LCMID

Amy Corderoy The Conversation

Large amount of people involuntarily admitted into psychiatric facilities were faced with poor treatment

Carr v Attorney-General

The term suicide established in the Criminal Code Act 1995 was found applicable in voluntary assisted dying. Health providers were unable to discuss voluntary assisted dying using Telehealth

Voluntary Assisted Dying Act Vic

Criteria for VAD

Brown v The Queen

Overturned DPP v O’Neil which excluded personality disorders from court consideration

Ratio Decidendi

Legal reason behind decision binding precedent

Obiter dicta

Other remarks on the trial, persuasive precedent

R v Singh

Inefficiency in fair and prompt trials, took 10 years, media’s influence meant hung jury and retrial

Ultra Vires

Acting beyond legal authority modelled by Tasmanian Dam Case

Secton 52 of Constitution

Exclusiveee powers

Section 109 of constitution

Federal laws > state laws

Section 51 of the constitution

Specific powers of parliament. Concurrent power both have ability

Importance of Mabo

Overturned legal fiction of Terra Nullius and opened possibility of Native Title

Native Title Act

set up requirements and set up Native Title Tribunal

Native Title Amendment 1998

Continuous connection and pastoral priority

Two key UN covenants

ICCPR and ICESCR

Jus Cogens

Non-derogable norms

Commercial Bank of Australia v Amadio

Contract law where parents didn’t speak english and got taken advantage of

Hill v Coles

Tort law, Margaret Hill sued under owners/occupiers duty

International in Australian Law

Convention on Migrants — defined who can claim refugee status in Australian law by the Migration Act 1959

Young v Australia

Not upholding ICCPR same sex relationship

Kybong Case

Ineffectiveness of DNA cuz of anglo-saxon majority in DNA databases

Statement from the Howard Government on Migration following the Tampa Affair

“… We will decide who comes to this country and the circumstances in which they come.”

The Conversation Tampa Affair on implementation of Offshore Policy

Extraordinary due to its quick development

Manus Island survey statements

“I was in a tent for 15 months…without a door… It’s not safe.”

ICCPR things that were ignored on Manus Island

Article 10 — treated with the inherent dignity of the human person and article 9 — no Arbitrary arrest or detention

2013 Committee findings on detention

Unlawfully discriminates asylum seekers, conditions do not meet minimum standards, cumulative impact is degrading

UN High Comissioner for Refugees statement on conditions

“Harsh and below international standards’

Al-Kateb v Godwin

Indefinite detention allowed

NZYQ v Minister for Immigration

stateless Rohingya, HCA foudn unlawful to keep someone detained without prospect of deportation

habeas corpus

“You shall have the body”

Migration Amendment Bill 2023

Cannot be detained for more than 90 days, but cannot perform any work etc.