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'First warning: if you're going to be serious about a Human Rights Act, make sure that your government departments are sufficiently resourced and encouraged to produce meaningful statements of compatibility. Second warning, especially in a unicameral legislature: make sure that your parliamentary committee on human rights has sufficient muscle and status to arrest the progress of any bill until it has been thoroughly scrutinised for human rights compliance.' Frank Brennan's remarks at the Fringe Conference of the 2016 Queensland ALP Convention.
Even prior to Brexit, the Conservatives were wanting to replace the UK Human Rights Act with weaker legislation. They have been worried about what they perceive to be a loss of sovereignty. But even the British Conservatives remain committed to some form of human rights act. I commend the Queensland parliament for undertaking its present inquiry, and sound a cautious note of optimism about the modest gains which might be made by the enactment of a human rights act in Australia.
With idealism and pragmatism, I invite you criminal lawyers in the next 30 years to imagine and enact a better criminal justice system which alleviates rather than exacerbates the devastating effects of colonisation and marginalisation on Indigenous Peoples, and most particularly their children. An intelligently designed criminal justice system must help secure the foothold of Indigenous children in both the Market and the Dreaming.
In January, swathes of ancient forest in Tasmania burned in bushfire. February 2016 was a scorcher - the warmest in 136 years of modern temperature records. By late March I was looking at images of a bleached Great Barrier Reef and feeling similarly blanched. I went for a walk, breathing heavily. It was sunny. Ominously warm. Fifteen minutes later, when I returned to my desk, my mood was buoyant again. I turned off my computer, and threw the report I'd been reading in the recycling bin.
'No good will be served by a royal commission auspiced by the state telling a Church how it judges or complies with its theological doctrines and distinctive moral teachings. By all means, set universal standards of practice expected of all institutions dealing with children, but do not trespass on the holy ground of religious belief and practice.' Fr Frank Brennan SJ addresses the Freedom for Faith Conference in Melbourne, 23 September 2016.
The Chinese Australian Forum witnessed the traction that One Nation had regained, and the re-emergence of Pauline Hanson as senator. This spurred them to mobilise against the rising prevalence of racist hate-speech against Muslim communities. Informed by previous experiences of One Nation coming to prominence in the 1990s, the CFA launched a #saynotoPauline campaign. It is one example of inter-community collaboration that is crucial in building momentum for broader anti-racist activity.
Senator Penny Wong moved a motion requesting the Governor-General to sack Dyson Heydon from the unions royal commission. This is a disgrace. It evokes memories of Governor General John Kerr sacking Prime Minister Gough Whitlam almost 40 years ago. The unions must appeal Heydon's decision to the courts, or abide by the umpire's decision.
Political donations give privileged access to powerful public officials to those who are wealthy. But public funding does little to reduce parties’ reliance on private money and radical control measures can fall foul of the Constitution. A 2013 High Court judgment finding that a ban on donations infringed the constitutional freedom of political communication.
Netflix and the Daily Mail are not concerned about whether people in a local area get safer roads or a new cancer treatment centre. Nor, it seems, are Fairfax and Newscorp. There was a time when nearly all media outlets were independent of each other, and locally owned by proprietors who cared as much about the welfare of their regions and cities as they did their own bottom line.
Both sides of NSW politics claim to have turned over a new leaf and support tough new lobbying regulations, separating paid lobbyists from party office-holding, and increased transparency surrounding all dealings with ministers. But at the heart of the shambles are not commercial lobbyists but personal and institutional ethical failure, often driven by the lure of self-interest and advantage whether it is in getting elected or in feathering their own nest.
While the Federal Government continues to cast around for other Pacific nations and Cambodia to take in refugees held on Manus Island and Nauru, it has one ready solution right on its own doorstep. It is a place that has been calling out for help to counter its falling population and its prolonged economic crisis. It is an Australian territory and one that is already receiving Australia's financial support.
'Undoubtedly there are many challenges confronting our elected leaders in dealing with violent crime and with pathological sex offenders. But long-term sustainable solutions must be based on respect for judicial independence and for the role of the legal profession.' Frank Brennan addresses the Queensland Council for Civil Liberties at The Irish Club, 175 Elizabeth St, Brisbane 8 July 2014.
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