosure of the occupations of certain witnesses on national security grounds. Connolly J briefly refers to the HRA as the source of a right to fair trial when discussing the impact the orders may have on the possibility of a fair trial. Link: http://acthra.anu.edu.au/cases/case.php?id=63 West v NSW is a decision on an application to strike out a claim under the Court Procedure Rules 2006. Connolly discusses the right to fair trial when determining what test should be used to determine whether a claim should be struck out. He also discusses case law from the UK, which has similar new Civil Procedure Rules and which also has a right to fair trial contained in the HRA (UK). Link: http://acthra.anu.edu.au/cases/case.php?id=64 Word versions of both case summaries are also attached. Cheers, Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: R v Bersinic.doc Type: application/msword Size: 24064 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070712/2b6e5420/RvBersinic-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: West v NSW.doc Type: application/msword Size: 31232 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070712/2b6e5420/WestvNSW-0001.doc From kim.pham at anu.edu.au Thu Jul 12 12:37:46 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Thu Jul 12 12:37:48 2007 Subject: [Acthra_list] Victorian Charter register Message-ID: <2308.150.203.226.98.1184207866.squirrel@sqmail.anu.edu.au> Hi all, For anyone interested in the Victorian Charter of Human Rights and Responsibilities, I have received an email from the Victorian Equal Opportunity and Human Rights Commission about a useful resource they are keeping in relation to the Charter. The Commission is maintaining a register of all Statements of Compatibility tabled in Parliament (a number of which have been extremely detailed) together with the related comments of the Scrutiny of Acts and Regulations Committee on the human rights compatibility of Bills. It is turning into an interesting glimpse of the human rights dialogue developing between the legislature and executive. The register is accessible via the following link and is updated periodically. http://www.humanrightscommission.vic.gov.au/human%20rights/the%20victorian%20charter%20of%20human%20rights%20and%20responsibilities/ The link will also be available from the ACTHRA website on the Victoria page. Kim From kim.pham at anu.edu.au Wed Jul 25 16:30:53 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Wed Jul 25 16:30:57 2007 Subject: [Acthra_list] New Case Message-ID: <1165.150.203.226.98.1185345053.squirrel@sqmail.anu.edu.au> Hi all, Another case from the ACT Supreme Court: R v JA. The case concerned an 11 year old boy who was acquitted on charges of assault and act of indecency because he lacked criminal capacity. There was some media coverage on the case last week, however the reference to the HRA is minimal. The link to the summary is http://acthra.anu.edu.au/cases/case.php?id=65 and it is also attached. Cheers Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: R v JA.doc Type: application/msword Size: 28160 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070725/bdba3f9a/RvJA-0001.doc From Gabrielle.McKinnon at anu.edu.au Thu Aug 16 11:01:05 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Thu Aug 16 11:01:13 2007 Subject: [Acthra_list] New case Kola v R Message-ID: <001801c7dfa0$ec34c070$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: Kola v The Queen.doc Type: application/msword Size: 35840 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070816/874b8a24/KolavTheQueen-0001.doc From Gabrielle.McKinnon at anu.edu.au Thu Aug 16 12:14:14 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Thu Aug 16 12:14:24 2007 Subject: [Acthra_list] Wed 22 Aug: Launch of the Human Rights Commission Corrections Audit Message-ID: <005301c7dfab$24947820$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: Invitation to Launch of Corrections Audit 22 August 20071.doc Type: application/msword Size: 101376 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070816/4809a55b/InvitationtoLaunchofCorrectionsAudit22August20071-0001.doc From kim.pham at anu.edu.au Wed Aug 22 09:48:45 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Wed Aug 22 09:48:50 2007 Subject: [Acthra_list] New Case: Zardo v Parisi Message-ID: <1519.150.203.226.98.1187740125.squirrel@sqmail.anu.edu.au> Hi all, Another new ACTHRA case. This one was an appeal from a costs decision made by a Magistrate. The HRA did not affect the actual outcome, however Connolly J makes the interesting comment that the Supreme Court Rule that applied at the time may be invalid under HRA s 21. The Word summary is attached, or is available at http://acthra.anu.edu.au/cases/case.php?id=67 