Law Report - Full Program Podcast

Britain seeks to overhaul immigration laws as asylum seekers and migrants continue to arrive across the English Channel from France.  How to investigate human rights violations when on-the-ground access becomes impossible? And, the dangers facing human rights investigators in Afghanistan. Guests: Madeline Gleeson, Senior Research Fellow, Andrew & Renata Kaldor Centre for International Refugee Law Daniela Gavshon, Program Director, Truth and Accountability, Public Interest Advocacy Centre Mariam (pseudonym), former human rights investigator in Afghanistan

How could the High Court media defamation ruling affect social media use? And, are changes to NT youth bail laws fit for purpose?

The Commonwealth-funded No Fault COVID-19 Indemnity Scheme aims to compensate for medical expenses and loss of income resulting from an adverse reaction following vaccination.

Should compensation be denied to a passenger in a stolen vehicle who was seriously injured when it crashed? And, a New South Wales Tribunal has ruled that a COVID-19 death can be classified as a work-related injury.

What will the Taliban's return to power in Afghanistan mean for women and human rights?

The Victorian Civil and Administrative Tribunal has found that landlords can evict tenants for non-payment of rent during the big Victorian lockdown of 2020. It's a ruling that could affect thousands of vulnerable renters. And, should doctors, lawyers and other professionals be able to sue someone who posts a negative online review?

As the COVID19 pandemic grips NSW, how do we balance the rights of an individual with those of the broader community? And the Victorian Ombudsman has released a report detailing human rights breaches, many dealing with ensuring compliance with COVID 19 public orders.  

This week, the WA parliament is debating new child protection legislation.  Meanwhile a program called Aboriginal Family Led Decision Making is being piloted. Will new laws and programs reduce the vast over representation of Indigenous children in out-of-home care, currently seventeen times more likely than non-Indigenous children?

In the USA there is a growing number of legal disputes involving employees, consumers and university students who are challenging mandatory vaccination requirements. And new research suggests that virtual reality headsets could help jurors reach fairer verdicts in complex criminal trials.

If you earn a million dollars from selling drugs and are convicted under proceeds of crime legislation, you don’t get to keep it. But what if that conviction is quashed years later? Some of the most notorious figures in the gangland era are heading back to courts to appeal their convictions following the Nicola Gobbo scandal. What happens to the 70 million dollars confiscated? Greg Muller asks, what are the laws around proceeds of crime and are they always fair?    

Climate change is increasingly being raised in courtrooms around the world. The latest was brought by eight Australian school students and a nun who argued that the government owed a duty of care to protect children from the harmful effects of climate change. As journalist Greg Muller reports, climate change is now seen as a legal and financial risk as well as an environmental one.  

Could we soon see the creation of a brand new country immediately to Australia's north? PNG's Prime Minister and the President of the Autonomous Bougainville Government are negotiating Bougainville's future. Also, what are the most important factors that judges weigh up when sentencing sex offenders? And are judges out of touch with community expectations?

The Uluru Statement from the Heart called for a constitutionally enshrined indigenous voice to parliament. In response, the federal government created a co-design process, which produced an interim report outlining what form this voice might take. A new report has found that 90% of the 2500 submissions received following the interim report support constitutional enshrinement.

Can revealing Australia’s security operations ever be in the public interest? A former spy, Witness K received a three-month suspended sentence for revealing the Australian government spied on the Timor Leste government during negotiations over oil and gas resources in the Timor Strait. And, since the 1970s, over 300,000 refugees have settled in Canada under the country’s private sponsorship scheme. Could a similar scheme work in Australia?

Torres Strait's low crime rate, the Muster program

Some countries and states have introduced a Vaccine Passport, to allow more domestic and international movement and businesses to return. What are the technical and legal obstacles to a COVID-19 vaccine passport here in Australia? And in this Pride Month, while the LGBTQI community has a lot to celebrate in Australia, in many countries they face ongoing legal discrimination, even the death penalty.

Former Attorney General Christian Porter has discontinued his defamation litigation against the ABC. And power company AGL is taking Greenpeace to court arguing breach of trademark and copyright. AGL says the activist group should not have used its trademark in a series of parody advertisements that highlights its CO2 emissions.

We speak to the Chair and one of other the four commissioners who will preside over Victoria's ground breaking Yoo-rrook or Justice Commission. And new research has found that local court magistrates are the state-based judicial officers who suffer most from work-related stress.

Many victim survivors of sexual assault say they found giving evidence at trial a harrowing and re-traumatising experience. The Victorian Law Reform Commission is currently conducting an inquiry into ways to improve the responses of the justice system to sexual offences.  

The Federal Court dismissed a challenge to the Morrison government's ban on Australian citizens returning from India. Justice Thawley ruled that the government was acting within its powers under the Biosecurity Act 2015. And should professional sports people be able to continue playing when facing serious criminal charges?