: DUAO - Vol 37(4)

DUAO - 2012 - Vol 37(4)

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Developments around the country

DownUnderAllOver is a round-up of legal news from both State and federal jurisdictions, and contains topical articles and short pieces from Alternative Law Journal committees around the country.

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Treatment of disabled resident was cruel 
and degrading

Gudrun Dewey

Two recent decisions highlight the type of conduct that will amount to cruel, inhuman and degrading treatment and put a spotlight on the requirement in the Victorian public sector Code of Conduct for all employees to respect and promote the human rights set out in the Charter of Human Rights and Responsibilities Act 2006 (‘Charter’).

(2012) 37(4) AltLJ 291


Legislation best way to ensure equal access 
to youth diversion programs

Tiffany Overall

The weight of evidence suggests that diversion at early stages of the criminal justice process can be a highly effective means of discouraging further criminal activity by children and young people. Diversion helps them get on with their lives, not be shadowed by past criminal behaviour and a criminal record, and be linked up with support services like counselling, drug treatment and family mediation.

(2012) 37(4) AltLJ 291


Journalist shield laws

Ernest Chua
Western Australia

The Western Australian parliament has passed the Evidence and Public Interest Disclosure Legislation Amendment Act 2012 (WA) (‘the Act’) which includes what have been generally been described as journalist shield laws. The Act will amend the Evidence Act 1906 (WA) to provide some protection for an informant’s identity disclosed to journalists and other confidential information provided to people including journalists.

(2012) 37(4) AltLJ 292


Prison for Indigenous inmates to open

Alice Drury
Western Australia

West Kimberley Regional Prison (‘WKRP’) in north WA is complete, and was officially opened on 1 November 2012. 
The prison, located near Derby, is the first in Australia designed specifically for Indigenous inmates, in accordance with five guiding principles which support the Kimberley Custodial Plan:

  • respect for Indigenous prisoners' responsibilities under traditional law and culture;
  • recognition of Indigenous prisoners' connection to country, including custodial rights and interests over land, sea and waterways;
  • recognition of kinship and family responsibilities of Indigenous prisoners;
  • acknowledgment of the responsibilities that Indigenous people have to address social and economic issues affecting their community; and that
  • location of new custodial facilities to be close to Indigenous prisoners' land and family.
(2012) 37(4) AltLJ 292


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