Category Archives: Law (Australia)

Ban on doctors raising voluntary assisted dying with ill patients to remain as Victoria reviews law

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Advocates lament missed opportunity for reform, saying some safeguards have become barriers

Allowing doctors to start conversations with terminally ill patients about voluntary assisted dying will not be considered under a review of Victoria’s euthanasia laws – sparking criticism from advocates who say it is a missed opportunity for reform.

A five-year review of the dying laws is open for public submissions and will consider issues including access to the scheme and safeguards. Advocates say Victoria – which in 2017 became the first Australian jurisdiction to legalise VAD – is now lagging behind other jurisdictions.

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Snowtown ‘bodies-in-the-barrels’ accomplice Mark Ray Haydon due for release in May

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SA government seeks legal advice on whether new laws criminalising concealing or interfering with human remains could keep inmate in jail

A man imprisoned for his involvement the Snowtown murders, one of Australia’s most notorious crimes, could be free within months.

Mark Ray Haydon was convicted for his role in the so-called “bodies in the barrels” murders in Snowtown, South Australia, in the 1990s. Eight of the 11 people killed were found in barrels in a disused bank vault in the town, which is 150km north of Adelaide. A 12th death was linked to the killers.

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Andrew O’Keefe avoids jail time for assault and drug possession convictions

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Judge tells court assault was ‘violent and degrading’ as former TV host ordered to serve 18 months on community corrections order

The former TV host Andrew O’Keefe has avoided jail despite being found guilty of “violent and degrading” domestic attacks.

The broadcaster was hit with three sets of charges over multiple incidents in 2021, including assault causing actual bodily harm, breaching a domestic violence order and possession of the synthetic stimulant drug mephedrone. O’Keefe denied the charges.

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In Australia, the national family violence counselling service is on 1800 737 732. In the UK, call the national domestic abuse helpline on 0808 2000 247, or visit Women’s Aid. In the US, the domestic violence hotline is 1-800-799-SAFE (7233). Other international helplines may be found via www.befrienders.org

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Kurtley Beale trial: jury to be shown CCTV footage of Wallabies star allegedly groping woman

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Rugby union player pleads not guilty and denies groping and sexually assaulting the complainant, who cannot be identified for legal reasons, at Bondi Beach venue in 2022

Footage showing the Wallabies star Kurtley Beale allegedly groping a woman at a pub before sexually assaulting her in a bathroom will be played to a jury as he fights the accusations.

More than an hour of recorded CCTV from the Beach Road Hotel near Bondi beach is expected to be played to the New South Wales district court jury hearing the case on Tuesday.

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Australia sanctions Russian citizen Aleksandr Ermakov over 2022 Medibank cyber-attack

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Government uses cyber sanctions powers under Magnitsky laws for first time to target Aleksandr Gennadievich Ermakov, alleged to be responsible for hack

Australia has used its new cyber sanctions powers for the first time against a Russian citizen, Aleksandr Ermakov, in connection with the Medibank Private data breach.

Magnitsky-style sanctions laws that were introduced in Australia in late 2021 include a world-leading measure to allow the imposition of Australian travel bans and asset freezes on those allegedly involved in “significant” cyber-attacks.

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Victorian opposition drops support for treaty, citing ‘issues around cultural heritage’

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The Coalition backed a bill in 2022 to start the treaty process but spokesman Peter Walsh says ‘things have changed’

The Victorian opposition has dropped its support for a treaty with the state’s Indigenous people, citing concerns about cultural heritage laws.

The move was described by the state’s First People’s Assembly as “disappointing but not surprising”.

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Labor’s sexual harassment changes could clog courts with ‘unmeritorious’ claims, Law Council warns

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Costs protection bill would tilt balance in favour of accusers and move financial risk to accused, legal body says

The Law Council of Australia has warned that proposed changes removing cost barriers for applicants in sexual harassment and discrimination cases could result in “arbitrary and unintended consequences” such as clogging the courts with “unmeritorious” claims.

Before a parliamentary inquiry hearing into the bill next Wednesday, the peak legal body said in its submission it was concerned Labor’s bill too heavily tilted the balance towards those accusing sexual harassment and placed the burden of financial risk on those being accused.

