Dutton is demanding Australia resist ICC arrest warrants for Israeli leaders – and a Howard-era law could help him

Legal experts say a ‘carve-out’ clause in the law relating to extraditions could let the attorney general decline to enforce arrest warrants issued under international law

In 2002, a little-known backbencher by the name of Peter Dutton rose in parliament to ask the then prime minister, John Howard, about a new mechanism for prosecuting war crimes.

The newly elected member for Dickson’s dixer to Howard was straightforward: “What is the basis of the government’s decision to ratify the statute of the International Criminal Court?”

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Two murderers and 26 sex offenders released under NZYQ ruling not electronically monitored

ABF commissioner tells Senate there is a ‘big difference between some murders and other murders’

At least two murderers or attempted murderers and 26 sex offenders released from immigration detention are not required to wear an electronic ankle monitor or observe a curfew.

Australian Border Force officials revealed at Senate estimates on Wednesday that half of the 153 non-citizens released as a result of the high court’s ruling on indefinite detention are not subject to electronic monitoring, including some convicted of serious offences.

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Fewer than 10% of sexual assaults reported to NSW police end in a conviction, report finds

Bureau of Crime Statistics and Research study finds no legal action was taken in about 85% of reported sexual assault incidents

Only 8% of contemporary child sexual assault incidents reported to New South Wales police end in a conviction, according to a Bureau of Crime Statistics and Research report released on Tuesday.

The number is lower for reported historic sexual assault incidents (7%) and lower again for reported adult sexual assault incidents (6%).

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Greg Lynn trial: Carol Clay ‘did not seem bothered’ her partner Russell Hill was married, court told

Former Jetstar pilot has pleaded not guilty to murdering Hill and Clay, who court hears were having an affair

Carol Clay “did not seem bothered” her partner, Russell Hill, remained married and “liked the situation”, a Victorian supreme court trial has heard.

Former airline pilot Gregory Stuart Lynn, 57, has pleaded not guilty to murdering Hill and Clay in the state’s alpine region in March 2020.

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Win for Albanese government as high court rules indefinite detention legal in non-cooperation cases

High court dismisses challenge from Iranian asylum seeker, ruling that detention is lawful if non-citizens refuse to cooperate in deportation process

Indefinite immigration detention is lawful if non-citizens’ lack of cooperation has frustrated efforts to deport them, the high court has held in a major win for the Albanese government.

On Friday the high court delivered judgment in the case of ASF17, an Iranian asylum seeker who refused to cooperate with efforts to deport him because he “fears for his life” because he is bisexual, Christian, and a Faili Kurd.

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Flawed immigration detention risk assessment tool can’t be upgraded as ABF data ‘riddled with errors’

Exclusive: One detainee recorded as being involved in ‘over 3,000 incidents’ in a year – an ‘incredibly unfeasible’ scenario, FOI documents say

The secretive risk assessment tool used in Australia’s immigration detention centres could not be replaced by a better model due to insufficient data collection by Australian Border Force, documents reveal.

The security risk assessment tool is meant to determine whether someone is low, medium, high or extreme risk for escape or violence. It calculates risk ratings based on factors including pre-detention history and episodes that can occur in detention, such as possessing contraband or refusing food or fluids.

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Australia’s immigration minister successfully suppresses details about electronic monitoring of former detainees

Exclusive: Andrew Giles argued that court evidence about how ankle monitors work could help freed detainees breach visa conditions

The Albanese government has successfully suppressed details of the effectiveness of electronic monitoring, arguing that transparency could encourage former immigration detainees to breach ankle bracelet visa conditions.

On Friday the high court granted a suppression order on expert evidence relating to how ankle monitors work in a challenge of harsh new visa conditions, set to be heard as early as August.

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Faruqi v Hanson: One Nation leader’s barrister says tweet ‘not nice’ but not racist as court hears closing arguments

Mehreen Faruqi’s lawyer tells court it is ‘unlikely’ Pauline Hanson did not know Greens senator is Muslim

Pauline Hanson’s controversial tweet to fellow senator Mehreen Faruqi telling her to “piss off back to Pakistan” was “not nice” or “polite” but was not racist, her lawyer has told the federal court.

