by Russell Goldflam and Jonathon Hunyor
The article examines how the Northern Territory's 'mandatory sentencing' regime for property offenders has impacted on power relationships in the Northern Territory. It has been claimed that the regime undermines the doctrine of the separation of powers and consequently threatens the Territory's constitutional fabric. The article evaluates this by exploring the effect of the regime on the pre-trial phase of the criminal justice process. It is further argued, from a broader political perspective, that mandatory sentencing exemplifies a method and style of governance which is characterised by the concentration of executive power and the punitive and socially divisive targeting of specific groups within the community.
Monsters round the stomping ground: an alternative dispute resolution proposal for indigenous communities in the Northern Territory
Stephen Gray
This article proposes that the Northen Territory should enact a statutory scheme enabling the recognition of certain aspects of indigenous customary law. Such a scheme should enable indigenous communities to develop their own `alternative dispute resolution' in a manner consistent with customary law. The article examines a proposal for such recognition contained in a report of the Northern Territory law Reform Committee, considering how far the proposals in the Report would help to overcome problems which are endemic to many indigenous communities, both in the NT and elsewhere.
Paper promises? The constitutional prescription of customary law
by Ken Brown
Customary law derives its authenticity from actual social practice and owes nothing to the reasoning or advocacy of lawyers, the art of legal drafters, or the rulings of formal courts. However in societies where plural legal systems co-exist, the prescription of customary law is essential to prevent it being swamped by the common law. The provisions for the recognition and application of customary law in the 1998 Draft Constitution for the proposed State of the Northern Territory highlight the problem of delineating a suitable standing for customary law.
This article examines the Constitutions of Solomon Islands and Vanuatu of 1978 and 1980 respectively. These enshrined a clear rank for customary law in the legal hierarchy. Whether or not the promise for the application of customary law has been fulfilled in the two decades since independence will be assessed. The obstacles to implementing customary law will be analysed to pinpoint how the drafting of any new Constitution for the Northern Territory should be fashioned to ensure customary law is placed on a proper foundation.
Covering a multitude of sins: mandatory sentencing and rising Aboriginal imprisonment rates
by Chris Howse
This article critically analyses the response of the Northern Territory Government to the recommendations of the Royal Commission into Aboriginal Deaths in Custody in light of recent Mandatory Sentencing legislation. It addresses statistics on rates of arrest and imprisonment for Aboriginal adults and juveniles, arguing that the Northern Territory Office of Aboriginal Development has failed to effectively consult on this issue and failed to provide truthful advice to the Northern Territory Government.
The victimisation of backpackers
by Mark Israel
The backpacker sector forms an important part of the tourism industry in Australia. Unfortunately, there are good reasons to believe that backpackers are vulnerable to various predatory and property crimes. Their vulnerability stems, in part, from their age, their budget, the ways they travel, the places that they go and the kinds of accommodation that they seek. There are serious gaps in what we know about how or why they are victimised. This article suggests an agenda for future research.
The 'drunk's defence': law reform in Victoria: criminal liability for actions performed while in a state of self-induced intoxication
by Megan Bowman
The Law Reform Committee of Victoria recently released its recommendations of how Victorian criminal law should deal with people who commit criminal acts while in a state of self-induced intoxication. The aim of the recommendations was to address community concern about the acquittal of intoxicated offenders while upholding fundamental legal principles. This article reviews these recommendations and concludes that the Committee has achieved that aim.
Police v Shannon Thomas Dunn, Dubbo Local Court, 23 August 1999
Magistrate of the Dubbo Local Court, David Heilpern's judgment includes the past and present use of the 'f' word. Mr Heilpern found that context of the defendant's use of the word was relevant to determining whether it amounted to offensive language. In this case, it was used to inform police that the defendant believed them to be acting illegally. The Court criticises the police for their failure to take into account the context in which the word was used in deciding to make the arrest and found that there was 'reasonable doubt as to the purpose of the arrest'.
by Rebecca La Forgia
A review of the report Bush Talks published by the Human Rights and Equal Opportunity Commission in March 1999. The report is an analysis of consultations with people from remote and rural Australia that occurred throughout 1998.
Schools: Sticks and stones will break my bones but words will get me suspended
by Leanne McPhee
A policy of zero tolerance targeting swearing has been adopted in one South Australian secondary school.
Administrative law: by the by!by Mary-Lynn Griffith
A Darwin City Council by-law making sleeping in public places an offence is largely enforced against Aboriginal groups.
Same-sex relationships: law reform happens
by Jeff Shaw QC
This is the text of an address to a Young Lawyers Seminar by the NSW Attorney- General on 25 August 1999. It discusses the process of reform that led to the enactment of the Property (Relationships) Legislation Amendment Act 1999 (NSW).
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