Cheers Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: Zardo v Parisi.doc Type: application/msword Size: 29184 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070822/2b291ab7/ZardovParisi-0001.doc From Gabrielle.McKinnon at anu.edu.au Wed Aug 29 16:34:22 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Aug 29 16:34:25 2007 Subject: [Acthra_list] R v Okwechime Message-ID: <005b01c7ea06$a2af0170$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: R v Okwechime.doc Type: application/msword Size: 31232 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070829/a5bfe854/RvOkwechime-0001.doc From Gabrielle.McKinnon at anu.edu.au Thu Sep 13 16:38:32 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Thu Sep 13 16:38:30 2007 Subject: [Acthra_list] Housing case - Commissioner v Allan Message-ID: <000001c7f5d0$b3f50350$62e2cb96@anu.edu.au> Hello all Just to let you know about a (relatively) new HRA case relating to public housing. Commissioner for Housing for the ACT v Allan [2007] ACTRTT 21 ( 23 July 2007 ). Sorry for the delay in reporting this one. The Tribunal made an order to evict a public housing tenant due to the illegal activities and violence of the tenant's ex partner, but had urged the Commissioner to consent to a transfer, rather than a termination, in circumstances where the tenant had small children and was also the victim of violence by the partner. The Tribunal member, Mr Anforth makes strong comments about the Commissioner's social duty to provide housing, and the human rights of tenants. Summary is now available at http://acthra.anu.edu.au/cases/case.php?id=69 Full case is at http://www.courts.act.gov.au/magistrates/tribunals/rtt/decisions/allan1.htm Kind regards Gabrielle -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070913/f03502c3/attachment.html From Gabrielle.McKinnon at anu.edu.au Wed Sep 19 09:56:59 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Sep 19 09:57:08 2007 Subject: [Acthra_list] Circle sentencing case, and human rights lecture Message-ID: <001001c7fa4f$99bf9b20$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: McMillan1.pdf Type: application/pdf Size: 84160 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070919/355a3ac5/McMillan1-0001.pdf From Gabrielle.McKinnon at anu.edu.au Wed Sep 19 17:01:35 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Sep 19 17:01:43 2007 Subject: [Acthra_list] Next network meeting Fri 19 Oct 2007 Message-ID: <009801c7fa8a$eb028430$62e2cb96@anu.edu.au> Hello all We thought it was time to hold another face to face meeting of the ACTHRA Legal Network, and decided that we should try a lunch time rather than evening, to see if that is more convenient for people to attend. So, the next meeting will be held in the Boardroom of the ACT Law Society Office (Level 3, 11 London Circuit, Canberra City) at 1pm Friday 19 October 2007. I envisage that the meeting should finish between 2 and 2.30pm. Pene Mathew, Legal Advisor to the ACT Human Rights Commission will provide an overview of the recent human rights audit of correctional facilities in the ACT. I can provide a general update on what has been happening in the last few months, and a report back from the conference in Melbourne next week. It would also be useful to have a discussion about the objectives of the Network and about face to face meetings - do we want to continue with these, and what should they cover? All welcome, please RSVP to me at gabrielle.mckinnon@anu.edu.au or ph 6125 7103. A light sandwich lunch will be provided Kind regards Gabrielle McKinnon -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20070919/2dce7078/attachment.html From Gabrielle.McKinnon at anu.edu.au Fri Oct 12 09:58:17 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Fri Oct 12 09:58:20 2007 Subject: [Acthra_list] Speech by Justice Michael Kirby Message-ID: <005101c80c62$97e64cc0$62e2cb96@anu.edu.au> Hello all I am forwarding on the Hawke Lecture by Justice Kirby just in case it is of interest - he recommends (towards the end) the adoption of an Australian bill of rights, based on the ACT and Victorian model. The full speech is attached, and the SMH article appears below. Kind regards Gabrielle -----Original Message----- Kirby in stinging attack on fellow High Court judges (Full speech attached) Jonathan Pearlman SMH Online October 11, 2007 THE High Court's most vocal dissenter, Michael Kirby, has lashed out at the backwardness of his fellow judges, identifying freedoms that he says would never have been won under the chief judge, Murray Gleeson. In a bold speech, even by Justice Kirby's standards, he spoke out yesterday on behalf of "stirrers and troublemakers" and criticised a tendency by the Australian public to only recognise heroes after they died. "I often ask myself whether the