Justice

The Australian Lawyers Alliance advocates for equality and non-discrimination.

We promote access to justice and equality before the law for all individuals, regardless of their wealth, gender, sexuality, age, ability, race, or religious belief.

Differential treatment of people by the law in a democratic society should only be used sparingly, and not for the purposes for reducing the principle of equality before the law.

We believe that:

  • discrimination has a prejudicial effect on individuals' lives and should not be tolerated;
  • legal protections protecting individuals and groups against discrimination and hate speech based on race, colour, descent, or national or ethnic origin must be upheld; and
  • the right to marriage is a right of all people, and should not be afforded only to people in a heterosexual relationship.

We value immensely the right of the individual to personal autonomy in their lives, and to equal treatment under the law.

Below is an overview listing of our justice-related submissions to date:

Submission To Date
Joint submission: Corrections Amendment (Electronic Monitoring) Bill 2020

Strategic Legislation and Policy, Department of Justice, Tasmanian Government

31 July 2020
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability – Rights and Attitudes

Commissioners, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

22 July 2020

Review of Australian Security Intelligence Organisation Amendment Bill 2020

Parliamentary Joint Committee on Intelligence and Security, Parliament of Australia 23 June 2020
Joint submission for the report of the Special Rapporteur on the rights of indigenous peoples to the General Assembly — Impact of COVID-19 on indigenous peoples

Mr Francisco Calí Tzay, United Nations Special Rapporteur on the rights of indigenous peoples

19 June 2020
Penalties for assaults on public officers Queensland Sentencing Advisory Council 18 June 2020

Inquiry into litigation funding and the regulation of the class action industry

Parliamentary Joint Committee on Corporations and Financial Services, Parliament of Australia

8 June 2020
Review of the Migration Amendment (Prohibiting Items in Immigration Detention Facilities) Bill 2020

Legal and Constitutional Affairs Legislation Committee, Parliament of Australia

5 June 2020

Joint submission: OPCAT, places of detention and COVID-19

Select Committee on COVID-19, Parliament of Australia

27 May 2020

COVID-19 Omnibus (Emergency Measures) Bill 2020

The Honourable Jill Hennessy, Attorney-General and Minister for Workplace Safety, Victorian Government

22 April 2020
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability Commissioners, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability 20 April 2020
Evidence (Children and Special Witnesses) Amendment Bill 2020 Department of Justice, Tasmanian Government 16 April 2020
Australia’s Human Rights Scorecard: Australia’s 2020 United Nations UPR NGO Coalition Report Australia's third Universal Periodic Review 9 April 2020
Second open letter to Australian governments on COVID-19 and the criminal justice system Australian governments 8 April 2020
Safe Climate Bill 2020 Tasmanian Greens Party 23 March 2020
Open letter to Australian governments on COVID-19 and the criminal justice system Australian governments 20 March 2020
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability – the Criminal Justice System

Commissioners, Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability

12 March 2020
Setting aside deeds of release in respect of institutional abuse victims The Honourable Mark Speakman SC MP, NSW Attorney General 10 March 2020
Age of Criminal Responsibility Working Group Review Council of Attorneys-General 13 February 2020

Sentencing Amendment (Dangerous Criminals and High Risk Offenders) Bill 2020

Tasmanian Department of Justice 12 February 2020
Renaming Sexual Offences in Chapter XIV of the Criminal Code Act 1924 Tasmanian Department of Justice Child Abuse Royal Commission Response Unit 7 February 2020
Evidence Amendment Bill 2020: Section 194K ‘Publication of certain identifying particulars prohibited’ Tasmanian Department of Justice 7 February 2020

Current barriers to patient access to medicinal cannabis in Australia

The ALA did not provide a submission to this inquiry, however presented the above evidence at a hearing in Melbourne on 29 January 2020. (Dr Teresa Nicoletti can be read from p13.)