Faruqi has brought a racial discrimination case against Hanson in the federal court, alleging she was subjected to racial vilification, abuse and discrimination after Hanson tweeted in response to Faruqi critiquing colonisation on the day Queen Elizabeth II died.

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Activist groups not directly involved in Tiwi Island lawsuit must hand over documents to Santos, court rules

Broad terms of subpoenas a ‘chilling’ precedent that could undermine future climate litigation, legal experts say

A federal court judge has allowed Santos to subpoena paperwork held by three activist groups who were not directly involved in a lawsuit against the oil company.

Justice Natalie Charlesworth ruled on Wednesday afternoon that Santos could pursue financial records and communications between activist groups – Sunrise, Jubilee Australia and the NT Environment Centre – and the Environmental Defenders Office (EDO) in order to determine whether the company will also pursue the campaign organisations for costs for the lawsuit carried out by the EDO on behalf of Tiwi Island traditional owners.

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Bruce Lehrmann should pay Ten’s entire legal bill after ‘deliberately wicked’ decision to sue, network says

In court submissions, Ten’s lawyers argue Lehrmann should indemnify the network for its legal costs, estimated at $8m

Bruce Lehrmann should pay all Network Ten’s legal costs because suing The Project for defamation was “deliberately wicked and calculated” and an abuse of process, Ten has told the federal court.

The former Liberal staffer lost the defamation case he brought against Ten and Lisa Wilkinson, with Justice Michael Lee finding that on the balance of probabilities Lehrmann raped Brittany Higgins on a minister’s couch in Parliament House in 2019.

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Brittany Higgins hopes Bruce Lehrmann rape finding sets ‘new precedent’ for sexual assault survivors

In her first statement since a judge dismissed Lehrmann’s defamation action, Higgins also takes swipe at Seven’s Spotlight program

Brittany Higgins says she hopes Justice Michael Lee’s judgment in Bruce Lehrmann’s failed defamation case will set a new precedent for how courts consider the testimonies of victims of sexual assault.

In a statement on Saturday, Higgins also said she was “devastated a rapist was given a nationwide platform to maintain his lies about what happened”. She hoped people who contributed to Channel Seven’s Spotlight program last June, in which Lehrmann was interviewed, “will reflect on their decision”.

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Seven boss departs – as it happened

This blog is now closed.

Marles continues breakfast rounds to discuss defence spending

The defence minister, Richard Marles, has been making the rounds this morning and has also spoken to ABC RN about yesterday’s defence announcement.

The reason why we make the observation that an invasion of Australia is a very unlikely scenario, no matter what happens, is because any adversary that wished to do us harm could do so much to us before ever setting foot on Australian soil – and disrupting those specific sea lines of communication, which I’ve described, would obviously achieve that. That that is where the risk of coercion lies, as one example.

And in order to protect ourselves in respect of that, we do need the ability to [project], because if you think about it, … the geography of our national security when seen through those lands is not the coastline of our continent. It in fact, lies much further afield.

We’re looking at a substantial increase on what’s already in the Online Safety Act. So not only a large amount – so for example, a $3m fine for an offence and ongoing fines, but a percentage of turnover as well.

We know that the revenues of some of these online platforms exceed those of some nations and so it needs to be a meaningful and substantial penalty system that’s put in place.

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How Justice Michael Lee untangled the Higgins-Lehrmann ‘omnishambles’

It was a masterclass in dispassionate legal dissection with lessons for future defamation and sexual assault prosecutions, and for media practice

In determining that Bruce Lehrmann raped Brittany Higgins, federal court justice Michael Lee took a giant knot of allegations, with all its loops and loose ends, and meticulously and painstakingly unpicked it.

That he did it with such acerbic clarity makes an already unusual judgment only more so.

