Posts Tagged attorney general
Sex identity ruling against ‘common sense’
Posted by Metro in Uncategorized on December 25, 2011
The decision handed down late last month is the latest in a legal battle that has lasted over 18 months after Norrie was initially given a Recognised Details Certificate – which is provided to immigrants who want to officially change their gender – with the sex field stating ‘not specified’.
Norrie (pictured), who prefers the pronoun zie, was born in Scotland before moving to Australia in the late 1960s.
On the eve of last year’s Mardi Gras, Norrie was given a ‘not specified’ sex marking after expert testimony from medical professionals that zie no longer adhered to either the male or female gender despite being born male.
However, those documents were soon cancelled in mid-March 2010, when then Attorney-General John Hatzistergos directed the matter to be discussed between the Director-General of his department and the registrar, with subsequent legal advice sought from the Crown Solicitor.
In the decision handed down on November 29, the appeal panel said that it had found no error of law in the Tribunal’s decision in May of this year to revoke a change of name certificate for Norrie with the sex declared as ‘not specified’.
“The Registrar refused Norrie’s application saying that he did not have power to register a person’s change of sex to ‘not specified’. The only two options were registering a change of sex from male to female or from female to male,” the judgement reads.
Norrie has told SX that the decision will be appealed.
“They clearly don’t have a snowball’s, their whole argument that there are only two answers allowed to the question of ‘what sex are you’ flies against common sense, the English language, the International Civil Aviation Organisation agreement of 1950-something, and the issuing of my Australian Passport with ‘Sex: X’,” Norrie said.
“The insistence that everyone is either M or F not only has history and common sense against it, but has also been entirely superseded by events.”
Dr Tracie O’Keefe, a sexologist and spokesperson for Sex and Gender Education Australian (SAGE), told SX that it was ludicrous that a government department was continuing to go against directives in the 2009 Sex Files Report released by the Australian Human Rights Commission and supported by the federal Attorney-General’s department.
“[The report recommends] that people like Norrie be able to be registered as ‘sex non specific’. Common law permits people to do anything unless it is prohibited by law,” O’Keefe said.
“The NSW BDM, having registered Norrie as ‘sex non specific’, now say they are not allowed to register anyone unless it is as male or female, but that does not appear in any of the law.”
Sex identity ruling against ‘common sense’
Government introduces new measures to enhance access to justice
Posted by Metro in Uncategorized on December 8, 2011
Attorney-General Robert McClelland today announced that the Government has introduced legislation to give Commonwealth courts clearer powers on suppression orders and vexatious litigants.
“There has been growing concern about the volume and breadth of suppression orders made by some Australian courts and while the concerns have been directed at state courts, it is important this issue be addressed nationally,” mr McClelland said.
“This bill provides a clearer approach to the granting of suppression orders, which puts front and centre the fundamental importance of the open justice principle.”
The Access to Justice (Federal Jurisdiction) Amendment bill 2011 sets out in greater detail how suppression orders should be made, and emphasises that courts must consider the public interest in open justice before making a suppression order.
The bill is based on the model suppression order law developed by the former Standing Committee of Attorneys-General in 2010.
This bill has been amended from the model law so that it does not broaden the grounds on which suppression orders can be made from those that currently apply.
“I welcomed the opportunity to further discuss the model law at last week’s meeting of the Standing Council on Law and Justice, where it was decided that Western Australia, Victoria and South Australia would further consider the model law.
“I am confident that these reforms will assist courts to appropriately craft suppression orders, so that they are only made when they are clearly justified, and in as narrow terms as necessary to achieve their purpose, recognising the important rule that open justice plays in upholding the rule of law,” said mr McClelland.
The bill will also improve the powers available for the federal courts to deal with vexatious litigants.
“Unfortunately courts can be caught up with proceedings that are vexatious in nature and take away time from other litigants,” mr McClelland said.
“This bill provides a clearer process for dealing with repeat vexatious litigants to minimise their impact on the court system, while protecting their right to initiate worthwhile legal action.”