Parliament of Australia, Senate Standing Committees on Community

Report

29 January 2020
Religious freedom reforms 2nd exposure drafts Australian Government Attorney-General’s Department 28 January 2020
Consent laws and the excuse of mistake of fact Queensland Law Reform Commission 27 January 2020
Penalties for assaults on police and other frontline emergency service workers, corrective service officers and other public officers

Queensland Sentencing Advisory Council

10 January 2020
Native Title Legislation Amendment Bill 2019 Parliament of Australia, Senate Legal and Constitutional Affairs Legislation Committee 28 November 2019

Inquiry into the Criminal Procedure Amendment (Trial by Judge Alone) Bill 2017

Supplementary submission

Inquiry into the Criminal Procedure Amendment (Trial by Judge Alone) Bill 2017 (submitted 4 December 2019)

Parliament of Western Australia, Legislative Council Standing Committee on Legislation

Report

21 November 2019
Open letter — Urgent action is required on the investigation of police corruption and misconduct in Victoria Premier Daniel Andrews, Parliament of Victoria 15 November 2019
Conversion Practices — Legislative Option to Implement a Ban Victorian Department of Justice and Community Safety 13 November 2019
Maintenance and Champerty in Western Australia — Project No 110: Discussion Paper Law Reform Commission of Western Australia — Project No 110 8 November 2019
Justice Legislation Amendments (Criminal Responsibility) Bill 2019 Tasmanian Department of Justice 4 November 2019
Consent in relation to sexual assault offences NSW Law Reform Commission — Draft proposals 31 October 2019
Consent laws and the excuse of mistake of fact Queensland Law Reform Commission 15 October 2019

Inquiry into Centrelink Compliance Program

Prior appearance at public hearing in Melbourne on 9 October 2019. (Greg Barns can be read from p1.)

Parliament of Australia, Senate Standing Committees on Community Affairs

Interim Report

9 October 2019
Juries, Social Media and the Rights of an Accused to a Fair Trial

Tasmanian Law Reform Institute

Report

1 October 2019
Criminal Code Amendment (Sexual Crimes Against Children in Community Protection Measures) Bill 2019 Parliament of Australia, Senate Legal and Constitutional Affairs Legislation Committee 25 September 2019
Nationhood, National Identity and Democracy Parliament of Australia, Senate Legal and Constitutional Affairs Legislation Committee 18 September 2019

Royal Commission into Aged Care Quality and Safety

Additional submissions

Workforce submissions (submitted 4 December 2019)

Program design submissions (submitted 24 January 2020)

Commissioners, Royal Commission into Aged Care Quality and Safety

Interim Report

6 September 2019
Combatting Child Sexual Exploitation Legislation Amendment Bill 2019 [Provisions]

Senate Legal and Constitutional Affairs Legislation Committee

Report

12 August 2019
Justice Legislation (Organisational Liability for Child Abuse) Amendment Bill 2019 – Draft legislation Tasmanian Department of Justice 29 July 2019

Impact on the exercise of law enforcement and intelligence powers on the freedom of the press

Subsequent appearance at public hearing in Canberra on 20 September 2019. (Greg Barns can be read from p14.)

Subsequent response to questions on notice from public hearing, submitted on 3 October 2019.

Parliamentary Joint Committee on Intelligence and Security 24 July 2019
Inquiry into the Youth Justice and Other Legislation Amendment Bill 2019

Legal Affairs and Community Safety Committee, Queensland Parliament

Report

11 July 2019
Alternative model for the appointment of costs assessors Supreme Court of Queensland and District Court of Queensland 21 June 2019
Review of the Defence of Insanity in s16 of the Criminal Code and Fitness to Plead

Tasmania Law Reform Institute

Report

6 June 2019
Safe Access Zones – Proposal for reform in Western Australia

Office of the Chief Health Officer, Department of Health

Report

30 May 2019
A suitable legislative framework for termination of pregnancy in South Australia

South Australia Law Reform Institute

Report

30 May 2019
Section 194K Evidence Act 2001 Tasmanian Department of Justice 9 May 2019

Magistrates Court (Criminal and General Division) Bill 2019

Tasmanian Department of Justice 9 May 2019

Inquiry into aged care, end-of-life and palliative care and voluntary assisted dying

Subsequent appearance at public hearing in Brisbane on 5 July 2019. (Sarah Vallance can be read from p4.)

