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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 |
|---|---|---|
| Bail Bill 2021 | Office of Strategic Legislation and Policy, Department of Justice, Tasmanian Government | 22 March 2021 |
Response to the Interim Report to the Australian Government on Indigenous Voice Co-Design Process |
Indigenous Voice Co-Design Process |
22 March 2021 |
Legal Affairs and Safety Committee, Queensland Parliament |
8 March 2021 | |
| Doing More Harm Than Good: The need for a health-focused approach to drug use | ALA policy report | 4 March 2021 |
Senate Standing Committees on Environment and Communications, Parliament of Australia |
1 March 2021 | |
| Department of Infrastructure, Transport, Regional Development and Communications, Australian Government | 15 February 2021 | |
Child Abuse Royal Commission Response Unit, Department of Justice, Tasmanian Government |
15 February 2021 | |
Department of Justice, Tasmanian Government |
8 February 2021 | |
Sexual Orientation and Gender Identity Conversion Practices – Issues Paper No 31 |
Tasmania Law Reform Institute |
3 February 2021 |
|
Submission partially redacted for confidentiality. |
Portfolio Committee No. 2 – Health, Parliament of NSW |
1 February 2021 |
| Custodial Inspector Amendment (OPCAT) Bill | Office of Strategic Legislation and Policy, Department of Justice, Tasmanian Government |
11 December 2020 |
A legal framework for voluntary assisted dying – Consultation paper |
Queensland Law Reform Commission |
17 November 2020 |
Review of the Counter-Terrorism Legislation Amendment (High Risk Terrorist Offenders) Bill 2020 |
Parliamentary Joint Committee on Intelligence and Security, Parliament of Australia | 27 October 2020 |
Youth Justice Amendment (Searches in Custody) Bill 2020
|
Office of Strategic Legislation and Policy, Department of Justice, Tasmanian Government |
22 October 2020 |
| Consultation on the Monetary Penalties Enforcement Amendment Bill 2020 | Office of Strategic Legislation and Policy, Department of Justice, Tasmanian Government |
23 September 2020 |
Current and former copyright and licensing arrangements for the Aboriginal Flag design |
Select Committee on the Aboriginal Flag, Parliament of Australia |
18 September 2020 |
| Review of the sentencing for offences involving assaults on police officers, correctional staff, youth justice officers, emergency services workers and health workers | NSW Sentencing Council | 14 September 2020 |
Criminal Code (Consent and Mistake of Fact) and Other Legislation Amendment Bill 2020 |
Legal Affairs and Community Safety Committee, Queensland Parliament |
7 September 2020 |
Justice Miscellaneous (Court Backlog and Related Matters) Bill 2020 |
Office of Strategic Legislation and Policy, Department of Justice, Tasmanian Government |
2 September 2020 |
| Review of the Expungement of Historical Offences Act 2017 | Independent reviewer | 31 August 2020 |
| Tasmanian Legislative Council | 27 August 2020 | |
| Comments on the Civil Liability (Institutional Child Abuse Liability) Amendment Bill 2020 | South Australian Attorney-General | 25 August 2020 |
Inquiry into First Nations people in custody in New South Wales Subsequent appearance at online public hearing on 26 October 2020. (Dr Louis Schetzer can be read from p3.) |
Select Committee on the High Level of First Nations People in Custody and Oversight and Review of Deaths in Custody, Parliament of NSW |
24 August 2020 |
Third open letter to Australian governments on COVID-19 and the criminal justice system |
Australian governments | 8 August 2020 |
Legal and Social Issues Committee, Parliament of Victoria |
5 August 2020 | |
| Joint submission: Corrections Amendment (Electronic Monitoring) Bill 2020 | Strategic Legislation and Policy, Department of Justice, Tasmanian Government |
31 July 2020 |
|
|
Select committee on the impact of technological and other change on the future of work and workers in New South Wales, Parliament of NSW |
24 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 |
House Standing Committee on Social Policy and Legal Affairs, Parliament of Australia |
17 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 |
Select Committee on COVID-19, Parliament of Australia |
27 May 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 |
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 |
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 |
9 October 2019 |
| Juries, Social Media and the Rights of an Accused to a Fair Trial | Tasmanian Law Reform Institute |
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 |
6 September 2019 |
| Combatting Child Sexual Exploitation Legislation Amendment Bill 2019 [Provisions] | Senate Legal and Constitutional Affairs Legislation Committee |
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 |
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 |
6 June 2019 |
| Safe Access Zones – Proposal for reform in Western Australia | Office of the Chief Health Officer, Department of Health |
30 May 2019 |
| A suitable legislative framework for termination of pregnancy in South Australia | South Australia Law Reform Institute |
30 May 2019 |
| Section 194K Evidence Act 2001 | Tasmanian Department of Justice | 9 May 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 |
16 April 2019 |
| Inquiry into the Youth Justice and Related Legislation Amendment Bill 2019 | Social Policy Scrutiny Committee |
15 April 2019 |
Combatting Child Sexual Exploitation Legislation Amendment Bill 2019 |
Legal and Constitutional Affairs Legislation Committee |
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 |
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 |
15 November 2018 |
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 |
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 |
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 |
1 August 2018 |
Defence Amendment (Call Out of the Australian Defence Force) Bill 2018 |
Senate Standing Committees on Legal and Constitutional Affairs |
26 July 2018 |
Inquiry into Class Action Proceedings and Third-Party Litigation Funders (DP 85) |
Australian Law Reform Commission |
25 July 2018 |
Consent in relation to sexual assault cases Our submission refers to the following report: |
NSW Law Reform Commission | 29 June 2018 |
| Inquiry into Constitutional Recognition relating to Aboriginal and Torres Strait Islander Peoples | Joint Select Committee on |
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 |
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 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 |
March 2018 |
| Review of the Terrorism (Preventative Detention) Act 2005 | Crime and Corruption Commission Queensland |
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:
|
Parliamentary Joint Committee on Intelligence and Security |
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 |
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 |
15 June 2017 |
| Criminal Code Amendment (Protecting Minors Online) Bill 2017 | Senate Standing Committee on Legal and Constitutional Affairs |
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 |
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 |
| 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 |
| Royal Commission into Institutional Responses to Child Sexual Abuse | 1 July 2016 | |
| Guardianship Act review | NSW Law Reform Commission | 8 April 2016 |
| 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 |
| 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 |
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