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Focus Areas - People in Detention
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 Justice [...]
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 under [...]
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 the [...]
The excessive use of force by police or inhumane treatment of persons in police custody undermines the integrity of a State’s operations. It also breaches the right to life and the right to freedom from torture and cruel, inhuman and degrading treatment (ill-treatment) which are protected by ss 9 and 10 of the Victorian Charter.
The [...]
The Severe Substance Dependence Treatment Bill 2009 (Vic), currently before Victorian Parliament, proposes to introduce short-term involuntary detention and treatment for persons with severe substance dependence in circumstances where it is necessary as a matter of urgency to save a person’s life or prevent serious damage to a person’s health.
The Human Rights Law Resource Centre [...]
The Human Rights Law Resource Centre and Amnesty have made a Joint Submission to the Federal Attorney-General’s National Security Legislation Discussion Paper, which sets out the measures that the Government proposes to take to respond to a number of recent reviews of counter-terror laws.
Amnesty and the HRLRC acknowledge that governments have a duty to protect [...]
On 11 September 2009, eight years after the events of the events of 11 September 2001, the HRLRC made a Submission to the Senate Legal and Constitutional Affairs Committee regarding the Anti-Terrorism Laws Reform Bill 2009 (Cth).
The submission notes that, in those eight years, the Australian Government has introduced 44 pieces of ‘anti terrorism’ legislation. It [...]
On 2 August 2009, the Centre made a Submission to the Senate Legal and Constitutional Affairs Committee on the Migration Amendment (Immigration Reform) Bill 2009.
The Bill is intended to ’implement the Government’s New Directions in Detention policy to increase clarity, fairness and consistency in the way the Minister and the Department of Immigration and Citizenship respond to [...]
In February 2009, the HRLRC made a Submission in response to a Corrections Regulations Exposure Draft 2009 (Vic) released by Corrections Victoria. The current Corrections Regulations 1998 are due to sunset in May 2009. The Proposed Regulations, together with a Regulatory Impact Statement, were released for public comment on 22 January 2009.
The submission addresses aspects of [...]
On 16 May 2008, the Committee against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment issued its Concluding Observations on Australia.
The Concluding Observations included 27 recommendations concerning Australia’s compliance with its obligations under the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment.
The Australian Government has called for submissions from [...]
The Centre has made a Submission to the Senate Legal and Constitutional Committee in support of the Independent Reviewer of Terrorism Laws Bill 2008.
The Centre considers that the operation, effectiveness and implications of terrorism laws should be subject to independent review to ensure that there is transparency in the manner in which those laws are [...]
On 29 May 2008, the Joint Standing Committee on Migration announced an inquiry into immigration detention in Australia.
The Centre’s Submission to the Joint Standing Committee on Migration focuses on the need for Australia’s immigration detention regime to ensure the full implementation of Australia’s obligations under international human rights law.
The Centre congratulates the Australian Government on its proposed reforms [...]
The Corrections Amendment Bill 2008 (Vic) was introduced to Parliament in July 2008. According to s 1 of the Bill, it ‘provides for the creation of prisoner compensation quarantine funds for the purpose of paying into those funds certain damages awarded to prisoners and to provide for the payments out of those funds of certain [...]
In July 2008, the Human Rights Law Resource Centre, together with the PILCH Homeless Persons’ Legal Clinic and the Victorian Association for the Care and Resettlement of Offenders, made a Submission to the Parliament of Victoria Electoral Matters Committee Inquiry into Voter Participation and Informal Voting.
The submission examines and discusses the following issues:
the right to vote as [...]
The Human Rights Law Resource Centre strongly supports Australia’s proposed accession to the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Optional Protocol).
The Optional Protocol establishes a system of regular visits to places of detention by both international and domestic independent expert bodies in order to prevent [...]
The UN Committee Against Torture has issued its Concluding Observations on Australia following a review of Australia’s compliance with the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment at its 40th Session in Geneva in May 2008.
The Human Rights Law Resource Centre prepared a major Report on Australia’s Compliance with the Convention against Torture (April [...]
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 Administrative [...]
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 2008, [...]
In August 2007, the Brumby Government introduced legislation, the Justice Legislation Amendment Bill 2007, which, among other things, provides for:
the interception or censorship of correspondence sent by or to prisoners; and
the use of firearms by prison officers when prisoners are attempting to escape.
The Bill was accompanied by a Statement of Compatibility under the Victorian [...]
On 24 August 2007, the Centre made a Submission to the UN Committee against Torture in response to Draft General Comment No 2.
The Draft General Comment is of significant importance to the normative development of international human rights law.
Although the prohibition against torture is a non-derogable human right and a peremptory norm of customary international [...]
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 of [...]
On 13 February 2007, the Human Rights Law Resource Centre made a submission to the Victorian Sentencing Advisory Council in response to their Discussion and Options Paper, entitled High-Risk Offenders: Post-Sentence Supervision and Detention.
As the Paper identifies, a scheme of post-sentence supervision and detention may be incompatible with or infringe a range of human rights under both [...]
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.
In essence, [...]
On 3 October 2006, the Centre made a submission regarding the relevance of international human rights to the Commonwealth Attorney-General’s review of Australia’s mutual assistance policy and practice. ‘Mutual assistance’ is the formal process that countries use to request or render assistance in the investigation and prosecution of criminal offences.
On 30 March 2006, the Centre [...]
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 paranoid [...]
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 in Support [...]
This submission examines and discusses the Migration Amendment (Designated Unauthorised Arrivals) Bill 2006, particularly so far as it provides for offshore detention of those deemed to be designated unauthorised arrivals, and an alternative method of processing such asylum seekers which does not:
provide them access to legal assistance;
allow for merits review; and
allow for judicial [...]
Attached is a submission by the by the Human Rights Law Resource Centre Ltd (’HRLRC’) to the Senate Finance and Public Administration Legislation Committee Inquiry into the Electoral and Referendum Amendment (Electoral Integrity and Other Measures) Bill 2005.
The HRLRC aims to bring the influence of international human rights norms and principles to bear on domestic [...]
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 [...]
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