Search Results: High Court

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  • INTERNATIONAL

    Cheque book solution on asylum is unconstitutional

    • Frank Brennan
    • 28 April 2016
    33 Comments

    A bench of five justices of the Supreme Court of Justice, the highest court in Papua New Guinea, has unanimously ruled that the detention of asylum seekers on Manus Island is unconstitutional. Yet again, Australia has been complicit in its Pacific neighbours (PNG and Nauru) prostituting their Constitutions and undermining the rule of law in exchange for a fistful of dollars, with hapless asylum seekers, most of whom are ultimately proved to be refugees, being left to languish.

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  • ENVIRONMENT

    Depp dog stunt distracts from real ecological violence

    • Bronwyn Lay
    • 21 April 2016
    15 Comments

    In the face of the increasing environmental destruction legally occurring within Australia's borders, chasing actors Johnny Depp and Amber Heard for bringing their undeclared dogs into Australia in breach of biosecurity laws comes across as a curated media stunt. Like everywhere in the world, Australian environmental law is at a crossroads. On one hand government regulations that permit violence against habitat increase, and on the other, legal challenges against this destruction rise.

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  • AUSTRALIA

    Sniff the rot in Australia's wobbly democracy

    • Justin Glyn
    • 20 April 2016
    9 Comments

    Last week, a member of Parliament, Jenny Leong, allegedly faced racist and sexist abuse by police from at least four separate commands. This abuse was linked to her opposition (in accordance with her party's stated policy) to the use of drug sniffer dogs without a search warrant. Whether or not one agrees with Green party policy in this regard, the treatment of Leong ought to rankle. Such ill-treatment at the hands of the executive is, unfortunately, not an isolated phenomenon.

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  • AUSTRALIA

    Patrick Dodson's Senate mandate

    • Frank Brennan
    • 15 April 2016
    21 Comments

    The royal commission into Aboriginal deaths in custody, which signed off on its final reports 25 years ago this Friday, definitely improved the systems for supervision of persons in detention, reducing the risk of deaths in custody. It also led to better coronial procedures. But it failed to reverse Indigenous imprisonment rates and it did little to counter the underlying causes of Indigenous imprisonment. Back then, Patrick Dodson saw police as the main problem. Now, he thinks it's the legislators.

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  • ARTS AND CULTURE

    Death and peach pies

    • Brian Doyle
    • 04 April 2016
    5 Comments

    His mum was the kind who baked more than one pie at a time and gave the extra pies away easily and casually. All I knew about her was the pies, because my friend brought in pies for birthdays and teachers' anniversaries and raffles and such at school. My friend said she was too cheerful, a remark I didn't understand. He said she was a different person after his dad died, but who wouldn't be after your spouse died at the kitchen table and got coffee all over the business section of the newspaper?

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  • AUSTRALIA

    Greens' senate reform spin is sweetened nonsense

    • Binoy Kampmark
    • 23 March 2016
    19 Comments

    The idea that these laws are, as Twomey writes, 'more conducive to representing the genuine choice of the people in electing their Senate' is untrue. It is a view expressed by Greens leader Senator Richard Di Natale, who suggested 'the Senate that's delivered after the next election is the one people vote for'. What these voting reforms actually serve to do is give the false impression of eliminating manipulation while diluting Australia's political base in favour of monochrome party politics.

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  • RELIGION

    Religious thought in sacred secular Australia

    • Frank Brennan
    • 22 March 2016
    6 Comments

    I offer no public judgment of Pell, and unlike many other commentators I'll await the findings of the royal commission. I have however been outspoken about his right to a fair hearing and natural justice, not because I am a priest but because I am a human rights lawyer who cares about the universal application of the rule of law. It is when a representative of institutional religion like Pell taps into the generic religious sensibility or moral consciousness that the real work of Australian religious thought is done.

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  • AUSTRALIA

    Cultures of accountability for clergy and celebrities

    • Andrew Hamilton
    • 10 March 2016
    24 Comments

    If we are to make institutions safe for children, we need not only hold to account people who have presided over unsafe places, but also to address a culture that protects silence at each level of organisations, preventing complaints being made and being reported. Clergy and celebrities must not be treated as different from others, entitled to have their bad behaviour ignored. They must be held accountable to the officers and regulations of the organisation in which they work.

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  • AUSTRALIA

    Count the human cost of Australia's overseas mining interests

    • Fatima Measham
    • 07 March 2016
    3 Comments

    In 2012, a pregnant woman and two of her children were killed in their own home in Tampakan, on the southern Philippine island of Mindanao. Tampakan is the site of a new mine with Australian interests. The woman was the wife of a B'laan tribal leader agitating against the mine. Over recent years indigenous peoples of Mindanao been harassed, displaced and killed by militias, some allegedly with the imprimatur of the Philippine army. Much of this has passed without notice in Australia.

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  • RELIGION

    Year of Mercy's opportunity for Aboriginal reconciliation

    • Frank Brennan
    • 07 March 2016

    'On his last two visits to Latin America, Pope Francis has focused on past and present relationships between indigenous peoples and their colonisers. This Jubilee Year of Mercy perhaps it could be a blessed moment for Aboriginal Australians and descendants of their colonisers to walk together through the Door of Mercy at the St Francis Xavier Cathedral, calling to mind the sins and endeavours of the past, the achievements and commitments of the present, and the hopes and aspirations of the future.' Fr Frank Brennan SJ, Lenten Talk, Norwood Parish, 3 March 2016

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  • RELIGION

    An unholy mess

    • Frank Brennan
    • 23 February 2016
    46 Comments

    McClellan and his fellow commissioners on the Royal Commission into Institutional Responses to Child Sexual Abuse have a daunting task in the next fortnight, according due process and natural justice to a high profile witness on the other side of the world who has been publicly labeled 'scum', 'buffoon' and a 'coward', being the subject of unauthorised leaks about uninvestigated complaints from a police service which itself is under scrutiny for its past cooperation with the witness and his Church.

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  • AUSTRALIA

    When it's right to break the law

    • Andrew Hamilton
    • 18 February 2016
    18 Comments

    It is common for people to break the law. People fail to move on when instructed by police, evade tax, drive too fast, keep silent about abuse, trespass on military facilities, and drive when drunk. Many people assert that it is never right to break a law duly enacted by the government. From this principle it follows that anyone offering sanctuary to people who seek protection in Australia is acting wrongly. This blanket condemnation of law breaking runs against our inherited moral tradition.

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