Latest Criminal Law Updates in Australia for 2025
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Queensland opens new Wacol Youth Remand Centre
Date: 29 March 2025
Source: Queensland Government
The new Wacol Youth Remand Centre has officially opened, increasing capacity in Queensland’s strained youth detention system and reducing the number of youths held in watchhouses.
Centre will help restore consequences for action for youth crime and implement better rehabilitation. Youth offenders will have access to educational, medical and rehabilitation programs, halting the revolving door of youth crime.
Youth offenders will be moved into the new facility this week, with many facing charges under the Crisafulli Government’s tough new Adult Crime, Adult Time laws.
The new 76 bed facility feature state of the art security management systems as well as access to education and vocational training, rehabilitation programs, health care and support services.
Queensland’s youth detention centres have been operating above safe capacity since 2022, forcing juveniles to be stuck in watchhouses without sufficient rehabilitation.
Under the former Government, the reoffending rate for youth leaving detention was 94 per cent. Despite the new facility being subject to major delays, the new Government has acted fast to open the Wacol Youth Remand Centre and delivered funding to extend the Caboolture Youth Hub.
Minister for Youth Justice and…
NSW registrars no longer able to make bail decisions — domestic violence reforms boosted
Date: 29 March 2025
Source: NSW government website
New rules require all bail decisions in NSW courts to be made by a magistrate or judge while tough new penalties will apply for breaches of Apprehended Domestic Violence Orders (ADVO).
The NSW Government has invested $39 million to increase the capacity of the courts to support the reforms, with 35 audio-visual courtroom upgrades to improve remote hearing facilities across a range of matters including bail hearings.
The funds were announced last year and formed part of a package of $245.6 million in the 2024-25 NSW Budget to address domestic and family violence through primary prevention, earlier intervention and crisis responses.
Magistrates and judges to make bail decisions
Registrars will continue to play an important role in the administration of our courts but no longer have the legal power to make bail decisions.
The laws, announced last year to reform how the justice system handles cases of domestic and family violence, came into effect this month.
All first appearance bail applications are now managed through a Centralised Bail Court at Parramatta Children’s Court, with the number of acting magistrates increased from three…
NSW Local Court online registry hacked
Date: 26 March 2025
Source: NSW Government
Cybercrime detectives are investigating a major data breach involving the Department of Communities and Justice (DCJ).
Cybercrime detectives commenced an investigation under Strike Force Pardey and are working closely with DCJ in order to contain the breach after approximately 9000 sensitive court files, including apprehended violence orders and affidavits, were downloaded.
Officers attached to the State Crime Command’s Cybercrime Squad were alerted of the breach to the NSW Online Registry Website (ORW), a secure online platform that provides access to information involved in both civil and criminal cases across the NSW court system.
Investigations remain ongoing to establish the full extent of the breach.
Victoria introduces “toughest” changes to children’s bail conditions
Date: 26 March 2025
Source: Shaun Pascoe, Pascoe Criminal Law; Parliament of Victoria
Describing the proposed changes to Victoria’s Bail Act as “introducing the toughest bail laws in the country”, Premier Jacinta Allan, stated they were necessary to better protect the community from repeat and serious offending.
In her Second Reading Speech, the Premier said the changes were targeted squarely at the risks of people committing serious crimes while out on bail. These new laws would ensure that community safety will be a key priority in all bail decisions for offenders of all ages.
Maximising community safety was of overarching importance in all bail decisions, reintroduce bail offences and toughen the bail tests for the worst of crimes.
The Premier said,” These changes will jolt the system and send an unambiguous message: bail must be respected.”
The Bail Amendment (Tough Bail) Bill 2025 was passed and has amended the Bail Act 1977 (Vic), which governs how bail decisions are made, particularly for children charged with serious and repeated criminal offending.
Other than ss 11 and 12, the amended Act comes into effect on 26 March 2026.
Community safety
- A new ‘Guiding Principle’…
Australian victims warned over Binance cryptocurrency exchange impersonation scams
Date: 20 March 2025
Source: Australian Government
The National Anti-Scam Centre (NASC), in partnership with the AFP-led Joint Policing Cybercrime Coordination Centre (JPC3), has reached out to more than 130 potential victims alerting them to the impersonation scam targeting the Binance cryptocurrency exchange. The victims were identified through messages found on an end-to-end encryption platform.
Authorities have hit send on a text and email blitz to warn Australian cryptocurrency customers about scammers impersonating a high-profile exchange.
In scams similar to what is seen in traditional finance, targets were allegedly contacted via SMS and encrypted messaging platforms by someone claiming to be a Binance representative who said their cryptocurrency accounts had been breached.
The messages allegedly contained fake verification codes and were often “spoofed”, meaning they appeared in a legitimate existing message thread from the well-known cryptocurrency exchange.
A support phone number was also sent, but when the targets called it, they were instructed to protect their accounts by transferring their cryptocurrency to a “trust wallet’” which was controlled by the scammer and allowed the assets to be stolen.
Under Operation Firestorm, a global operation launched in 2024 to address and disrupt…
Making Queensland Safer Act 2024 passed — changes to youth crime penalties implemented
Date: 19 March 2025
Source: Queensland Government
The Making Queensland Safer Act 2024 (the MQS Act) received assent on 13 December 2024. Some of the provisions in the MQS Act commenced on assent, and some are to commence by proclamation once necessary implementation work has been completed.
The amendments to the Youth Justice Act 1992 that commenced on assent:
- provide that children who commit specified offences are liable to the same maximum, mandatory, and minimum penalties as adults;
- remove the principle of detention as a last resort, and the principle that a non-custodial order is better than detention in promoting a child’s ability to reintegrate into the community;
- promote the consideration of the impacts of offending on victims in the Charter of Youth Justice Principles and when sentencing a child;
- alter the process for the transfer of 18-year-old detainees from youth detention centres to corrective services facilities.
The Childrens Court Act 1992 has been amended to:
- include a relative of the victim among the classes of persons able to be present during criminal proceedings;
- remove the ability of the court to make an exclusion order in relation to…
New NSW legislation modernises jury service
Date: 17 March 2025
Source: NSW Government
The passing of the Jury Amendment Act 2024 (NSW) makes several improvements to streamline processes for jurors, the courts and the NSW Sheriff’s Office.
The new legislation expands employment protections for jurors who are working part-time and allows jury summons and notices to be sent by email instead of post.
Following a review of District Court and Supreme Court indictable processes, the changes came into force from March 10 and include:
- Expanding employment protections for jurors to include part-time employees. Employers will no longer be able to make part-time workers use their leave or undertake additional work because they are summoned to serve on a jury. These protections previously only applied to full-time and casual workers.
- Allowing the NSW Sheriff’s Office to send a jury summons, notice or other document by email, rather than by post, in circumstances where a potential juror has consented to the use of their email address and provided it for that purpose.
- Allowing the Sheriff of NSW to investigate a wider range of improper conduct by jurors during a trial. Sheriff’s officers will also be able to investigate improper conduct by third…
Victoria allows discretion when driving under the influence of medicinal cannabis
Date: 13 March 2025
Source: Shaun Pascoe, Pascoe Criminal Law
Following amendments to the Road Safety Act 1986 (Vic), courts now have a discretion not to impose licence loss for motorists who test positive for prescribed medicinal cannabis.
Section 50 (1F) as inserted into the Road Safety Act 1986 (Vic) by the Roads & Road Safety Legislation Amendment Act 2024 (Vic) came into force on 1 March 2025. The effect of this provision is that if a motorist is detected with cannabis, the Court now has a discretion not to impose licence disqualification if the motorist can establish that they had been legally prescribed medicinal cannabis.
The wording of the new subsection is:
"(1F) If an offence under section 49(1)(bb), (h) or (i) is in relation to the use of a prescription drug that is a legal medicinal cannabis product by a person in accordance with a prescription or other authority, on convicting the person, or finding the person guilty of an offence under section 49(1)(bb), (h) or (i)—
- subsection (1E) does not apply; and
- the court may, if the offender holds a driver licence or learner…
ABS reports the lowest number of offenders in 16 years
Date: 6 March 2025
Source: Lowest number of offenders in 16 years
According to the latest figures from the Australian Bureau of Statistics (ABS), the number of offenders proceeded against by police in 2023-24 fell to its lowest level since the time series began in 2008-09.
Samantha Hall, ABS head of crime and justice statistics, said: "There were 340,681 offenders in Australia in 2023-24, a fall of 2 per cent from the previous year.
“Accounting for population growth, 2023-24 marked the lowest offender rate since we started collecting this data in 2008-09. The rate is now down to 1,430 offenders per 100,000 people. This was largely due to a fall in illicit drug and public order offences, with both categories reaching record lows for the time series.
“Illicit drug offending has generally been falling over the last eight years with the offender rate at 202 offenders per 100,000 people in 2023-24 versus 399 offenders per 100,000 people in 2015-16.”
Despite the overall fall in offenders, family and domestic violence related offenders rose to 90,697 offenders in 2023-24, up 3 percent since 2022-23. This was driven by a rise in assault, which went…
$21.4 million package announced to strengthen support for sexual violence victims
Date: 6 March 2025
Source: Attorney-General’s Department
The Federal Government has tabled the Australian Law Reform Commission’s (ALRC) inquiry into justice responses to sexual violence report and announced a $21.4 million package to strengthen support for victims and survivors.
Victims of crime don’t always have faith that the justice system will deliver justice – 92% of women chose not to go to the police after they were sexually assaulted, and for those who do, up to 85% of sexual violence reports made to police do not progress to a charge.
The government initiated the ALRC inquiry to examine how the experience of victims and survivors of sexual violence in the justice system can be improved, including by examining relevant laws and legal frameworks, justice sector practices, support services and transformative approaches to justice, while maintaining the central right to a fair trial.
The report: Safe, Informed, Supported: Reforming Justice Responses to Sexual Violence, found there are systemic barriers to reporting sexual violence and engaging with the justice system. When victims and survivors do engage in the justice system it often causes further harm or re-traumatisation.
The government will invest $21.4…
Cryptocurrency conversion leads to suspected proceeds of crime charges
Date: 5 March 2025
Source: Australian Securities & Investments Commission (ASIC)
The Australian Securities & Investments Commission (ASIC) has charged company director, Brendan Gunn for dealing with money reasonably suspected of being proceeds of crime.
Brendan Gunn of Camp Hill Queensland, appeared in the Sydney Downing Centre Local Court charged with one offence against s 400.9 (1) of the Criminal Code alleging that between about 19 March 2020 and 15 May 2020 he dealt with money or other property, reasonably suspected of being the proceeds of crime of $100,000 or more.
The matter is being prosecuted by the Commonwealth Director of Public Prosecutions following an investigation and referral by ASIC.
It is alleged that Mr Gunn dealt with two bank cheques, which contained the proceeds of four investment amounts totalling $181,000 made by three victim investors who deposited funds for conversion to cryptocurrency.
Mr Gunn was a director of Mormarkets Pty Ltd, a company which accepted deposits from Australians for conversion to cryptocurrency and other purported overseas investment opportunities.
On behalf of Mormarkets Pty Ltd, Mr Gunn sought to open a series of bank accounts on an ongoing basis to receive…
NSW to ban private electronic monitoring on bailed persons
Date: 4 March 2025
Source: NSW Government
The NSW Government is set to ban private electronic monitoring for people on bail.
This change will require legislation which the government will develop in consultation with stakeholders, including police and victims' advocates, with community safety front of mind.
A ban on private electronic monitoring for bail will not impact other types of electronic monitoring managed by Corrective Services NSW, such as mandatory electronic monitoring for serious domestic violence offenders introduced in 2024 or for offenders on parole.
Currently, individuals can ask courts to order private electronic monitoring as part of their bail conditions if they nominate and offer to pay for a provider, which can cost these individuals thousands of dollars per year. Courts can order private electronic monitoring as a bail condition if a judicial officer is satisfied that the condition is reasonably necessary to address a bail concern, and the monitoring meets prescribed minimum standards.
Around 120 people on bail in NSW are currently being monitored by private companies and there are several businesses providing this service in NSW. The Government will work to put in place transitional arrangements to ensure…
NSW DPP reviews its handling of sexual offences
Date: 27 February 2025
Source: Sexual Assault Review Report
Following public commentary from some District Court judges, in March 2024 the Director of Public Prosecutions (ODPP) resolved to undertake a review of adult sexual offence matters to ensure that these prosecutions are conducted fairly, impartially, and in accordance with the New South Wales Prosecution Guidelines (Prosecution Guidelines).
