Victorian Police and Corrections Minister Wade Noonan has stepped down from his role for three months. He said he needs a break from the job because of the psychological impact it has had on him. He explained, “It has been difficult to cope with the constant exposure to details of unspeakable crimes and traumatic events that are an everyday part of my role and the accumulation of these experiences has taken an unexpected toll.”
The issue of the exposure of people involved in the legal process to gruesome details of crimes has also been raised recently as a result of the sentencing of Matthew Graham, a 22-year-old Melbourne man who was responsible for websites sharing photos and video of the sexual abuse, torture and killing of children.
The prosecutor asked the County Court judge to view some of the worst videos: “It is with a great deal of regret that I urge your honour to view the material. Seeing it brings it home in a much more realistic and tangible way. It is probably one of the worst things you could see.” In April last year, the County Court recognised the psychological harm caused to judges and court staff who are required to observe traumatic evidence, and engaged five psychologists and psychiatrists to build judicial resilience.
Other participants in the system can also be affected. For instance, the Victorian Juries Commissioner recognises the potential for vicarious trauma, and after the trial jurors can access psychological services. Adrian Lowe, who spent four years reporting on crimes for The Age, said he asked to be assigned to different duties because he was being affected by the work, but that he still suffers the consequences: “It has been almost four years since I left the court round. The nightmares, flashbacks and visions have continued, fortunately with less frequency as the years pass.”
The issue can have an impact on the effectiveness and fairness of the legal system. In January, the ABC’s Law Report looked at how interpreters are affected by translating the details of evidence. A survey of 271 qualified interpreters found that “a quarter of respondents … said that they continued to feel traumatised for some period after and that they would choose to avoid those types of assignment in the future”. This can mean that it is hard to find appropriately qualified interpreters to deal with traumatic cases.
The Supreme Court of Victoria has established a specialist Employment and Industrial List, which commenced on 1 January 2016. The list will manage proceedings involving employment contracts, breaches of confidence, and employment-related misleading and deceptive conduct.
It will also deal with allegations of “interference with contractual relations, industrial torts, secondary boycotts, and related contempt proceedings”. These are claims typically directed against industrial action taken by workers and their trade unions.
The establishment of the list comes after criticism by former High Court judge Dyson Heydon in the interim report of his Royal Commission into Trade Union Governance and Corruption, known as TURC. (This controversial inquisitorial body was criticised for political bias after Heydon agreed to speak at a Liberal Party fundraiser, but he cleared himself of wrongdoing and continued its hearings.)
Heydon claimed “extraordinary delay” in the Supreme Court’s hearing of industrial torts and related matters “will make the Australian legal system a laughing stock” and called for “consideration to be given to procedures which ensure swift determination of contempt applications”.
These comments were made in relation to a case study of a long-running and high-profile dispute between construction company Grocon and the Construction, Forestry, Mining and Energy Union (CFMEU) over the appointment of safety representatives. This dispute culminated in a massive protest outside the Myer Emporium construction site, and led to Grocon suing the CFMEU over industrial torts, secondary boycotts, and related contempts.
Grocon was represented in the Supreme Court by Michael McDonald SC. He was subsequently appointed to the Supreme Court Trial Division, and is the inaugural Judge in Charge of the Industrial and Employment List.
The Victorian Law Reform Commission has delivered its report on the legalisation of Medicinal Cannabis. In October, the report was tabled in Parliament by Attorney-General Martin Pakula. In December, the Government introduced the Access to Medicinal Cannabis Bill 2015 into parliament, with the intention of having the scheme in place by “early 2017”.
The proposed legislation would allow cannabis to be prescribed to “eligible patients”, which would initially be limited to people under the age of 18 who have epileptic seizures that do not respond to other treatments. This is narrower than the VLRC’s recommendations, which also included patients suffering from severe symptoms of multiple sclerosis, cancer, HIV and AIDS. However, the bill would establish an Independent Medical Advisory Committee to recommend other categories of eligible patient, which could be added by regulation.
Fulfilling an election promise, the Andrews Government asked the VLRC to investigate the best way to implement the legalisation of cannabis for medical purposes. In the issues paper that began the public consultation process, the VLRC noted that the decision to legalise the drug had already been made, and the “terms of reference do not invite the Commission’s views on [the merits of] this policy”.
The VLRC received 98 submissions from lawyers, doctors, academics, activists, community groups, and members of the general public — including one from the possibly pseudonymous Leaf van Amsterdam, who volunteered to be “a willing guinea pig” on the effects of medical marijuana.
The second reading debate on the bill will continue in the Legislative Assembly on Tuesday, 9 February.
Welcome to another exciting year of Legal Studies!
One of the most interesting things about the VCE Legal Studies course is the way it engages with current issues and controversies. This blog will help you identify issues and reforms that are relevant to the course, give you a brief summary, and link to news and commentary for further detail.
The best way to keep up to date is to subscribe to the email list, which will send you a copy of any new posts. You can also follow the blog on Facebook, Twitter or Tumblr.
I also try to categorise the posts according to how they fit in to the Study Design. On the right-hand-side of the site you can see the list of categories, and clicking on those will take you to all of the posts related to that topic.
All the best with your studies this year!