10. External territories
Introduction10.1 The terms of reference for the inquiry require the Commission to consider the application of Commonwealth law in Australia’s external territories in relation to cross border civil remedies. This chapter discusses the general legal framework applying in Australia’s external territories and, within that context, the remedies available in those territories for cross border disputes. …
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Read more1. Introduction
This inquiryThe terms of reference1.1 On 19 July 1995 the then federal Attorney-General, Michael Lavarch, asked the Commission to review the civil remedies available under Australian law and under multilateral or bilateral instruments or arrangements to which Australia was or could be a party. The Commission was asked to report on the feasibility of the …
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Read more2. Remedies, commerce and cross border risk
Introduction2.1 Cross border transactions have always attracted legal risks. What has changed is the volume and range of international commerce in which Australia is involved and the complexity and significance for Australia of the legal issues that this commerce generates. Cross border legal issues are emerging as a separate area of commercial risk that need …
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Read more4. The Family Court
Introduction The Family Court makes decisions about many family matters, especially where parents have decided to separate or divorce. Visiting the Family Court can be distressing for children and young people. It may be difficult to understand what is going on in the court, especially if the child or young person has difficulty understanding English …
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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 more7. Witnesses and victims of crime
Introduction Children and young people can be victims of crime or may witness a crime. Children and young people may feel upset about what they have seen or what has happened to them, especially if they are very young or the crime involved sexual abuse. Sometimes they are the only witness or the accused person …
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Read moreAuthorised disclosure provisions
10.4 In this chapter, the ALRC uses the term ‘authorised disclosure provisions’ to refer to three kinds of provision that operate to permit the disclosure of government information—exceptions; defences; and information-handling provisions. Exceptions10.5 Most secrecy provisions contain exceptions to the prohibition on disclosure. An ‘exception’ is a provision that limits the scope of the conduct …
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Read moreSubsequent disclosure offences
9.98 In Chapter 6, the ALRC recommends the creation of two offences for the subsequent unauthorised disclosure of Commonwealth information: (a) where a person receives the information in confidence; and (b) where a person receives the information knowing that, or reckless as to whether, the information has been disclosed in breach of the general secrecy …
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Read morePenalties
9.132 The final section of this chapter discusses two issues relating to penalties for the breach of specific secrecy offences: inconsistencies in current penalties for secrecy offences and the development of benchmark penalties for secrecy offences that include a requirement of harm.Inconsistencies between specific secrecy offences9.133 Penalties in specific secrecy offences vary widely, from a …
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Read moreWhose conduct should be regulated?
6.3 Chapter 3 provides an overview of the parties regulated by existing federal secrecy provisions. As noted in that chapter, secrecy provisions can apply to:· Commonwealth employees;· organisations or individuals providing services for or on behalf of the Commonwealth;· Commonwealth agencies;· other specific categories of organisations or individuals; or· ‘any person’.6.4 In this section, the ALRC …
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