Search
This area does not yet contain any content.
Justinian News

Sore bottoms on the bench ... Birchings for judgments that went askew ... Appeal reasons from higher up the food chain ... FCA judge finds that a commercial loss is really a bargain ... Trauma at the Tribunal ... Theodora reports ... Read more >> 

Politics Media Law Society


Pressing matters ... The media edition … Press gangs of Sydney … Turmoil in the newsrooms … Commercial newspapers and TV on their last legs … Moloch's people infiltrating everywhere … Medals for prize journalists … Streaming services – the new snails on the block ... Read on ... 

Lehrmann v Network Ten ... Judgment for sale ... Justice Lee's reasons in paperback ... More >>

Free Newsletter
Justinian Columnists

Online incitements ... Riots in English cities fed by online misinformation about refugees ... Policing and prosecution policies ... Fast and furious processing of offenders ... Online Safety Act grapples with new challenges ... Increased policing of speech on tech platforms ... Hugh Vuillier reports from London ... Read more >> 

Blow the whistle

 

News snips ...


This area does not yet contain any content.
Justinian's Bloggers

Postcard from London ... Watching Starmer mince the sausages ... How to move a file from the inactive list ... Court's failed email notification system ...Sleep monitors want to measure the extent of lawyers' restfulness ... Floyd Alexander-Hunt reporting from London ... Read more >> 

"As I found in my time in parliament, uniquely among the parties, it is only Liberals who defend the rights of their enemies.

George (Bookshelves) Brandis, writing in The Sydney Morning Herald, October 7, 2024 ... Read more flatulence ... 


Justinian Featurettes

Tootsies with Planet Janet ... Water Softener and the Planet ... Further details of the width and depth of their relationship ... Chief Justice of the ACT grants Justinian's application for access to more documents ... A barrage of text messages and phone calls throughout the Drumgold investigation ... Collated reporting ... More on Sofronoff and Albrechtsen ... Read more ... 


Justinian's archive

Regrets ... The then Media Watch host and one of the country's most magnificent silks birched in the High Court for not sticking to the rules ... Scratchy Stu ... From Justinian's Archive, May 1997 ... Read more ... 


 

 

« Another week down | Main | Pauline Wright »
Monday
May152017

Late, final, extra

May 9 to May 15 ... End to domestic violence victims being cross-examined by alleged perpetrators ... Animal welfare group balk at ban "in name only" on animal cosmetic testing ... Triggs criticises 457 visa cuts and other visa cancellations ... Victorian legislation ensures teenagers' consensual sexting doesn't automatically create an entry on the sex offenders' register ... Week@TheKnees with Sohini Mehta 

HEEDING the concerns of domestic violence victims and advocates, Attorney General George Brandis announced in Tuesday's budget (May 9) amendments to the Family Law Act to prevent domestic abuse survivors being cross-examined in court by self-represented abusers.

Former Australian of the Year Rosie Batty hailed the reforms as "a huge victory" for survivors. Earlier this year, domestic violence survivor Angela Zena Hadchiti described the experience of being cross-examined by her ex-husband as "reliving a nightmare".

Advocates also welcomed the $10.7 million injection over four years for extra family law "consultants" and $3.4 million over two years to continue trialling domestic violence units in legal centres. 

Terri Butler, the Labor spokesperson for child safety and prevention of family violence, said the reforms are "inadequate" as the situation of unrepresented litigants remains unresolved given the inadequate funding in place for legal aid lawyers.

*   *   *

Others were similarly dismayed when the legal minutiae of Coalition promises were elucidated in the budget papers. 

In the lead-up to the last federal election, the Coalition proposed a ban on cosmetic products tested on animals. Animal welfare group PETA said it's "disappointed" by the delay that has and will be incurred in implementing the ban. It's expected to come into force in 2019, at the earliest. 

The Australian spokesperson for Humane Society International, Nicola Beynon, said she was concerned the new laws would "only apply to ingredients that are exclusively used for cosmetics". 

Greens Senator Lee Rhiannon said the proposed new law would be a ban "in name only":

"We need to go to the issue of the ingredients. What the industry does is import animal-tested products and ingredients. And that's what we need to tackle."

Rhiannon is also dubious about the legislation's reliance on voluntary industry codes of practice. 

The federal assistant Minister for Health Dr David Gillespie, who is responsible for implementing the plan, said: 

"We can't uninvent the thousands and thousands of chemicals over the last 40-50 years that are already on the register. This is a prospective going forward ban. In the legislative world this is actually happening very quickly."

*   *   *

Outgoing human rights commissioner Gillian Triggs has attempted to slip under the Oz's radar as its writers lament Malcolm Turnbull's big-spending budget and forgotten values to argue that the 457 visa cull and increased visa cancellations are being carried out on "racist grounds". 

Discussing the ethical obligations of physicians at the Royal Australasian College of Physicians on Tuesday (May 9), Triggs spoke of immigration detention centres are increasingly populated with individuals who've had their visas cancelled on character grounds, possibly attributable to an "environment of nationalism, jingoism and populism ... increasingly based on some form of Islamic fear". 

Triggs praised medical professionals who lend a credible voice to debates centring on asylum seekers and standards of healthcare in offshore detention, as well as students of medicine who may unexpectedly find themselves "as people who will be standing up in the media to draw attention to major social issues".

*   *   *

Victorian police minister Lisa Neville announced on Thursday (May 11) the Sex Offenders Registration Amendment (Miscellaneous) Bill 2017 which will waive automatic registration as a sex offender if a court is satisfied there is no ongoing threat to the community.

The proposed changes will apply to cases involving 18 and 19-year-olds who were sentenced under strict child abuse material laws over consensual sexual relationships with teens a few years younger than them. 

The current legislation criminalises the possession of sexually explicit images or videos of anyone under the age of 18 by anyone aged 18 or older and automatically places the latter group on the sex offenders' register for a minimum of eight years.

Legal Aid Victoria's executive director of criminal law, Helen Fatouros, said appearing on the sex offenders' register had a "profound and substantial impact on a person's life" and automatic registration produced "unfair outcomes".

Two days prior to Neville's announcement, an analysis carried out by the Queensland Sentencing Advisory Council (QSAC) found nearly 1,500 children have been found guilty of child exploitation material offences in Queensland in the past decade, prompting police to ditch punitive practices and formally adopt an educative approach to teenage sexting. 

Under Queensland law, children under 17 can be found guilty of child exploitation material related crimes, but many young people are unaware of this criminal offence. 

Some 1,498 of 3,035 dealt with by the criminal justice system in Queensland for child exploitation material in the 10 years preceding 30 June 2016 were under 17. 

The stats point to an increase in young people sexting images: 331 young offenders were cautioned or conferenced during 2015-16 for child exploitation material, as compared to 28 in 2006-07.

 "Culturally these days it's not uncommon for adolescents to engage in courtship rituals that involve sending nude photographs of themselves," explained Helen Watkins, a member of QSAC.

Reader Comments

There are no comments for this journal entry. To create a new comment, use the form below.
Editor Permission Required
You must have editing permission for this entry in order to post comments.