Category Archives: Law (Australia)

Watchdog won’t investigate AFP reliance on flawed technique to prosecute Indonesian boys

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Australian Commission for Law Enforcement Integrity says complaint about federal police not about corruption so does not fall within its remit

Australia’s law enforcement integrity watchdog refused to investigate Australian federal police who relied on a deeply flawed technique to use false dates of birth on sworn legal documents to prosecute Indonesian children as adult people smugglers.

Earlier this year, the Guardian used a trove of internal documents to show how police relied on deeply flawed evidence to alter the dates of birth given to them by Indonesian children found crewing asylum boats in 2009 and 2010.

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Man who had Australian visa cancelled challenges government’s ability to keep evidence secret

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Lawyers for Lebanese man tell high court that national security information should not be kept completely secret from parties

Lawyers for a man whose visa was cancelled because of an adverse Asio assessment have argued courts cannot be required to keep evidence completely secret.

The high court began hearing the man’s case on Tuesday. It challenges the federal government’s ability to keep national security information secret in merits reviews and appeals.

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PwC told client it could cut Australian tax by $70m, court documents in privilege fight show

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The Australian Tax Office is auditing Brazilian meat processor JBS over tax restructure

Global accounting firm PwC told Brazilian meat multinational JBS it would save about $70m a year in Australian tax if the company followed advice that was deliberately structured as a legal service in order to prevent it being seen by authorities, according to documents released by the federal court.

PwC’s decision to provide tax advice to JBS as legal advice was legal, but the strategy backfired after the Australian Taxation Office (ATO) launched an audit of JBS.

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Let doctors use MDMA to treat veterans with PTSD and depression, former ADF boss says

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Chris Barrie says he hopes common sense will prevail and the TGA will allow drug to be more readily used to treat patients

The former chief of the Australian defence force, Chris Barrie, is campaigning to remove barriers stymying doctors from using MDMA to treat veterans suffering post-traumatic stress disorder and depression, saying he hopes “common sense is going to prevail”.

Late last year, the Therapeutic Goods Administration decided against downgrading the classification of psilocybin or MDMA as a prohibited substance to a controlled substance, a move which would have increased patient access.

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Icac chief tells pork-barrelling forum that NSW fund is on ‘other side of the line’

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Anti-corruption watchdog plans to publish its own report on pork-barrelling, ‘including whether and how it relates to corrupt conduct’

The head of the New South Wales anti-corruption watchdog has cited the Berejiklian government’s notorious $252m Stronger Communities fund as a clear example of pork-barrelling, saying almost its sole motive was political, calling it “clearly on the other side of the line”.

Peter Hall QC, the chief commissioner of the state’s Independent Commission Against Corruption (Icac), told a forum, examining the legality of pork-barrelling in politics, that the fund was “on the other side of the line” of what was “permissible”.

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Pork-barrelling should be banned and grant process overhauled, report for Icac says

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Law expert Prof Anne Twomey calls for grants to be made on merit and based on clear criteria

A report commissioned by the New South Wales Independent Commission Against Corruption has called for pork-barrelling to be prohibited and instead grants should be made strictly on merit after assessments against clear criteria.

The report, by the University of Sydney constitutional law expert Prof Anne Twomey, says a major overhaul of the way government makes grants is needed to ensure they are awarded on merit and are no longer used for pork-barrelling in marginal seats.

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Ben Roberts-Smith defamation trial: witness expected to deny wrongdoing in killing of Afghan villager

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Person 11 to give evidence on allegation by newspapers that Roberts-Smith kicked handcuffed man off cliff before ordering him shot

An Australian soldier alleged by three newspapers to have participated with Ben Roberts-Smith in the “joint criminal enterprise” of murdering an Afghan villager named Ali Jan is set to appear in the federal court this week as a witness for Roberts-Smith in his defamation action against the newspapers.

