Conceptualising law reform references
Australasian Law Reform agencies Conference, Melbourne Law School, 2-4 March 2016. Professor Rosalind Coucher AM, President, Australian Law Reform Commission and the Hon Philip Cummins AM, Chair, Victorian Law Reform Commission.TranscriptProf Rosalind Croucher AM (RC): Thank you, Phillip, for being such a gracious host and organising such a marvellous conference. It’s such a feast to have …
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Read moreEncroachments on rights, freedoms and privileges
23 Chapters 2 and 3 of the Report lay the foundations for the ALRC’s analysis of laws that encroach on rights, freedoms and privileges. Chapters 4 to 20 each consider one or two of the listed rights, freedoms or privileges in the Terms of Reference. Chapters are grouped around related rights, beginning with a set …
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Read moreLaws that interfere with property rights
19.3 A wide range of Commonwealth laws may be seen as interfering with personal property rights. Grouped into areas, provisions affecting personal property are considered below under the following headings: banking laws;taxation;personal property securities;intellectual property;protection of cultural objects; and search and seizure provisions.19.4 These laws are summarised below. Some of the justifications that have been …
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Read moreJustifications for excluding the privilege against self-incrimination
11.43 The right to claim the privilege against self-incrimination is not absolute and may be removed or diminished by statute.[64] In Hamilton v Oades, the High Court held thatit is well established that Parliament is able to interfere with established common law protections, including the right to refuse to answer questions, the answers to which …
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Read moreJustifications for reversing legal burden
9.36 The following section discusses some of the principles and criteria that may be applied to determine whether a criminal law that reverses the legal burden of proof may be justified.[53]Proportionality9.37 As discussed in Chapter 2, proportionality is, generally speaking, the accepted test in international law for justifying most limitations on rights. The Parliamentary Joint …
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Read moreAppeal from acquittal
8.145 ‘It is a golden rule, of great antiquity, that a person who has been acquitted on a criminal charge should not be tried again on the same charge’.[199] To try a person twice is to place them in danger of conviction twice—to ‘double their jeopardy’. The general principles underlying the double jeopardy rule include:the …
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Read moreJustifications for limits on freedom of association and assembly
6.37 It has long been recognised that laws may be justified in interfering with freedom of association, including to restrict the association of certain classes, groups or organisations of persons who are involved, or likely to be involved, in crime.6.38 Bills of rights allow for limits on most rights, but the limits must generally be …
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Read moreLaws that interfere with freedom of association and assembly
6.58 A wide range of Commonwealth laws may be seen as interfering with freedom of association and freedom of assembly, broadly conceived. Some of these laws impose limits that have long been recognised by the common law, for example, in relation to consorting with criminals and preserving public order. Arguably, such laws do not encroach …
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Read moreLaws that interfere with freedom of speech
4.67 A wide range of Commonwealth laws may be seen as interfering with freedom of speech and expression, broadly conceived. Commonwealth laws prohibit, or render unlawful, speech or expression in many different contexts and include:criminal laws;secrecy laws;privilege and contempt laws;anti-discrimination laws;media, broadcasting and telecommunications laws;information laws; andintellectual property laws.[76]4.68 Some of these laws impose limits …
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Read moreEncroachments on rights, freedoms and privileges
1.23 Chapters 2 and 3 of the Report lay the foundations for the ALRC’s analysis of laws that encroach on rights, freedoms and privileges. Chapters 4 to 20 each consider one or two of the listed rights, freedoms or privileges in the Terms of Reference. Chapters are grouped around related rights, beginning with a set …
Publications
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