The Sexual Assault Review (the Review) examined all adult sexual assault matters with a trial or special hearing listing in the NSW District Court from 1 April to 31 December 2024. Every year the ODPP prosecutes approximately 18,000 matters.
The Review analysed 327 matters. In 310 of those matters a determination was made to proceed to trial. Seventeen matters were discontinued. Of these, nine were discontinued on evidentiary grounds and eight were discontinued on a combination of discretionary and evidentiary grounds. The percentage of matters discontinued in 2024 is consistent with the average rate of discontinuance of sexual assault matters from 2018 to 2023.
The Review examined levels of compliance with the Prosecution Guidelines. In 316 of the 327 matters considered, the Prosecution Guidelines were properly applied. In the 11 matters where the Prosecution Guidelines…
Organised crime syndicate members charged over failed plot to import 110kg methamphetamine
Date: 21 February 2025
Source: Australian Federal Police
The AFP charged three men after the Australian Border Force (ABF) intercepted an air cargo shipment suspected to contain the illicit drugs, which were sent from south-west Asia.
It is alleged the shipment contained hip flasks in 400 boxes that were allegedly manufactured from methamphetamine.
Three men with alleged links to Iranian organised crime have been charged with attempting to import boxes fabricated out of methamphetamine.
A Melbourne man, 40, a Baulkham Hills man, 41, and a Telopea man, 46, have been charged with attempting to possess a commercial quantity of a border-controlled drug.
The three men appeared before the Downing Centre Local Court and have been remanded into custody to reappear on 16 April 2025.
The men each face a maximum penalty of life imprisonment for attempting to possess a commercial quantity of a border-controlled drug, contrary to s 307.5(1) by virtue of subsection 11.1 of the Criminal Code (Cth).
Forensic testing established the consignment contained about 110kg of methamphetamine with street value of about $101,750,000 and potentially sold as 1,100,000 individual street deals.
The AFP removed the illicit…
Warning that unrestricted chatbots can encourage child “addiction”
Date: 18 February 2025
Source: New safety advisory warns unrestricted chatbots threaten child development
The first of eSafety’s new Online Safety Advisory series warns chatbots are exposing children to unmoderated conversations which may encourage or reinforce harmful thoughts and behaviours.
Children are using AI-driven chatbots for hours daily, giving them interactive access to unrestricted themes from sex to drug-taking, self-harm, suicide and serious illnesses, such as eating disorders.
eSafety Commissioner Julie Inman Grant said most AI-driven chatbots were not designed with safety in mind and children were not developmentally ready for the risks.
“AI companions can share harmful content, distort reality and give advice that is dangerous,” she said.
“In addition, they are often designed to encourage ongoing interaction, which can feel ‘addictive’ and lead to overuse and even dependency.
“It’s time for big tech to move on from the era of ‘moving fast and breaking things’, especially when it come to our children.
“The industry must embrace Safety by Design as an immediate priority to anticipate risks and ensure products are safe from the outset.
“In the meantime, eSafety offers information, support and advice through eSafety.gov.au, including our new Online Safety…
On 11 February 2025, Senator the Hon Penny Wong, being the Minister for Foreign Affairs, designated five Russian individuals and one Russian entity for targeted financial sanctions and travel bans in response to significant cyber incidents that occurred, at least in part, outside Australia. The sanctions came into effect on 12 February 2025.
Read the statement from DFAT here:
The sanctioned entity is subject to targeted financial sanctions. Five employees of that entity are subject to both targeted financial sanctions and to travel bans.
The sanctioned entity and persons
The targeted entity is:
- ZServers (also known as XHOST Internet Solutions LP; XHOST; ISXHOST – based in the Siberian city of Barnaul).
The targeted persons, who are each employees of ZServers, are:
- Aleksandr Sergeyevich Bolshakov;
- Aleksandr Igorevich Mishin;
- Ilya Vladimirovich Sidorov;
- Dmitriy Konstantinovich Bolshakov; and
- Igor Vladimirovich Odintsov.
The legal basis for the sanctions
These sanctions fall within the ambit of Australia’s autonomous sanctions regime, specifically under the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Thematic Sanctions) Amendment (No. 1) Instrument 2025…
DFAT sanctions Russian cybercrime actors
Date: 13 February 2025
Source: Australian Government Department of Affairs and Trade (DFAT)
Background
On 11 February 2025, Senator the Hon Penny Wong, being the Minister for Foreign Affairs, designated five Russian individuals and one Russian entity for targeted financial sanctions and travel bans in response to significant cyber incidents that occurred, at least in part, outside Australia. The sanctions came into effect on 12 February 2025.
Read the statement from DFAT here:
The sanctioned entity is subject to targeted financial sanctions. Five employees of that entity are subject to both targeted financial sanctions and to travel bans.
The sanctioned entity and persons
The targeted entity is:
- ZServers (also known as XHOST Internet Solutions LP; XHOST; ISXHOST – based in the Siberian city of Barnaul).
The targeted persons, who are each employees of ZServers, are:
- Aleksandr Sergeyevich Bolshakov;
- Aleksandr Igorevich Mishin;
- Ilya Vladimirovich Sidorov;
- Dmitriy Konstantinovich Bolshakov; and
- Igor Vladimirovich Odintsov.
The legal basis for the sanctions
These sanctions fall within the ambit of Australia’s autonomous sanctions regime, specifically under the Autonomous Sanctions (Designated Persons and Entities and Declared Persons – Thematic Sanctions) Amendment (No. 1) Instrument 2025…
Watch out for Valentine’s Day scams!
Date: 11 February 2025
Source: Don’t let scammers leave you broken hearted
NSW residents searching for love this Valentine’s Day are being warned to guard their hearts – and wallets – against charming con artists posing as the real deal.
In 2024, scammers managed to steal more than $8.9 million from NSW residents using romance scams, according to ScamWatch.
Fraudsters are skilled professionals at lying and deceiving their victims and seemingly there is no age limit, with all age groups represented in 798 reports of romance and dating scams last year in NSW including under 18s.
Tips to avoid falling victim to a romance scam include:
- Minimise the amount of personal info on your dating profile and adjust your privacy settings. Limit the disclosure of full names, addresses, work, location, and information about any children.
- Keep conversations on the app. Online safety features on the app can only protect people while they’re using the app.
- Look out for suspicious photos or profiles. Many dating apps now include verified photos which show a person is legitimate. An image search can also determine if a person is who they say they are.
- Set up multi-factor authentication for accounts…
NSW passes tougher antisemitism laws
Date: 6 February 2025
Source: https://www.nsw.gov.au/ministerial-releases/tougher-laws-against-antisemitism-and-hatred-nsw
The New South Wales Government (NSW) has announced a series of tough new measures to crack down on a recent escalation of troubling graffiti, racial hatred and antisemitism in the community.
The package of reforms will help give police and the community additional powers and resources to respond to disgusting acts of racial violence and hatred.
The reforms send a strong message about the seriousness of committing acts of racial hatred and antisemitism, and the NSW Government’s commitment to send a clear message to perpetrators that they will be held responsible for these acts.
In response to recent appalling attacks, the NSW Government has:
- Introduced a new criminal offence for intentionally inciting racial hatred, with a proposed maximum penalty of 2 years imprisonment.
- Introduced a new offence in s 93ZA of the Crimes Act 1900 directed at the display of a Nazi symbol on or near a synagogue, with an increased maximum penalty to 2 years imprisonment, and clarifying that graffiti is a “public act”.
- Expanded the aggravating circumstance that applies on sentence when an offence is motivated by hatred or prejudice to ensure that it applies whether a…
WA Government funds $2 million FDV training for justice sector
Date: 30 January 2025
Source: Cook Government funds $2 million FDV training for justice sector
The West Australian Government has announced a $2 million specialised training initiative that will help over 5,000 frontline professionals in the justice system better identify and respond to family and domestic violence.
Specialised training will be introduced for police officers, legal professionals, court staff and custodial officers to support system-readiness for criminalising coercive control.
Funding included as part of the Government's record investment of more than $250 million since convening the Family and Domestic Violence Taskforce.
Under the Legal and Justice Sector First Responder Training Initiative, first responders at the Department of Justice and WA Police will receive targeted training to assist their role in supporting victim-survivors and holding perpetrators to account.
This will include police officers, adult community corrections officers, youth justice officers, and staff working in custodial roles.
In addition, dedicated funding has been committed to develop Aboriginal-led training about family violence and the unique experiences facing Aboriginal victim-survivors engaging with the justice system.
As part of the initiative, Legal Aid WA will design and deliver a targeted coercive control training program for…
Research shows 1 in 4 girls sexually propositioned online before adulthood
Date: 23 January 2025
Source: 1 in 4 girls sexually propositioned online before adulthood: latest research
The eSafety agency is asking families to urgently prioritise online safety conversations as new research shows more than 1 in 4 girls (26.3%) have experienced online sexual solicitation by an adult before they turn 18, often as young as age 11.
Joint eSafety research with Queensland University of Technology, led by child safety expert Professor Ben Mathews, found online sexual solicitation often begins at an early age, with 80% of targets saying it started by age 15 and 25% reporting it began before age 12.
Alarmingly, 86.7% of perpetrators were total strangers, underscoring the risks posed by anonymous online interactions.
Based on data from the Australian Child Maltreatment Study (ACMS) the research surveyed 3,500 young people aged 16 to 24, exposing the troubling prevalence of online sexual victimisation (OSV) in Australia.
Overall, 17.7% of all children and young people surveyed had experienced online sexual solicitation by an adult, with girls facing a significantly higher risk compared to boys (7.6%).
The study also confirmed the non-consensual sharing of sexual images is a widespread problem…
Review launched into Qld Blue Card Child Protection System
Date: 21 January 2025
Source: Queensland Government
The Queensland Government has launched a major inquiry into the failures of the Blue Card Child Protection, led by QFCC Child Death Review Board Chair, Luke Twyford.
The Inquiry delivers on a key 100 Day Plan commitment and will hear from Queensland families directly impacted by convicted paedophile Ashley Paul Griffith.
The inquiry will be undertaken by the Queensland Family and Child Commission (QFCC) Child Death Review Board, with the Terms of Reference focused on system responses to child sexual abuse, including those that failed to protect children from convicted paedophile Ashley Paul Griffith.
Under the leadership of Child Death Review Board Chairperson Luke Twyford, the inquiry will identify weaknesses in laws, policies, procedures and practices, across early childhood education and care, police, and blue card systems.
Premier David Crisafulli said the Inquiry would uncover system failings and deliver recommendations needed to improve Queensland’s child protection system framework.
“This Inquiry is what is needed to bring child protection weaknesses into the light and protect children from the danger lurking in the shadows,” Premier Crisafulli said.
“When parents drop their children off at childcare or…
Victoria appoints dedicated magistrate for repeat youth offenders
Date: 20 January 2025
Source: Victoria Government
The Victorian Government has increased the capacity of the Children’s Court to hear criminal cases, including those involving repeat youth offenders, with the appointment of a dedicated magistrate.
Magistrate Julie O’Donnell will start in the Children’s Court to help ensure repeat youth offenders have their cases heard quickly and that there’s continuity in who hears them – ensuring these offenders are held accountable for their actions.
Ms O’Donnell brings more than 35 years’ experience in the legal system to the role and has focused extensively on criminal and child protection cases throughout her career, having most recently served at the Latrobe Valley Magistrates’ Court since 2022.
Previously she served at Dandenong Magistrates’ Court for more than a decade, as well as working as a senior lawyer at Victorian Legal Aid earlier in her career.
Attorney-General Sonya Kilkenny said,
“Ms O’Donnell will be a great asset to the Children’s Court. Her wealth of experience and expertise will ensure consistency in hearings and more accountability for repeat youth offenders.”
“We know there is a group of repeat offenders driving the rise in serious crimes – that’s why we’re taking…
Selden Society lecture program announced
Date: 17 January 2025
Source: Selden Society lecture program
The Supreme Court Library Queensland on behalf of the Selden Society—Australian Chapter hosts an annual program of entertaining and informative lectures featuring prominent and renowned guest speakers covering a range of topics focused on legal heritage.
All lectures will be held in the Banco Court at:
Level 3
Queen Elizabeth II Courts of Law
415 George Street, Brisbane.
The lectures are free to attend and will also be livestreamed. They are also recorded for the benefit of the Society’s wider membership. The videos can be accessed from this website or from the library's YouTube channel. The lectures are also converted to podcasts which can be accessed via iTunes or Spotify.
