Regardless who wins the next Victorian election, section 19A of the Crimes Act 1958 (Vic) will be on their legislative agenda. The provision makes it an offence to “intentionally causes another person to be infected with a very serious disease”. It was added in 1993 in response to community fears about an AIDS epidemic, and “very serious disease” is defined to only include one disease: HIV, which causes AIDS. Health experts say section 19A is counterproductive because it stigmatises people with HIV, discouraging them from seeking treatment. At the 20th International AIDS Conference, held in Melbourne earlier this month, the Victorian Health Minister, David Davis, announced the government’s “intention to amend section 19A”. This was cautiously welcomed by delegates at the conference, though they still had concerns; the Victorian AIDS Council said: “We are concerned by … the possibility that section 19A could be converted into a general provision covering other infectious diseases. We believe that would be a step in the wrong direction.” Soon afterwards, the Shadow Health Minister, Gavin Jennings, promised to repeal the section altogether.
Koori Court expands to Melbourne
Victoria’s culturally-appropriate Indigenous sentencing system expanded again last week, with the launch of a Koori Court division at the Melbourne Magistrates’ Court—the busiest court in the State. Attorney-General Robert Clark said, “The Koori Courts initiative has helped improve justice outcomes for the Koori community for the benefit of all Victorians. Not only have Koori Courts provided more successful outcomes in individual cases, they have improved the engagement of Koori communities with the justice system and have helped build capacity within Koori communities.” Prior to the last election, Denis Napthine described such specialist courts as “apartheid of the justice system in Australia”, but following an Ombudsman’s report indicating early success, the Government decided to keep the system in place.
Shearing cruelty exposed, but “ag-gag” laws on the way
Animal rights activist group PETA has released a shocking, graphic video of shearers abusing sheep: “The footage shows the workers violently punching sheep in the face, stomping and standing on the animal’s necks, and also beating them in the face with electric clippers and even a hammer.” They say the incidents were secretly filmed in Australian shearing sheds over the past year, and are calling on the RSPCA to prosecute the offenders, and on consumers to stop buying and wearing wool. At the same time, the Victorian Farmers Federation is lobbying for laws to crack down on activists secretly filming on farms—known in the US as “ag-gag” laws—and the Napthine Government has promised to introduce legislation this year.
Huge volume of unpaid fines prompts enforcement rethink
A report by the Sentencing Advisory Council on the enforcement of fines and infringement notices says Victoria is losing over $400 million in unpaid fines per year. It calls for a distinction to be drawn between those who can’t afford to pay and those who simply refuse, and recommends enforcement methods that target refusers, such as flagging their passports: “Restrictions on international travel are an appropriate means of targeting persons who are likely to have the capacity to pay a court fine or infringement penalty (in light of the cost of international travel) but instead wilfully default.” On the other hand, it says those with less capacity to pay should have their fines reduced. The report identifies “high volume tolling offenders” as a specific problem—illustrated yesterday when a warrant was issued by the Dandenong Magistrates’ Court for the arrest of a woman who owes nearly $300,000 in infringement penalties for more than 1000 unpaid tolls.
VLRC considers Qld-style juror questioning
A Queensland judge has approved a series of questions to be asked of potential jurors in the trial of a man accused of murdering his wife. Before they are empanelled, they will be asked whether they lived near the family, whether they contributed to a fund to help find the killer, and whether they have ever expressed a view about the case. Queensland is the only State in which pre-trial questioning of jurors is allowed; however, as part of its inquiry into Jury Empanelment, the Victorian Law Reform Commission asked, “Should the judge or the parties have the ability to question prospective jurors to determine their impartiality in certain circumstances?” The VLRC’s final report was due on 31 May, and will be made public after it is tabled in parliament.
Brandis backing down on race law changes
Attorney-General George Brandis is reportedly “preparing to water down a controversial plan to scrap sections of the Racial Discrimination Act that restrict racist insults and hate speech”. A draft bill was released for public comment in March. As a result of lobbying, protests, petitions and written submissions, the Attorney-General is now rewriting the proposal, saying, “We did not engage in a period of both private and public consultation without intending to listen to what people had to say to us“. The government received more than 5300 submissions on the bill. (My submission is available here.)
UN demands Vic Gov take responsibility for rogue police
The United Nations Human Rights Committee says Victorian law should hold the government responsible for all actions by on-duty police officers, and the victim of a savage beating should receive compensation. In 1996, police broke in to Corinna Horvath’s home, bashed her, fabricated evidence, and later lied in court. She initially won compensation, but that was overturned when the Court of Appeal ruled the government was not vicariously liable under section 123 of the Police Regulation Act 1958 (Vic) because the indidual police involved had not acted “in good faith in the course of his or her duty”. The UN ruled this was a breach of the International Covenant on Civil and Political Rights: “It is the State’s responsibility to ensure that its police do not violate human rights and to remedy violations of human rights by its police”. It concluded that “the State of Victoria is obliged to change its domestic laws” to address the problem. The Victoria Police Act 2014, which commences in December, changes the State’s liability for torts committed by police, but Horvath’s lawyers say the new law will be “an expensive and lengthy two-step process” and does not go far enough.
Castan Centre launches Human Rights Report
Monash University’s Castan Centre for Human Rights has launched its first Human Rights Report: “We have decided to publish this report to improve the public’s understanding of our world-renowned academic research. Each piece is written in plain English and designed to inform the public about human rights law and policy issues in key areas”. It features articles by legal experts on a range of topics including freedom of speech, corporations, foreign aid, spies, prisons and detention centres, asylum seekers, gender, reproductive rights, LGBTI rights, and Indigenous rights.
Doctor wants to be charged over euthanasia help
Dr Rodney Syme has challenged Victorian authorities to prosecute him for providing the death drug Nembutal to patients who wish to end their lives: “I just believe passionately that there are too many people suffering too much not to try a little bit harder to change things… And a lot of these things it seems will only be changed in a court decision, so bring it on.” While suicide is legal, it is an offence to incite, aid or abet an attempt to commit suicide. Dr Symes says police and the DPP are turning a blind eye because they do not support the law, but he wants euthanasia legalised and regulated: “Desperate people are doing desperate things, without any effective guidance regarding this medication, dosage or indications.”
“Massive memory fail” brings down Premier
NSW Premier Barry O’Farrell resigned last week, after it was discovered that he had failed to declare receiving a $3000 bottle of wine from a lobbyist. O’Farrell told the inquisitorial Independent Commission Against Corruption he had suffered a “massive memory fail”: he had no recollection of receiving the wine, despite making a phone call to the lobbyist the evening it was delivered, and hand-writing a thank you note. Although ICAC’s lawyers say found “no evidence of corrupt behaviour” as a result of the gift, journalists are questioning why the lobbyist was subsequently appointed to a government board. Economists say even small gifts can influence decision-makers: “we find it hard not to be nice to someone who has just been nice to us, even if we know it’s a trick.”