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Crime Prevention Orders

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July 28, 2016

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New alleged crime prevention measures could seriously impact individual freedoms, according to the NSW Law Society and NSW Bar Association. The Crimes (Serious Crime Prevention Orders) Act and the Criminal Legislation Amendment (Organised Crime and Public Safety) Act 2016 came into force in early May 2016. A Serious Crime Prevention Order can be issued against a broad range of individuals. These could seriously impact individual freedoms. The other Act allows the police to issue Public Safety Orders against individuals, or classes of people, which prohibit them from being at specified premises […]


Double Jeopardy Reforms

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July 25, 2016

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If you have ever seen the 1999 thriller ‘Double Jeopardy’ you may have an idea what is meant by the principle double-jeopardy. For those who are not Tommy Lee Jones fans, double jeopardy is the well-known legal principal that provides that no-one may be tried twice for an offence for which they have already been acquitted. Of course the movie has used some poetic licence for dramatic effect, but the basic principle that one cannot be tried twice for the same crime remains the same, and has done for centuries across […]


Match Fixing

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July 15, 2016

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The NSW Organised Crime Squad has recently released a media statement that they are investigating Manly Sea Eagles Football Club for match fixing. Unfortunately, match fixing has been prevalent in many sports and this is not the first time clubs in Australia are facing such allegations. Only as recently as January 2016 were professional tennis players thrust into the spotlight for alleged match fixing at the Australian Open. Back in 2012, the “Crimes Amendment (Cheating at Gambling) Bill” was passed and accordingly “Part 4ACA – Cheating at Gambling” was inserted into […]


Roger Rogerson and Glenn McNamara’s trial has ended with verdicts of guilty.

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July 11, 2016

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Roger Rogerson and Glenn McNamara’s trial has ended with verdicts of guilty. This high profile trial had been before the Supreme Court for a significant time. A first trial was aborted last year in peculiar circumstances, and suppression orders forbade reporting of the reasons why. A verdict having now been reached, those circumstances can be revealed. According to the Sydney Morning Herald, the presiding judge discharged the first jury after McNamara’s barrister made reference to Rogerson being involved in “killing two or three people” whilst he was a member of the […]


Mandatory Voting

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July 7, 2016

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Australia remains one of the few modern democracies that still legally requires that all citizens vote at elections. There are complicated social and political arguments for and against this. These range from fundamental questions about the meaning of democracy, to consideration of the consequences for the humble election sausage sizzle. What is interesting is the enforcement framework behind these laws. After an election, the Australia Electoral Commission contacts each person whose name was not marked off on the roll as having voted. Those people are invited to provide a “valid and […]


ACT Intensive Diversion Program

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July 4, 2016

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While many Australian States’ and Territories’ politicians continue to engage in legislative law-and-order auctions, it is refreshing to see one jurisdiction holding out. The ACT, notwithstanding that it is going to an election in October this year, has just introduced a program that hopes to break the offending cycle, but not by the blunt instrument of ever-longer mandatory sentences. ACT Attorney-General Simon Corbell, who is not standing for re-election in October, has unveiled a new program that aims to reduce recidivism among young offenders and engage youths who are considered at-risk […]

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