Volume 25 Number 3, June 2000
Briefs
Mandatory madness: the true story of the Northern Territory’s
mandatory sentencing laws
by David Gibson
A former senior legal policy officer in the Northern Territory Government, writes of his experience preparing the mandatory sentencing legislation. He describes the process by which a campaign promise to introduce mandatory sentencing ended up as law and of the perils of applying political slogans to complex legal situations. He also describes how the unique nature of the Northern Territory made it all possible.
Towards a dealing just and kind: reflections on gaoling homeless people and mandatory sentencing
by Chris Howse
Unfair laws and practices continue to cut deep in the Northern Territory, particularly against Aboriginal people. Some of these have been tackled in the Northern Territory Supreme Court recently by the Aboriginal Justice Advocacy Committee. The actions were based on administrative law principles and an old but still most useful tool ... the writ of habeas corpus.
Individual empowerment as a goal of sentencing: The Enlightened Sentencing Project
by Michael S King
In November 1999 two St Louis judges visited Australia to lecture on the use of a stress reduction and self development program—Transcendental Meditation—by their offenders as a condition of probation. Research has found that offenders practising this technique experience improved psychological development, and decreased substance abuse and recidivism. Given empirical research linking high levels of stress to substance abuse and criminal behaviour, the judges emphasise the importance of giving offenders the inner resources to deal with the stress of life in a positive manner as an important goal of sentencing.
Juvenile defendants: taking the human rights of children seriously
by Gail Hubble
The European Court of Human Rights recently decided that the human rights of two juvenile defendants charged with murder in the United Kingdom were breached by their trial and sentence. This article outlines and assesses the decision in that case, and examines the implications of the decision for the Australian juvenile justice system.
by Angela Cranston
Recent changes to migration legislation means that there are new restrictions in relation to those who can apply for asylum to remain in Australia. The changes also mean that those refugees who have arrived by boat are given a three-year visa and are not allowed to be joined by their families whereas those who arrive with a visa are given the benefits of permanent residency. This article explains the new laws and questions whether Australia can continue to argue that it is complying with its international obligations.
The costs of equal opportunity
by Beth Gaze
This article examines the problems of enforcing federal discrimination claims. It considers the context and likely effects of the Human Rights Legislation Amendment Act (No 1) 1999 (Cth), under which hearings of federal anti-discrimination cases have moved from the Human Rights and Equal Opportunity Commission to the Federal Court and Federal Magistrates Service. While this system has needed reform since the 1995 decision in Brandy v HREOC, the current changes may not be an effective reform. Because the reform has not dealt with other barriers to effective enforcement of anti-discrimination rights, such as limitations on legal aid, low damages, inequality of power and resources between complainants and respondents, and judicial attitudes to the legislation, there may be no overall improvement in enforceability of anti-dsicrimination rights.
Olympic security: police and military plans for the Sydney Olympics
by Michael Head
Michael Head takes a closer look at Olympic security, and the police and military plans for the Sydney Olympics. Recent government announcements and media reports have indicated that unprecedented numbers of police, military and security personnel will be mobilised across wide areas of Sydney and other parts of the country during the 2000 Olympics and Paralympics. This article assesses the legal and constitutional validity of these measures, and Head questions the legitimacy of invoking such widespread powers in light of current events.
Prisoners rights: human rights and excursions from the flat lands
by Craig Minogue
The author discusses his experiences as a prisoner running human rights actions and reflects on some of the realities of prison life.
New Zealand: a retreat from community participation
by Peter Walker
An examination of the Legal Services Bill 1999 (NZ) which proposes cutting back district legal services committees in favour of a centralised bureaucratic agency.
Judicial appointment: Sir Harry Gibbs and a representative bench
by Stuart Barnett
Based on the comments of a former High Court judge on the selection of judges, this Brief discusses the importance of a representative bench.
by Louis Schetzer
This column covers mandatory sentencing and diversion programs in the Northern Territory and Western Australia; radical changes to the Children’s Court in Victoria; extended Queensland Police move-on powers to impact on young people; and youth justice reform in Tasmania.
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