| |
|
|
Casework And Litigation
In a landmark decision, the High Court of Australia has upheld the validity, operation and importance of Victoria’s Charter of Human Rights. In the case of Momcilovic v The Queen & Ors [2011] HCA 34 (8 September 2011), the High Court held that the Charter protects fundamental human rights and maintains parliamentary sovereignty. By a [...]
In a landmark decision, the United Nations Human Rights Committee has held that Australia violated the human rights of a permanent resident, and breached its international legal obligations, by cancelling his visa and deporting him to Sweden. Stefan Nystrom was deported from Australia on 29 December 2006 after the government cancelled his visa on the [...]
A new approach is needed for how Victoria Police handle confrontation with young people in crisis and investigations into serious police violence need to be independently conducted, the Human Rights Law Resource Centre said.
The HRLRC recently made submissions on the correct approach to the application of the Charter of Human Rights and Responsibilities Act 2006 (Vic) in the High Court of Australia. The appeal from the decision of the Court of Appeal of the Supreme Court of Victoria in R v Momcilovic (2010) 265 ALR 751, was heard in [...]
On 19 October 2010, the coronial inquest began into the death of 15 year old Tyler Cassidy, who was shot by Victoria Police in December 2008. The Human Rights Law Resource Centre has intervened to provide the Coroner with assistance on the relevance of the Victorian Charter to the proceeding. The HRLRC’s submissions in the proceeding [...]
On 6 September 2010, the Human Rights Law Resource Centre filed an application for leave to make submissions to the Victorian Court of Appeal in the matter of Director of Housing v Sudi. The matter is an appeal from the decision of Bell J, sitting as President of VCAT, in Director of Housing v Sudi [2010] [...]
In an historic decision, the High Court has struck down legislation which resulted in the early close of the electoral rolls and denied over 100,000 Australians the right to vote. The decision is a landmark victory for representative democracy, political participation and accountable government. The case was a constitutional challenge to the validity of changes to [...]
On 23 July 2010, the HRLRC and GetUp! announced proposed action in the High Court of Australia to promote and protect voting rights for disadvantaged groups. The case is a constitutional challenge to the validity of changes to the Commonwealth Electoral Act 1918 made by the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) [...]
Castles v Secretary to the Department of Justice [2010] VSC 310 (9 July 2010) On 9 July 2010, the Supreme Court of Victoria found that the plaintiff, Kimberley Castles, is entitled under s 47(1)(f) of the Corrections Act 1986 to undergo IVF treatment. The finding overturns a decision by the Secretary of the Department of [...]
The Human Rights Law Resource Centre has published a Joint Memorandum of Advice from three leading barristers (Debbie Mortimer SC, Chris Horan and Kathleen Foley) in relation to the lawfulness of the suspension of the processing of asylum claims made by Sri Lankan and Afghan nationals. The detailed opinion concludes that the Australian Government’s policy is unlawful [...]
Castles v Secretary of the Department of Justice & Ors [2010] VSC 181 (4 May 2010) The Supreme Court of Victoria has rejected an application by a female prisoner for an injunction restraining the Secretary of the Department of Justice from refusing to grant the permits and approvals necessary to access IVF treatment, contrary to [...]
In a landmark decision, R v Momcilovic [2010] VSCA 50 (17 March 2010), the Victorian Court of Appeal has unanimously held that: s 32(1) of the Charter is not a ‘special’ rule of statutory interpretation, but rather a statutory directive that requires all persons engaged in the task of statutory interpretation to ‘explore all possible [...]
In November 2008, the Centre was granted leave to appear as amicus curiae in a matter concerning the meaning of ‘public authority’ under the Victorian Charter. This is a question of great significance, as it is public authorities who are bound to act compatibly with and give proper consideration to human rights. The issue arose [...]
The UN Committee on the Elimination of Racial Discrimination (‘CERD’) has requested that the Australian Government take urgent action to ensure that the Northern Territory Intervention complies with Australia’s obligations under the Convention on the Elimination of All Forms of Racial Discrimination. In an Urgent Action Letter to Australia dated 13 March 2009, the [...]
Centre Granted Leave to Appear as Amicus Curiae in Victorian Court of Appeal On 22 July, the Centre was granted leave to appear and was heard as amicus curiae in the Victorian Court of Appeal in the matter of Momcilovic v R. The matter concerns the application of the Charter and the interpretation of s 5 [...]
