Alternative Law Journal

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.

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Implications of the PNG Supreme Court decision on offshore detention

Maria O’Sullivan

Federal

In April 2016, the highest court in Papua New Guinea found (in a unanimous decision) that detention of refugees and asylum seekers in its Australian-funded 'processing' centres is unconstitutional, Namah v Pato [2016] PJSC 13 (26 April 2016). Although the Supreme Court decision is not directly enforceable under Australian law, it will have significant legal and political implications for the continuing operation of Australia's offshore processing centres.

Cite as

(2016) 41(2) AltLJ 135

Category: DUAO - 2016 - Vol 41(2)

Repayment of social security debts

Kate Browne

Federal

The Social Services Legislation Amendment (Enhanced Welfare Payment Integrity) Bill 2016 (Cth) ('the Bill') was introduced into the House of Representatives on 2 March 2016 by the Minister for Social Services and has been under inquiry by the Senate Community Affairs Legislation Committee. The Bill and inquiry have now lapsed as a result of the election being called; however, they may be re-introduced after the election.

Cite as

(2016) 41(2) AltLJ 135

Category: DUAO - 2016 - Vol 41(2)

New Socio-Legal Practice Clinic

Genevieve Bolton

ACT

On 2 May 2016, the Socio-Legal Practice ('SLP') Clinic was launched by Canberra Community Law, in partnership with the Clayton Utz Foundation and the Snow Foundation. The SLP Clinic is an innovative service funded through a combination of government, corporate and philanthropic money. The service combines legal assistance with social work to help vulnerable families overcome legal and non-legal issues that contribute to eviction and homelessness. Andrew Leece from the Snow Foundation in his speech at the launch acknowledged the importance of the SLP clinic in addressing community need through collaborative legal and social work services stating, 'When your home is on the line and you have nowhere else to go for you or your children – it becomes painfully clear that the clinic is a critical service, a last hope, for some in our community.' The SLP Clinic operates at Canberra Community Law on Monday and Tuesday mornings as both an appointment and drop in service. For more information about the SLP Clinic please go to http://www.canberracommunitylaw.org.au.

Cite as

(2016) 41(2) AltLJ 136

Category: DUAO - 2016 - Vol 41(2)

Further curbs to political protest

Kira Levin

New South Wales

The Inclosed Lands Crimes and Law Enforcement Legislation Amendment (Interference) Bill 2016 is the most recent example of the ongoing and cumulative legislative restriction of political protest in Australia. It comes after similar legislative reforms in Western Australia and Tasmania which have attempted to reduce the scope of effective non-violent forms of protest while at the same time privileging the rights of business and mining operations.

Cite as

(2016) 41(2) AltLJ 136

Category: DUAO - 2016 - Vol 41(2)

New offences and increased penalties

Kira Levin

New South Wales

There has been a tenfold increase in the maximum penalty for statutory trespass, which, in effect, elevates business premises above other private premises by providing a much higher penalty for trespass and 'interference'. This approach mirrors the approach taken in anti-protest laws in Western Australia and Tasmania recently, in which interference with business is asserted as a justification for imposing exceptionally heavy penalties for protest actions.

Offences under the Crimes Act 1900 associated with 'interfering with a mine' which are punishable by a maximum of seven years imprisonment have been broadened and amended to include places at which gas or other petroleum operations are being undertaken.

Cite as

(2016) 41(2) AltLJ 136

Category: DUAO - 2016 - Vol 41(2)