Registrations typically open 4 weeks prior to the event — details will be made available for each lecture closer to the date.
Tech giants must now tackle worst-of-the-worst online content
Date: 19 December 2024
Source: New world-first standards set new rules for how tech giants must tackle worst-of-the-worst online content
Australia has set world-first industry standards that require global tech giants to tackle the most harmful online content including child sexual abuse material and pro-terror content.
The two standards, developed by the eSafety Commissioner and registered with the Australian Parliament in June, reached the end of their Parliamentary Disallowance period on the 18th of November and came into force on the 22nd of December.
The Designated Internet Services (DIS) and Relevant Electronic Services (RES) standards require file and photo storage services, like Apple iCloud, Google Drive and Microsoft OneDrive, as well as chat and messaging services, to prevent their products being misused to store and distribute this harmful material.
The standard will also cover so called “nudify apps” that use generative AI to create pornogropic tree ng crim na g aphy or “nudify” images without effective controls to prevent the generation of material such as child exploitation and abuse content. The online marketplaces that offer generative AI “models” are also captured by the requirements.
The two standards will sit alongside six industry codes already…
Serious and organised crime is costing the Australian community more than ever
Date: 19 December 2024
Source: The cost of serious and organised crime is hitting home more than ever
The Australian Institute of Criminology and the Australian Criminal Intelligence Commission have released updated figures for the cost of serious and organised crime in Australia. The Institute estimates that it cost up to $68.7 billion a year in 2022–23, compared to $60.1 billion in 2020–21.
Australian Institute of Criminology (AIC) Director and Australian Criminal Intelligence Commission (ACIC) CEO Heather Cook said this figure highlights the ever-increasing impact of serious and organised crime on the Australian community.
“The $68.7 billion cost of serious and organised crime represents more than $2,500 for every person in Australia. Imagine the difference this money could make to the Australian community if it was spent on essential services like education, healthcare or emergency responses instead.”
“Criminal networks are focused on maximising profit at the expense of our national security and the wellbeing of the Australian community,” said Ms Cook.
The impact of serious and organised crime on the Australian economy continues to impose a substantial burden on all Australian sectors.
As part of this assessment, the…
Second National Strategy Report on preventing child sexual abuse released
Date: 16 December 2024
The Attorney-General, the Hon Mark Dreyfus KC MPT has released the Second Annual Report on the progress made by governments under the National Strategy to Prevent and Respond to Child Sexual Abuse 2021—2030 (National Strategy).
The report is being released on the seventh anniversary of the Final Report of the Royal Commission into Institutional Child Sexual Abuse in 2017.
All Australian governments are collaborating on the implementation of the National Strategy which responds to nearly 100 recommendations of the Royal Commission’s Final Report.
The National Strategy extends beyond the Royal Commission to prevent and better respond to child sexual abuse in all settings, including in the home, online and within organisations.
In June 2024, the National Strategy Monitoring and Evaluation Framework was released. The Framework will be central to the transparent and accountable implementation of the National Strategy.
The Australian Government launched a range of education and awareness raising resources in 2024, including ‘My superhero voice’, a multilingual children’s storybook which promotes safety and consent conversations and ‘The Shadows of the Web – Protecting our children in the digital world’, a documentary about the threat of…
Making Queensland Safer Laws given assent
Date: 15 December 2024
Source: Queensland Government
The Making Queensland Safer Laws have come into effect from 13 December 2024 following the Queensland Governor giving assent to the Bill. Key changes in the legislation include:
- Adult Crime, Adult time now in effect, detention as a last resort removed and the rights of victims put ahead of youth offenders.
- Queensland Children’s Court now open to victims, families, and the media.
- Police wanding laws will be made permanent in Queensland.
Known as Jack’s Law, the wanding legislation was named in honour of Queensland teenager Jack Beasley who was stabbed and killed on the Gold Coast in 2019 while on a night out with friends.
The laws allow police to use handheld metal detectors without a warrant in shopping and retail centres, sporting and entertainment venues, safe night precincts, licensed premises and on public transport.
Premier David Crisafulli said his government was focused on making the community safer. Premier Crisafulli said,
“We must take a zero tolerance approach to knife crime and making Jack’s Law permanent just makes sense.
“We will introduce the legislation as part of the second tranche of the Making Queensland Safer Laws next…
Landmark lift in NSW Local Court magistrate numbers
Date: 11 December 2024
Source: NSW government
The Attorney General has announced one of the largest appointments of judicial officers in the State’s history, with 11 new full-time magistrates joining the NSW Local Court.
The new group bring an enormous breadth of legal expertise to the State’s busiest court, including police prosecutors, NSW Office of the Director of Public Prosecutors (ODPP) barristers, and senior solicitors practising in the public and private sectors in Australia and overseas.
Five of the roles are new and six of the individuals will move into positions vacated by magistrates appointed to other jurisdictions, retiring magistrates or magistrates converting to part-time.
Initially, the magistrates will be posted in different parts of NSW, including regional circuits as part of their training, before presiding at a more permanent location.
The 11 appointments are a big boost for the Local Court, bringing the total number of magistrates to 159, which includes 26 magistrates in the Children’s and Coroner’s Court.
The appointees will be sworn in and commence as magistrates in early 2025.
Attorney General Michael Daley said:
“I am delighted to announce the appointment of 11 outstanding lawyers to the Local…
Cultural storytelling aims to increase awareness of coercive control
Date: 9 December 2024
Source: WA government
Developed by a Western Australian Aboriginal creative agency in consultation with Aboriginal people, the “Coercive Control - A Story That's Not Ours” campaign complements the broader “Coercion Hurts” campaign currently in market.
The WA Government has launched a powerful advertising campaign for Aboriginal audiences aimed at increasing awareness that coercive control is a form of family and domestic violence. The family and domestic violence campaign uses cultural storytelling practices to raise awareness of coercive control.
A first-of-its-kind campaign in WA, “Coercive Control - A Story That's Not Ours” is grounded in cultural sensitivity, respect and empowerment, and designed to highlight examples of coercive control behaviour and how it can make a victim-survivor feel.
Developed by a WA Aboriginal creative agency, it highlights the importance of storytelling in Aboriginal culture and uses the voice of a female Aboriginal Elder speaking to her community about coercive control.
The campaign features narratives, imagery and music that resonate with Aboriginal culture, ensuring the messaging is both powerful and respectful.
Key to the campaign development has been the engagement with Aboriginal people, including those with lived experience, to ensure…
Warning over imports of alarming potent synthetic opioids
Date: 3 December 2024
Source: AFP warn over alarming potent synthetic opioids in 2024
Between January 2023 and September 2024, Australian Border Force (ABF) detected 64 imports of nitazenes at the Australian border. The imports originated from Hong Kong, the United Kingdom and Canada, and primarily were imported via the international mail stream.
The Australian Federal Police (AFP) is warning the community that no illicit drug use is safe and is particularly concerned about the nitazenes contained in cocaine, MDMA, GHB, and counterfeit pharmaceuticals.
Nitazenes are synthetic opioids and are sold in a variety of forms, including powders, tablets, nasal sprays, and vape liquids, and can be marketed and sold as non-opioid substances like cocaine, MDMA, GHB, and counterfeit pharmaceuticals.
They are extremely potent and 10 times more potent than fentanyl. They can have serious and unpredictable health effects, including loss of consciousness, shallow or stopped breathing, bluish purple skin, slow or erratic pulse, or death.
AFP Forensics has analysed a significant portion of seized nitazenes. There is no evidence to indicating nitazenes are being manufactured in Australia.
AFP Commander Paula Hudson said the AFP considered nitazenes to pose a greater threat…
More Victorian bail amendments come into force
Date: 2 Dec 24
The Bail Act 1997 (Vic) (‘the Act’) has been amended by the Youth Justice Act 2024 (Vic). The following table sets out the effect of these amendments.
Shaun Pascoe, Pascoe Criminal Law
|
Section |
How section amended |
|
4E – All offences – unacceptable risk test (commenced 11/9/24). Subpara (iaaa) commenced 2/12/24. |
Insertion of new subparagraph (iaa) “commit a Schedule 1 offence of a Schedule 2 offence) and the insertion of example offences: An unacceptable risk that the accused, if released on bail, would— (a) drive dangerously; or (b) commit a family violence offence; or (c) commit an aggravated burglary; or (d) commit an armed robbery; or (e) commit a carjacking; or (f) commit a home invasion |
|
5AAA – Conduct conditions (commenced 11/9/24) Subpara (aa) commenced 2/12/24. |
Insertion of new subparagraph: (aa) commit a Schedule 1 offence or a Schedule 2 offence; or and insertion of example offences: Example A bail decision maker may impose a condition in order to reduce the likelihood that the accused may— (a) drive dangerously; or (b) commit a family violence offence; or (c) commit an aggravated burglary; or (d) commit an armed robbery; or (e) commit a carjacking… |
NSW Government welcomes “age-restricted” ban on social media platforms
Date: 29 November 2024
Source: NSW Government welcomes social media ban for children under 16
The NSW Government has welcomed the Federal Government’s ban on social media for children under 16 following the passing of the Online Safety Amendment (Social Media Minimum Age) Bill 2024 by Parliament this week.
The laws place the onus on social media platforms – not young people or their parents – to take reasonable steps to prevent Australians under 16 years of age from having accounts and ensures systemic breaches will see platforms face fines of up to $49.5 million.
The minimum age will apply to “age-restricted social media platforms” as defined in the Bill, which includes Snapchat, TikTok, Facebook, Instagram, X and others.
Premier of NSW Chris Minns said:
“I want to congratulate the Albanese Government on passing these laws. They are world leading.”
“I’ve said before, social media is this giant global unregulated experiment on children, and we have to change that.
“The parents I speak to and certainly the evidence acknowledges that social media is doing an enormous amount of harm to young people.
Premier Minns said he was pleased that there now is a…
New federal legislation strengthens sexual abuse evidentiary protections
Date: 29 November 2024
Source: Attorney-General’s portfolio
Federal Parliament has passed landmark legislation to improve the experience of victims and survivors of sexual violence in the justice system, making a fitting conclusion to the 16 Days of Activism against Gender-Based Violence.
The Albanese Government is deeply committed to improving criminal justice responses to sexual assault which can have devastating, cumulative and long-lasting effects on the lives of victims and survivors, their families and communities.
The Crimes Amendment (Strengthening the Criminal Justice Response to Sexual Violence) Bill 2024 will:
- ensure that victims and survivors can speak out about their experiences if they wish, and allow media or others to identify them with their consent;
- place greater restrictions on evidence relating to a person’s sexual experience and make evidence about sexual reputation inadmissible for all victims and survivors of child sexual abuse;
- enhance protection for vulnerable people who appear as complainants or witnesses;
- provide greater support to vulnerable people giving evidence by allowing recordings to be used in subsequent trials and retrials.
The Bill implements several outstanding recommendations from the 2017 Final Report of the Royal Commission into Institutional Responses to Child Sexual Abuse…
National Access to Justice Partnership receives largest ever funding increase
Date: 22 November 2024
Source: Attorney-General’s portfolio
The Standing Council of Attorneys-General (SCAG) has agreed to the terms of the new $3.9 billion National Access to Justice Partnership (NAJP), delivering a critical increase of $800 million in funding over five years from 2025-26 to the legal assistance sector.
The new NAJP is the largest investment from the Commonwealth in legal assistance ever. The NAJP will commence on expiry of the current National Legal Assistance Partnership (NLAP) on 30 June 2025.
The increased and ongoing funding will ensure essential frontline services can operate more effectively and help the most vulnerable in our community, including people experiencing family, domestic and sexual violence.
The new NAJP will provide:
- $558 million for Community Legal Centres and $276 million for Women’s Legal Services, a total of $833 million which is an increase of $354 million or 74% from the previous agreement.
- $367 million for Family Violence Prevention and Legal Services, an increase of $193 million or 112% from the Indigenous Advancement Strategy.
- $838 million for Aboriginal and Torres Strait Islander Legal Services, an increase of $326 million or 64% from the previous agreement, and
- $1.785…
NSW magistrates to be known as judges under historic changes to Local Court Act
Date: 20 November 2024
Source: NSW Local Court
Under proposed amendments to the Local Court Act 2007, NSW Local Court magistrates will be known as judges to reflect the seriousness and volume of work done in this jurisdiction.
