: DownUnderAllOver

DownUnderAllOver

DownUnderAllOver

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.

View archives

National chaplains in schools program: 
Watch this space

Renae Barker
Federal

In January 2010 Ronald Williams, a Queensland father, instigated proceedings in the High Court challenging the National School Chaplaincy Program (‘NSCP’) [Williams v Commonwealth of Australia and Ors]. The NSCP was started in 2007 under the Howard government to ‘support schools to establish or expand chaplaincy services.’

Mr Williams is challenging the NSCP on two constitutional grounds: first that the granting of funds for chaplaincy is outside the executive’s power, and second that the qualifications for the position of chaplains imposes a religious test for office contra to section 116 of the Constitution.

(2011) 36(3) AltLJ 205

Read more...

Community input on Economic, Social and 
Cultural Rights

Katharine Young
ACT

The ACT government is currently preparing a response to the question of including economic, social and cultural rights in the list of recognised human rights in the ACT Human Rights Act 2004 (ACT). The Attorney-General tabled the ACT Economic, Social and Cultural Rights (‘ESCR’) Project Report in the Legislative Assembly on 9 December 2010. The report’s primary recommendation was that particular economic, social and cultural rights, including the rights to health care, housing, education, work and cultural life, should be included in human rights legislation in the ACT. The ACT would be the first state or territory in Australia to legislate explicitly for such rights.

(2011) 36(3) AltLJ 206

Read more...

Rental housing standards

Deb Pippen
ACT

In April the ACT Greens tabled the Exposure Draft of the Residential Tenancies Act (Minimum Standards) Amendment Bill 2011 (http://www.legislation.act.gov.au/ed/db_41272/default.asp). The Bill sets specific minimum standards for security, energy and water efficiency, as well as providing the platform for the regulation of additional areas.

(2011) 36(3) AltLJ 206

Read more...

Needles and syringes in gaol? Ask the prisoners

Stefanie Schweiger
ACT

At security checkpoint 2 of the Alexander Maconochie Centre (‘AMC’, the ACT gaol), I was asked by a prison officer if I support the implementation of a needle syringe program (‘NSP’) into the AMC, and if the answer was no, could I please add my signature to the officers’ petition.

The Public Health Association of Australia (‘PHAA’) was commissioned by the ACT government to engage in, investigate and report on models for the implementation of an NSP at the AMC. Its report, Balancing Access and Safety: Meeting the challenge of blood borne viruses in prison, was released on 19 July. In the report the PHAA recommends legislative changes to assist the implementation of a needle and syringe program in the AMC; establishing clear rules and procedures; designing an implementation plan to ensure optimal health and safety outcomes for prison staff, the broader community, and prisoners; and providing supportive measures such as an Aboriginal Health Worker for the NSP, secure syringe disposal bins, and monitoring developments in retractable syringe technology.

(2011) 36(3) AltLJ 207

Read more...

Bail Review (NSW) 2011

Lesley Townsley
New South Wales

In 2010 the Labor government in NSW released an exposure draft of the Bail Bill 2010 and the Review of the Bail Act 1978. This Bill included some significant changes to the current law, such as the removal of the s 32 criteria to be considered in bail applications. In its place a restrictive objects clause was drafted, which did not make any mention of the interests of an accused. In relation to this there were several submissions on the exposure draft expressing concern or criticism over these proposed changes.

(2011) 36(3) AltLJ 207

Read more...

You are here: Home News & Views DownUnderAllOver

Keep in Touch

Twitter Icon
Follow Alt Law Journal on Facebook

Sponsors

Monash University Logo