2006

Capital Property Projects (ACT) Pty Ltd v Planning and Land Authority [2006] ACTSC 122 (15 December 2006)

The ACT Supreme Court has recently considered the application of s 30(1) of the Human Rights Act 2004 (ACT), which provides that, ‘In working out the meaning of a Territory law, an interpretation that is consistent with human rights is as far as possible to be preferred.’  The Victorian Charter of Human Rights and Responsibilities [...]

Holomiov v Moldova [2006] ECHR 30649/05 (7 November 2006)

The European Court of Human Rights has found a violation of art 3 (prohibition of inhuman or degrading treatment) of the European Convention on Human Rights on account of the authorities’ failure to provide a prisoner with medical care appropriate to his conditions. Detailed case note.

Danyal Shafiq v Australia, CCPR/C/88/D/1324/2004 (13 November 2006)

On 13 November 2006, the UN Human Rights Committee further elaborated on what constitutes arbitrary detention for the purposes of art 9(1) of the ICCPR, finding that there must be ‘appropriate justification’ for continued mandatory detention in light of the circumstances of the particular case.  It further re-affirmed its view that, pursuant to art 9(4), [...]

Hanan Al-Rawahi v Mohammad Ali Niazi [2006] ACTSC 84 (15 September 2006)

The ACT Supreme Court has recently considered the relevance of the right to a fair trial under s 21 of the Human Rights Act 2004 (ACT) to the extension of time limits in civil proceedings. Detailed case note.

TSL v Secretary to the Department of Justice [2006] VSCA (26 September 2006)

Extended supervision of convicted sex offender – Limitations on human rights under s 7 Detailed case note. The full text decision is available at http://www.austlii.edu.au/au/cases/vic/VSCA/2006/199.html.

Coleman v Australia, HRC, Communication No 1157/2003, UN Doc CCPR/C/87/D/1157/2003 (10 August 2006)

In this decision, the UN Human Rights Committee found Australia in breach of the right to freedom of expression and commented on the human rights implementation obligations of States and Territories. Detailed case note.

D and E v Australia, HRC, Communication No 1050/2002, UN Doc CCPR/C/87/D/1050/2002 (25 July 2006)

This decision of the UN Human Rights Committee concerns Australia’s policy of mandatory immigration detention. Detailed case note.

Perovic v CW, No CH 05/1046, ACT Children’s Court, Unreported (1 June 2006)

This case concerned the right of a child to a fair trial without unreasonable delay under the Human Rights Act 2004 (ACT).  After considering jurisprudence from the European Court of Human Rights, the Magistrate held that there had been an unreasonable delay contrary to the human right enshrined in the Act and ordered a permanent [...]

Brough v Australia (UN Human Rights Committee, Communication No 1184/2003)

In March 2006, the UN Human Rights Committee (‘HRC’) published a landmark finding concerning alleged breaches of articles 2(3) (right to an effective remedy), 7 (right to freedom from cruel, inhuman or degrading treatment or punishment), 10 (rights of persons deprived of their liberty) and 24 (right to adequate protection for children) of the International [...]