The proposed amendments to the Local Court Act 2007, Judicial Officers Act 1986 and the Constitution Act 1902 will also apply to other judicial offices in the jurisdiction, including Chief Magistrate, Deputy Chief Magistrate, Children’s Magistrate, Chief Industrial Magistrate, Industrial Magistrate and Acting Magistrate.
The proposed amendments will replace the office of “Magistrate of the Local Court” with the office of “Judge of the Local Court” which will remain a statutory office.
The change aims to modernise the Local Court and will:
- reflect the seriousness and volume of work in this jurisdiction,
- recognise that judicial officers in the Local Court are all legally trained, and
- increase understanding of the role of judicial officers in the Local Court.
The NSW Local Court is the busiest court in Australia. Local Court magistrates make more than 90 per cent of judicial decisions in NSW, with the court’s workload increasing in volume…
Prisoners’ recycled metal artwork showcased in Gidgegannup Show
Date: 19 November 2024
Source: WA Government
A striking steel eagle sculpture created by a prisoner at Wooroloo Prison Farm has swooped in to claim the People’s Choice award at this year’s Gidgegannup Show. The artist donated the $500 prize to Telethon.
This year’s Gidgegannup Show brought out the best in the prisoners of Wooroloo Prison Farm, who not only helped set up the event, but entered prize winning art, craft, and produce.
The theme of this year’s Rustic Farm Art Awards, held at the community show, was a “trip to the tip” with a focus on using recycled materials to create the art.
“That was embraced by the men in the prison’s metal shop industries area,” Assistant Superintendent, Offender Services Michelle Osborne said. “They’ve used materials found around the prison farm grounds to produce fantastic results.”
The prize-winning 2 metre steel eagle, a life-sized R2-D2 replica, and metal bar stool and table set crafted by prisoners were all showcased at the Awards, which were created to support the Perth Hills community following the devastating 2021 Wooroloo bushfires.
“Seeing those amazing pieces come together and the pride the men take in creating…
Aboriginal prisoner numbers in NSW reach historic high
Date: 14 November 2024
Source: NSW Government
New figures released by the NSW Bureau of Crime Statistics and Research (BOCSAR) show that in September 2024, there were a record number of Aboriginal adults in custody in NSW (4,103 – up 311 or 8.2% since September 2023). Aboriginal adults now make up almost one-third (32%) of the adult custody population - the highest proportion on record.
As of September 2024, the NSW adult custody population was 12,897, which is up 625 inmates or 5% from September 2023. Aboriginal inmates account for half of the increase over the last 12 months (50%, or 311 of the additional 625 inmates).
Executive Director of the NSW Bureau of Crime Statistics and Research, Jackie Fitzgerald, says “The Aboriginal prison population is now over 4,000, with Aboriginal adults making up an increasing proportion of the prison population. Unlike the general prison population which remains 1,000 fewer people than prior to the pandemic, the number of Aboriginal adults in prison has soared (up 369 Aboriginal adults or 10% higher compared to February 2020). To put that in perspective, 1 in 27 Aboriginal men and 1 in 280 Aboriginal women in…
High Court confines vicarious liability to employment relationships (Bird v DP (a Pseudonym))
Date: 13 November 2024
Source: BIRD v DP (A PSEUDONYM)
Court: High Court of Australia
Judges: Gageler CJ, Gordon, Edelman, Steward, Gleeson, Jagot and Beech-Jones JJ
Judgment Date: 13 November 2024
Statutes — Interpretation — (VIC) Wrongs Act 1958 s 88 — Relevant organisation
Statutes — Interpretation — (VIC) Wrongs Act 1958 s 88 — Abuse
Negligence — Vicarious liability — Employment relationship — Scope of application
In a reversal of the Victorian Court of Appeal decision, the High Court has unanimously allowed an appeal in Bird v DP (a Pseudonym) [2024] HCA 41 which confirms that a finding of vicarious liability is confined to an employment relationship.
The decision of the Court of Appeal of the Supreme Court of Victoria dismissed an appeal by the nominated defendant for the Roman Catholic Diocese of Ballarat ("the Diocese") against a decision of the Supreme Court of Victoria, which held that the Diocese was vicariously liable for sexual assaults committed by one of its priests.
In 1971, the respondent ("DP") was sexually abused by a priest of the Diocese during pastoral visits to his parents' home. The priest was not an employee or "agent" of the Diocese, and his actions…
Victoria promises tough new laws to smoke out illicit tobacco sellers
Date: 12 November 2024
Source: Premier of Victoria website
Victorian Premier Jacinta Allan joined Minister for Casino, Gaming and Liquor Regulation Melissa Horne and Minister for Police Anthony Carbines to introduce the Tobacco Amendment (Tobacco Retailer and Wholesaler Licensing Scheme) Bill 2024.
The Bill will create a strict new licensing scheme, providing more powers to crack down on illicit tobacco and organised crime – with massive consequences for breaking the law.
It builds on the work of Victoria Police’s Taskforce Lunar, which has already seen more than 80 offenders arrested and $37 million worth of cash, vapes and illegal tobacco products seized.
Strict new licensing regime
The Bill will establish a tobacco business licensing scheme so tobacco can only be sold by licensed retailers.
A licence is only available for fit and proper persons who pass a strict test and a licence can be refused based a retailer’s history and known associates. This will help protect legitimate business from getting undercut by criminal syndicates and ban those who have criminal affiliations from having anything to do with this trade.
More powers
Victoria Police’s search powers will be increased to make…
Legal Aid NSW launches new client portal
Date: 7 November 2024
Source: NSW Labor Government
The NSW Labor Government has made a $1.6 million investment in a new digital one-stop-shop for the Legal Aid NSW, making it easier for their clients to access information about their case.
The new platform will provide clients with real-time updates, access to correspondence and easy document uploads, as well as information about preparing for court appearances and other legal appointments.
The client portal provides a secure digital tool optimised for mobile phone use, helping people without computers or with changing or non-permanent residential addresses. Using the new portal, clients will be able to photograph and upload documents via their mobile phone.
The new portal will also minimise the need for clients to call Legal Aid NSW because they will be directly notified of updates to their case.
In 2022/2023, Legal Aid NSW provided half a million client services, with 35 per cent of these in regional and rural areas.
The Government is investing in the new portal under new focus areas for the Digital Restart Fund (DRF) which prioritise accessible government services, enhanced cybersecurity and frontline worker support.
Legal Aid NSW expects the portal…
WA announces gun dealer firearms buyback
Date: 7 November 2024
Source: Government of Western Australia
The Cook Government has announced it will pay licensed gun dealers in Western Australia for surrendered stock ahead of the nation's toughest firearm laws coming into effect.
- WA firearms dealers can hand over guns to Western Australia Police in return for cash
- The dealer buyback offers business owners an opportunity to unload stock before implementation of the nation's toughest gun laws
- New regulations strengthen rules around supply of guns for hunting purposes
- Modernised licensing system to result in cost savings for gun owners
Between now and 17 January 2025, licensed WA firearms dealers can hand over guns to the WA Police in return for up to $1,000 in cash, depending on the type, style, calibre and age of each weapon.
The dealer buyback will see thousands of guns removed from towns and suburbs across the State and follows the success of the Cook Government's multimillion-dollar voluntary firearm buyback program, which resulted in close to 40,000 guns being handed in and destroyed over a six-month period.
It also allows individual firearm owners who chose not to participate in the previous buyback a further opportunity to sell…
Complaints about Victoria Police a success in 2023/24
Date: 29 October 2024
Source: www.ibac.vic.gov.au
The Victorian Independent Broad-based Anti-corruption Commission (IBAC) has tabled its annual report in Parliament outlining its key activities in 2023/24.
One new initiative for IBAC was piloting a dedicated team to assess and investigate single incident complaints about Victoria Police misconduct.
Over a six-month period, the pilot team assessed 94 complaints and notifications from community members at a higher risk of experiencing police misconduct including Aboriginal and Torres Strait Islander peoples, people with disability, and LGBTIQA+ people. The IBAC commenced 24 police personnel misconduct investigations as a result.
IBAC Commissioner Victoria Elliott said the pilot significantly decreased the time it took to assess complaints and notifications as well as the time to complete an investigation.
"The pilot resulted in IBAC making 13 formal recommendations to Victoria Police, with some investigations still in progress," Commissioner Elliott said.
"We will build on this success in the 2024/25 financial year with the establishment of an ongoing team to continue this important work."
In the reporting period, IBAC received 3155 complaints and notifications of alleged public sector corruption and police misconduct. Each complaint/notification can contain multiple allegations.
"Thank you to…
Law Council says locking up children should be a last resort
Date: 25 October 2024
Source: Law Council of Australia
The Law Council of Australia and Law Society Northern Territory are deeply concerned about these changes to NT legislation, from both a human rights and a rule of law perspective.
The Law Council and Law Society say that new laws passed in the Northern Territory are inconsistent with Australia’s international human rights obligations. These laws will likely result in First Nations children being detained in even greater numbers and undermine the presumption of innocence.
“These laws, which include lowering the minimum age of criminal responsibility to 10, are a retrograde step which flies in the face of reason and will simply place vulnerable children – many of whom are themselves victims of crime and neglect - on a pathway to more offending,” Law Society Northern Territory President, Mr Richard Henschke said.
There is overwhelming evidence that locking children up does not make our community safer and seriously harms the children concerned. In passing these Bills, the new Government spoke of jail time as being an opportunity for rehabilitation, but these laws appear to only focus on punishment, not addressing the disadvantage…
Revolutionising the legal profession: The reality and potential of AI
Date: 23 October 2024
Source: Beyond the hype: The reality and potential of AI
By Elena Tsalanidis and Justin Hansky, lawyers and founders of Deeligence, an AI-powered platform transforming the manual processes of due diligence. Elena is also a committee member of the Women of Australian Legal Technology Association (WALTA).
Artificial intelligence (AI) has generated a lot of excitement around its potential to revolutionise the legal profession.
A recent LexisNexis survey indicated that nearly half of lawyers in Australia and New Zealand have already used generative AI (Gen AI) tools for daily tasks, with most believing the technology will significantly influence the future of legal work.
Integrating AI effectively requires deep industry knowledge and targeted applications that address specific legal needs. Artificial intelligence will revolutionise the legal profession, but law firms should adopt a problem-first rather than technology-first approach.
Lawyers need to learn how to manage and interpret AI outputs, while ensuring accuracy and ethical use. AI models are often limited due to jurisdictional biases and data privacy issues, particularly those that are trained on US-centric data.
The initial consideration when assessing whether to use AI is to identify the…
Joy’s Law introduced to criminalise non-fatal strangulation
Date: 13 October 2024
Source:
The Victorian parliament has passed the Crimes Amendment (Non-fatal Strangulation) Act 2024 which includes two new offences to crack down on perpetrators and help the justice system better identify and deal with an incredibly dangerous act of violence – often taken against women.
This legislation has been referred to as Joy’s Law and would not be coming to effect without the tireless advocacy of the family of Joy Rowley whose life was cut short in her own home – where she should have been safe. Women will be further protected from family violence with stand-alone offences criminalising non-fatal strangulation that have now come into effect.
Research shows that victims of non-fatal strangulation are seven times more likely to be seriously injured or killed by their partner than other family violence victims.
Perpetrators who intentionally injure their victim will face up to ten years in jail – ensuring there are serious consequences for this violent and intimidating behaviour.
The second offence, which carries a maximum five-year sentence, applies even when no injury has occurred. This ensures better protection for victims who may not have visible injuries.
These laws will not apply when…
Albany prisoners exhibit a kaleidoscope of work
Date: 10 October 2024
Source: WA Government
More than 30 paintings by prisoners at the maximum-security facility, West Australian Albany Regional Prison are being displayed at Albany’s Vancouver Arts Centre for a month.
The artworks predominantly have been painted by Indigenous prisoners from the Great Southern as well as other regions of WA, depicting Culture, stories and land.
The prison’s art room has a strong cohort of artists including General Education students and a prisoner enrolled in Visual Arts studies at Curtin University through the Justice and Equity Through Art (JETA) program.
The exhibition is being supported by the City of Albany.
Department Director General Kylie Maj said art played a critical role in the rehabilitation and education of prisoners, while helping Aboriginal people stay connected to Culture and Country.
“We’re very grateful to the City of Albany for helping us to share with people in the Great Southern region artworks of the talented people in our care,” Ms Maj said. “It’s also a credit to the dedication of our staff and peer support prisoners.”