The bill will also clarify and reinforce the Federal Court’s powers to control the discovery process during litigation to prevent excessive costs being incurred, in response to recommendations made by the Australian Law Reform Commission’s report Managing Discovery.
“I congratulate the ALRC for this work on this valuable report, and acknowledge the efforts the Federal Court and the National Judicial College of Australia have already made in responding to that report” mr McClelland said.
In addition, the bill will:
- allow the Administrative Appeals Tribunal more flexibility in the payment of application fees in Tribunal proceedings, and
- remove the limits that prevent Family Law Magistrates in Western Australia hearing family law property matters worth over a certain amount.
“Greater transparency and efficiency in court and tribunal proceedings is important in ensuring fair and equitable access to justice,” said mr McClelland.
Media contact: Desmond Ko
Government introduces new measures to enhance access to justice
Court Declares Proceeds of Crime (Money Laundering) and Terrorist Financing Act Inapplicable to Legal Profession
Posted by Metro in Uncategorized on November 24, 2011
In its recent decision in Federation of Law Societies of Canada v. Canada (Attorney General), the British Columbia Supreme Court (the Court) affirmed the importance of the solicitor-client relationship, and declared certain federal legislation unconstitutional because it would have interfered with that relationship. this case confirms the importance of solicitor-client privilege, and prevents governments from regulating lawyers for the purpose of accessing client information. by prior agreement among the parties, the decision is nationally binding. the case concerned the challenge by the Federation of Law Societies of Canada (FLSC) to the application of the federal Proceeds of Crime (Money Laundering) and Terrorist Financing Act (Act) to the legal profession. the FLSC is the national co-ordinating body of Canada
WA to introduce tough new bikie laws
Posted by Metro in Uncategorized on November 23, 2011
Western Australia will attempt to introduce the toughest anti-bikie laws in the country.
The State Government is moving to have bikie gangs declared criminal organisations by a judge, which would mean members of those groups will be prohibited from associating with one another.
Breaching such an order would result in up to two years' jail for a first offence and up to five years behind bars for a second offence.
Under the proposed laws, bikie gang members will also face harsher penalties than other members of the community for a range of other offences.
Authorities in new South Wales and South Australia have tried to introduce similar laws in the past, but failed after High Court appeals were lodged against them.
But WA's Attorney-General, Christian Porter, says lessons have been learnt from those experiences and he is confident the State Government's bill will withstand any legal challenges.
Mr Porter says the days are numbered for bikie gangs in WA.
“I, as a prosecutor and inside government, have seen what members of outlaw motorcycle gangs do, the way in which they have operated so successfully inside the great community of WA doing the most vile of acts,” he said.
“Bikie gangs over the last two decades in Perth have been absolutely ruthless in the way they have conducted criminal activity.”
“This government will match their will two or three fold and with legislation like this their days are definitely numbered.”
The Shadow Attorney General John Quigley says Labor backs the proposal in principle, but will need to see the details of the legislation before committing to support it in parliament.
But criminal lawyer Michael Tudori believes the proposed laws are unconstitutional in the extreme and infringe heavily on civil liberties.
Mr Tudori says it is arrogant of Mr Porter to believe it is acceptable to restrict members of a group from associating with each other.
He says police already have adequate powers to deal with bikies.
Will new laws force prostitution underground?
Posted by Metro in Uncategorized on November 18, 2011
Louise Merrillees
Updated November 07, 2011 14:33:33
Janelle Fawkes worked in the Western Australian sex industry for 15 years.
She says the legislation introduced to parliament to legalise the industry will force sex workers underground in to escape what she calls “onerous laws”.
“This will be the most dangerous sex industry law ever introduced into Australia,” she said.
“Currently it is not illegal to be a sex worker in WA but the requirements for compliance to the new legislation means the entire sector, particularly the private independent sex worker, will go underground.
“And when it is underground and out of sight, sex workers become vulnerable.”
The proposed bill would see brothels excluded from residential areas and it initially required women to register as sex workers unless they were working in a brothel.