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eSafety commissioner orders X and Meta to remove violent videos following Sydney church stabbing

Julie Inman Grant issues notices compelling companies to remove offending material within 24 hours

Facebook’s parent company Meta and X/Twitter have been told to remove violent and distressing videos and imagery of the stabbing of a prominent Orthodox Christian leader in Sydney’s west on Monday evening.

The eSafety commissioner, Julie Inman Grant, told reporters on Tuesday that X and Meta had been issued with notices to remove material within 24 hours that depicted “gratuitous or offensive violence with a high degree of impact or detail”, with the companies facing potential fines if they fail to comply.

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Bruce Lehrmann defamation trial live updates: verdict an ‘unmitigated disaster’ for Lehrmann, Ten lawyer says; Wilkinson says she ‘published a true story about rape’

Justice Lee finds Ten’s defence of truth successful after Lehrmann sued the network and journalist Lisa Wilkinson in the federal court of Australia for defamation. Follow the latest news and updates from the judgment today

Bruce Lehrmann and Lisa Wilkinson have both arrived into courtroom one on the 21st level of the federal court building in central Sydney.

Lehrmann is sitting at the bench, alongside his legal team, while Wilkinson is sitting on the other side of the courtroom in the front row of the gallery, in a row of red reserved seats.

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‘What is a woman?’: court asked to rule on definition in transgender woman’s case against Giggle for Girls platform

Roxanne Tickle’s lawyer says women-only app has ‘modus operandi of treating transgender women as men’

A court has been asked to define what a woman is as a landmark gender identity discrimination case comes to a close in front of a packed gallery of trans and women’s rights campaigners in Sydney.

Roxanne Tickle, a transgender woman from regional New South Wales, is suing the women-only social media platform Giggle for Girls and its CEO, Sall Grover, for alleged unlawful discrimination after being blocked from using the networking app.

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Penny Wong blames ‘Peter Dutton-Adam Bandt alliance’ for failure to pass Labor’s deportation laws

But Greens’ David Shoebridge says Labor has ‘jumped the shark’ with the legislation and it requires more scrutiny

Foreign affairs minister Penny Wong has blamed a “Peter Dutton-Adam Bandt alliance” for the government’s failure to rush through “draconian” deportation legislation in the parliament last week.

But Greens senator David Shoebridge, who has described the laws as “draconian”, said the Labor government was alone in supporting the laws without scrutiny, arguing it was “everybody in the parliament except for Labor” who wanted further examination of legislation “that looked like it had been drawn in crayon without any rational basis behind it”.

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Queensland LNP vows to ditch ‘detention as last resort’ approach to youth crime

Opposition leader David Crisafulli says LNP would rewrite Youth Justice Act ‘to put victims first’ if it wins October election

The Queensland Liberal National party opposition has vowed to remove the principle of detention as a last resort from the Youth Justice Act before year’s end if it wins the state election.

Speaking in Townsville on Tuesday, the LNP leader, David Crisafulli, revealed more detail about the party’s “Making Queensland safer laws” and accused Labor of having a “conga line of crises”.

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NSW outlaws gay conversion practices and makes it harder for young people to get bail

LGBTQ groups welcome legislation passed after marathon overnight sitting, but critics line up to warn bail laws will put more children in jail

Gay conversion practices have been outlawed in New South Wales and it will be harder for teenage offenders to get bail after two laws passed the state’s parliament overnight.

The laws will, separately, ban conversion practices such as religious “straight camps” that attempt to change someone’s sexual orientation and introduce an extra test for some young people seeking bail.

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Landmark report calls for removal of LGBTQ+ discrimination exemptions for Australia’s religious schools

Law Reform Commission says schools shouldn’t be allowed to discriminate against staff and students on basis of sexuality, gender identity or relationship status

Blanket exemptions allowing religious schools to discriminate against staff and students on the basis of sexuality and gender identity should be repealed, a key report to the federal government has recommended.

The long-awaited report from the Australian Law Reform Commission, released on Thursday, says the institutions should be allowed to preference staff in line with their beliefs so long as its proportionate and “reasonably necessary” to maintaining a community of faith and isn’t unlawful under existing discrimination laws.

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