In 2009, after receiving a report from prominent Catholic priest Frank Brennan which recommended it, the Rudd Labor government abandoned the quest for a national human rights act. Instead it established a parliamentary human rights committee which came into operation in 2011. But, as one might expect, this committee was dead on arrival. It is a toothless tiger with no capacity to hold governments to account for human rights. It has sat helplessly on the sidelines while governments and parliaments have continued to undermine fundamental rights in this nation. (more…)
Greg Barns
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Israel and Australian law on sanctions. Will we act?
The imposition of sanctions on Israel by the Australian government is a logical step now that Foreign Minister Penny Wong has finally bowed to the inevitable in calling Israel’s West Bank settlements ‘illegal’. As Wong told the federal party caucus yesterday, it was time to “strengthen the government’s objection to settlements by affirming that they are illegal under international law and a significant obstacle to peace”. (more…)
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Attorney-General Symes must uphold integrity of Victorian justice system
The Lawyer X scandal is one of the most outrageous examples of the undermining of the rule of law in Australian legal history. What is at stake here is nothing short of confidence in the legal system in Victoria. The Victorian Attorney-General Jaclyn Symes must step up and ensure the integrity of justice in her state is upheld. (more…)
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Victoria and Lawyer X
There is something deeply troubling about a democracy when its police are able to get away with acting with complete disregard for the rule of law by adopting an ends justifies the means approach. (more…)
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Attorney-Generals criminalising 13 year olds is a national disgrace
The lethargy in lifting the age of criminal responsibility in Australia from 10 to 14 is scandalous given the numbers of vulnerable children caught up in the brutality of the criminal justice system daily. (more…)
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The International Criminal Court’s hypocrisy on Putin
The International Criminal Court’s conduct in the Ukraine-Russia conflict, characterised by unusual alacrity for an international legal institution, is in stark contrast to the feet dragging on alleged war crimes by Israel against the Palestinians in 2014. (more…)
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Who are the ‘gang of five’ pushing Australia to war?
The Age and Sydney Morning Herald have failed to publish, except in the most cursory sense, the current or recent past associations of their gang of five experts who apparently believe Australia could be at war with China in as little as three years. (more…)
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The crisis in youth justice?
If ever we need a federal government to intervene in a human rights crisis in this nation, then it is now. There are almost daily headlines about the appalling abuse of children in detention centres and the preparedness of state governments, and the Northern Territory to cynically and callously play the ‘law and order’ card at the expense of some of the most vulnerable members of our community. (more…)
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Justice Kelly’s speech on racism – a response
Northern Territory Supreme Court Justice Judith Kelly’s widely publicised speech on August 26th delivered to a Women’s Lawyers function in Darwin and which covered racism and family violence in Indigenous communities, delivered to a Women Lawyers, needs a response. (more…)
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Children and the justice system
Only five years after the landmark Royal Commission on Institutional Abuse exposed the shocking abuse of children and young people across this nation over decades, one is tempted to say plus ça change. (more…)
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Greg Barns: Julian Assange and the Albanese Government – Enough is enough!
Now is the time to end a dangerous threat to basic freedoms and the rule of law. The Albanese government has a critical role to play in ensuring that outcome. (more…)
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Time for change – the Attorney General and the AAT
Just before erstwhile Prime Minister Scott Morrison called Saturday’s election Senator Cash shamelessly appointed a number of Liberal and government members and staffers to the AAT where they will earn between around $190,000 to $380,000 a year. There was no attempt to hide this stacking of this quasi judicial body. (more…)
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If I were the Attorney General in the next government I would have three priorities
Is it too much to hope that after the May 21 election we see an AG who energetically pursues three priority initiatives; A treaty with Indigenous Australia and a republic, a national human rights charter, and a substantial reduction in the cost of justice. (more…)
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The new republic model
There were two major reasons the 1999 Republic Referendum, (I ran the Yes case for Malcolm Turnbull and the Australian Republican Movement (ARM)), disappointed those Australians who believe the head of state should by one of us. (more…)
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A refugee deal with NZ after nine years of cruelty
The sickening cynicism of the Morrison government is never far from view. (more…) -
Australian government must intervene on Julian Assange’s behalf
When Australia allows the US’s pursuit of Julian Assange to continue, it tells Australians that it does not care about a free press.
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With campaigns against pandemic mandates the need for a human rights act has never been greater
After a pandemic response that required incursions on some human rights, the threat of governments expanding these powers further is high.
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The US’s assurances on Assange are worthless
Despite the pledge by US lawyers that the WikiLeaks founder could serve his sentence here, Julian Assange could still languish for years in a US prison.
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US continues pursuit of Assange, and Canberra neglects its moral obligation to protect him
Surely the Australian government should leverage the AUKUS pact to save Julian Assange from the US government.
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The plot to murder Julian Assange is being ignored by the mainstream media
The US government reportedly planned to kidnap and murder Julian Assange. And yet the Australian commentariat and media are silent. Why?
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Why the US-led AUKUS security pact leaves Australia exposed
Signing on to a confrontational and provocative strategy to contain China exposes Australians to greater economic and security dangers — and reflects a further loss of independence for Australia.
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IPA’s pick for Human Rights Commissioner undermines independence
Lorraine Finlay’s appointment as Human Rights Commissioner is yet another attack from the Coalition on the commission’s independence.
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Australia continues to ignore as Assange’s trial intensifies
The relentless pursuit by the United States of Australian publisher Julian Assange continues with a legal argument last week about the scope of an appeal hearing in the UK Court of Appeal in October this year. (more…)
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Why we shouldn’t race to mandate vaccination
When governments and health experts call for mandatory vaccination we should be wary. While it is potentially the optimal way to get society moving again and particularly to end the frequency and severity of harmful lockdowns, the requirement for every citizen to have their individual rights trumped by the community interest is a drastic measure in a society supposedly committed to liberal values. (more…)
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Response to Grace Tame: allegations are not a conviction
Earlier this week the Morrison Government announced that Industry Minister Christian Porter would be Acting Leader of the House, a senior parliamentary role, in the absence of Defence Minister Dutton who is in Covid quarantine. Predictably , the decision to temporarily elevate Mr Porter has led to outrage on social media and a highly critical opinion piece by Australian of the Year Grace Tame in the Nine newspapers.
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Key Assange accuser backs away from what he told US prosecutors
Why the reluctance of the Australian media to report on a significant development in the Assange case?
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The misuse of Covid app data by police and others.
There ought also to be heavy penalties and sanctions for the leadership of the police, law enforcement and security agencies when they facilitate or turn a blind eye to, the unlawful gathering of data such as Covid tracing app data. (more…)
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Arrest of Kristo Langker represents gross misuse of resources and threat to our freedom of speech
When politicians in Australia rushed to legislate in the wake of 9/11 and the commencement of the so-called ‘war on terror’, some of us warned that such legislation and the bureaucracy it created would be abused by police. We warned that the sorts of concepts and powers that anti-terror laws spawned would find their way into other areas of social control. (more…)
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Covid in India and racism in Australia
In Australia, since the infamous 2001 Tampa ‘crisis’ the decline of the rule of law, often in the context of playing the race card, has been a disturbing feature of the political landscape. And the decision by the Morrison government to announce that it would use a draconian measure to fine and jail Australians who wish to return from Covid ridden India, marks a new low in that trend. (more…)
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Porter a convenient target for rage but must be accorded fairness
No inquiry could come to any conclusion about the allegations. However, an inquiry that examines the impact of the allegations on the capacity of Christian Porter to hold office as the first law officer and as the person responsible for the administration of justice at the Commonwealth level is required.