Alternative Law Journal

Abstracts, December 2003

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Volume 28, No 6, December 2003

Electoral democracy

Articles

Briefs

Articles

The jailing of Pauline Hanson: A victory for democracy?
by Michael Head

The conviction and jailing of former MP Pauline Hanson and one of her One Nation Party co-founders, David Ettridge, on charges of fraud has set a dangerous precedent for use against any electoral grouping considered a threat to the political establishment. The author has fundamental differences with One Nation and its right-wing nationalist politics. But a careful review of the case shows that after a protracted political and legal campaign, involving senior members of the Howard government, the law was misused to remove an opposition party from the political scene, violating basic democratic rights in the process.

Giving voice to the voiceless: Improving access to the vote for people experiencing homelessness
by Meg Mundell

Tens of thousands of Australians are unable to vote in this country's elections. Why? Because they are experiencing homelessness. There are no exact figures on how many of Australia's 100 000 homeless people do not vote, but the existence of some significant barriers suggests their participation is minimal. This article describes the barriers that prevent people experiencing homelessness from voting, and argues that being able to exercise your voting rights is integral to participation in society. The article goes on to outline the recent campaign to improve this group's access to the vote, and the subsequent landmark changes that are being put in place to this end.

Discrimination in electoral law: Using technology to extend the secret ballot to disabled and illiterate voters
by Bryan Mercurio

This article analyses the practice of assisted voting in Australian elections and describes how the process, once a necessary feature of the electoral system, is now outdated and denies the right to vote in secret to disabled and illiterate voters. The author outlines some negative consequences of this discrimination and suggests using technology to finally grant those voters the right to vote in secret.

Legislating for animal welfare: Making the interests of animals count
by Steven White

Protection of animals from acts of cruelty is an important public policy issue, encompassing a wide variety of creatures in a range of settings, including the home, farm and scientific laboratory. Legal regulation of animal welfare matters is fragmentary, with separate legislation in each state and territory, and additional Commonwealth regulation. While significant legislative reform has recently occurred in some states, there are a number of important ways in which animal welfare statutes and their enforcement could be improved.

Darling, please sign this form: Relationship debt and guarantees
by Jenni Millbank and Jenny Lovric

This article outlines the major findings of the first comprehensive Australian empirical research into the law and practices governing third party guarantees. The research focused on the experiences of people who agree to guarantee the loans of others. Why do they sign on, how do they get into trouble in those transactions and what might have assisted them in avoiding such difficulties? Despite measures such as the Consumer Credit Code (1996) and the Code of Banking Practice (1993) the authors found little evidence of what either the finance industry or consumer advocates would regard as best, or even adequate, practice.

The art of balancing: Queensland judges and the sentencing process
by Geraldine MacKenzie

This article gives an overview of an interview-based study of judges of the Queensland Supreme and District Courts, and examines judicial methodology, perceptions and attitudes toward the sentencing process. It reveals that judges see sentencing as a balancing of the relevant factors in every case, including aims and purposes, relevant sentencing principles and the interests of the offender, the victim and the community. Judicial discretion is seen to be of critical importance. The study gives a valuable insight into sentencing methodology, thereby providing a greater understanding of the process itself.

A legal process or a justice system? Sex offences in Queensland -- still seeking justice
by Sally Kift

Scott Volkers was arrested in a glare of media publicity in March 2002. In July 2002, he was committed for trial on seven charges of indecent dealing with children under 16. By September 2002, the prosecution case against him had been discontinued. Public interest in the case and disquiet about its handling prompted the Qld Crime and Misconduct Commission to conduct two separate inquiries into concerns about how sexual abuse is handled by the Qld criminal justice system. This article considers the broad implications of the issues raised by those inquiries, particularly from the point of view of the victims/survivors of sexual abuse.

The sovereignty stratagem: Australia's response to UN human rights treaty bodies
by Devika Hovell

Three recent decisions of the UN Human Rights Committee have found Australia to be in violation of its human rights obligations. In this context, this is a timely examination of Australia's record of responses to decisions of the UN human rights treaty bodies. Such an examination reveals that the decisions are most often repudiated by reference to Australia's sovereignty. This article analyses the international legal construct of sovereignty, and exposes it as a red herring with a poisonous bite, distracting attention from the human rights issues at the heart of the Committee's decisions.

Briefs

Sport: Law and rugby league as communal lifelines
by Graeme Orr

When News Ltd set out to conquer Rugby League and turn it into 'SuperLeague', the days of the oldest surviving first rank club, the South Sydney 'Rabbitohs', seemed doomed.  Souths survive, due to a Full Federal Court judgment in its favour - yet that judgment was recently overturned by the High Court. The earlier judgment however, like the mythical judgment in the movie 'The Castle', stands for 'justice-as-fairness', despite its confused approach to trade practices law. More broadly, the battle over the heart of Rugby League illustrates the tight interwovenness of sport, law and culture in Australia.

Sport: Footy, umpires and the spirit of The Law
by John Harms

Australian football captures many hearts - for a stack of reasons. Some obvious. Some not. One, perhaps subconscious, reason is that the game is played within a code of loosely defined rules requiring the (split second) interpretation of a much-maligned umpire. Hence a well-umpired game, if played by footballers of good will, highlights the truth that the spirit of the law is more important and life-affirming than its letter. But a game played by footballers seeking any advantage available puts tremendous pressure on the self-sacrificing umpire.

Indonesia: Can legal diversity exist within a single national law?
by Simon Butt

The latest Draft to replace Indonesia's ageing Dutch-created Criminal Code retains some of the anti-democratic aspects of the existing Code, while adding controversial new provisions drawing on Islamic and traditional laws (adat). The author discusses how this diverse mix of laws came to be included in the Draft and whether they should be incorporated into a single Code of nationwide application.

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