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Earlier this year, a Queensland man was found not guilty of intentionally infecting his former girlfriend with HIV. The case was sent back to the District Court to determine a sentence for the lesser charge of grievous bodily harm. At the time of the decision, the not-guilty finding was both welcomed by advocates who see criminal prosecution as reflecting the stigma of the condition, and criticised by others who consider the criminal law an appropriate sanction for harm caused.
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.
Wednesday night's ABC 7.30 program carried allegations against Cardinal George Pell which, if true, are devastating: life ruining for victims like Damian Dignan and Lyndon Monument; confronting for all citizens committed to the wellbeing of children; and earth shattering for Catholics who still have faith in their church. The report is also troubling for those of us concerned about due process and the rule of law - not as academic notions for lawyers but as the secure bulwarks of a society in which everyone's rights and interests are protected.
'We have now got a world wide refugee problem. We don't have one here but we do have one world wide. It is now time to start having a rational debate about what we do with these people as opposed to playing the race card.' Interview with Anna Burke, who has represented the seat of Chisholm in the House of Representatives for the ALP since 1998. Burke is the former Speaker of the House (2012–2013), and has been a consistent advocate for asylum seekers. She will retire at the next election.
Having worked in closed organisational systems like Victoria Police and various government departments, I have often reflected on how and at what point organisations and their employees become comfortable with the belief that their ideas and attitudes are better informed than those of the general populous - and that their survival is more important. A very stark example of this are the recent court decisions relating to the Hillsborough Stadium disaster in 1989, where 96 people were killed.
The Palm Sunday Refugee Marches have come and gone; the travails of people who seek asylum continue. In a recent article that reflects her rich experience, Moira Rayner was right to say that marches are not effective in changing policy. Where they are, as in the Vietnam War marches in Australia or in Manila under Marcos, the fortress was already crumbling. Yet even when they are not effective, marches are not a waste of energy. Their value lies not in their effectiveness but in their ritual.
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.
Having worked at Victoria Police for 25 years, I have great empathy for Wade Noonan, who stepped down as Victoria's Minister for Police to undergo counselling due to his exposure to traumatic incidents in this work. I have long felt that job advertisements for police should carry a health warning: This position may be dangerous to your mental, physical and spiritual health. Whether it be trawling through crime statistics or investigating crimes directly, police work means filling your soul with dark things.
In September Sydney's Daily Telegraph ran the headline 'Schoolyard Terror Blitz', reporting that 'schoolteachers will be given access to radicalisation information awareness kits explaining how to identify students at risk and what they should do to intervene as concerns grow about the rise of teen terrorists'. As the government prepares to address the involvement of schoolchildren in violent extremism, a controversial program in the UK shows a dangerous path that Australia must avoid.
I first met this Tony on my regular visits here to Darwin when he was working at the North Australian Aboriginal Legal Aid Service and then when he set up the mediation services under the auspices of Anglicare. In later years I knew him when he was your Anti-Discrimination Commissioner. He was a quiet, considered, gentle, strong and principled man. On Human Rights Day, it is only fitting that I honour Tony by offering some reflections on the architecture for human rights in Australia, on the contemporary human rights controversies, and on the way forward for better protection of the human rights of Aborigines and asylum seekers, two marginalised groups who had a special claim on Tony's sympathies.
'Tonight, gathered here in the Southern Cross Club in the national capital, gathered as Eureka's children. We affirm that there is room for everyone under the Southern Cross. I hope you will return to Canberra carrying the Southern Cross flag when we proclaim the Australia Republic on 1 January 2020 which will be two elections after Australia last had a monarchist leader of a major political party. Tony Abbott is the last of his type. Whether the prime minister honoured to witness the proclamation is Malcolm Turnbull, Bill Shorten or another matters not.' Annual Dinner for Eureka's Children, Southern Cross Club, Canberra, 3 December 2015.
The case studies given during the Royal Commission's dealings with Victoria's state run institutions were heartrending for anyone like myself who worked within that system in the 1960s and '70s. It must have been harder still for those who were trying desperately to reform the system at that time. By the mid-'80s Victoria came to have the most progressive and effective juvenile justice system in the country and was a leader internationally. Much has been lost in the intervening years.
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