Centre Granted Leave to Appear as Amicus Curiae in Right to Life Test Case On 17 June, the Centre was granted leave to appear as amicus curiae in the Victorian Supreme Court in the matter of Chief Commissioner of Police v Bryant (in his capacity as Coroner). The case concerned a coronial inquest into the [...]
VCAT Makes Declaration of Breach of Human Rights in Major Charter Test Case On 23 April 2009, Justice Bell, President of the Victorian Civil and Administrative Tribunal, handed down a much anticipated decision which discussed in detail important aspects of the application and operation of the Charter. The case concerned the compulsory medical treatment of [...]
On 6 February 2008, the Centre’s Director, Phil Lynch, gave evidence as an expert witness in support of a Freedom of Information application for access to a report prepared by the Corrections Inspectorate regarding separation orders and high security and management units in Victorian prisons. The matter is being heard in the Victorian Civil and [...]
In conjunction with Brian Walters SC, Neil McAteer of Counsel and Allens Arthur Robinson, the Centre prepared a Note on the Relevance of International Human Rights to Control Order Conditions in the case of David Hicks. The Note was used by Counsel for Mr Hicks in submissions to the Federal Magistrates’ Court on 18 February [...]
On 5 March 2007, the Centre commenced legal action in the High Court to challenge the constitutionality of legislation which removed the right of all sentenced prisoners to vote in federal elections. The plaintiff in the matter was Vickie Roach, an Aboriginal prsioner at the Dame Phyllis Frost Centre in Deer Park. The defendants were the Commonwealth [...]
The Human Rights Law Resource Centre acts for Stefan Nystrom, Britt Nystrom and Annette Turner. Stefan Nystrom was born in 1973 and, until very recently, had lived permanently in Australia since he was 27 days old. He is a Swedish citizen but has no relevant ties to Sweden or any State other than Australia. On [...]
Report to and Request for Action from UN Special Rapporteurs From 31 July to 16 August 2006, the UN Special Rapporteur on the Right to Adequate Housing conducted an official country visit to Australia. In his Preliminary Observations regarding implementation of the right to adequate housing, the Special Rapporteur noted that there is a ‘serious, [...]
On 30 November 2006, the Human Rights Law Resource Centre, on behalf of the Aboriginal and Torres Strait Islanders Legal Services Network, the Castan Centre for Human Rights, the Foundation for Aboriginal and Islander Research and Action, the Human Rights Law Resource Centre, the National Association of Community Legal Centres Human Rights Network, the North [...]
Urging or Supporting Unfair Trial of David Hicks may Constitute a War Crime In November 2006, a group of eminent Australian lawyers prepared an Opinion about the continued detention of David Hicks in Guantanamo Bay and his proposed trial by a Military Commission. The Opinion has potentially alarming implications for the Federal Government and its Ministers. [...]
On 19 October 2006, in conjunction with Victoria Legal Aid and Chris Boyce of Counsel, the Centre made submissions to the Victorian Court of Appeal in an appeal against sentence. The submissions pertained to the relevance of international human rights standards to the sentencing of a person with a mental illnedd. MDJ was diagnosed with chronic [...]
On 3 August 2006, the Human Rights Law Resource Centre wrote to various UN Special Rapporteurs in relation to the situation of Mr Amer Haddara, Mr Shane Kent, Mr Izzydeen Attik, Mr Fadal Sayadi, Mr Abdullah Merhi, Mr Ahmed Raad, Mr Ezzit Raad, Mr Hany Taha, Mr Aimen Joud, Mr Shoue Hammoud, Mr Majed Raad, [...]
On 3 July 2006, the HRLRC filed an affidavit and submissions in support of an application for leave to appear as amicus curiae in the Victorian Court of Appeal in case of Joseph Thomas v The Queen. Attached are the following documents: Affidavit of Philip Lynch; Summary Outline of Proposed Substantive Submissions; Outline of Proposed Submissions [...]
This Communication to the UN Human Rights Committee under the First Optional Protocol to the International Covenant on Civil and Political Rights was prepared and submitted by the Public Interest Law Clearing House (Vic) on behalf of an asylum seeker alleging violations of the right to freedom from torture pursuant to art 7 and the [...]
|
|
|
|
