The Position in International Law
147. The Concept of Discrimination in General International Law. Questions of equality and discrimination have been the subject of considerable discussion and reflection in international law, both in the interpretation of ‘minorities clauses’ and of similar guarantees of non-discrimination for specific groups, and more recently in the interpretation of general human fights instruments. A survey …
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Read moreThe Position in Canada
138. The Canadian Bill of Rights 1960. In 1960 the Canadian Parliament enacted a short Bill of Rights which included a guarantee of ‘equality before the law’.[43] The Canadian Bill of Rights had no constitutional status and could be overriden by an express derogation clause in later legislation. It affected only federal legislation and its …
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Read moreALRC consultations with young people
67.25 As noted above, there is limited literature on the attitudes of young people in Australia to privacy. In the early stages of the Inquiry, the ALRC determined that there was a need to assess if young people in Australia possess similar attitudes to those possessed by young people overseas. The usual submission and consultation …
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Read moreMedia privacy standards
42.55 For a media organisation to fall within the journalism exemption, it must be publicly committed to observe standards that:(i) deal with privacy in the context of the activities of a media organisation (whether or not the standards also deal with other matters); and(ii) have been published in writing by the organisation or a person …
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Read moreExtension of the Privacy Act to groups?
7.8 In light of the above, the ALRC asked in the Issues Paper, Review of Privacy (IP 31), whether the Act should be amended to accommodate a ‘collective’ or ‘group’ right to privacy. The ALRC noted that there is some precedent for explicit privacy protection at common law for Indigenous groups in Australia.[12] Northern Territory …
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Read more6. Sentencing and treatment of convicted children
Sentencing When a person confesses to a crime or the court finds that he or she did the crime he or she is sentenced. The Convention on the Rights of the Child states that there should be alternatives to putting children and young people in detention centres (prisons) and that children and young people should …
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Read moreNavigating the Maze – Family Violence Inquiry, JD Guest Lecture
Professor Rosalind Croucher, President, Australian Law Reform Commission. University of Melbourne The text below does not include the original footnotes. Download PDF for full version.Introduction In speaking to you today I will be looking at law reform, using the ALRC’s current inquiry into family violence as the illustration, in order to demonstrate the challenges of …
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Read moreEmeritus Professor Rosalind Croucher AM
Professor Croucher was first appointed to the Commission as a full-time Commissioner in February 2007. She was appointed President of the ALRC in December 2009. In 2015 Professor Croucher was reappointed as President for a further three years, to 13 December 2017. Professor Croucher obtained a BA (Hons) in History and an LLB from the …
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Read moreUWS Symposium: Sedition, free speech and the war on terror
Prof David Weisbrot AM, President, Australian Law Reform Commission, 20 March 2007 Free speech or ‘sedition’? Prohibitions on encouraging violence Introduction In its November 2005 package of anti-terrorism laws, the Government introduced a set of five ‘modernised sedition offences’, including: three offences that prohibit ‘urging others to use force of violence’ to overthrow the Constitution or …
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Read morePolicy Transparency, Genetic Counselling and the Required Legal Infrastructure
Presentation by Professor David Weisbrot, President of the Australian Law Reform Commission, to the Symposium on ‘The Legal Implications of Biobanking: An Initial Review of the Legal Infrastructure Development of Taiwan’s Pilot Project’, 8 August 2005. Synopsis Following the sequencing success of the Human Genome Project, research into population genetics is likely to bring the next generation of …
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