Mabo decision in 1992 or the Wik decision in 1996 . would be decided by the High Court the same way today," he said. After listing a series of developments that emerged from dissenting judgments, including expanded freedoms of the press, free speech and rights to a lawyer, Justice Kirby said: "The answer to all of these questions of whether such cases would be answered the same way today seems to be: probably not. "The surprising feature of the decisions of the present High Court is . that there are not more differing voices than mine amongst the other justices given the major questions and inherent disputability of the issues commonly presented for the court's decision." At an annual speech in Adelaide to honour Bob Hawke, Justice Kirby called for a charter of rights and praised the freedoms developed under the stewardship of Sir Anthony Mason, chief judge from 1987 to 1995. "Australian citizens and Australian lawyers who know of these decisions of the Mason court know that law does not inevitably have to be unjust, out of date and unequal," he said. "It does not have to sustain unquestioningly the power of the past. Law can be modern, human rights-respecting, equal in its treatment of minorities and attentive to the rights to equality of all individuals." Justice Kirby, who is the court's most frequent dissenter, said dissenting judges frequently offered a beacon whose views were ultimately accepted as correct by subsequent courts. "Occasionally progress is only attained by candid disclosure of differences; by planting the seed of new ideas; and waiting patiently to see if these eventually take root." Justice Kirby said judges were independent and free of political influence and expediency and were therefore in a position to break with consensus opinions. This had encouraged courts to expand freedoms for women, Asians and non-white immigrants, gays and sexual minorities, and prisoners. "Other changes only gathered pace when the independent courts broke the spell of the existing consensus and injected a new dynamic," he said. "If Australians had not lived for more than a decade under the Mason court they could be forgiven for thinking that Australian law was unbending and unchanging, like the laws of the Medes and Persians." Justice Kirby backed calls for a charter of human rights, which he said had become increasingly a necessity as the population became more diverse. He called for a "softer" charter - such as those in Britain, the ACT and Victoria - which did not allow courts to strike down laws but enabled them to recommend changes. "It is needed not to diminish our parliaments but to make them more responsive to the basic wrongs that today are sometimes ignored and neglected." This story was found at: http://www.smh.com.au/articles/2007/10/10/1191695991705.html -------------- next part -------------- A non-text attachment was scrubbed... Name: 2007ahl_kirby.pdf Type: application/pdf Size: 96807 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071012/64b52bed/2007ahl_kirby-0001.pdf From kim.pham at anu.edu.au Tue Oct 16 11:32:34 2007 From: kim.pham at anu.edu.au (Kim Pham) Date: Tue Oct 16 11:32:37 2007 Subject: [Acthra_list] New Case (Housing) Message-ID: <1596.150.203.226.98.1192498354.squirrel@sqmail.anu.edu.au> Hi all, Another HRA case in relation to housing - Commissioner for Housing in the ACT v Y. In this case, a single mother appealed the decision to remove her from the housing register because her income was to high. The AAT upheld her appeal, and the Commissioner sought leave to appeal in the Supreme Court. Higgins CJ discusses the discretions under the Housing Program to disregard amounts of income when calculating income, and to waive the income requirement for eligibility where hardship is involved. Relying on HRA s 21, he reaches a result that allows for review of the exercise of discretion, over a result that would not allow for review. The summary is at http://acthra.anu.edu.au/cases/case.php?id=72 and is also attached. Also a reminder about the ACTHRA Legal Network Meeting, this Friday at 1pm - hope to see you there. Cheers Kim -------------- next part -------------- A non-text attachment was scrubbed... Name: Commissioner for Housing in the ACT v Y.doc Type: application/msword Size: 32256 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071016/a783cbeb/CommissionerforHousingintheACTvY-0001.doc From MJeganathan at slatergordon.com.au Wed Oct 17 14:13:30 2007 From: MJeganathan at slatergordon.com.au (Max Jeganathan) Date: Wed Oct 17 14:15:33 2007 Subject: [Acthra_list] Plse add me Message-ID: Skipped content of type multipart/alternative From Gabrielle.McKinnon at anu.edu.au Thu Oct 18 11:21:06 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Thu Oct 18 11:21:06 