Anonymised before the court as Person 11, the SAS’s soldier evidence will be critical to Roberts-Smith’s case over the events in the village of Darwan on 11 September 2012, when Roberts-Smith is alleged, by the newspapers in their defence, to have kicked a handcuffed Ali Jan off a cliff before ordering him shot.

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Expert warned against wrist X-rays used by AFP to prosecute children as adult people smugglers

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Radiologist James Christie’s court evidence said technique had no scientific validity and was never intended to assess age

An expert radiologist says Australian federal police continued to use wrist X-rays to prosecute children as adult people smugglers after he had given unequivocal evidence of the technique’s unreliability, something he now says was “just wrong” and akin to “child abuse”.

Last week, six Indonesian boys won a major case overturning their convictions as adult people smugglers in 2010 amid the highly charged political atmosphere around border protection.

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‘They were tiny’: the Indonesians still fighting their conviction as adults in Australia

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Anto and Samsul Bahar were 15 when they were jailed in a maximum security facility in Western Australia

Staring at the camera, Anto’s face, wide-eyed and child-like, invites a simple question.

How could anyone, let alone Australia’s federal crime fighting agency, see an adult gazing back at them?

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Christian Porter denied justice plea from Indonesians jailed in Australia when they were children

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Former attorney general refused to refer cases to WA court of appeal, despite an earlier ruling finding a miscarriage of justice in a similar case

The former attorney general Christian Porter rejected a plea for mercy from six Indonesians who said they were wrongly jailed as children using unreliable evidence, telling them they had no chance of success despite their lawyers pointing to a landmark ruling years earlier finding a miscarriage of justice in a similar case.

The six Indonesians, then aged between 13 and 17, were detained on a series of people smuggling boats in 2009 and were prosecuted by the commonwealth and jailed as adults in maximum security prisons in Western Australia.

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Australia politics live news: Albanese says he’s ‘had better days’ in first TV interview since Covid diagnosis; PM says Pacific leaders under ‘enormous pressure’

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China doesn’t ‘play by same rules’, PM warns of China’s influence in Pacific region; Labor’s frontbench to replace Albanese in physical campaign; WA premier Mark McGowan tests positive for Covid; Morrison attacks NSW independent commission against corruption for ‘sickening’ treatment of Gladys Berejiklian; at least 46 Covid deaths recorded— live updates

Speaking to ABC Brisbane this morning, (he truly has been everywhere this morning) Scott Morrison was asked his thoughts on the ABC:

We continue to fund the ABC, we continue to keep up the pace on ensuring that it is a competent and professional broadcaster and particularly to support the work that the ABC does in regional areas.

I think the recent floods once again highlighted, I think the ABC at its best, and that’s when it’s providing important information in the middle of natural disasters and things of that nature.

At the start of this week [December 2021], the prime minister told reporters: “Gladys was put in a position of actually having to stand down and there was no findings of anything.”

Fact: Berejiklan resigned as premier in September, voluntarily.

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Western Australian Liberal senator Ben Small resigns over dual citizenship

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Small breached section 44 of the Australian constitution by also holding New Zealand citizenship, but still plans to contest the upcoming election

Western Australian Liberal senator Ben Small has been forced to resign due to his New Zealand heritage, the latest victim of the section 44 constitutional requirements, but has pledged to stand again at the looming election.

Small released a statement on Friday saying he had written to the Senate president to advise him he was resigning as a senator for WA.

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‘Massive policy failure’: retired judges blast Morrison’s broken promise on federal Icac

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Former supreme court judge Anthony Whealy says Coalition’s explanation for not legislating a promised anti-corruption commission is ‘spurious’

Retired judges have criticised the Morrison government’s broken promise on the federal anti-corruption commission as a “massive policy failure”, saying the Coalition’s explanation for walking away from the pledge was “spurious”.

The Coalition is under pressure over its failure to introduce legislation establishing its proposed anti-corruption commission, despite promising to do so prior to the last election.

