Castan Centre for Human Rights Law

Tag: Adam Fletcher

  • 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…

  • 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…

  • 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…

  • 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…

  • Injunction against the Government’s Malaysian ‘Arrangement’

    By Adam Fletcher Yesterday (8 August 2011), a single judge of the High Court (Justice Hayne) granted interlocutory relief (an injunction) in the case of Shah & Ors v Minister for Immigration and Citizenship & Anor.  This interim measure prevents the Commonwealth Government from removing the first group of 16 asylum seekers from Christmas Island…

  • Trial by media takes on a whole new meaning in Victoria

    By Adam Fletcher What is the point of a criminal justice system? This may seem to be a rhetorical question, but Australians are clearly divided over the answer. On 27 July this year, Victorian Attorney-General Robert Clark announced a survey in which “all Victorians are invited to have their say on sentencing.” The Attorney-General says…