2007 Subject: [Acthra_list] Eastman case and reminder about meeting tomorrow Message-ID: <000601c81125$286be180$62e2cb96@anu.edu.au> Hello all New case I've just added another summary to our case database - of an application made by David Eastman in relation to the place and conditions of his custody while conducting various appeals in the ACT Court of Appeal. The Chief Justice makes interesting (and perhaps controversial) comments regarding the Human Rights Act, and in particular, suggests that the rights (for example the right of remandees to be segregated from convicted prisoners) are free-standing enforceable rights, rather than relying on the interpretive obligation in section 30. I've extracted some of the exchanges between Higgins CJ and counsel on these issues in the summary, and have added a brief comment: http://acthra.anu.edu.au/cases/case.php?id=73 Thank you to Richard Refshauge for his invaluable assistance in alerting us to these matters as they arise. Also, for a few people I've just added to the mailing list who missed the earlier email, Kim put up another interesting new case the other day - the Commissioner of Housing v Y http://acthra.anu.edu.au/cases/case.php?id=72. Meeting Tomorrow A reminder that there is a meeting of the ACT Human Rights Act legal network tomorrow lunchtime at the ACT Law Society Office Level 3, 11 London Circuit, Canberra City at 1pm Friday 19 October 2007. I envisage that the meeting should finish between 2 and 2.30pm. Pene Mathew, Legal Advisor to the ACT Human Rights Commission will provide an overview of the recent human rights audit of correctional facilities in the ACT. I can provide a general update on what has been happening in the last few months, and a report back from the conference in Melbourne. It would also be useful to have a discussion about the objectives of the Network and about face to face meetings - do we want to continue with these, and what should they cover? All welcome (you don't have to be an existing member - we particularly encourage members of the legal profession who might be interested in the Human Rights Act to come along) A light sandwich lunch will be provided Kind regard Gabrielle McKinnon Ph 6125 7103 -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071018/94691076/attachment.html From Gabrielle.McKinnon at anu.edu.au Fri Oct 19 16:57:17 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Fri Oct 19 16:57:21 2007 Subject: [Acthra_list] brief minutes of our meeting this afternoon Message-ID: <000201c8121d$49805d80$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: Minutes ACTHRA Legal Network 19-10-07.doc Type: application/msword Size: 38400 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071019/dd0e59dd/MinutesACTHRALegalNetwork19-10-07-0001.doc From gabrielle.mckinnon at anu.edu.au Fri Oct 19 23:16:10 2007 From: gabrielle.mckinnon at anu.edu.au (Gabrielle Natalie McKinnon) Date: Fri Oct 19 23:16:14 2007 Subject: [Acthra_list] correction to the minutes (AAT not RTT) Message-ID: <59474.203.26.16.66.1192799770.squirrel@sqmail.anu.edu.au> Hello again Sorry, just noticed an error in the minutes I sent out earlier today in the final section in relation to housing matters, the reference there should be to the Administrative Appeals Tribunal (AAT) not RTT. cheers Gabrielle From Hanna.Jaireth at parliament.act.gov.au Mon Oct 22 09:29:15 2007 From: Hanna.Jaireth at parliament.act.gov.au (Jaireth, Hanna) Date: Mon Oct 22 09:29:45 2007 Subject: [Acthra_list] Day of the Imprisoned Writer 15 November 2007 - FYI further to discussion last week Message-ID: <85821F5F40767A45876BCF33847127CA027809A2@cal067.act.gov.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: DoIW 2007 - Recommendations.doc Type: application/msword Size: 70656 bytes Desc: DoIW 2007 - Recommendations.doc Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/DoIW2007-Recommendations-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: DoIW - Burma - Zargana.doc Type: application/msword Size: 59392 bytes Desc: DoIW - Burma - Zargana.doc Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/DoIW-Burma-Zargana-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: =?iso-8859-1?Q?DoIW_2007_-_Cuba_-_Normando_Hern=E1ndez_Gonz=E1lez.doc?= Type: application/msword Size: 77824 bytes Desc: =?iso-8859-1?Q?DoIW_2007_-_Cuba_-_Normando_Hern=E1ndez_Gonz=E1lez.doc?= Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/iso-8859-1QDoIW_2007_-_Cuba_-_Normando_HernE1ndez_GonzE1lez-0001.dot -------------- next part -------------- A non-text attachment was scrubbed... Name: DoIW 2007 - Gambia - Fatou Jaw Manneh - SW edit.doc Type: application/msword Size: 102912 bytes Desc: DoIW 2007 - Gambia - Fatou Jaw Manneh - SW edit.doc Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/DoIW2007-Gambia-FatouJawManneh-SWedit-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: DoIW 2007 - Iran - Yadali.doc Type: application/msword Size: 457728 bytes Desc: DoIW 2007 - Iran - Yadali.doc Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/DoIW2007-Iran-Yadali-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: DoIW 2007 - Uzbeksitan - Dzhamshid Karimov.doc Type: application/msword Size: 61952 bytes Desc: DoIW 2007 - Uzbeksitan - Dzhamshid Karimov.doc Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/DoIW2007-Uzbeksitan-DzhamshidKarimov-0001.doc -------------- next part -------------- A non-text attachment was scrubbed... Name: DoIW 2007 - Killings.doc Type: application/msword Size: 55296 bytes Desc: DoIW 2007 - Killings.doc Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071022/ad05a917/DoIW2007-Killings-0001.doc From Gabrielle.McKinnon at anu.edu.au Mon Nov 5 11:20:46 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Mon Nov 5 11:20:49 2007 Subject: [Acthra_list] Tables of Hansard extracts available on our website Message-ID: <000801c81f41$b5e88930$62e2cb96@anu.edu.au> Hello all Just in case you hadn't come across it, we now have tables of Hansard extracts of all debates of the ACT Legislative Assembly which refer to the Human Rights Act, or human rights issues since the commencement of the Act. We had been compiling these for our own use, but thought it might be a useful resource for others. Some of the debates and comments are quite interesting (or do you think I just need to get out more?) They are available in the resources section of the site: http://acthra.anu.edu.au/resources/index.html Of course the usual disclaimers apply - these extracts are cut and pasted from Hansard, and we do our best to be accurate with page numbers etc, but they are not an official record of the Assembly debates - check the Legislative Assembly site http://www.hansard.act.gov.au/start.htm for the official Hansard. Kind regards Gabrielle -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071105/29fc6689/attachment.html From Gabrielle.McKinnon at anu.edu.au Wed Nov 21 17:02:34 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Nov 21 17:02:41 2007 Subject: [Acthra_list] FW: Human Rights Law Resource Centre Bulletin - Edition 20 Message-ID: <000201c82c04$1c0d3ca0$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: HRLRC Bulletin - 12.07.pdf Type: application/pdf Size: 189951 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071121/c9fda365/HRLRCBulletin-12.07-0001.pdf From Gabrielle.McKinnon at anu.edu.au Wed Nov 28 09:52:09 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Nov 28 09:52:15 2007 Subject: [Acthra_list] FW: Human Rights Commission Community Forum Message-ID: <002d01c83148$24171d00$62e2cb96@anu.edu.au> Skipped content of type multipart/alternative-------------- next part -------------- A non-text attachment was scrubbed... Name: HRC Community Forum Poster.doc Type: application/msword Size: 210944 bytes Desc: not available Url : http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071128/eae0d505/HRCCommunityForumPoster-0001.doc From Gabrielle.McKinnon at anu.edu.au Wed Dec 5 10:35:48 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Dec 5 10:35:51 2007 Subject: [Acthra_list] Moves towards a national charter of rights Message-ID: <001f01c836ce$665a83b0$62e2cb96@anu.edu.au> Hello all Just in case you hadn't seen it, there was an interesting article on the new AG Robert McClelland in Saturday's SMH, where he says that he plans to sign a 'landmark charter enshrining the rights and responsibilities of the nation's legislators' within the next three years. http://www.smh.com.au/news/national/doityourself-charter-to-right-future-wro ngs/2007/11/30/1196394622534.html The article and a response from Janet Albrechtsen are on our website http://acthra.anu.edu.au/news/federal.htm Kind regards Gabrielle -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071205/0e02c3f7/attachment.html From Gabrielle.McKinnon at anu.edu.au Fri Dec 7 14:33:57 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Fri Dec 7 14:34:03 2007 Subject: [Acthra_list] FW: Human Rights Amendment Bill 2007 (ACT) Message-ID: <002a01c83881$ffdd29c0$62e2cb96@anu.edu.au> Hello all I'm forwarding on details and link to a new amendment bill just introduced by the ACT government that will make some important changes to the ACT Human Rights Act in response to the first review. The Bill adds a new duty on public authorities to comply with human rights, and a right of action and remedy (but not damages) for breach, to come into force Jan 2009. The Bill also clarifies the interpretation provision and its interaction with the 'purpose test' in the Legislation Act, and fleshes out the