Legal protection necessary as postal survey hits letterboxes
Parliament has agreed on new laws to safeguard against hate speech during the same-sex marriage postal survey campaign by rapidly passing the Marriage Law Survey (Additional Safeguards) Bill on yesterday. The Law Council has strongly advocated for the anti-vilification provisions which cover a wide-range of conduct, including measures to prevent vilification, intimidation, or threats to cause harm on the basis of the sexual orientation, gender identity, intersex status or the religious convictions of someone during the survey period. The new temporary laws will apply until mid-November restricting content published by campaigns, anyone found to have breached those provisions could face a $12,000 fine and a court injunction. Read more here.
Current attempts to strengthen citizenship not supported
Strengthening of English language requirements for Australian Citizenship have been quashed with key crossbench Senators announcing they will not support proposed amendments to the Government's Australian Citizenship Legislation Amendment Bill 2017 in its current form. Read more here. Justice Project Update
Consultations continue for the Justice Project, with Law Council President, Fiona McLeod SC, and Law Council secretariat members travelling to Townsville, Brisbane, Perth and Kalgoorlie earlier this month. Consultations have emphasised the importance of human connection and building trust with clients, as well as delivering services that are culturally competent, flexible and responsive to client’s needs. Read more here. Integrity Commission and Whistleblower reports backed
The Law Council announced support for the Select Committee into a National Integrity Commission report and the Joint Committee on Corporations and Financial Services Whistleblower protections report. The Law Council’s positions were put forward to both Committees and are consistent with several of the recommendations contained within the reports which, if implemented, will help strengthen Australia’s national integrity framework. Read more here. Modern Slavery Act
On 1 September 2017, the Law Council provided a submission in relation to responses to questions on notice arising from the Law Council’s appearance at the hearing for the inquiry into Establishing a Modern Slavery Act in Australia. The Law Council’s supplementary submission noted a need to consider the sufficiency of the defences in the Criminal Code Act 1995 (Cth) for victims of human trafficking, slavery and slavery-like offences.
Review of ASIO Questioning and Detention Powers
On 1 September 2017, the Law Council provided a submission to the Parliamentary Joint Committee on Intelligence and Security in relation to responses to questions on notice arising from the Law Council’s appearance at the hearing for the Review of ASIO’s Questioning and Detention Powers. The Law Council’s submission noted that if no derivative use immunity is provided then there should be strict confines on the use of information for intelligence only purposes. The submission also set out several safeguards which should apply should the Committee decide that ASIO should retain a detention power. Australian Border Force Legislation Amendment (Protected Information) Bill
On 30 August 2017, the Law Council provided a submission to the Senate Legal and Constitutional Affairs Committee on the above Bill. The Law Council’s submission noted that any step taken by the Parliament that might limit the prohibitions on disclosure of information under the existing provisions should be supported – even if, as is the case with the amendments proposed in the Bill, the limitation is likely to be very modest in practice. The submission also noted that a suite of unjustifiably wide-ranging prohibitions on the disclosure of information connected with the activities of the Australian Border Force will remain in place. Social Services Amendment (Welfare Reform) Bill 2017
On 31 August 2017, Law Council representatives appeared before the Senate Community Affairs Committee as part of its inquiry into the Social Services Amendment (Welfare Reform) Bill 2017. The Law Council argued that the mandatory drug testing regime for certain welfare recipients did not appear to be necessary or proportionate. On 4 September 2017 the Law Council provided a supplementary submission to the Committee responding to a question on notice received at the hearing where the Law Council was asked to review the draft Rules that would accompany the Bill. The Law Council’s submission noted a number of problematic features with the rules that would exacerbate concerns relating to a lack of procedural fairness. The Committee’s report was released on 6 September 2017 where the Government majority report recommended that the Bill be passed, although Labor and the Greens both
issued dissenting reports.
AdvocacyCurrent inquiries and consultations - as of 8 September 2017.
Law of Contempt, Senate Standing Committee on Legal and Constitutional Affairs. Litigation Funding and Group Proceedings: Consultation Paper, Victorian Law Reform Commission. Modern Slavery in Supply Chains Reporting Requirement – Public Consultation, Attorney General’s Department. - Review of the 'declared area' provisions, Parliamentary Joint Committee on Intelligence and Security.
- The integrity of the water market in the Murray – Darling Basin, Senate Rural and Regional Affairs and Transport References Committee.