Health, Communities, Disability Services and Domestic and Family Violence Prevention Committee, Queensland Parliament

Report

16 April 2019
Inquiry into the Youth Justice and Related Legislation Amendment Bill 2019

Social Policy Scrutiny Committee

Report

15 April 2019

Combatting Child Sexual Exploitation Legislation Amendment Bill 2019

Legal and Constitutional Affairs Legislation Committee

Report

1 March 2019
Consent in relation to sexual assault offences NSW Law Reform Commission 31 January 2019
Inquiry into the Sex Discrimination Amendment (Removing Discrimination Against Students) Bill 2018

Senate Legal and Constitutional Affairs Legislation Committee

Report

13 December 2018
Legislative exemptions that allow faith-based educational institutions to discriminate against students, teachers and staff

Standing Committee on Legal and Constitutional Affairs

Report

15 November 2018

Regulation of Australia's health professions: keeping the National Law up to date and fit for purpose – Consultation Paper

COAG Health Council

30 October 2018
Criminal Code and Related Legislation Amendment Bill 2018 – Draft legislation Tasmanian Department of Justice Royal Commission Response Unit 25 October 2018
Police Offences Amendment (Consorting) Bill 2018 Tasmanian House of Assembly and
Legislative Council
19 September 2018

My Health Records Amendment (Strengthening Privacy) Bill 2018

Senate Standing Committees on Community Affairs

Report

10 September 2018
Family Violence Reforms Bill 2018 Tasmania Department of Justice 29 August 2018
Statutory Review of the Tribunals Amalgamation Act 2015

Australian Government Attorney-General’s Department

Report

23 August 2018
Review of Criminal Injuries Scheme in Western Australia Western Australia Department of Justice 23 August 2018

Cosmetic Health Service Complaints in New South Wales

The ALA did not provide a submission to this inquiry, however presented the above evidence at a hearing in Sydney on 1 August 2018.

Committee on the Health Care Complaints Commission, Parliament of NSW

Report

1 August 2018

Defence Amendment (Call Out of the Australian Defence Force) Bill 2018

Senate Standing Committees on Legal and Constitutional Affairs

Report

26 July 2018

Inquiry into Class Action Proceedings and Third-Party Litigation Funders (DP 85)

Australian Law Reform Commission

Report

25 July 2018

Consent in relation to sexual assault cases

Our submission refers to the following report:

Innovative justice responses to sexual offending – pathways to better outcomes for victims, offenders and the community

NSW Law Reform Commission 29 June 2018
Inquiry into Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples

Joint Select Committee on
Constitutional Recognition relating to Aboriginal
and Torres Strait Islander Peoples

Interim Report

Final Report

12 June 2018

Inquiry into the adequacy and scope of special care offences under the Crimes Act 1900 (NSW)

Subsequent appearance at public hearing in Sydney on 27 June 2018. (Andrew Morrison RFD, SC can be read from p24.)

Standing Committee on Law and Justice

Report

29 May 2018

Organised Criminal Groups Legislation Discussion Paper

In response to the introduction of the Police Offences Amendment (Prohibited Insignia) Bill 2018 on 21 August 2018, the ALA have proposed an alternative Proscription of Organisations Bill.

Legislation and Development Review Services

11 May 2018

Judiciary Amendment (Commonwealth
Model Litigant Obligations) Bill 2017

Subsequent appearance at public hearing in Sydney on 14 June 2018. Dr Andrew Morrison RFD AC can be read from p20.

