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The new ASIO Powers Amendment Bill 2020 is being rushed through Parliament in a time of pandemic, guaranteeing that it will lack even the minimal level of scrutiny normally accorded to legislation dealing with ‘national security’.
On 17 April 2020, the Federal Court ordered that Immigration had failed to comply with procedural fairness for the family. The case is known by the pseudonym XAD. The XAD case relied on significant legal principles going back to the M61 High Court decision of 2011.
The question remains, however, is there a straight binary trade-off between granting the state power (to organise lock-downs, track its populace and coerce the people) and keeping its people safe?
Most people would agree that certain measures are necessary to both protect those who face the greatest health risks and so that our health systems don’t get overwhelmed. However, these astronomical limitations on civil liberties raise concerns.
The opacity of the Australian public service, and its disposition to secrecy, has left journalists in a bind. Leaks constitute the oxygen of the secret state, but publishing that material remains a dangerous affair.
Already the ideological die-hards of neoliberalism are working out how the pandemic might be manipulated to lower wages and to snap back to the old economic normal. So now is when collectively we need to take over the framing and the forming of the future. Not to snap back but to spring forward.
Authorities can also be fearful, paranoid at the unruly nature of their subjects. Public health emergencies have been declared in various countries and while these are deemed necessary, they come with the exercise of broad, muscular powers.
The Australian Federal Police raid on the 5th of June last year shook the Fourth Estate and, according to managing director David Anderson, ‘was seen for exactly what it was: an attempt to intimidate journalists for doing their jobs.’ It saw an unprecedented closing of ranks between journalists across the political spectrum, pursuing a campaign that came to be known as The Right to Know. Convincing the courts about this principle would prove to be something else.
Last week the Federal Court granted an interim injunction to a child born in Australia preventing her removal from Australia. The case raises complex issues regarding the statutory bars preventing asylum seekers from even making any application at all, and the exercise of the ministerial discretion to lift that bar.
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.
Let's hope all members of parliament can agree to the insertion of such a clause in the legislation providing assurance to religious educators that they can continue to teach their doctrine in good faith while assuring all students and their families that they will not suffer any detriment while sitting at the feet of religious educators.
It is appropriate to affirm the worldwide amplification system for the 'still, small voice' of conscience speaking to power, even when that voice of conscience maintains a religious tone, while the power of the state is increasingly secular and the tone of society more stridently secularist.
37-48 out of 200 results.