- Fair Work (Registered Organisations) Amendment (Ensuring Integrity) Bill 2017 [provisions], Senate Education and Employment Legislation Committee.
- Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime, Parliamentary Joint Committee on Intelligence and Security.
- Exposure draft – Family Law Amendment (Family Violence and Cross-examination of Parties) Bill 2017, Attorney General’s Department.
- Inquiry into establishing a Modern Slavery Act in Australia, Joint Standing Committee On Foreign Affairs, Defence And Trade: Foreign Affairs and Aid Sub-Committee.
- Indigenous incarceration, Australian Law Reform Commission.
News and Media
Media releases:
Key Coverage:
Interview with Fiona McLeod SC on ABC News - News Afternoons with Kumi Taguchi, 13 September 2017, discussing temporary anti-vilification laws to be enforced during the same-sex marriage postal survey. Interview with Fiona McLeod SC on Sky News Live, 13 September 2017,
discussing temporary anti-vilification laws to be enforced during the same-sex marriage postal survey. Interview with Fiona McLeod SC on Radio National, Channel 10, Sydney, Channel 10, Brisbane, Channel 10, Melbourne, Channel 10, Perth, Channel 10, Adelaide, ABC Sunshine Coast, MIX 92.7, Sunshine Coast, BAY FM, Geelong, 4TO FM, Townsville, 2GO FM, Gosford, K-ROCK FM, Geelong, POWER FM Illawarra, Wollongong, Smooth FM 95.3, Sydney, 98.5 Sonshine FM, Perth, ABC Central Victoria, Bendigo, HO FM, Hobart, NOVA 93.7, Perth, 6PR, Perth, SEN, Melbourne, ABC Radio Canberra, 5AA, Adelaide, 4BC, Brisbane, ABC Radio Perth, ABC Alice
Springs, discussing temporary anti-vilification laws to be enforced during the same-sex marriage postal survey have passed parliament. “Survey safeguards just 'gesture politics'”, The Australian, 14 September 2017. Interview with Fiona McLeod SC on ABC Radio Canberra, ABC Radio Melbourne, ABC Radio Hobart, ABC Radio Brisbane, ABC Radio Adelaide,
ABC Radio Sydney, ABC Radio Darwin, 2CC, Canberra, 2GB, Sydney, HO FM, Hobart, Smooth FM 95.3, 4BC, Brisbane, NOVA 106.9, Brisbane, 3AW, Melbourne, 5AA, Adelaide, 13 September 2017, discussing new laws being rushed through parliament to ban vilification, intimidation and threats in line with the same sex marriage postal survey. “Same-sex marriage survey anti-vilification laws should pass this week”,
ABC online, 13 September 2017. “Sydney marches for equality”, Alt Media, 13 September 2017. “Long waits for Family Court dates puts kids at risk”,
Daily Telegraph, 12 September 2017. “Legislative protections ‘vital’ to respectful same-sex marriage debate”, Lawyers Weekly, 12 September 2017. “Govt to consider safeguards for postal survey”, Sky News, 11 September 2017. “Law Council says yes to same-sex marriage”, Australasian Lawyer, 11 September 2017. Interview with Fiona McLeod SC on ABC National Radio AM, ABC Radio Melbourne, ABC Radio Hobart, ABC Radio Canberra, ABC Radio Darwin, ABC Radio Sydney, ABC Radio Brisbane, discussing the High Court’s ruling on same-sex marriage postal survey. “SSM: Government, Opposition push for anti-vilification laws ahead of same-sex marriage vote”, ABC online, 8 September 2017. “Courtroom roles scarce for women barristers”, Australian Financial Review, 8 September 2017. “LCA speaks out as High Court gives green light to same-sex marriage postal survey”, Lawyers Weekly, 7 September 2017. “New English test may make it too hard for people to become Australian citizens”, Daily Telegraph, 6 September 2017. “Peter Dutton's citizenship overhaul derailed by Nick Xenophon Team” The Guardian, 5 September 2017. “Inquiry calls for reworked citizenship law”, SBS News, 5 September 2017. “Peter Dutton's Australian citizenship crackdown doomed after key senators pull support”, Sydney Morning Herald, 5 September 2017. “Firms commit to equal pay as women still lag behind nationwide”, Lawyers Weekly, 5 September 2017. "Seniors set justice trend” Townsville Bulletin, 4 September 2017.
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