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Linda Reynolds seeks advice on bid to freeze Brittany Higgins’ assets in France

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The former minister aims to apply order in France where her former staffer, whom she is suing for defamation, now lives

Linda Reynolds says she is awaiting advice on whether a bid to freeze Brittany Higgins’ assets could apply in France where the former Liberal staffer she is suing now lives.

The Western Australian senator is suing Higgins, and her partner David Sharaz, in the state’s supreme court over social media posts that contained a list of complaints against the former defence minister.

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Traditional owners call for special rights to prevent government repossessing land as Victoria prepares for treaty talks

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Indigenous traditional owner groups and advocates submit major land reform proposals to state’s truth-telling commission

Victorian traditional owner groups are calling for special land rights to prevent land they own from ever being repossessed by the government, as the state prepares for nation-first treaty talks to begin this year.

Indigenous traditional owner groups and Aboriginal advocacy organisations have submitted major land reform proposals to the state’s Indigenous truth-telling commission which is this year investigating housing and land inequality facing First Nations Victorians. The inquiry’s recommendations could inform treaty negotiations which are scheduled to begin later this year.

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Freed immigration detainee sues Australian government for damages for alleged false imprisonment

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Stateless Kurdish man’s compensation case is the first sparked by high court ruling that indefinite detention is unlawful

A stateless Kurdish man released from immigration detention is seeking “aggravated” and “compensatory” damages for alleged false imprisonment – the first such case sparked by the high court’s ruling that indefinite detention is unlawful.

The intellectually impaired man, known as DVU18, has sued the immigration minister, Andrew Giles, through a litigation guardian, in a case that could pave the way for the 149 people released to sue for hundreds of thousands of dollars of compensation each.

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Howard government worked with Canada to oppose UN declaration on Indigenous rights

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Cabinet papers from 2003 show the government pursued talks without consulting peak Indigenous body – which it then abolished

The Howard government fought strongly against recognising the right of Indigenous peoples to “self-determination” and worked secretly with Canada to try to change a draft UN declaration, newly released cabinet papers show.

The cabinet papers from 2003, released by the National Archives on Monday, show that some Australian government departments held concerns about potential impacts of the UN declaration on the rights of Indigenous peoples, but Australia’s talks with Canada on amendments were being pursued with “no Indigenous consultation about the process or its product” as such input would be “premature”.

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Brittany Higgins told ‘complete falsehoods’ amid ‘political hit job’, Bruce Lehrmann’s lawyers say as defamation trial ends

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Judge concludes case and reserves his decision after more than four weeks of evidence

Bruce Lehrmann’s lawyers have argued on the final day of his high-profile defamation trial that Brittany Higgins told “complete falsehoods” and her allegations were part of a “political hit job” fuelled by her partner.

Justice Michael Lee on Friday concluded the case and reserved his decision after more than four weeks of evidence and submissions.

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Convicted Melbourne terrorist Abdul Nacer Benbrika to be released from prison

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Electronic monitoring and rules on who he can associate with will be imposed by Victorian supreme court

Convicted terrorist Abdul Nacer Benbrika is set to be released from prison within hours and placed on an extended supervision order that will force him to comply with 30 conditions, including electronic monitoring.

The Victorian supreme court heard on Tuesday that Benbrika would be released later on Tuesday – after spending nearly 20 years behind bars – after the order was finalised.

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Lehrmann proceedings day 18 – as it happened

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This blog is now closed.

Meakin agreed that The Project was “going further” towards identifying Lehrmann than Samantha Maiden’s article in news.com.au which was published first.

He said The Project was relying on Maiden’s article to promote the program that evening and that the promotion could improve ratings.

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Brittany Higgins told senior colleague she remembered Bruce Lehrmann on top of her, defamation trial hears

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Linda Reynolds’ then chief of staff Fiona Brown was first to interview pair after alleged rape, which Lehrmann has always denied

Former Liberal staffer Fiona Brown was dramatically compelled to give evidence in Bruce Lehrmann’s defamation trial on Monday on the proviso the federal court’s live stream was disabled while she was in the witness box.

