by Danielle Misell
Elliot Johnston QC is a former Supreme Court Judge and advocate of Aboriginal legal rights and the rights of ordinary Australians. This interview gives his insight into the impact of the Conservative Agenda past and present. Elliot Johnston expresses his concern about the detrimental effect the current Conservative Agenda has on employment levels, workers' rights and labour market reform. He also discusses the Wik decision, the 10-point plan, reconciliation, and the Stolen Children report and expresses his opinion on the abandonment of political correctness, multiculturalism and the immigration debate. By contrasting the Conservative Agenda of today with that of the 1950s and 1960s, Elliot Johnston concludes that the Left must focus on the value of ordinary people and their needs.
by Senator Natasha Stott Despoja
This article highlights the Coalition's failure to broaden the Privacy Act 1988 to include privacy laws for the private sector to protect our personal information. The Telecommunications Act 1997 regulates privacy in the telecommunications industry. This allows the telecommunications industry to develop industry codes and standards about privacy. The telecommunications industry is not likely to provide protection for individuals or organisations that have their privacy breached. Australia must create adequate privacy laws or else be excluded from international telecommunication networks because our current position is inadequate according to international standards. This article highlights the need for a comprehensive national privacy scheme to protect our personal information and to meet international standards.
by Mayuran Sivapragasam
This article explores the value of prosecuting social security recipients who have contravened the Social Security Act. The Department of Social Security (DSS) should exercise its discretion before referring cases to the Commonwealth Director of Public Prosecutions (DPP) and the DPP should exercise discretion before going on to prosecute. The discretion to prosecute should include consideration of the mitigating circumstances leading to the offence. It should also take account the offender's cooperation with the DSS and that the recipient continues to need assistance. There is a need to find a balance between deterrence of social security offences in the public interest and the mitigating factors of individual cases.
by Gus Bernardi
The Actual Means Test designed to prevent `Millionaires on Welfare' continues to disadvantage those who need Austudy the most. The faulty mechanisms behind the Test remain unchanged despite the apparent review and changes made to the Test in 1997. This article demonstrates that the Actual Means Test remains problematic because it continues to falsely construct a family's wealth. It also explains the calculation of Austudy eligibility and recent debates including the complaints of farmers.
by Kris Walker
The High Court handed down its decision in Lange v Australian Broadcasting Corporation on 8 July 1997. The court unanimously agreed on principles underlying the constitutional freedom of political communication. This article explores the High Court's approach to Theophanous v Herald & Weekly Times and Stephens v West Australian Newspapers Ltd. The High Court approach in Lange has been to consider the structure and text of the Constitution. It appears the Constitution will protect freedom of political speech when it is federal in nature. Lange has also reaffirmed many of the assertions made in past freedom of political communication cases.
by Amanda Cornwall
This article provides information about the proposed New South Wales Administrative Decisions Tribunal (ADT). The Tribunal will give people the right to appeal government decisions and the right to an explanation for decisions made. The ADT will have concurrent jurisdiction with the Supreme Court so that the common law rights of judicial review will give power to review government decisions.
by David Heilpern with Georgia L. Rayner
Can necessity be a defence for the possession and administration of cannabis for medical purposes? It is arguable that the administration of cannabis can relieve medical symptoms. Necessity may be a valid defence for people charged with using cannabis out of medical necessity. The authors have demonstrated that the defence of necessity may exist if the choice to use cannabis was in the face of immediate peril such as worsening illness. The article gives a brief summary of the defence of necessity and looks at some American cases.
by Rebecca La Forgia
In April 1997, The Human Rights and Equal Opportunity Commission released The Report of the National Inquiry into the Separation of Aboriginal and Torres Strait Islander Children from their Families -- `Bringing Them Home'. The report finally addressed the `truth' behind the effects of government policies that tragically tore children away from their families and in many cases their Aboriginal cultural identity. The report recommended that a holistic form of compensation was due to these people. This would include acknowledgment and apology, guarantees against repetition, and monetary compensation. This article looks at the 1997 High Court decision in Kruger & Bray that failed to give Aboriginal communities recognition of the injustices that occurred.
by Christopher Symes
A discussion about the prosecution of directors and officers of companies for environmental offences.
by David Brown
An analysis of recent prison statistics taken from the 1995 National Prison Census and a short comparison with the 1985 statistics.
by Amanda George
A critique of the increasing corporation of our prison system and the apparent lack of political accountability once this has taken place. The government has a responsibility to ensure accountability for our prison systems.
| This page was prepared by members of the Alt LJ Committee. Last updated: 02 June 1998 URL: http://www.austlii.edu.au/au/other/altlj/ Comments or suggestions on the pages to Liz.Boulton@law.monash.edu.au |
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