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The Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011
Last Friday (16 September), the Government released an exposure draft of the Migration Legislation Amendment (Offshore Processing and Other Measures) Bill 2011 to “give effect to its commitment to restore power to the executive enabling the removal of irregular maritime arrivals for third country processing.” The ‘purposes’ section of the Migration Act 1958, which this…
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SARC wants to keep Victorian Charter – so long as it’s not a Charter anymore
by Sarah Joseph On 14 September, the Scrutiny of Acts and Regulations Committee (SARC) of the Victorian Parliament delivered its review of the state’s Charter of Human Rights and Responsibilities. While SARC does not recommend repealing the Charter, the profoundly disappointing report includes a recommendation that the Charter be gutted so as to deprive it…
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The SARC review of the Victorian Charter of Rights and Responsibilities – profoundly disappointing
by Sarah Joseph, Julie Debeljak and Adam Fletcher The Scrutiny of Acts and Regulations Committee of the Victorian Parliament today tabled its report after a review of the Victorian Charter of Human Rights and Responsibilities Act 2006. In essence, the majority of the Committee recommends stripping most of the operative provisions from the Charter, leaving…
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A Right to Privacy in Australia
On 21 July this year, the Minister for Privacy,[1] Brendan O’Connor, announced that the Federal Government would seek the public’s views on introducing a right to privacy in Australia. A background paper is to be issued, “canvassing the prospect of introducing a statutory cause of action for serious invasions of privacy.” For now, the closest…
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Denying gay marriage only hurts the children
By Paula Gerber The Convention on the Rights of the Child is a treaty that enjoys almost universal support, having been ratified by 193 countries, including Australia. It provides that in all actions concerning children, the best interests of the child must be a primary consideration. Contrary to Nicholas Tonti-Filippini’s assertion on this page yesterday,…
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Malaysian Arrangement Dead in the Water – Time to End of Offshore Processing
On Wednesday the High Court of Australia followed up its injunction (see below) with a 6-1 judgment against the Gillard Government’s arrangement with Malaysia to swap asylum seekers for processed refugees. The Court reminded the Government (and anyone else who cared to pay attention) that the Migration Act 1958 (Cth) actually implements the 1951 Convention…
Castan Centre for Human Rights Law 