s26 – Right Not to be Tried or Punished More Than Once

Psychology Board of Australia v Ildiri (Occupational and Business Regulation) [2011] VCAT 1036 (14 June 2011)

When will disciplinary action constitute a ‘punishment’? Psychology Board of Australia v Ildiri (Occupational and Business Regulation) [2011] VCAT 1036 (14 June 2011) Summary The Victorian Civil and Administrative Tribunal (VCAT) has held that deregistering a practitioner for unprofessional conduct under the Health Professions Registration Act 2005 (Vic) is not punishment and therefore does not [...]

Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010)

Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010) Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010) The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, [...]

Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010)

Post-Sentence Detention Incompatible with Prohibition against Arbitrary Detention Fardon v Australia, UN Doc CCPR/C/98/D/1629/2007 (12 April 2010) Tillman v Australia, UN Doc CCPR/C/98/D/1635/2007 (12 April 2010) The UN Human Rights Committee has held that the post-sentence detention of two men convicted of sexual offences, Kenneth Tillman in New South Wales and Robert Fardon in Queensland, [...]

Z v Dental Complaints Assessment Committee [2008] NZSC 55 (25 July 2008)

This case involved a dentist who was criminally charged with the indecent assault of three patients. He was acquitted of these charges but was then subjected to professional disciplinary action.  The dentist claimed that the subsequent charges by the Dental Complaints Assessment Committee were contrary to the common law principle against double jeopardy and in [...]

Swain v Department of Infrastructure (General) [2008] VCAT 848 (9 May 2008)

The Victorian Civil and Administrative Tribunal has held that a government authority’s refusal to issue a commercial driver’s licence on the basis of the applicant’s history of insurance fraud did not engage the applicant’s right to freedom from double punishment under s 26 of the Victorian Charter. However, on the facts, the applicant was nevertheless [...]