The mechanisms of the Sydney lockout laws include courts and parliament. The role of the courts is to interpret and apply law enacted by parliament. Former High Court Judge, Ian Callinan, is said to provide an open assessment on the Sydney lockout laws. He is to advise the NSW Government on the effectiveness of the laws and to publish a report on the outcomes as referred to in the article “Sydney lockout laws review to be headed by former High Court judge Ian Callinan QC” (ABC News. February 11th, 2016). “Mr. Callinan’s job will be to compile all that and make the appropriate recommendations to Government” NSW Police Minister Troy Grant said.
Another mechanism of the Sydney lockout laws involves the NSW parliaments. The role of parliaments
Indefinite detention is an extremely controversial issue consisting of valid arguments on both sides of the debate; however, Queensland’s Dangerous Prisoners (Sex Offenders) Act 2003, including the amendment made to it in 2009 and part 10 of the Penalties and Sentences act 1992 (Qld) all provide a desirable outcome. These laws are scrutinized by many but evidently all contribute to the equitable way that this system functions. Although on the face of it, indefinitely detaining a prisoner may be perceived by some as infringing the fundamental rules of law, in reality extensive measures are taken through the legislative processes of these laws to ensure that a just decision is made in respects to the continuation of a detention order. By doing
Case 1 is an appeal to the conviction rendered by District Court Judge Bradley on
The reforms passed in January 2014 to the NSW Liquor Act aimed to reduce the amount of alcohol-fuelled violence in the Sydney CBD and Kings Cross entertainment districts. The reforms have created new curfew laws in effect for the outlined regions, this curfew restricts the consumption and sale of alcohol, as well as entry into clubs & bars.
The Australian Criminal Justice system has an intricate and diverse structure that makes it one of the most unique systems in the world. The Commonwealth of Australia was approved by the British Parliament in 1900 and came into existence on January 1, 1901. The federal constitution combined British and American practices, with a parliamentary government, but with two houses - the popularly elected House of Representatives and Senate representing the former colonies. This began the start of a new era of policing. (Findlay, Odgers, Yeo). The Commonwealth of Australia is a federalist government composed of a national government and six State governments. There are nine different criminal justice systems in Australia - six states, two territories, and one federal. The eight States and Territories have powers to enact their own criminal law, while the Commonwealth has powers to enact laws. Criminal law is administered principally through the federal, State and Territory police. (Chappell, Wilson, Heaton). In this essay an in depth analysis of the Australian criminal justice system will be given, along with a comparison to the United States criminal justice system throughout the essay. As well as an evaluation of the effectiveness of the system and finally a brief summary of how the Australian criminal justice system structure could be improved to better suit the evolving society. Australia has a complex and very intuitive system of policing that
Vickie Lee Roach was a prisoner whose ability to vote had been taken away by Commonwealth legislation. She argued that the legislation breached her constitutional rights and argued her case in the High Court. Roach’s disqualification from voting violated both the Australian Constitution’s requirement that parliament be “directly chosen by the people” (s7 and s24) and the Constitution’s implied freedom of political communication. The constitutional phrase ‘the people’ was intended to be as broad
The Law Enforcement Powers and Responsibilities Act 2002 (NSW) (commonly abbreviated as LEPRA), is a piece of legislation which was introduced into the State of New South Wales in response to the Wood Royal Commission enquiry into NSW Police. The Commission identified that there was a strong reliance on the common law in relation to the powers of law enforcement officers, and recommended that there was enough desirability to have these powers (and as a consequence the rights of ordinary citizens) more clearly defined via statute to protect both parties interests . These recommendations were made in an effort to better achieve social justice, and to ensure that there was a sufficient balance between what the police can legally do, and what
I: It underlined Parliament’s centrality to the law and the government of the
Within this report, you shall find a discussion on what ways that current lock out laws have effected and/or been a detrimental factor to a decline of live music with the Sydney CBD. You will also find whether it has effected businesses, the slight changed in social views and if there are any current developments regarding changes with the current laws.
It is widely recognised that Australia’s System of decision making in the court is in need of significant reform, if the nation’s present and future need for fair justice is to be met.
The second point of contention with this bill arose out of concerns with the power granted to the security. More specifically Andrew Swan is concerned with the re-entry of barred persons, questioning if there will be an appeal process to regain entry via an independent third party, “[I]t's her intention that there be no other objective look or appeal process” (Hansard, 22 Mar 2017, p. 902). This essentially is a concern about the amount of discretion given to the officers, as it could be misused, and people may be barred based on prejudices some security officers may have, “[The Minister of Justice] is conflating the idea of security with the ability to simply prevent someone from being able to be there.” (Hansard, 22 Mar 2017, p. 903).
The Australian Constitution is a rich amalgam of various classical political principles. The concepts of the Rule of Law and the doctrine of the Separation of Powers evident in Montesquieu’s Spirit of the Laws are both salient examples of political theses that are central to Australian Constitutional Law. The structure of the Constitution itself and decisions of the High Court of Australia unequivocally validate the entrenchment of the doctrine separation of powers in the Commonwealth Constitution . In particular, the High Court has applied this with relative rigour with respect to the separation of judicial power. The separation of the judicial power is fundamentally critical to upholding the rule of law. The High Court in Wilson v Minister for Aboriginal Affairs noted that “the separation of the judicial function…advances two constitutional objectives: the guarantee of liberty and, to that end, the independence of Chapter III judges” . Kitto J in R v Davidson also identified that the judiciary should be subject to no other authority but the law itself . This is a critical aspect ensuring the concept of legal equality is upheld. Therefore, its role clearly extends to providing checks and balances on the exercise of power by the legislative and executive arms of government . This ensures the liberty of the law and limits the abuse of the judicial system. Judicial Power is defined as “the power which every sovereign must of necessity have to decide between its subjects
Preventative Detention Orders serve as a viable alternatives to judicial trials, by allowing Police to ‘detain or restrict the movement of individuals without charge or conviction’. External reviews of PDO’s by the Law Council of Australia has deemed these measures ‘justifiably balance security and civil liberties’ by prioritizing community safety over the presumed innocence of terror
Is our NSW court system effective? It is if you have money. Is it something that we can just adhere to with out ever allowing it to adapt and evolve to meet societies needs? Absolutely not. Just like humanity, the NSW court system contains protruding faults that are made apparent with further scrutiny. The court system is something that requires our constant attention and support to improve and advance. In order for the court system to attain eligibility it relies heavily on 4 fundamental components; affordability, simplicity, fairness and accessibility. For countless Australians our legal system is lacking on all these fronts.
African American female adolescence (who live in urban areas) compared to female caucasion female adolescence (who live in suburban areas) have a lot of differences amongst themselves. Among adults and children has increased dramatically in the past 20 years to reach epidemic proportions, and health care costs of excessive weight are estimated at more than $98 billion a year. In a previous study investigating risk factors for cardiovascular disease in a poor, rural county in Tennessee, the authors found that morbid African American female adolescence (who live in urban area) compared to caucasion female adolescence (who live in suburban areas was 6 times more common in urban African-American female adolescents than men, particularly
According to the articles posted, E-text and lectures from Professor Weidenbaum, the Upanishads explains that Maya is the external world and everything in the world is an illusion. Maya is the reality of what is perceive through our senses are illusions. The Upanishad explains that everything in the universe is Maya. “God is the ruler of Maya, and all beings in the universe are part of the infinite splendor like thoughts and dreams.” The universe takes on many different forms and everything changes, including the physical things we see, the events that unfold, including our very own self-identity. Maya is describe as relative time that include our past, present, and future because if we look closely, things are not what we first