Focus Areas - People in Detention

Landmark Supreme Court Decision on Right to Humane Treatment in Detention and Prisoner Access to Healthcare (13 July 2010)

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 [...]

Refugee Rights: Processing Suspension Breaches International and Domestic Human Rights Law (23 May 2010)

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 [...]

Supreme Court Orders Speedy Trial to Determine Prisoner’s Eligibility to Access IVF Treatment under Victorian Charter (5 May 2010)

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 [...]

Police and Human Rights: Submission on Victoria’s Integrity and Anti-Corruption System (March 2010)

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 [...]

Human Rights Safeguards Needed under Severe Substance Dependence Treatment Bill (Jan 2010)

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 [...]

Counter-Terrorism and Human Rights: Submission to National Security Legislation Review (Oct 2009)

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 [...]

Counter-Terrorism: Submission on Anti-Terrorism Laws Reform Bill (Sept 2009)

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 [...]

Refugee Rights: Submission to Inquiry into Immigration Detention (Aug 2009)

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 [...]

Prisoners’ Rights: Submission on draft Corrections Regulations 2009 (Vic) (Feb 2009)

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 [...]

CAT: Implementation of Recommendations of UN Committee against Torture on Australia (Sept 2008)

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 [...]

Counter-Terrorism: Submission to Independent Reviewer of Terrorism Laws Bill (Sep 2008)

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 [...]

Refugee Rights: Submission to Inquiry into Immigration Detention (Aug 2008)

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 [...]

Prisoners’ Rights: Submission on Corrections Compensation Bill (Aug 2008)

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 [...]

Voting Rights: Enfranchising People Experiencing Homelessness and Imprisonment (July 2008)

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 [...]

Torture: Submission to National Interest Analysis on Ratification OP-CAT (July 2008)

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 [...]

CAT: UN Committee Against Torture’s Concluding Observations on Australia (May 2008)

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 [...]

Prisoners’ Rights: Western Suburbs Legal Service v Dept of Justice – FoI Application regarding Prison Administration (Feb 2008)

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 [...]

Counter-Terrorism: David Hicks – Relevance of Human Rights to Control Order Conditions (Feb 2008)

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, [...]

Prisoners’ Rights: Use of Force and the Interception and Censorship of Correspondence (Sept 2007)

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 [...]

CAT: Submission to UN Committee Against Torture in response to Draft General Comment No 2 (Aug 2007)

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 [...]

Prisoners’ Rights: Roach v AEC and Commonwealth of Australia – Prisoners and the Right to Vote (Aug 2007)

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 [...]

Prisoners’ Rights: ‘High-Risk Offenders’ – Submission on Post-Sentence Supervision and Detention (Feb 2007)

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 [...]

Counter-Terrorism: David Hicks – Opinion on Legality of Trial before Guantanamo Military Commission (Nov 2006)

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, [...]

Torture: Review of Australia’s Mutual Assistance and Extradition Law and Practice (March and Oct 2006)

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 [...]

Mental Health: Michael David Jones v R – Relevance of Human Rights to Sentencing of Prisoner with Mental Illness (Oct 2006)

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 [...]

Counter-Terrorism: Request for Urgent Action from UN re Conditions of Unconvicted Remand Prisoners (Aug 2006)

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, [...]

Counter-Terrorism: Joseph Thomas v The Queen – Amicus Application (July 2006)

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 [...]

Refugee Rights: Offshore Processing of Refugees (May 2006)

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 [...]

Prisoners’ Rights: Prisoners and the Right to Vote (March 2006)

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 [...]

Refugee Rights: Taha v Australia – Individual Communication to UN Human Rights Committee (Dec 2005)

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 [...]