16 Oct 2024
Should 16-year-olds be allowed to vote?
For the first time, 16-year-olds in Europe were allowed to vote in the June 2024 election for the European parliament, and they turned out in droves. Where can 16-year-olds vote? Sixteen-year-olds can vote in a number of countries, including Argentina, Austria, Belgium, Brazil, Cuba, Ecuador, Ethiopia, Germany, Malta, Nicaragua and Scotland. Now there is a […]
Read the full story03 Oct 2024
New online defamation defence for publishers “innocently disseminating” third party comments
Changes to online defamation laws in NSW and the ACT came into effect in July 2024. The new law is designed to improve the balance between freedom of speech and the protection of a person’s reputation when someone publishes adverse comments online. “Innocent dissemination” a new defence for online defamation The NSW Defamation Amendment Act […]
Read the full story02 Oct 2024
New “post and boast” law can end in jail
In April 2024 the first person was charged under the new “post and boast” law in NSW, following its announcement in March 2024. The law makes it a crime to boast about committing a crime by filming the act and posting the video on social media. New tough youth crime laws for “post and boast” […]
Read the full story19 Sep 2024
Cultural heritage and colonial history – should Ned Kelly’s descendants have a claim on his story?
The recent Victorian Supreme Court case of Ned Kelly Centre Ltd v Australian Rail Track Corporation [2023] VSC 421 asks the question of whether a familial connection to land is enough to trigger Victoria’s human rights laws to stop the development of a tourist facility. A second question arises: does Australia’s patchwork human rights legislation […]
Read the full story25 Jul 2024
Sperm donors, parental responsibility and financial obligations in NSW
Every year in Australia about 3,000 babies are born as a result of using sperm donors. But there is a shortage of donors, and fertility clinics and IVF providers have appealed for more sperm and egg donors. Laws concerning sperm donors have changed over the years According to the 2021 Victorian Assisted Reproductive Treatment Authority […]
Read the full story27 Jun 2024
Coercive control is now a crime
Coercive control is a frequently hidden form of domestic abuse that includes physical, sexual, psychological, emotional and financial abuse of one individual by another. Figures show coercive control a significant problem The Bureau of Statistics figures on domestic abuse are shocking. One in four women and one in eight men have experienced domestic violence by […]
Read the full story13 Jun 2024
Campaign to explain new sexual consent laws
Surveys have found that half the population of Australia is confused about the new sexual consent laws and men in particular find it difficult to understand exactly when and how to ask for consent. Government campaign to explain legal requirements Now the federal government has launched a $40 million 12-month campaign across media to explain […]
Read the full story10 May 2024
Data collection by landlords – what can they legally ask a tenant?
With cybersecurity breaches on the rise, people are becoming increasingly worried about data collection by companies and wondering how secure their personal information is. Data collection demands from real estate agents As the nationwide shortage of rental properties continues unabated, prospective tenants are facing increasing demands from landlords and their agents for more and more […]
Read the full story05 Mar 2024
Doli incapax and what it means for kids
Doli incapax is Latin for “incapable of evil” and stems from the legal notion that humans can be too young to understand what they are doing is wrong when they commit a crime. Children under ten cannot be found guilty of an offence In Australia children ten years old and younger cannot be found guilty […]
Read the full story17 Jan 2024
Can Border Force search your mobile phone?
Concerns regarding Border Force’s search powers It has been reported that the Australian Border Force searched more than 40,000 mobile phones and other data storage devices of travellers entering the country in just five years. During 2021, border officials demanded passwords to examine 822 mobile phones belonging to people entering the country, sometimes copying data […]
Read the full story28 Nov 2023
Misfeasance in public office and the robodebt debacle
What is misfeasance in public office? The tort of misfeasance – it sounds like an evil spell in Lord of the Rings or Harry Potter, and in a way it’s similar. Misfeasance is a legal term relating to the abuse of power by a person holding public office. Misfeasance and the robodebt scandal The term […]
Read the full story24 Nov 2023
AI-generated deepfake images create bullying danger
Concerns with the use of artificial intelligence on the internet are growing, due to its potential to design powerful toxins, control robo-missiles, perpetuate online scams, spread misinformation and lies, and create AI-generated deepfake imagery and porn. Children exploiting deepfake imagery for bullying Australia’s online safety regulator reports AI-generated sexually explicit imagery and deepfake porn are […]
Read the full story23 Nov 2023
Qantas acted illegally in sacking 1700 ground crew and outsourcing their jobs
The recent unanimous High Court ruling declaring Qantas’s actions illegal in sacking nearly 1700 workers and outsourcing their roles is very significant, although possibly not for the reasons most people might think. Outsourcing as a strategy to avoid industrial action The judgment does not mean employers cannot reduce the size of their workforce by outsourcing […]
Read the full story11 Oct 2023
Court rejects nuclear waste dump after challenge by traditional owners
Coalition government claimed dump site had support of local community When the previous coalition government announced a national nuclear waste dump would be built on a 211-hectare farm near Kimba in South Australia, it proclaimed it had the support of local people. The dump would take low-level radioactive medical waste and temporarily store intermediate-level nuclear […]
Read the full story12 Sep 2023
Traditional Aboriginal fishing in NSW: end to prosecutions long overdue
Indigenous people in New South Wales continue to be targeted and prosecuted under the Fisheries Management Act for participating in traditional Aboriginal fishing practices, leading to disconnection from Country, loss of intergenerational knowledge and adverse health outcomes. Indigenous environmental management practices and cultural traditions Indigenous Australians have managed their lands and waters for millennia, ensuring […]
Read the full story07 Sep 2023
Who is entitled to get bail?
It used to be that everyone had the right to bail, based on the legal assumption that people are entitled to be considered innocent until proven guilty. But over the years the general presumption in favour of bail has been tightened. It can now be refused if the person is arrested for a serious crime, […]
Read the full story17 Aug 2023
I’ve been called up for jury duty. What happens now?
Before you could be called up for jury duty to decide the guilt or innocence of an accused, the fate of the person before the court was usually decided by a priest in the belief that God would intervene on behalf of the innocent. Court trials before juries existed In the past there was no […]
Read the full story19 Jul 2023
Yes, you can speak ill of the dead
For thousands of years we have been told not to speak “evil” of the dead. Some say it dates back to the 6th century BC philosopher Chilon of Sparta, who warned it would harm the deceased’s enjoyment of the afterlife. Mind you, Chilon also said “obey the law”, and Australian law says you certainly can […]
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