Albany Mayor Greg Stocks said the exhibition is a powerful demonstration of creativity and cultural expression.
“It not…
Report outlines technology-facilitated methods of domestic and family violence perpetration
Date: 3 October 2024
Source: Attorney-General’s portfolio, Australian Government
The NSW Attorney-General, the Hon Mark Dreyfus KC MP has highlighted the latest study conducted by the Australian Institute of Criminology (AIC), Technology-facilitated coercivecontrol which investigated the use of technology to facilitate controlling, monitoring, stalking, and emotionally abusive behaviours by intimate partners in domestic and family violence contexts.
Perpetrators of domestic and family violence are increasingly using advancements in communication and surveillance technologies to extend their abuse tactics. The study expressed concerns about the lack of understanding of technology-facilitated coercive control among frontline workers, including police, and in the community more broadly.
When victim‑survivors do realise that what is occurring is dangerous, police frequently view their reports as isolated incidents, rather than as patterns of behaviour, and diminished or dismissed them, overlooking the risks to women and children.
The range of technology-facilitated abuse varies from what can be described as relatively unsophisticated or “low tech”, such as abusive or threatening messages, through to more sophisticated or “high-tech” behaviours, such as surreptitiously installing malicious software on a victim-survivor’s mobile device to monitor their communications with others, or secretly installing hidden wireless cameras…
AFP Operation Kraken beheads global organised crime syndicate
Date: 18 September 2024
Source: AFP Operation Kraken charges alleged head of global organised crime app
The AFP has charged the alleged mastermind behind a secret app for criminals and violent enforcers during a global takedown of an encrypted communications network.
AFP Operation Kraken charged a NSW man, aged 32, for creating and administering Ghost, a dedicated encrypted communication platform, which the AFP alleges was built solely for the criminal underworld.
About 700 AFP members executed search warrants and provided support during two days of action across four Australian states and territories on September 17-18.
Near-simultaneous police action is being undertaken in Ireland, Italy, Sweden and Canada.
Up to 50 alleged Australian offenders accused of using Ghost are facing serious charges, including significant prison sentences. More Australian and international arrests are expected over the coming days.
It will be alleged the Australian offenders who used Ghost were trafficking illicit drugs, money laundering, ordering killings or threatening serious violence. In Australia, the AFP prevented about 50 threats to kill/harm.
Operation Kraken is law enforcement’s next take down of a dedicated encrypted communications platform. Law enforcement has previously infiltrated and dismantled criminal platforms such…
MERIT program expanded to reach more defendants across NSW
Date: 16 September 2024
Source: NSW GOVERNMENT
The successful NSW Magistrates Early Referral Into Treatment (MERIT) program is being expanded to help more people to access the support they need to address their alcohol and other drug (AOD) use.
The expansion will establish 29 new AOD MERIT sites and enhance 12 existing Drug MERIT sites to include alcohol treatment services. Sixteen new residential rehabilitation and nine new withdrawal management beds will also be established to facilitate priority access to AOD treatment for MERIT participants.
Prior to its expansion, MERIT was available at 62 Local Courts across NSW (55 Drug MERIT sites and 7 Alcohol and Drug MERIT sites). The extension will enable the program to reach approximately 93 per cent of eligible defendants across NSW through a total of approximately 89 sites by 2026.
MERIT is a voluntary pre-plea Local Court diversion program that provides access to a range of AOD treatment services for 12 weeks while court matters are adjourned. Adult defendants can be referred to MERIT by magistrates, police officers, lawyers, their families or themselves.
To participate in MERIT a defendant does not need an admission of guilt, but…
Beware of AI when preparing your submission
Date: 12 September 2024
Judgment: Handa and Mallick [2024] FEDCFAMC2F 957; BC202412301
Federal Circuit and Family Court of Australia — Division 2 Family Law
Judge A Humphreys
MLC 6910 of 2023
19 July 2024
Source: Handa v Mallick BC202412301
Relying on Artificial Intelligence to prepare your submission to the court, can lead to an unwanted referral to the Legal Services Board, as one unfortunate practitioner has recently discovered.
In a family law case in the Federal Circuit and Family Court of Australia, a solicitor, acting as agent for the husband’s solicitor, handed up a one page list of authorities to the Court. The case citations provided for each of the four listed cases corresponded with cases reported by names. The judge’s associate asked Mr B to provide copies of the authorities referred to in the list, and he was not able to do so.
His Honour asked the agent whether the list of authorities had been provided using artificial intelligence. The solicitor informed the Court that the list had been prepared from a legal software package using artificial intelligence.
His Honour indicated that he intended making an order that the solicitor be referred to…
Study examines impact of money laundering on organised crime
Date: 9 September 2024
Source: NSW Department of Communities and Justice
The Australian Institute of Criminology (AIC) has released a report which outlines the social and economic harms from money laundering and terrorism financing.
The Australian Transaction Reports and Analysis Centre (AUSTRAC) commissioned the study to identify current and emerging opportunities for money laundering and terrorism financing in Australia. These impacts were then assessed in the following terms:
- the potential for the impact to be relevant and significant in the Australian context;
- whether evidence was available to support the existence of the impact;
- the ability to measure the impact through empirical research; and
- the ability to attribute the impact to money laundering or terrorism financing.
The AIC examined the effect of money laundering on the harm associated with organised crime by using linked data on organised crime groups known to law enforcement from the Australian Criminal Intelligence Commission and suspicious transactions reported to the Australian Transaction Reports and Analysis Centre.
This study is the first step in assessing the social and economic harms associated with money laundering and terrorism financing in Australia.
Landmark court case highlights employers’ obligations to jurors
Date: 3 September 2024
Source: NSW Department of Communities and Justice
In a landmark court ruling, believed to be the first case brought against an employer threatening a juror, the court has highlighted the critical role jurors play in the criminal justice system and reminded employers of their obligations to staff called up for jury duty.
The Downing Centre Local Court found an employer guilty of threatening an employee who took recommended time off while serving jury duty on a murder trial.
The court heard the juror was called up for duty in a NSW Supreme Court murder case which ran from February to April 2023.
During the eight-week trial, the juror was rostered on to work three out of every four weekends in a vintage clothing shop in Sydney’s inner west.
However, she was advised by the judge to take weekends off to rest and process the case.
Despite two letters from the judge stating the juror was to rest on the weekends, the employer contacted her to say she had breached company policy by failing to fulfil her working hours.
Qld District Court introduces new protocol for sexual offence proceedings
Date: 2 September 2024
Source: Queensland courts
The Chief Judge has issued Practice Direction 3 of 2024 Sexual Violence Case Management introducing a new approach to sexual violence offence proceedings in the District Court of Queensland on 2 September 2024 in accordance with best practice principles.
This will include a Sexual Violence Case Management Pilot in both the Brisbane and Ipswich District Courts.
Sexual violence case management is expected to minimise delay in the court process, provide greater certainty to all court users, and reduce the potential for re-traumatisation of witnesses.
To support practitioners in preparing for implementation, the court held an information session on 15 August 2024 in Brisbane. Watch this seminar and refer to the sexual violence case management webpage.
Commissioners express their sadness at second death of a young person in WA detention
Date: 30 August 2024
Source: Australian Human Rights Commission
Australia’s Aboriginal and Torres Strait Islander Social Justice Commissioner Katie Kiss, National Children's Commissioner Anne Hollonds, and Human Rights Commissioner Lorraine Finlay have expressed their sadness and disappointment following the death yesterday of a First Nations teenager who was incarcerated in Western Australia’s Banksia Hill youth detention centre.
Commissioner for Children and Young People, Jacqueline McGowan-Jones also said,
“I am deeply saddened by the tragic death of a young person in custody in WA overnight. My thoughts and condolences go out to his family at this extremely difficult time.
“I recognise the profound impact this tragedy will have on the community, the boy’s family and the young people in detention.
“The State Government must do better. I made it clear in my press conference two weeks ago that we could not lose another life of a child in the State’s care.
“I am absolutely heartbroken that this has happened again.
“The State Government needs to focus on the individual needs of children and young people in detention and ensure that relational security is prioritised over physical security, which does not appear to be the case currently.
Victorians lost $76.5 million from scams in the last financial year
Date: 29 August 2024
Source: Sharing Stories To Stop Scammers
Data received from the National Anti-Scam Centre shows that Victorians lost $76.5 million from almost 70,000 scams in the 2023-24 financial year. Consumers across the State lost $44.8 million to investment scams, $6.2 million to romance scams and $6 million to false billing scams.
Minister for Consumer Affairs Gabrielle Williams is encouraging people to share their story for Scams Awareness Week to reduce the unfair stigma faced by scam victims and prevent others from being scammed in the same way.
Investment scammers typically offer ‘get rich quick’ schemes and investments based on ‘secret’ information or special software. They may claim to predict the outcomes of sports or share trading, but after the victims pay their expensive fees, the claims of past performance and guarantees about future results turn out to be false.
Scams are a crime and the only person at fault is the scammer, not the victim. Victims sharing their story can help law enforcement and consumer protection agencies trace and disrupt scams.
Minister for Consumer Affairs Gabrielle Williams said,
Qld amends journalist shield laws to include corruption proceedings
Date: 21 August 2024
Source: Journalist shield laws passed to include corruption proceedings; Crime and Corruption and Other Legislation Amendment Bill 2024
In a joint statement, the Queensland Premier, Steven Miles and the Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D'Ath announced the passing of the Crime and Corruption and Other Legislation Amendment Act 2024.
The Act amends the Crime and Corruption Act 2001, the Public Interest Disclosure Act 2010, the Public Sector Act 2022, the Right to Information Act 2009 and the Telecommunications Interception Act 2009.
Key policy changes introduced by the Act include:
- Journalist shield laws to apply across all Crime and Corruption Commission (CCC) functions.
- Amendments introduce qualified journalist privilege under the Crime and Corruption Act consistent with the Evidence Act.
The strengthening of shield laws in Queensland through the Crime and Corruption and Other Legislation Amendment Act 2024 means journalists cannot be compelled to provide information, documents, or answer questions in CCC proceedings where it would identify a confidential source, unless this is in the public interest.
New federal criminal laws to combat sexually explicit deepfakes passed
Date: 21 August 2024
Source: Federal Parliament
The federal parliament has passed legislation creating new criminal offences to ban the sharing of non-consensual deepfake sexually explicit material.
The Criminal Code Amendment (Deepfake Sexual Material) Bill 2024 imposes serious criminal penalties on those who share sexually explicit material without consent. This includes material that is digitally created using artificial intelligence or other technology.
Digitally created and altered sexually explicit material that is shared without consent is a damaging and deeply distressing form of abuse.
This insidious behaviour can be a method of degrading, humiliating and dehumanising victims. Such acts are overwhelmingly targeted towards women and girls, perpetuating harmful gender stereotypes and contributing to gender-based violence.
This Bill strengthens existing Commonwealth Criminal Code offences and introduces a new aggravated criminal offence to target those who use technologies to artificially generate or alter sexually explicit material (such as deepfakes) for the purposes of non-consensual sharing online.
These offences are now subject to serious criminal penalties of up to six years imprisonment for sharing of non-consensual deepfake sexually explicit material. Where the person also created the deepfake that is shared without consent, there is an aggravated offence which carries a higher penalty of seven years’ imprisonment.
The Albanese Government is committed to tackling gender-based violence in all forms.
NSW Domestic Violence Death Review Team Report 2021-2023
Date: 20 August 2024
Source: Domestic Violence Death Review Team Report 2021–2023
The New South Wales Government acknowledges the tabling of the Domestic Violence Death Review Team Report 2021-2023 and thanks the Team for their work on this report.
This report, and the data contained in it, is a sobering and sombre read.
More than that, the Government knows that every statistic contained in this report represents someone whose life was unjustly taken too early, someone who was loved, and whose absence is still felt deeply.
These statistics represent family members, friends, valued community members, and their loss continues to be mourned by many.
This report is a stark reminder of the great responsibility borne by the government to take meaningful and continued action to address the scourge of domestic and family violence on the communities of New South Wales.
We do not take this responsibility, or the findings of this report, lightly. We will continue to invest in and work with communities and stakeholders to strengthen our response to domestic and family violence at all stages and at times of crisis, while continuing to prioritise prevention and early intervention.
Key findings
- Set out below are key findings from the Team’s analysis of all domestic violence-context homicides in NSW between 1 July 2000 and 30 June 2022.
