9 September 2011 The constitutional challenge to the Government’s funding of the National School Chaplaincy Program in Williams v Commonwealth and Ors continues as lawyers for the prosecution allege that the Government’s subsidising of chaplains undermines the secularism of Australia’s Constitution. The challenge to the program was launched by Ron Williams, a Queensland parent who […]
9 September 2011 Yesterday, the High Court of Australia handed down an historic decision in the case of Momcilovic v The Queen (2011) reaffirming the importance of the Victorian Human Rights Charter and held that it “protects fundamental human rights and maintains parliamentary sovereignty.” In the case, Vera Momcilovic appealed against her conviction for drug […]
6 September 2011 The United Nations Human Right Committee, in a significant decision, has ruled that Australia has violated international law and the human rights of a non-citizen. In the case Nystrom vs Australia, brought by the Human Rights Law Centre and Brian Walters SC, the Australian government had deported Stefan Nystrom in 2006 following […]
5 September 2011 In Moti v The Queen [2011] the High Court is currently examining whether the Australian Government was complicit in aiding the deportation of former Solomon Islands Attorney-General Julian Moti. Mr Moti, who holds Australian citizenship, was deported by the Solomon Islands Government in December, 2007 to face charges for alleged sexual assault. […]
31 August 2011 Today the High Court ruled that the Malaysia Solution was invalid. In a 6-1 judgment, the Court held invalid the Minister for Immigration and Citizenship’s declaration of Malaysia as a country to which asylum seekers who entered Australia at Christmas Island can be taken for processing of their asylum claims. Chief Justice Robert […]
25 August 2011 Increases in Indigenous people in the criminal justice system, child abuse and chronic disease highlight the widening of the gap between Indigenous and non-Indigenous Australians, according to a new report released by the Productivity Commission. The latest report entitled Overcoming Indigenous Disadvantage: Key Indicators 2011 shows improvement in only 13 of the 46 […]
UPDATE: 9 August 2011 Yesterday the High Court extended an order preventing the deportation of asylum seekers to Malaysia until there is a hearing before the full bench to consider whether the government’s policy is lawful. Lawyers representing the 42 asylum seekers told the court that the Malaysia deal should be ruled invalid and that […]
29 July 2011 This week, the ACT Attorney-General, Mr Simon Corbell, launched community consultation and called for submissions on the question of whether the protection of economic, social and cultural rights (ESCR) should be included in the Human Rights Act 2004 (ACT). The consultation process forms part of the ACT government’s response to the research […]
26 July 2011 Yesterday the Australian and Malaysian governments officially signed the agreement to send 800 asylum seekers to Malaysia in exchange for 4000 United Nation verified refugees. Human rights and refugee advocates have expressed concern that the agreement will not provide protection for those refugees going to Malaysia and is in breach of the […]
22 July 2011 Mandatory detention, the continued detention of children and prolonged detention have led to the most serious breaches of the human rights of refugees in Australia, the Australian Human Rights Commission President, Catherine Branson QC said yesterday, at a public lecture in Sydney. Australia’s strict immigration regime continues to breach international obligations particularly […]
20 July 2011 This week the Scrutiny of Acts and Regulations Committee (SARC) has been holding public hearings into the review of the Victorian Human Rights Charter, with the Victorian Human Rights Commission and the Public Interest Law Clearing House (PILCH) telling the parliamentary committee that Victoria’s Charter of Human Rights and Responsibilities Act 2006 […]
11 July 2011 This month marks a year since the release of Lex Wotton, a respected Palm Island Aboriginal leader, who was jailed for his role in a protest following the death in custody of Mulrunji Doomadgee. As part of his parole conditions Wotton is under a gag order, which prevents him from speaking to […]