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Keywords: High Court Decision

There are more than 200 results, only the first 200 are displayed here.

  • AUSTRALIA

    The unfinished business of colonisation

    • Kate Galloway
    • 17 February 2020
    2 Comments

    Despite claims to the contrary, the decision in Love and Thoms affirms the standing of the common law, including the unassailable power of the Australian State to make and enforce law. It upholds the centuries-long common law principle of accommodation of Indigenous laws in a colonial context.

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  • AUSTRALIA

    Indigenous is not alien, High Court decides

    • Kerry Murphy
    • 17 February 2020
    8 Comments

    At its heart, the question was whether an Indigenous Australian who was eligible for citizenship but had never formalised it could be regarded as an alien and therefore subject to removal. In a landmark judgment, a 4:3 majority of the Court found that Indigenous Australians were not aliens, even if they were not citizens.

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  • ENVIRONMENT

    Fight against nuclear waste not over yet

    • Michele Madigan
    • 10 February 2020
    26 Comments

    Senator Matthew Canavan made his long awaited, if predictable, announcement: Australia’s long lived intermediate radioactive waste will be stored, and the low level waste deposited, at the Napandee site in the Kimba region of South Australia. It still came as a jolt to most of the farmers and others rightly fearful of the plan to host nuclear waste which even the government now admits will remain toxic for an unimaginable 10,000 years.

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  • AUSTRALIA

    Government tries to turn 'Aboriginal' into 'alien'

    • Kate Galloway
    • 02 December 2019
    17 Comments

    Two Aboriginal men are currently being held in immigration detention under threat of deportation because they are not Australian citizens. The case raises far-reaching implications concerning the status of the relationship between Aboriginal and Torres Strait Islander Australians and the state.

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  • AUSTRALIA

    Day inquest highlights threat of police profiling

    • Celeste Liddle
    • 07 September 2019
    3 Comments

    As an Aboriginal woman walking the streets at night, I am significantly more concerned about being brutalised by those charged to keep our streets safe — the police — than I am about any fellow lone wanderer on the streets. The case of Tanya Day and the response to it reinforced to me that my fears were well-founded.

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  • AUSTRALIA

    The tweet smell of APS authoritarianism

    • Binoy Kampmark
    • 12 August 2019
    5 Comments

    Should a public service have people with political, disagreeable opinions? No, according to the guidelines of employment in the Australian Public Service. The decision of the Australian High Court in the case of Comcare v Banerji is a salient warning to employees in the APS. Obedience, it seems, must be unquestionable and total.

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  • AUSTRALIA

    Justice is slow in the 'fast' asylum regime

    • Stephen Lawrence
    • 15 July 2019
    6 Comments

    The defeat of Bill Shorten will impact particularly harshly on thousands of asylum seekers who arrived by sea during the Gillard and Second Rudd governments. The 'Fast Track Assessment Process' has left thousands of genuine refugees in limbo and made lawful what would otherwise be considered gross administrative misfeasance.

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  • INTERNATIONAL

    Boris, Brexit and taking it up to political bull

    • Binoy Kampmark
    • 03 June 2019
    2 Comments

    An enduring memory of the 2016 Brexit campaign was the claim by pro-leavers that the EU was extracting some £350 million a week. The claim, ignoring EU subsidies, returns and contributions to Britain, was so outrageously proud and inaccurate, it stuck. Which leads us to a novel citizen's experiment on the issue of lying in politics.

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  • AUSTRALIA

    It's time for a native title reckoning

    • Kate Galloway
    • 27 March 2019
    5 Comments

    In the wake of the Timber Creek Decision, state and territory governments should be looking to implement negotiations with traditional owner groups around the nation to seek to settle the property claims — comprehending economic and non-economic losses. It is in no one's interest to engage in a court process for every single claim.

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  • AUSTRALIA

    Stateless refugee facing indefinite detention

    • Shira Sebban
    • 22 February 2019
    5 Comments

    A Faili Kurd, who fled Iran by boat aged 16 with his mother, Shalikhan has been detained since arriving on Christmas Island in August 2013. Suffering from a developmental disorder and mental health issues exacerbated by his father's death in Iran, he has in the past attempted suicide and displayed volatile behaviour.

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  • RELIGION

    Supporting those on the margins

    • Frank Brennan
    • 18 February 2019

    'We can do this better by breaking down the silos and binding together our concern for nature, justice for the poor, commitment to society, and interior peace.' Opening Keynote Address by Fr Frank Brennan SJ at the Catholic Social Services Australia National Conference, Port Macquarie 19 February 2019.

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  • AUSTRALIA

    A new standard for asylum seeker policy

    • Frank Brennan
    • 18 February 2019
    26 Comments

    We are all gearing up for the third election in a row when boat turnbacks and the punitive treatment of refugees and asylum seekers feature. It need not be so. It’s time voters sent a message that it should not be so.

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