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AFL footballer Liam Jurrah had his prison sentence for an assault conviction reduced to three months. Hopefully he will not be too harmed by his experience, and afterwards may be given the chance to recommence his football career. But the conditions confronting his cousins and brothers will not change. In the NT there is a troubling confluence between harsher penalties and increasing incarceration rates.
'If my mob were to arrive by boat today uninvited, they would be sent to Papua New Guinea. 150 years ago, the traditional owners helped my ancestors and their fellow passengers to find safe anchorage so that they might settle here permanently calling Australia home.' Frank Brennan speaks on 'Eddie Mabo's legacy of equality, non-discrimination and agreement', Mabo Oration Response at the Playhouse, Queensland Performing Arts Centre, 21 July 2013
The Northern Territory Parliament will soon debate a proposed treatment scheme for up to 800 problem drinkers a year. It will be a case of unprincipled, unworkable lawmaking unless the NT is more attentive to medical, legal and community opinion within its own jurisdiction and 'from down south'. Just because a proposal is novel doesn't mean it's a good idea.
The Mabo decision of 3 June 1992 changed the course of Australian history and set the blueprint for native title determinations. Twenty-one years on, the Noongar people of Australia's south west are on the threshold of achieving the most momentous and comprehensive outcome to date of the native title process.
In 2011 the US Supreme Court found it was not unlawful for members of Westboro Baptist Church to stage inflammatory protests at the funerals of US soldiers, whom the church believes are killed by God to demonstrate disapproval at tolerance of gay people. You might say 'only America', but recently something similar nearly happened here.
Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no. Monday 21 May
'Even without the political static which is drowning us all out down there in Canberra, there is real doubt whether the Gillard bluff 'Don't get on a boat because you might end up in Nauru' can do what the Howard bluff could not deliver.' Full text from Fr Frank Brennan SJ's Law and Justice Oration at the Law and Justice Foundation 2012 Justice Awards Dinner, Parliament House, Sydney.
'Though land rights and self-determination provide no utopia for the contemporary indigenous Australian community, they have belatedly put right an ancient wrong. The cost and inconvenience are unavoidable. Terra nullius is no longer an option.' Full text is from Fr Frank Brennan's keynote speech at the Central Queensland Law Association Conference, Mercure Capricorn Resort, Yeppoon, 27 October 2012.
Full text from Fr Frank Brennan SJ's address 'Advancing human rights in Australia — lessons from the National Human Rights Consultation' at the 'Human Rights Matters!' conference marking Anti-Poverty Week 2012. 17 October 2012, Cardinal Knox Centre, St Patricks Cathedral, Melbourne.
'The common law leaves a gap between the mandates of the law and the conduct that we choose to engage in according to our individual moral standards. We call that gap 'freedom'. The challenge is determining the width of that gap for groups bound by religious faith which differs from the Australian majority.' Frank Brennan launches Carolyn Evans' Legal Protection of Religious Freedom in Australia. Full text
Next week Parliament reconvenes; meanwhile the boats keep coming. Chris Bowen will be armed with a report from an expert panel that has been hearing from the community. We're still awaiting an answer on unaccompanied minors under the Malaysia solution. Until one is provided no one in good conscience can give it the tick.
Imagine Attorney-General Nicola Roxon appoints Palmer as the newest High Court judge. Justice Palmer sets about rewriting the law in radical ways, freeing mining companies from regulation and approving disbanding the Australian Greens. Surely such an appointment could be challenged? Actually, no.
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