Brown was Senator Linda Reynolds’ chief of staff at the time Brittany Higgins claims Lehrmann raped her on the ministerial couch, and was the first person to interview both of them. She took contemporaneous notes.

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Lisa Wilkinson rejects idea she put ‘pride and ego’ before Bruce Lehrmann’s right to a fair trial

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Broadcaster also hits back during defamation trial at suggestion she was ‘captured’ by Brittany Higgins and had no desire to ‘check or scrutinise anything she said’

Lisa Wilkinson has hit back at suggestions she behaved “like a cheap tabloid journalist” in her handling of Brittany Higgins’ rape allegations, saying her team investigated the story “extremely well”.

The broadcaster’s much-anticipated evidence began on Thursday in the federal court, where she is facing lengthy cross-examination by Bruce Lehrmann’s legal team.

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Tropical Cyclone Jasper live update tracker: category 2 storm hits North Qld, more than 14,000 homes lose power, BoM radar track map – latest

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BoM tracker map shows forecast path of category 2 cyclone will hit north of Cairns and Port Douglas on the Queensland coast at about 1pm with heavy rain, 140km/h winds and storm surge predicted. Follow the latest Australia news and weather updates today

Ceasefire ‘can’t be one-sided’

Emergency management minister Murray Watt is also speaking to ABC RN this morning, and was asked about the PM’s joint letter with his New Zealand and Canadian counterparts urging a ceasefire.

[It] shows that we want to work with like-minded countries towards what would be a just and enduring peace. I think the whole world has been pleased to see the release of hostages and the pause in hostilities that we’ve seen over the last couple of weeks, but what we need to do is move towards a sustainable ceasefire …

I think everyone who watches this conflict unfolds on their television screens, is really disturbed about the loss of life that we’re seeing go on at the moment.

I think that’s the value that a country like Australia can play here by really taking that even-handed approach that does call out the abhorrent behaviour by Hamas, but also as a friend of Israel, calls on them to respect international humanitarian law.

We are alarmed at the diminishing safe space for civilians in Gaza. The price of defeating Hamas cannot be the continuous suffering of all Palestinian civilians.

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Bruce Lehrmann defamation trial live: judge orders Sky News to produce alleged secret recording of Brittany Higgins’ lawyer

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Lehrmann is suing Network Ten and journalist Lisa Wilkinson in the federal court of Australia for defamation. Follow the latest news and updates from the trial today

Project producer says David Sharaz told him Higgins had been to police again

Llewellyn is now being asked about what role, if any, The Project played in Higgins reactivating her complaint about the alleged rape with ACT police in 2021.

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The defamation trial gripping Australia: Bruce Lehrmann, Brittany Higgins and the witnesses so far

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An allegation of rape, fiercely denied, in a ministerial office is being interrogated by weeks of testimony and cross-examination in a defamation trial brought by the accused

It has become one of Australia’s most convoluted and damaging political sagas, polarising the public.

An allegation of rape, fiercely denied, in a ministerial office in Parliament House has been discussed in news reports, interviews, speeches, and reams of commentary. It was examined in an aborted criminal trial, covered in four separate inquiries and now the first of several related civil cases is again calling witnesses and poring over evidence.

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Australia’s freedom of information system ‘dysfunctional and broken’, inquiry finds

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Senate panel’s Labor members disagree with report, saying opposition-led probe failed to acknowledge Coalition’s ‘longstanding attempts to weaken’ FoI laws

Australia’s freedom of information regime has become “dysfunctional and broken” after years of funding and resourcing neglect and chronic backlogs caused in part by a pro-secrecy culture within the bureaucracy, a Senate committee has found.

The recent resignation of the freedom of information commissioner, who was less than 12 months into a five-year term, has also been described as a “symptom” of the troubles faced by the system designed to make federal government processes transparent.

The watchdog has been facing increasing scrutiny in recent years as a result of an ever-growing backlog of requests to review FoI decisions, hampered by bureaucratic and legislative roadblocks.

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