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Ben Roberts-Smith defamation trial: SAS colleague felt threatened to testify by newspapers, court hears

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Soldier refused to answer questions about one mission on grounds of self-incrimination on offence of ‘the most serious nature’

An SAS soldier who refused to answer questions about an alleged unlawful killing in Afghanistan has told the federal court he felt threatened to testify by the newspapers being sued by Ben Roberts-Smith.

The soldier, anonymised before the court as Person 56, refused to answer questions about a 2012 mission to Fasil, where, it has previously been alleged, he and Roberts-Smith were responsible for the unlawful killing of two Afghan men who had been taken prisoner from a vehicle.

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NSW lawyer given suspended jail term for working without a practising certificate

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Judge describes Michael Rollinson’s conduct as a ‘breathtaking and flagrant disregard’ for the court’s authority

A New South Wales barrister who continued to work as a lawyer despite not having a practising certificate – including in a case before the high court – has been sentenced to a suspended jail term.

Michael Rollinson pleaded guilty to three counts of contempt in the NSW supreme court last month. In orders released by the court on Friday, NSW supreme court Justice Robert Beech-Jones described his conduct as “breathtaking”.

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Zachary Rolfe’s ex-fiancee told detectives he spoke of getting paid holiday if he shot someone, court documents show

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Police officer denies making comments, which are alleged in an interview and statement released by Northern Territory supreme court

Northern Territory police officer Zachary Rolfe spoke repeatedly about how he could take a paid holiday if he shot someone while on duty, his former fiancee told detectives, according to a transcript of a police interview and a statement released by the NT supreme court.

In the wide-ranging interview the woman also said Rolfe told her at different times that he was the first to get his gun out on jobs, and did not turn on his body-worn camera as he did not want people at the police station to see what he was doing.

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Former judge’s associate says she was forced out of job after relationship with Tasmanian judge revealed

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Woman’s lawyer says she suffered ‘punitive sanctions without any fair process’ to deal with conflict of interest in court workplace

A former supreme court associate who says she was forced out of her job after it was revealed she was in a sexual relationship with a Tasmanian judge has lodged a complaint with the state’s equal opportunity commission.

Sarah Gregory was photographed embracing her partner, Justice Gregory Geason, in a Hobart nightclub last year.

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Ukraine president addresses parliament; Putin a ‘war criminal’, PM says – as it happened

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Volodymyr Zelenskiy says Australian contribution to become more critical as Scott Morrison pledges extra $25m in military assistance to Ukraine; Sydney rainfall tops record set in 1956; flood and hazardous surf warnings across NSW; nation records 32 Covid deaths. This blog is now closed

Parliament has passed legislation that can stop deadly mitochondrial disease in babies, using a partial DNA donation. It passed in the Senate scramble last night. Here’s the background:

Communities in the northern rivers region of NSW are going to get some reprieve from the rain today as the east coast low drifts away from the coast.

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Federal police blame ‘oversight’ for delay in Australian review of Sri Lankan war crime allegations

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AFP not aware of ‘administrative oversight’ until letter from justice groups seeking update on 2019 complaint about Jagath Jayasuriya

Federal police blamed an “administrative oversight” for huge delays in reviewing war crime allegations against a Sri Lankan man as he travelled to and from Australia, documents show.

In 2019, human rights groups wrote to the Australian federal police warning that Jagath Jayasuriya, a retired Sri Lankan general, “has entered Australia and may still be in the jurisdiction”.

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Zachary Rolfe on leave as NT police investigates internal disciplinary matters

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NT police union says the force is investigating several matters unrelated to the shooting of Kumanjayi Walker

Constable Zachary Rolfe is on leave as the Northern Territory police investigates internal disciplinary matters, only days after he was found not guilty of murdering Kumanjayi Walker.

Rolfe, 30, has been told to take leave as the force investigates several internal matters unrelated to the shooting, Guardian Australia has confirmed. It is unclear what those investigations concern.

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