proportionality test for limitations on human rights in s28. http://www.legislation.act.gov.au/b/db_31588/default.asp Kind regards Gabrielle -----Original Message----- From: Duggan Larkin, Jess [mailto:Jess.DugganLarkin@act.gov.au] Sent: Friday, December 07, 2007 11:42 AM To: gabrielle.mckinnon@anu.edu.au; hilary.charlesworth@anu.edu.au; Catherine Dixon (E-mail); Janine Pritchard (E-mail); Mathew, Pene; Watchirs, Helen; george.williams@unsw.edu.au Cc: Thilagaratnam, Renuka; Hancock, Nathan Subject: Human Rights Amendment Bill 2007 (ACT) Dear all On 6 December 2007 the ACT's Attorney-General introduced the Human Rights Amendment Bill 2007 into the ACT Legislative Assembly. The Bill amends the Human Rights Act 2004 to: * clarify the interpretive rules so that a human rights consistent interpretation must prevail as far as is possible consistent with the purpose of underlying legislation; * clarify the reasonable limits clause by setting out an inclusive list of factors to be considered in determining whether a limit on a right is reasonable; * provide a direct right of action flowing from a duty on public authorities to comply with human rights; and * expand the obligation to give notice to the Attorney General and the Human Rights Commission to all legal proceedings in the Supreme Court in which interpretation of the HRA is to be argued. A copy of the Bill and its explanatory statement can be found at http://www.legislation.act.gov.au/b/db_31588/default.asp Warm regards Jess Jess Duggan-Larkin Legal Policy Officer Human Rights Unit Department of Justice and Community Services Ph: 6205 4099 Email: Jess.DugganLarkin@act.gov.au ----------------------------------------------------------------------- This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person. ----------------------------------------------------------------------- -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071207/2447688a/attachment.html From Gabrielle.McKinnon at anu.edu.au Wed Dec 12 13:05:29 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Wed Dec 12 13:05:38 2007 Subject: [Acthra_list] EDO bulletin and new appointments to the Supreme Court Message-ID: <003601c83c63$784d2650$62e2cb96@anu.edu.au> Hello all Happy Human Rights Day for Monday! I'm forwarding on the special international human rights day bulletin published by the Environmental Defenders Office, for your info. You may also have seen that Richard Refshauge SC, the ACT DPP has now been appointed to the Supreme Court of the ACT. Richard has been a great supporter of our ACT Human Rights Act Research Project, and the network. We wish him all the best in this new role, and will look forward to his judgments with much interest. Hillary Penfold, secretary of the Federal Parliamentary Services Department has also been appointed to the Court. Finally, if you are having any trouble using the link to the HRA Amendment Bill from my last message, I've put a page up on the website at http://acthra.anu.edu.au/news/Amendment%20to%20the%20HRA.htm Kind regards Gabrielle -----Original Message----- From: Jaireth, Hanna [mailto:Hanna.Jaireth@act.gov.au] Sent: Monday, December 10, 2007 4:31 PM To: gabrielle.mckinnon@anu.edu.au Subject: EDO bulletin may be of interest to ACT HR network Environmental Defender's Office - New South Wales (Ltd) Environmental Defender's Office New South Wales (Ltd) Weekly Bulletin Special EDO eBulletin- 10 December 2007: No 540 International Human Rights Day 2007 1. The EDO in Papua New Guinea 2. Caring for Country 3. Climate Change and the Torres Strait Islands _____ International Human Rights Day 2007 International Human Rights Day is celebrated globally on 10 December every year to commemorate the signing of the Universal Declaration of Human Rights (UDHR) in 1948. The UDHR establishes human rights as unchallengeable and applicable to all people regardless of race, gender or politics. Human rights include civil and political rights, as well as social, economic and cultural rights that assure people of their right to basic life standards. No binding international agreement exists that has environmental rights as its focus. This is despite the proven greater environmental burdens of pollution, industrial facilities, crime and ecosystem degradation borne by racial minorities, residents of developing nations, women, and particularly the poor. These groups also have significantly lower environmental access to goods such as nutritious food, clean air and water, health care, parks, recreation and education, to name a few. The Environmental Defender's Office is committed to improving access to environmental information and justice to help protect the environment through law. Below are a number of our initiatives and projects that are linked to the promotion of environmental human rights. 