WA proposes enhanced monitoring of sex offenders
Date: 14 August 2024
Source: Government of Western Australia
Under proposed laws introduced to the Western Australian Parliament this week, WA Police Force will be enabled to better monitor and manage known sex offenders in the community. Proposed amendments include:
- Modern legislation to ensure reportable offenders comply with court-ordered conditions.
- Search powers allow WA Police to enter an offender's property without a warrant.
- Stricter reporting requirements regarding online access and interaction with juveniles.
- Changes better protect the community through enhanced monitoring and deterrence.
- Laws align with other Australian jurisdictions.
Amendments to the Community Protection (Offender Reporting) Act 2004 will allow WA Police to enter and search any location occupied by a serious reportable offender without a warrant.
Police may also examine or remove any electronic device for review, with sex offenders required to supply relevant passwords, codes or information needed to access digitally-stored data. Failure to provide such information will be an offence, carrying a maximum penalty of two years imprisonment.
Additional reporting requirements will be imposed including obligations regarding the disclosure of unrestricted property access, financial accounts and online communication as well as any changes to employment or vehicle use.
The changes will also allow for a DNA sample to be taken from any reportable offender whose genetic code isn't already stored on a forensic database.
Victorian government begins consultation to restrict use of NDAs to silence sexual harassment victims
Date: 12 August 2024
Source: Premier of Victoria
Non-disclosure agreements (NDAs) were meant to protect trade secrets. These days, too often, they’re being used to silence victims of sexual harassment.
These victims – overwhelmingly women – are being asked to sign these agreements, as part of their settlement.
What is actually being bought is their silence – legally compelling victims to stay silent, even with their family and friends. Sometimes, even their doctor or psychologist.
By silencing victim-survivors, NDAs are also being misused to hide serial offending, protect perpetrators and employers’ reputations.
It’s why the Victorian Government will begin consultation on nation-leading laws to restrict the use of NDAs in workplace sexual harassment cases.
The engagement process will seek feedback on potential protections, including:
- Prohibiting NDAs unless requested by the complainant
- Ensuring no attempts have been made to unduly pressure or influence a complainant to enter an NDA
- Ensuring an NDA does not adversely affect others
- The ability for the complainant to decide to waive their own confidentiality in the future
- Review and ‘cooling off’ periods
- Permitted disclosures (including to legal professionals, medical and mental health professionals, prospective employers, union representatives and support people)
Consultation on the legislation has begun and submissions are encouraged from victim-survivors. Victim-survivors can also provide their feedback anonymously via a short and confidential survey.
Assets of first Australian citizens charged with an espionage-related offence restrained by Australian Federal Police
Date: 6 August 2024
Source: AFP restrains assets of two Australian citizens charged with an espionage-related offence
The Australian Federal Police (AFP) alleges a 40-year-old woman, who is an army private in the Australian Defence Force (ADF), and her 62-year-old husband, accessed sensitive ADF information with the intent to provide it to Russian authorities.
The Russian-born Australian citizens were charged in July with one count each of preparing for an espionage offence, which carries a maximum penalty of 15 years’ imprisonment. It was the first time an espionage offence has been laid in Australia since new laws were introduced by the Commonwealth in 2018.
On 2 August 2024, the Queensland Supreme Court made restraining orders under the Proceeds of Crime Act 2002 (Cth) over property owned by the couple, valued in excess of $550,000.
The AFP-led Criminal Assets Confiscation Taskforce (CACT) is seeking to confiscate the married couple’s apartment and financial savings under the Proceeds of Crime Act 2002 (Cth).
The property subject to the restraining orders includes a Brisbane apartment owned by the couple, multiple bank accounts, and the superannuation funds acquired by the woman during her employment with the ADF. Restraining orders prohibit the disposal of, or any dealing with the property subject to restraint, unless authorised by the court.
New Far North Queensland Intensive On Country youth justice program to commence
Date: 1 August 2024
Source: Queensland government
Mossman based Jabalbina Yalanji Aboriginal Corporation RNTBC has been awarded the tender to provide the government’s the new Far North Queensland Intensive On Country youth justice program. This is the second of its Intensive On Country trials – a new, diversionary youth intervention and rehabilitation program that builds upon previous work.
The Queensland Government has invested $24 million to trial intensive on-country programs as part of the Community Safety Plan for Queensland.
The program, building on existing On Country programs, will start with its first clients within weeks, with both the Department of Youth Justice and courts able to refer young offenders to take part.
It follows the awarding of a contract in Mt Isa to Mithangkaya Nguli (Myth-ang-ky-ya Noo-goo-lee) – Young People Ahead Youth and Community Services Indigenous Corporation to provide its new Intensive On Country youth justice trial.
Mithangkaya Nguli (Myth-ang-ky-ya Noo-goo-lee) – Young People Ahead Youth and Community Services Indigenous Corporation was awarded the first tender, to provide the new Intensive On Country youth justice trial in the Mount Isa region.
Jabalbina Yalanji Aboriginal Corporation RNTBC delivers its On Country program from its Manunda office in Cairns.
The On Country model focuses on providing intensive cultural and residential experiences, family supports, education and training opportunities and connection to employment to young people who have had engagement with the youth justice system.
Delay in prosecution not a significant forensic disadvantage (Dawson v R [2024] NSWCCA 98)
Date: 30 July 2024
Court: NSW Criminal Court of Appeal
Judge(s): Adamson JA, Ward P and Payne JA
Judgment date: 13 June 2024
Catchwords: Crime – appeals – appeal against conviction – appellant convicted guilty of murder four decades later – alleged significant forensic disadvantage by reason of delay in prosecution – whether primary judge erred in failing to direct himself pursuant to s 165B of Evidence Act 1995 (NSW).
Abstract:
Facts
The deceased, Lynette Dawson, and the applicant, Christopher Dawson were married and shared two children. On 18 February 1982, the applicant reported the deceased missing stating that he had last seen her on 9 January 1982. Two years prior to the deceased’s disappearance, the applicant formed a sexual relationship with a teenager named JC who was a student at the high school he taught. On 11 January 1982, JC moved into the applicant’s home and no reliable sightings of the deceased had been made since.
On 12 December 2018, the applicant was arrested and charged with the deceased’s murder to which he pleaded not guilty. The applicant was tried by one judge in the Supreme Court between May and July of 2022. The Crowns case was wholly circumstantial asserting that the applicant had killed the deceased on 8 or 9 January 1982, to move JC into his household.
Law Council publishes open letter seeking renewal of funding to legal assistance sector
Date: 25 July 2024
Source: Law Council of Australia
The Law Council of Australia, on behalf of Australia’s legal profession, has published an open letter to key Commonwealth state and territory ministers, calling on them to ensure that every member of the community can access legal support when needed.
“Our profession is calling on all governments to significantly increase their support for Australia’s legal assistance sector,” Law Council of Australia President, Mr Greg McIntyre SC said.
“Australia’s legal assistance services—Legal Aid Commissions, Community Legal Centres, Aboriginal and Torres Strait Islander Legal Services and Family Violence Prevention Legal Services—are designed to be there for members of our community during times of life when they experience significant vulnerability, need, hardship and stress.
“These services provide assistance in so many ways, including providing advice, support and representation to women fleeing harm; those facing discrimination in the workplace; people experiencing elder abuse; and those at risk of homelessness.
“However, our legal assistance sector has suffered greatly under decades of funding neglect and cannot keep up with demand for services. For example, women’s legal services in this country have reported they are having to turn away more than 50,000 women a year.
“Ladbrokes Lounges’” found to be unlawful in licensed premises
Date: 23 July 2024
Source: Queensland government
On 9 January 2024, the Commissioner of Liquor and Gaming Regulation Queensland brought charges against UPG in the Brisbane Magistrates Court pursuant to the Liquor Act 1992 and Interactive Gambling (Player Protection) Act 1998.
UPG is the operator and liquor licensee of Winghaus, which has premises at Bowen Hills and the Brisbane CBD. It was promoting a betting service through the provision of a “Ladbrokes Lounge” and providing access to the Ladbrokes betting platform via QR codes, prominently displayed in its venues. The QR codes would take customers to a Ladbrokes website or app where betting could take place.
While UPG is a liquor licensee, it does not have a gaming licence and is prohibited from allowing its premises to be used for betting or advertising interactive gambling under the relevant legislation.
UPG has now undertaken to cease advertising and promoting Ladbrokes at its premises and refrain from doing so in future. Due to this appropriate and reasonable undertaking, the Commissioner has determined that the prosecution of Winghaus will be discontinued.
Victorian Supreme Court judge, Justice Jane Dixon to open Criminal Law Conference
Date: 22 July 2024
Source: Justice Dixon to open conference by sharing passion for criminal law
Supreme Court judge Justice Jane Dixon will reflect on what inspires and motivates people to become criminal lawyers in her keynote presentation to open the Law Institute of Victoria Criminal Law Conference on 25-26 July in Melbourne.
“I have always been interested in what attracts people to criminal law, and I suspect it's the empathy for people's life stories, and a really deep interest in the welfare of people who have got themselves into a predicament with the long arm of the law.”
Justice Dixon will share her observations on how the profession has improved over her nine years on the bench and 25 years at the Bar, including a much better gender balance and the fact that bullying, sexual harassment and mistreatment are now regarded as unacceptable.
“That's very different to when I started appearing, and you did have judges who were real bullies and you just had to put up with it.”
LECC finds serious misconduct of drink-driving senior NSW police officer
Date: 18 July 2024
Source: Law Enforcement Conduct Commission
The NSW Law Enforcement Conduct Commission (LECC) has made two findings of serious misconduct, several recommendations and emphasised the importance of the equitable and transparent treatment of all police, no matter their rank, according to a newly tabled report.
In the report known as Operation Harrisdale, the Commission made findings of serious misconduct against a senior NSW Police Force officer (known as Officer AB) who crashed an unmarked police car in Sydney’s NorthConnex in May 2023.
The findings come after the Commission received complaints that senior police were attempting to interfere with the police investigation of the car crash as well as allegations of irregularities in the police response to the insurance claim.
LECC findings
The senior NSW Police Force officer attracted one finding of serious misconduct for deliberately leaving the scene of a car crash he caused in Sydney’s NorthConnex to avoid being breath tested.
The Commission made a second serious misconduct finding against the officer for being deliberately dishonest in his answers on the insurance claim form for the car he crashed, the report noted.
WA commits $7 million for men's behaviour change program
Date: 16 July 2024
Source: WA Government
The West Australian Government has committed $7.47 million to three Breathing Space programs which supports perpetrators of family and domestic violence to change their behaviour. Contract arrangements have been secured for provider, Communicare to continue delivering the vital Breathing Space program.
Residential men's behaviour change programs support men who use violence against women to build healthy relationships and take responsibility for their actions. The intervention program helps men who use violence against women to take responsibility for their actions.
Communicare currently operates three Breathing Space programs: two in the metropolitan area (Calista and Maylands) and one in South Hedland.
Under the Breathing Space model, accommodation is provided for up to six months for men who use violence, ensuring women and children can stay safe in their own homes while remaining connected with their local support networks.
Men are engaged through counselling and a range of other activities to take responsibility for their use of violent, abusive and coercive behaviours and to develop skills and strategies to change their behaviour.
New magistrate for Mount Isa
Date: 12 July 2024
Source: Queensland Government
The Queensland Government will appoint an additional magistrate to Mount Isa to improve the timeliness and efficiency of proceedings in the Childrens Court, supported by a $4.05 million funding boost for legal service providers in the 2024–25 Queensland Budget.
The new magistrate will service the Mount Isa area as well as other high-risk, vulnerable communities in the Gulf of Carpentaria.
The appointment of an additional magistrate and additional funding for Legal Aid Queensland and the Aboriginal and Torres Strait Islander Legal Service, allocated over four years, will help ensure access to legal advice and representation and support the Mount Isa Childrens Court to operate efficiently.
It will support timely finalisation of court matters as close as practicable after the time of offending, so that young people spend less time on remand and more time serving sentences or court-imposed penalties.
Mount Isa is an isolated regional centre offenders attending the Childrens Court are likely to have a high complexity of needs.
In this NAIDOC Week, Queensland’s first indigenous Supreme Court judge talks about his life
Date: 10 July 2024
Source: Queensland Law Society
In celebration of NAIDOC Week, the Queensland Law Society has been speaking with the Honourable Justice Lincoln Crowley in this podcast titled, Keep the Fire Burning.