The bill also includes the creation of an exit fund to help sex workers leave the industry, authority for health workers to enter premises where prostitution is suspected and the ability to cap the number of licenses issued.
It is the latest attempt by a state government to regulate prostitution.
Attorney General Christian Porter says ordinary West Australians do not want prostitution businesses near their homes or near children’s schools.
“The bill is designed first and foremost to get prostitution out of the suburbs and to protect people’s homes,” he said.
“A vote against this bill is a vote for backyard brothels and the current uncertain, untenable situations.”
Former brothel madam Linda Watson says the laws do not go far enough.
Ms Watson now runs a program designed to support women who want to leave the sex industry.
She says prostitution should be made illegal across the board but the Government should target those seeking it rather than those providing it.
“We don’t need to have prostitution anywhere, prostitution could be stamped out if we could just get rid of the buyers,” she said.
“It’s going to be very hard to eliminate prostitution, it will go underground but prostitution belongs underground.”
Contentious
Mr Porter made some key changes to the bill in an attempt to get it over the line, including removing the need for sex workers to be registered if they are employed by a licensed brothel.
The State Opposition Leader Eric Ripper says Labor is opposed to the legislation mostly because of the register.
He says a change to the draft bill which removed the need for prostitutes to be registered if they are employed by a licensed operator, is not good enough.
“That’s worse than the original proposal,” he said.
“And if you say to some people, you don’t have to register with the government but you can register with brothel owners, how does that help? you simply drive the industry underground.”
“What’s really bad about registration is the information that then flows out to the community.
“This makes it virtually impossible for sex workers to leave the industry, there’ll always be that record of their work in the sex industry.”
Ms Fawkes points out that the licensing model has failed in two other states.
“Licensing models are proven to create a two tiered industry, whereby a small number of brothels are legal and the majority of the industry operates illegally,” she said.
She also claims that moving brothels into industrialised areas will mean sex workers will be at greater risk, as they are in areas often poorly lit and isolated.
However, the legislation is not a done deal.
Liberal MPs are being given a conscience vote on the issue and backbencher Peter Abetz has confirmed he will not be supporting the laws.
Mr Abetz says that while he agrees with parts of the legislation, he is morally bound to vote against it.
“The difficulty that I have with the legislation is that it, in a sense legitimises prostitution, it gives it state sanction,” he said.
“And that’s something that philosophically I really struggle with.
“Without some kind of sunset clause of phasing out the sex industry as a legitimate industry, I would have difficulty supporting it.”
The Independent Kalgoorlie MP John Bowler says he will support it, if the town’s infamous Hay Street brothels are given an exemption from the residential ban.
“The vast majority of Goldfields people have supported the retention of the Hay Street brothels, it works well,” he said.
“They’re a tourist attraction.
“We’ve got two of the three remaining brothels that have tours and they provide employment and I suppose something a little bit different for the tourists.”
Mr Porter says the Hay Street brothels are located in a mixed residential area which would prevent them from acquiring a licence but an exemption may be granted, similar to one in Perth.
“Whether or not people in Kalgoorlie, or the Kalgoorlie community want a similar exemption for Hay Street is something that they will no doubt come to the government on,” he said.
Not the answer
Ms Watson says legalising the profession is not the answer.
“Wherever prostitution has been legalised, crime will proliferate,” she said.
“If our politicians are really serious about drug issues and stamping down on prostitution they should say be saying ‘hey this is not going to happen in my town or on my watch’.”
Ms Fawkes, who is now chief executive officer of the national body representing sex workers, the Scarlet Alliance, says sex workers already face discrimination and forcing them to register their details will make it worse.
“Sex worker experience high levels of discrimination and stigma in Western Australia; sex workers are rightly reluctant to have their details on a register,” she said.
“Sex work experience is used against sex workers and their families and has resulted in sex workers losing custody of their children and being victims of harassment.
“A private sex worker would need to gain council approval, gain a license from Racing, Licensing and Liquor and operate outside of a residential area in order to work legally.”
“What sex worker is going to do that?”
Topics: state-parliament, prostitution, perth-6000
first posted November 04, 2011 21:01:15
