Legal Pos + Neg

Strip Searches Positive #1

Better detection of crime 2021/2022 RLC:

Knives: 105

Drugs: 675

Property:138

Strip Searches Positive #2

Safeguards exist in LEPRA

s32: Preservation of dignity and privacy

s33: rules for conduct

s34: no strip search on child under 10

Strip searches positive #3

Mechanisms for accountabilty when power misused

• Oversight by LECC

• Coronial inquests

• Civil Action

Atalla V NSW (2018)

Strip searches Negative #1

Non compliance with safeguards in LEPRA widespread

• When appropriate (Attalla vs NSW 2018)

Strip searches negative #2

Police quotas incentivise searches

• ABC 2021, NSW Police set quotas for over 240,000 personal and strip searches

DNA Evidence Positive #1

Powerful in aiding investigation of crime, cold cases

• R v Xie (2017)

DNA Evidence Positive #2

Crimes (forensic procedure) Act (NSW) contains rules when police can get forensic samples

• Reasonable grounds believe suspect commited crime/ will prove suspicion

DNA Evidence Negative #1

Miscarriages of justic

• Over-reliance by juries

DNA Evidence Negative #2

Contamination of Evidence

• R v Jama (2008)

DNA Evidence Negative #3

Back capture program too extensive

• ABC 2014 NSW Police take DNA from hundreds of ex-offenders

Sex Discrimination Positive #1

Laws are effective when implemented

Hill V hughes (2019) FCCA

$170,000 damages

Sex Discrimination Positive #2

Legislation exists outlawing sex harrassment

Sex discrimination act 1984 (Cth) s28A and s28B

Sex Discrimination Positive #3

Laws have evolved

2021: Sex discrimination and fair work (respect at work) amendment 2021 (Cth)

• serious misconduct and legible for fair dismissal

2022: Anti discrimination and human rights legislation amendment (respect at work) 2022

• recognises as WHS issue

Sex Discrimination Negative #1

Sex harrassment persists

Time for respect (2022): Fifth national survey on sex harrassment in Australian workplaces found

• 1 in 3 in last 5 years

Sex Discrimination Negative #2

Reporting rates are low

AHRC 2022 Report: Only 18% of people who experienced workplace sexual harrassment in the past 5 years made a formal complaint

Sex Discrimination Negative #3

Fears of costs may prevent

AHRC 2001: 65% of reportees had to pay in past 5 years

Provocation Reform Positive #1

New law better reflects society’s moral and ethical standards towards violence and self-control

*R v Turnbull (2016) NSWSC illustrates new law in action (Farmer Ian Turnbull convicted of murder of NSW environment officer Glen Turner Guardian 2016)

Provocation Reform Positive #2

New law better upholds equality and society’s moral and ethical acceptance of diverse sexualities by removing the ‘gay panic defence’

“Laws that legitimise and excuse violent and lethal behaviour against any member of the LGBTIQ+ community have no place anywhere in Australia.”

• CEO of equality Australia Anna Brown

Provocation Reform Negative #1

Changes to Gay Panic Defense took too long,

Took 23 years from J Kirby’s dissent in the HCA R v Green

ABOLISHED IN 2020

Provocation Reform Negative #2

Changes to the law made it harder for victims of DV who ‘lash out’

Crimes amendment (provocation) Act 2014

Serious indictable offence must be commited for provocation to be a valid defense

Provocation Reform Negative #3

Provocation laws are now different across states, which could lead to inconsistency

R v Peniamina (2021) Queensland

Unions Positive #1

Role as agency of reform

2017 Protecting vulnerable workers act reforms

resulted in

Fair Work Legislation Amendment (Closing Loopholes) Act 2023 (Cth))

Unions Positive #2

Unions can directly assist or represent underpaid workers

Anna Langford case, AWU v De Costi 2023 FCCA

Unions Positive #3

HospoVoice (now part of United Workers Union) has evolved with technology to provide access to justice as Australia’s first ‘digital union’

Unions Negative #1

Union membership is declining 

Australian Bureau of Statistics 2024: Trade Union Memberships

Fell from 40% of employees to 13.1% in August 2024

(1992 - 2024)

Unions Negative #2

Unions do not have any actual legal power to enforce laws