His Honour grew up in Charters Towers and is a proud descendant of the Warramunga peoples. Since joining the legal profession in 1996, Justice Crowley has had a varied and impressive career. He has worked at the Aboriginal and Torres Strait Islander Legal Service in Townsville, for the Queensland and Commonwealth Director of Public Prosecutions, within the New South Wales’ Crown Solicitors’ Office, at the private bar and as the senior counsel assisting the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability.
In 2018, Justice Crowley became the first Indigenous person to be appointed as Queen's Counsel in Queensland, and on 13 June 2022, became Australia’s first Indigenous judge of a superior court when he was appointed to the Supreme Court of Queensland.
On this episode of The Callover, we discuss his life in the law and why representation and diversity are important within the legal profession.
Australian key crime statistics
Date: 8 July 2024
Source: Recorded Crime - Victims
The Australian Bureau of Statistics has released the national statistics for 2023 for victims of a range of personal, household and family and domestic violence offences as recorded by police. Key statistics are:
Sexual assault recorded by police increased by 11% from 2022 to 36,318 victims.
- Motor vehicle theft recorded by police increased by 10% from 2022 to 60,417 victims.
- Almost two in five of all homicide and related offences were family and domestic violence related (38%).
Homicide and related offences
In 2023, there were 409 victims of homicide and related offences recorded by police in Australia. This was an increase of 5% (20 victims) from 2022.
The victimisation rate remained stable at 2 victims per 100,000 persons.
Victims of homicide and related offences were most commonly:
- male (65% or 266 victims)
- between 35 and 44 years of age (21% or 85 victims)
Over half of homicide and related offences:
- occurred at a residential location (56% or 229 victims)
- involved the use of a weapon (54% or 219 victims), with almost a quarter (24%) involving a knife (98 victims)
Nearly two in five (38%) of homicide and related offences were family and domestic violence (FDV) related (157 victims).
Sexual assault
There were 36,318 victims of sexual assault recorded in Australia in 2023, increasing by 11% (3,547 victims) from the previous year.
Aboriginal complaints against NSW police rarely investigated
Date: 1 July 2024
Source: Stronger police accountability system needed for NSW
A NSW Government website
Newly released data on Aboriginal people’s complaints about NSW Police shows that officers are rarely being held to account over allegations of misconduct.
The Law Enforcement Conduct Commission which acts as an independent police watchdog has published an analysis of Aboriginal and Torres Strait Islander people’s complaints against NSW Police between January 2021 and June 2022, revealing an investigation occurred for only 66 out of 245 complaints triaged by police (27%). The report can be found here.
The police watchdog assessed 279 complaints in the period, only investigating seven complaints directly and monitoring the NSW Police Force’s investigation of three. The vast majority of complaints were investigated by police themselves. The most common complaint was over police use of force.
“We welcome the Law Enforcement Conduct Commission’s commitment to transparency by releasing this data, but we are deeply concerned by what the data shows about police accountability mechanisms and how they are letting down Aboriginal people in NSW,” said Lauren Stefanou, Principal Solicitor (Justice Projects, Policy & Practice) at the Aboriginal Legal Service (NSW/ACT) Limited (ALS).
“Robust and independent police oversight is critical to a functioning system. It’s also an important pathway towards repairing community-police relationships and Closing the
AFP observes four years solving cold cases with National DNA Program
Date: 1 July 2024
Source: AFP celebrates achievements of National DNA Program
Four years ago, the National Missing Person Coordination Centre (NMPCC) established the AFP-led National DNA Program to work with state and territory police and coronial and forensic agencies, to resolve cold cases of unidentified and missing persons.
Since the National DNA Program for Unidentified and Missing Persons began, forensic testing has been done on 99 unidentified remains – some discovered by law enforcement, some long held by coroners and some provided by members of the public.
Of the 99 unidentified human remains cases, more than 50 of the cases have been resolved either through identification or determination that they were older than 100 years.
This included linking 21 unidentified human remains cases to 19 long-term missing persons’ cases.* It means 19 families now definitively know their loved one is deceased. Of the 19 long-term missing persons, three were female and 16 were male.
While the outcome can still leave families grieving, the process has finally taken away the uncertainty that can weigh so heavily on loved ones.
Additionally, 33 were determined to be medical anatomical specimens, historical or ancestral remains, or not human remains. As a result, a total of 54 of cases are now closed.
Project Booyah aims to intervene in youth crime
Date: 24 June 2024
Source: How Domestic and Family Violence drives Youth Crime
Project Booyah, an initiative by the Queensland Police Service (QPS), exemplifies effective intervention by supporting education pathways, life skills development training, and mental health care to at-risk youth.
In recent years, there has been a growing recognition of the impact that domestic and family violence (DFV) has on young people. Research shows exposure to DFV is a positive predictor of young people going down the path of offending, with 53% of youth offenders having been exposed to or being victim-survivors of DFV.
Children exposed to DFV are often impacted by adverse childhood experiences, such as emotional and physical abuse. This trauma can increase the risk of mental illness, substance abuse, and disengagement from education. These factors increase the likelihood of engaging in criminal behaviour as violence becomes normalised, and chaotic environments disrupt normal childhood development.
The effect of DFV on youth offending reinforces the importance of having suitable referral pathways to programs which support early intervention strategies for young people.
Project Booyah aims to remove barriers to education and employment, along with offering safe spaces and consistent support for participants. Recognising the ongoing, long term impacts domestic and family violence can have on young people, the program is tailored to address individual needs which promote positive futures.
Project Booyah Sunshine Coast Coordinator, Senior Constable Greg Newman, emphasised the importance of early intervention.
NSW is first State to make coercive control an offence
Date: 24 June 2024
Source: NSW government
From 1 July 2024, coercive control will be a criminal offence in NSW when a person uses abusive behaviours towards a current or former intimate partner with the intention to coerce or control them.
In November 2022, the NSW Parliament passed the Crimes Legislation Amendment (Coercive Control) Act 2022 (the Act). The Act was passed following the NSW Joint Select Committee on Coercive Control launch recommending a criminal offence of coercive control, and after detailed and public consultation on an exposure Draft Bill.
The Act makes coercive control in current and former intimate partner relationships a criminal offence. The offence occurs when an adult engages in a “course of conduct” of abusive behaviour that is intended to coerce or control the other person (the coercive control offence). The Act also provides for a definition of domestic abuse in the Crimes (Domestic and Personal Violence) Act 2007 which commenced on 1 February 2024.
The Act introduces new sections 54D-54H into the Crimes Act 1900 (NSW). Summarised:
Section 54D defines abusive behaviour towards current or former intimate partners where an adult intends the course of conduct to coerce or control the other person, which a reasonable person would consider the course of conduct would be likely to cause fear or have a serious adverse effect on the other person’s day-to-day activities. The penalty is 7 years imprisonment.
The death of indigenous child detainee in WA investigated
Date: 19 June 2024
Source: Corruption and Crime Commission
The West Australian Corruption and Crime Commission (CCC) has released a report investigating allegations of serious misconduct following the death of a young First Nation’s detainee while in custody in Western Australia.
On 12 October 2023, a 16-year-old male named Cleveland Dodd was found hanging from a damaged vent in his cell, later dying in hospital. During his incarceration, Dodd had made at least 17 threats of self-harm threats to officers.
While the coroner has not confirmed the cause and manner of death, the CCC inquiry focused on whether there was any serious misconduct from any involved public officers which influenced how he was able to take his own life in a tightly controlled space.
The Commissioner John McKechnie, stated:
“Its focused nature means this report may not answer all questions raised by the tragic death of this young man, nor satisfy anyone looking for quick or simple solutions.”
The CCC inquiry found that the Department of Justice had made several breaches of policies and procedures, however, there was no indication of serious misconduct or corruption by any involved public officers.
The investigation also uncovered that the rates of self-harm and attempted suicide among young detainees were unprecedentedly high in Casuarina Prison in the 18 months leading up to the incident.
New report highlights perpetrator history as risk in intimate femicide cases
Date: 18 June 2024
Source: Securing women’s lives: new report examines intervention points and perpetrator risk in intimate femicide cases in Australia
A new report from Monash University examines judicial sentencing remarks from 235 cases of men who have been convicted in Australia for killing their current or former female intimate partners over a decade.
The report, Securing women’s lives: Examining system interactions and perpetrator risk in intimate femicide judgments over a decade in Australia, scrutinised judicial understandings of risk and system interactions prior to the intimate femicide in order to build better understandings of early intervention and the prevention of women’s deaths in Australia.
In Australia, at least one woman a week is murdered by their current or former partner. In the first five months of 2024 alone, an unusually high number of killings allegedly by men’s violence in Australia has reignited national attention over the need to better address women’s risk of fatal violence.
The sentencing judgments were analysed, in part, to identify potential points of intervention that might have provided an opportunity to prevent such killings. The study was undertaken by a team of researchers, including Professors Kate Fitz-Gibbon, Sandra Walklate, JaneMaree Maher, Jude McCulloch and Dr Jasmine McGowan.
Professor Kate Fitz-Gibbon, who led this research, said the study findings indicate that few intimate femicides occur without prior system interaction.
NSW passes new community safety laws
Date: 12 June 2024
Sources:
NSW Government passes law making it more difficult for alleged domestic violence offenders to get bail
NSW Government passes law introducing police ‘wanding’ search powers
Show cause bail for serious domestic violence offenders
The Bail and Other Legislation Amendment (Domestic Violence) Act 2024 amends both the Bail Act 2013 and the Surveillance Devices Act 2007.
Under the new law, people charged with serious domestic violence offences will be required to show cause why they should not be detained until their case is determined – reversing the presumption of bail.
This will apply to those charged with offences, in the context of intimate partner relationships, that carry a maximum penalty of 14 or more years jail.
These offences include sexual assault, kidnapping, and choking to render someone unconscious with intent to commit another indictable offence.
If granted bail, these accused offenders will be subject to electronic monitoring, unless the bail authority is satisfied sufficient reasons exist – in the interests of justice – to justify not imposing the condition.
The show cause provision will apply to coercive control, which will be a criminal offence from 1 July 2024.
WA government increases funding support for victim-survivors of family violence
Date: 11 June 2024
Source: Individualised support for victim-survivors of family violence
The West Australian Government has committed $7 million over two years to provide individualised and flexible funding support to victim-survivors of family and domestic violence.
More than 40 organisations around Western Australia will receive funding to continue the Flexible Support Package program which provides an individualised approach to supporting victims of family, domestic and sexual violence.
The Flexible Support Package program provides funding to family and domestic violence organisations across the State to administer direct financial support to victim-survivors.
This support enables victim-survivors to access practical supports to enhance their safety and re-establish their lives such as furniture and household goods or items to meet daily living needs.
More than 40 family and domestic violence sector organisations including Harbour Refuge and Support Services, also known as South-West Refuge, will share in the funding which has been allocated over a two-year period.
In recognition of the diverse experiences of family and domestic violence, service providers consider each package based on individual risk and the circumstances of the women and children. There are no restrictions to the package amount provided and funding is determined by the case management plan.
This initiative builds on a previous two-year trial funded via the National Partnership Agreement for Family, Domestic and Sexual Violence Responses, which commenced in June 2022.
Leave refused following applicant’s “outrageous and repulsive” conduct (Richard Pusey v R)
Date: 6 June 2024
Court: Supreme Court of Victoria — Court of Appeals
Judge(s): Emerton ACJ, Beach and Kaye JJA
Judgment date: 28 May 2024
Catchwords: CRIMINAL LAW — Application for extension of time for leave to appeal against conviction for conduct outrage public decency – application refused.
Abstract:
Following a plea of guilty and conviction and sentence on three counts, being one charge of reckless conduct endangering persons, one charge of committing an act that outrages public decency and one charge of possession of a drug of dependence in April 2021, the self-represented appellant sought an extension of time for leave to appeal against the second charge of conduct outraging public decency.
The appeal was filed one year and nine months after sentence and the grounds of the appeal were that the common law only applied to conduct involving sexual behaviour or lewd conduct by the offender. The applicant explained the delay in filing the application for leave on his period of imprisonment, the high profile nature of the case, and an apprehended fear about his safety and the safety of his family, should he pursue an appeal.
The Court was not satisfied that reasons advanced by the applicant adequately explained the delay.
Queensland implementing women’s safety and justice reforms
Date: 31 May 2024
Source: The Queensland Cabinet and Ministerial Directory
The Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, the Honourable Yvette D'Ath has tabled the second annual report on the implementation of the Women’s Safety and Justice Taskforce recommendations.