Senate Legal and Constitutional
Affairs Committee

Report

March 2018
Review of the Terrorism (Preventative Detention) Act 2005

Crime and Corruption Commission Queensland

Report

29 March 2018
Commonwealth Redress Scheme for Institutional Child Sexual Abuse Bill 2017 and related Bill Senate Standing Committees on Community Affairs 2 February 2018

Review of the National Security Legislation Amendment (Espionage and Foreign Interference) Bill 2017

Supplementary Submission:

  1. Comments on Parliamentary Amendments (submitted 13 March 2018)

Parliamentary Joint Committee on Intelligence and Security

Report

22 January 2018
Review of police stop, search and seizure powers, the control order regime and the preventative detention order regime

Parliamentary Joint Committee on Intelligence and Security

Report

16 October 2017
NSW Government consultation in relation to the civil litigation recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse Justice, Strategy and Policy; NSW Department of Justice 4 September 2017

The Future of Public Interest Journalism

Subsequent appearance at public hearing in Sydney on 27 November 2017. Dr Andrew Morrison RFD SC and Ms Anna Talbot can be read from p7.

Senate Select Committee on Public Interest Journalism

Report

15 June 2017
Criminal Code Amendment (Protecting Minors Online) Bill 2017

Senate Standing Committee on Legal and Constitutional Affairs

Report

4 May 2017
Proposed amendments to the Health Ombudsman Act 2013 (QLD) Queensland Health 7 April 2017
Case Study 51: policies and procedures of the Commonwealth government in relation to child-protection and child-safety standards, including responding to allegations of child sexual abuse (Comments in relation to immigration detention)

Royal Commission into Institutional Responses to Child Sexual Abuse

Report

1 March 2017
Letter responding to the proposed Evidence (Tendency and Coincidence) Model Provisions circulated by the Royal Commission in November 2016 Royal Commission into institutional responses to child sexual abuse 2 December 2016

Criminal Justice: Response to Consultation Paper

Subsequent appearance at public hearing in Sydney on 1 December 2016. Dr Andrew Morrison RFD SC can be read from p24169.

Royal Commission into institutional responses to child sexual abuse 31 October 2016
Criminal Code Amendment (High Risk Terrorist Offenders) Bill 2016 Parliamentary Joint Committee on Intelligence and Security 12 October 2016
Issues Paper: The civil litigation recommendations of the Royal Commission into Institutional Responses to Child Sexual Abuse: Redress and Civil Litigation Report – understanding the Queensland context Queensland Department of Justice and Attorney-General October 2016
Community Reporting (Offender Reporting) Amendment Bill: paper outlining concerns Parliament of Tasmania 21 September 2016

Limitation of Actions (institutional Child Sexual Abuse) and Other Legislation Amendment Bill 2016 and the Limitation of Actions and Other Legislation (Child Abuse Civil Proceedings) Amendment Bill 2016

Appendix 1

Parliament of Queensland Legal Affairs and Community Safety Committee 16 September 2016
Inquiry into the performance of the Queensland Health Ombudsman’s functions pursuant to section 179 of the Health
Ombudsman Act 2013
Health, Communities, Disability Services and
Domestic and Family Violence Prevention
Committee of the Queensland Parliament
8 August 2016

Submission in response to Issues Paper 11 - Catholic Church

Royal Commission into Institutional Responses to Child Sexual Abuse 1 July 2016
Guardianship Act review NSW Law Reform Commission 8 April 2016

Legislative Council Committee System

NSW Legislative Council Select Committee

on the Legislative Council Committee System

7 April 2016
Issues Paper 8: experiences of police and prosecution responses Royal Commission into Institutional Responses to Child Sexual Abuse, Issues Paper 8; Experience of police and prosecution responses 12 June 2015
Statutory victims of crime compensation schemes: Issues Paper 7 Royal Commission into Institutional Responses to Child Sexual Abuse,Issues Paper 7 30 June 2014
Redress Schemes: Issues Paper 6 Royal Commission into Institutional Responses to Child Sexual Abuse, Issues Paper 6 29 May 2014

Access to justice, Feedback on draft inquiry report

Productivity Commission, Inquiry into Access to Justice 28 May 2014
Access to Justice Productivity Commission, Inquiry into Access to Justice 8 November 2013
Preventing Sexual Abuse of Children in Out-Of-Home Care: Issues Paper 4 Royal Commission into Institutional Responses to Child Sexual Abuse, Issues Paper 4 1 November 2013
Towards Healing: Issues Paper 2 Royal Commission into Institutional Responses to Child Sexual Abuse, Issues Paper 2 4 September 2013