R v Williams [2007] VSC 2 (15 January 2007)
The Supreme Court of Victoria has substantively considered the Victorian Charter of Human Rights and Responsibilities 2006 (Vic) for the first time.
Read MoreCapital 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.’
Read MoreHolomiov v Moldova, (Application No 30649/05), 7 November 2006 (European Court of Human Rights) 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.
Read MoreOn 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.
Read MoreHanan 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.
Read More
TSL v Secretary to the Department of Justice [2006] VSCA (26 September 2006)
The Victorian Court of Appeal (comprising Callaway AP, Buchanan JA and Coldrey AJA) has recently made its first reference to the Victorian Charter of Human Rights and Responsibilities.
Read MoreColeman v Australia, HRC, Communication No 1157/2003, UN Doc CCPR/C/87/D/1157/2003 (10 August 2006)
In a decision with important ramifications for the human rights obligations of federal, state and local governments and officials, the UN Human Rights Committee (‘Committee’) has concluded that the application of a Queensland law and a Townsville bylaw impermissibly restricted the complainant’s right to freedom of expression, placing Australian breach of its obligations under the ICCPR.
Read MoreD and E v Australia, HRC, Communication No 1050/2002, UN Doc CCPR/C/87/D/1050/2002 (25 July 2006)
The UN Human Rights Committee (‘the Committee’) recently handed down its latest in a string of decisions concerning Australia’s policy of mandatory immigration detention. The authors of the complaint were two Iranian nationals who, together with their two children, arrived in Australiaby boat in November 2000. Pursuant to Australia’s policy, the four were held in immigration detention for a total of three years and two months. During their period of mandatory detention, the relevant provisions of the Migration Act 1958 (Cth) effectively precluded judicial review of the lawfulness of their detention, while their applications for asylum were rejected. The four were ultimately granted Global Special Humanitarian visas on 13 March 2006.
Read MorePerovic 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 stay of proceedings.
Read MoreBrough v Australia, HRC, Communication No 1184/2003 (17 March 2006)
In March this year, 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 Covenant on Civil and Political Rights (‘ICCPR’) in a New South Wales prison.
Read More