1. The EDO in Papua New Guinea The Environmental Defender's Office is able to support the Environment Law Centre (ELC) and more recently the Centre for Environmental Law and Community Rights (CELCOR) in Papua New Guinea through a generous grant from the US-based MacArthur Foundation. Photo: Litigation/policy training held in Port Moresby in September 2007. Kirsty Ruddock (EDO Principal solicitor) and Andrew Burke (Programs Director) in back row. The EDO provides litigation training and support to these centres, as well as facilitating lawyer exchanges and external training. Environmental lawyers in PNG find themselves in an extremely challenging working environment, where they are often at great personal risk in challenging powerful logging interests and corruption. Over the years, the ELC has won a number of precedent-setting cases, including in 2002 the prevention of logging at Collingwood Bay, which was litigated behalf of the Maisin people. This win saved 40,000 hectares of rainforest from logging and upheld the rights of traditional landowners. 2. Caring for Country The EDO has recently published Caring for Country: A Guide to NSW Environmental Law for Aboriginal Communities, which is part of an ongoing project initially funded by the Law and Justice Foundation. The Guide was written by Neva Collings, the first Aboriginal Liaison Officer of the EDO. To complement this groundbreaking publication, the EDO is holding a number of workshops in rural and regional NSW during 2007-2008. The Guide has been extremely well-received (please visit http://www.smh.com.au/news/environment/law-meets-lore-for-the-sake-of-the-la nd/2007/11/13/1194766675299.html). The Caring for Country Guide attempts to bridge the dearth of information available to Aboriginal communities for the management of their land, or for the preservation of environmental and culturally significant sites and relics. It is the first time that such a publication has existed in NSW, which recognises the fact that Aboriginal people are the second largest landholder group in NSW after the Crown. The Guide is written in a question-and-answer format, in plain legal language with case studies, and the EDO hopes it will help Aboriginal people to continue managing their country effectively. The Guide is available on our website at www.edo.org.au/edonsw. If you would like to receive a hard copy of the Guide, or if you would like more information on our workshops, please email education@edo.org.au. 3. Climate Change and the Torres Strait Islands In early 2008 the Environmental Defender's Office will be holding a seminar on the impact of climate change on the Torres Strait Islands, and the legal implications of its potential damaging effects. Further details will be forthcoming shortly. In recent years the Torres Strait Islanders have been noticing a subtle shift in weather patterns - stronger winds and higher tides that have caused coastal damage and flooding - that cannot be explained by traditional weather patterns. If the predictions of the United Nations' Intergovernmental Panel on Climate Change (IPCC) eventuate, Torres Strait Islanders will experience higher storm tides, temperature increases and rainfall pattern changes resulting in more extreme weather in both the monsoon and dry seasons. This may have devastating effects on several island populations, with reduced access to fresh water, greater disease transference risk, the erosion and degradation of cultural sites and relics, as well as large changes in the distribution of plants and animals. Such a predicament for the Torres Strait Islanders has both environmental and human rights implications. If Climate change makes some of these islands uninhabitable, the Islanders will be disconnected from their land- a key element in their culture and traditions.. Despite the predicted increase in the frequency and severity of storm tides, there has been little action from the Queensland or Australian Governments to protect Torres Strait Islanders from these effects. In the absence of political action, it is likely that the legal action will be the only option available to force governments to heed the concerns of Islanders about climate change.. Legal action brought by Islanders could focus on protecting native land rights, or their human right to take part in cultural life. Alternatively, legal action could focus on industries contributing significantly to climate change. At the state level, the Queensland Environmental Protection Act 1994 includes an offence of causing serious or material environmental harm. It is arguable that coal-fired power stations in Queensland that are emitting greenhouse gases are causing environmental harm and contributing to impacts such as greater storm tides in the TSI region. One of the benefits of the Environment Protection Act is that it does not require a particular power station to be the only cause of climate change, which is caused by many factors. A Court could order a company to pay the costs of damage to infrastructure in the TSI caused by storms. A difficulty in bringing such an action is, however, that there may be a number of responses from the power station, including that they had all the necessary approvals. The law of negligence is used to make people liable for their actions, so it is arguable that Australian governments at all levels have a duty of care to protect the land and culture of all Australian citizens, including Torres Strait Islanders, by acting to prevent harm to communities from climate change. However, most negligence claims are made against a particular company or person with clear responsibility for a problem, whereas climate change is a global problem with multiple causes. All islands in the TSI region have successful native title claims over them. Damage caused by climate change will impact upon those rights, particularly if some land area disappears due to sea level rise and extreme weather events. Therefore, Islanders may be able to bring compensation claims because their native title rights have been extinguished under the Native Title Act. In conclusion, all levels of government as well as industry clearly need to consider the financial and publicity risks of such legal cases brought against them, and consider a more mutually beneficial approach of reducing greenhouse gas emissions while also engaging in appropriate adaptation strategies. _____ EDO New South Wales offers free telephone advice on the Environmental Law Line. Open Tuesday, Wednesday and Thursday between 2:30pm and 5:30pm. Call 02 9262 6989, or for NSW residents outside of Sydney call 1800 626 239. If you require the assistance of an interpreter please call TIS National on 131 450 and ask to speak with the Environmental Defender's Office on 02 9262 6989 For more information on fact sheets, publications or on becoming a supporter, please contact education@edo.org.au This bulletin is meant for your general information. Where possible, references are given so that readers can access original sources or find more information. Any information contained in this bulletin does not represent legal advice. The EDO does not endorse and is not affiliated with events advertised in the Community News section. ENVIRONMENTAL DEFENDER'S OFFICE LTD (NSW) Level 1, 89 York St, Sydney NSW 2000 Telephone: (02) 9262 6989 Toll Free: 1800 626 239 Fax: (02) 9262 6998 ENVIRONMENTAL DEFENDER'S OFFICE NORTHERN RIVERS 10 Club Lane, Lismore NSW 2480 PO Box 212, Lismore NSW 2480 Telephone: 1300 369 791 Fax: (02) 6622 6404 _____ C 2007 Environmental Defender's Office (Ltd) NSW Digital Marketing Powered By dload - the power of digital marketing Home | Disclaimer | Privacy | Contact Us | Support the EDO | Unsubscribe ----------------------------------------------------------------------- This email, and any attachments, may be confidential and also privileged. If you are not the intended recipient, please notify the sender and delete all copies of this transmission along with any attachments immediately. You should not copy or use it for any purpose, nor disclose its contents to any other person. ----------------------------------------------------------------------- -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071212/e80331b0/attachment-0001.html From Gabrielle.McKinnon at anu.edu.au Thu Dec 20 13:00:12 2007 From: Gabrielle.McKinnon at anu.edu.au (Gabrielle McKinnon) Date: Thu Dec 20 13:00:15 2007 Subject: [Acthra_list] Last case for the year (I'm guessing!) Message-ID: <001601c842ac$0ea93f00$62e2cb96@anu.edu.au> Hello all The AAT has handed down its decision on the appeal on freedom of information applications made by Shadow Education Minister Vicki Dunne and another parent, for documents relating to the decision to close several Canberra schools. Counsel for Mrs Dunne made submissions on the use of the Human Rights Act in interpreting provisions of the FOI Act, but these were not accepted by the Tribunal, which again took a very narrow view of the interpretive provision in s30 of the Human Rights Act. My summary and comments (and link to the full case) are available here http://acthra.anu.edu.au/cases/case.php?id=74 I think that is likely to be all the ACT HRA news for 2007. I hope you all have a lovely Christmas break, and a very happy new year. All the best Gabrielle -------------- next part -------------- An HTML attachment was scrubbed... URL: http://mailman.anu.edu.au/pipermail/acthra_list/attachments/20071220/9a3c033c/attachment.html