The Second Annual Report shows that the Miles Government has delivered 36 of the 89 recommendations from the first Taskforce report, which addressed coercive control and domestic and family violence in Queensland.
This includes passage of landmark legislation, the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Act 2024, which included amendments to criminalise coercive control and establish a model of affirmative consent. Once commenced, the new standalone offence of coercive control will carry a maximum penalty of 14 years’ imprisonment.
The Taskforce’s two Hear her voice reports made a combined 277 recommendations to bring about systemic, legislative and cultural change in responding to violence against women and children and improving women’s and girls’ experiences in the criminal justice system. Summarised, the annual report states that responses to 95 per cent of all recommendations are either underway or complete.
NSW launches culturally and linguistically diverse coercive control awareness campaign
Date: 27 May 2024
Source: Coercive control awareness – culturally and linguistically diverse campaign launched
The NSW Government has launched an in-language campaign to raise awareness and understanding of coercive control among culturally and linguistically diverse (CALD) communities.
Developed by a specialist multicultural marketing agency, the campaign uses the image of a spider’s web to symbolise the interconnected pattern of behaviours which traps victims of coercive control.
This follows a broad advertising campaign which commenced at the beginning of May, which used the tagline “It’s not love, it’s coercive control” following an earlier campaign in August 2023 which was intended to give the NSW public access to credible information on the subject.
NSW is the first Australian jurisdiction to introduce a standalone dedicated offence of coercive control.
The Crimes Legislation Amendment (Coercive Control) Act 2022 will criminalise coercive control in current or former intimate partner relationships in NSW starting from 1 July 2024. If found guilty, perpetrators can face up to a maximum of 7 years in prison.
The need to support community awareness of coercive control, including specific CALD support, was recommended by the Joint Select Committee on Coercive Control.
The NSW Domestic Violence Death Review Team found about 97 per cent of intimate partner domestic violence homicides in NSW between 2000 and 2018 were preceded by the perpetrator using emotional and psychological abuse as a form of coercive control towards the victim.
Qld State Coroner issues new Practice Directions
Date: 15 May 2024
Source: Queensland State Coroner
The Queensland State Coroner has issued two new Practice Directions.
Practice Direction No 1/2024 provides in-depth guidance to any party appearing at an inquest while Practice Direction No 2/2024 articulates the definition of a family statement that may be issued at the end of an inquest.
Both Practice Directions take effect on 1 June 2024.
General principles governing inquests
Practice Direction No1/2024 sets out the general principles governing inquests, most notably that they are investigative rather than adversarial in nature, are not designed to determine criminal or civil liability, and are based on the principles of natural justice and procedural fairness.
The new Practice Direction also explains the requirements and processes of a pre-inquest conference for parties in more detail than the State Coroner’s Guidelines 2013, Chapter 9.
“The document should be a useful ‘user guide’ for parties involved in an inquest including those who are unaccustomed to the process,” said a Coroners Court of Queensland spokesperson.
The Practice Direction sets down specific timeframes through proceedings, including that an inquest will generally not be held less than two months after a pre-inquest conference, a timeframe for the distribution of witness list schedules, and that families and parties would be given a minimum one-week advance notice of the delivery of findings.
The topic of family photographs, cultural ceremonies, banners, t-shirts, and other personal items are addressed by the new practice direction.
Delay and mental impairment insufficient to stay proceedings: Koschier v R [2024] NSWCCA 24
Date: 14 May 2024
Court: Court of Criminal Appeal - Supreme Court
Judge(s): Bell CJ, Jarrison CJ, Chen J
Judgment date: 26 February 2024
Catchwords: Crime - Criminal procedure – appeal – basis for leave to appeal from interlocutory decision in criminal proceedings – where applicant for stay had been found unfit for trial pursuant to Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) – whether an error of principle or the possibility of likelihood of substantial injustice – where permanent stay relied on mental infirmity and forensic disadvantages arising from delay in prosecution – whether the common humanity test applies where mental infirmity is relied upon in permanent stay application – whether sufficient and appropriate weight was given to the Applicant’s mental infirmity.
Abstract:
Background
The appellant is an 88-year-old man who was previously accused by two of his first cousins of sexual assault in 1997. The complainants reported the alleged offences to police in 1977, however, after some time police suspended their investigation and no charges were laid. In 2021, nearly 44 years later, the complainants provided police with further details of the offending resulting in the investigation being reopened.
On 28 September 2021, the appellant was charged with 12 counts of historical sexual offending against the two complainants AM and FC. The offences are alleged to have been between 1961 and 1976 when the complainants were between the ages of 3 to 17 years old.
NSW announces $230 million emergency funding towards domestic violence
Date: 13 May 2024
Source: NSW Government
The NSW Government has announced emergency funding of up to $230 million over the next four years to enhance prevention and support for domestic, family, and sexual violence (DFSV) victims. The package aims to address the increasing prevalence of violence against women and children. Statistics indicate that nearly 1 in 4 women experience domestic violence by the age of 15.
The implementation of NSW’s first dedicated prevention program, Stay Home Leaving Violence (SHLV), is a key part of the initiative which will be informed by experienced victim-survivors and expert leaders in the family and sexual violence sector. Funding has been allocated to consider the multi-faceted nature of DFSV within the community from early prevention to inception.
NSW reforms target knife possession and boost community safety
Date: 7 May 2024
Source: New measures to get knives off the street and boost community safety
The New South Wales (NSW) Government has released a range of reforms to address the increasing prevalence of knife-related crimes within NSW. These proactive reforms are intended to send a strong message about the seriousness of knife-related violence and uphold community safety in public settings.
The NSW government intends to implement legislation modelling Queensland’s Police Powers and Responsibilities (Jack’s Law) Amendment Act 2023 to provide police with robust powers to wand or scan people for knives without a warrant in designated public domains.
Queensland decriminalises sex work
Date: 2 May 2024
Source: Reforms promise better protection for Queensland’s sex workers
Queensland Parliament has passed laws to decriminalise the sex work industry. The legislation will improve the health, workplace rights and personal safety of sex workers and existing criminal offences relating to sex workers will be repealed.
The Criminal Code (Decriminalising Sex Work) and Other Legislation Amendment Bill 2024 will also protect sex workers from unfair discrimination, create new offences to protect children from involvement in sex work, and specifically prohibits a person being coerced to perform sex work.
The Bill implements the findings of the Queensland Law Reform Commission (QLRC), which was commissioned to review the decriminalisation of the sex work industry.
The QLRC review incorporated evidence-based research and feedback from consultation with the public and key stakeholder groups. It examined the experiences of jurisdictions where sex work is already decriminalised, including New South Wales, Northern Territory, Victoria and New Zealand.
Prime Minister announces leaving violence payment
Date: 1 May 2024
Source: Prime Minister of Australia
In a joint media release, Prime Minister, Anthony Albanese announced that the Government will invest $925.2 million over five years to permanently establish the Leaving Violence Program – so those escaping violence can receive financial support, safety assessments and referrals to support pathways.
Those eligible persons will be able to access up to $5,000 in financial support along with referral services, risk assessments and safety planning. This commitment builds on a record $2.3 billion in measures put in place by the Government to help address violence against women.
Further, the Albanese Government has expanded eligibility for parenting payment single – helping 82,000 more single parents remain on higher payment rates until their youngest child turns 14; legislated ten days paid family and domestic violence leave; increased rent assistance with the largest increase in 30 years; and invested in crisis accommodation and affordable housing for women and children escaping violence.
Intimate partner violence is a problem of epidemic proportions in Australia, with a quarter of all Australian women having experienced it in their lifetime.
Numbers of women killed by their intimate partner continues to rise
Date: 30 April 2024
Source: Joint statement
The Australian Institute of Criminology’s National Homicide Monitoring Program has found 34 women were killed by an intimate partner in 2022-23, an increase of 28 per cent on the previous year.
The report finds a total of 232 homicides were recorded by police between 1 July 2022 and 30 June 2023, a four per cent rise from the previous year.
While this is Australia’s third lowest homicide rate on record, and the overall rate of 0.87 per 100,000 has halved since 1989-1990, the number of women killed by an intimate partner rose from 26 to 34 victims. Women comprised 89 per cent of victims of intimate partner homicides.
The Attorney-General, the Hon Mark Dreyfus KC MP stated,
“Every single one of these lives lost causes ongoing grief and trauma for families, friends and entire communities that will never be forgotten.
“The Australian Government is committed to combatting the crime of homicide, as well as ending violence against women and children in a generation. We want to see the number of intimate partner homicides falling each year.
Queensland releases latest action plan to end sexual violence
Date: 19 April 2024
Source: Queensland Government
The Queensland Government has launched its second action plan outlining initiatives designed to prevent and respond to sexual violence in the community.
The second Sexual Violence Prevention Action Plan runs from 2023-24 to 2027-28 and places victim-survivors at its centre. The plan captures the extensive work underway as recommended by the second report of the Women’s Safety and Justice Taskforce.
The document builds upon the work of Prevent. Support. Believe. Queensland’s Framework to address Sexual Violence and its first action plan.
Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, Yvette D’Ath said:
“While important progress has been made to tackle this issue, we know there is a lot more to do. Almost one in four Queensland women have experienced sexual violence since the age of 15. Sadly, this data has remained relatively stable since 2016.
New identity protection register established to block 300,000 fraud attempts
Date: 10 April 2024
Source: Attorney-General’s portfolio
The sensitive personal details of 10 million current and former Optus customers were compromised in the September 2022 data breach, including crucial identity documents such as passports and driving licences.
This data breach highlighted that Australia’s laws and protections were inadequate for the digital age.
New identity protection measures introduced by the Albanese Government in the wake of the Optus data breach have blocked over 300,000 fraudulent attempts to use stolen identity credentials.
Queensland considers reform of asset confiscation regime to combat organised crime
Date: 9 April 2024
Source: Queensland Crime and Corruption Commission (CCC); Queensland Crime and Corruption Commission (CCC)
The Queensland Crime and Corruption Commission (CCC) has released its report, Modernising Queensland’s asset confiscation regime – Review of the Criminal Proceeds Confiscation Act 2002, recommending major reforms to its asset confiscation regime.
The CCC reviewed the Criminal Proceeds Confiscation Act 2002 (CPCA) to examine whether Queensland’s asset confiscation regime was still effective in the face of the contemporary organised crime environment.
The review looked at the schemes available under the asset confiscation regime pertaining to countering the problem of crime-derived and used assets, money laundering, and preventing individuals from accumulating criminal wealth.
The CCC’s review found that significant change to the legislation was needed to ensure that the Act could have the intended disruptive impact on serious and organised crime.
The CCC identified seven priority areas for reform and has made 10 recommendations to modernise Queensland’s asset confiscation regime, including:
1: Make the money laundering offence contemporary, clear, and fit-for purpose
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1. |
That Queensland’s offences of money laundering and “possession of property suspected of being tainted” in the CPCA: |
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(a) |
be amended to ensure they are contemporary, clear, and fit-for-purpose, and |
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(b) |
they cover laundering involving digital assets. |
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Magistrate criticises police who encouraged autistic child’s fixation on ISIS: CDPP v Carrick (a pseudonym) [2023] VChC 2
Date: 04 April 2024
Source: Victoria
Court: Childrens’ Court of Victoria, Victoria
Magistrate: Fleming
Judgment date: 24 October 2023
Catchwords: Children’s Court, Criminal Division — Commonwealth offences — Application for a Permanent Stay — Permanent Stay of the proceedings granted — Section 138 Evidence Act 2008.
Abstract:
This case concerns an application for a permanent stay of proceedings in respect of two charges laid against a 14 year old boy, TC, namely:
- Between 19/9/2021 and 6/10/2021 in the State of Victoria the accused was, contrary to section 102.3(1) of the Criminal Code (Cth), intentionally a member of an organisation, namely, Islamic State, knowing that the organisation was a terrorist organisation.
- Between 19/9/2021 and 6/10/2021, in the State of Victoria, the accused did engage in advocating terrorism, contrary to section 80.2C(1) of the Criminal Code (Cth).39
The Victorian Children’s Court magistrate granted the application and in so doing, strongly criticised the actions of the Australian Federal Police (AFP) in investigating and conducting a controlled covert operation (OCO) into a 13 year old boy, waiting until he turned 14 so as to avoid the application of the doli incapax principle.
Victoria bail reforms come into force
Date: 25 March 2024
Source: Parliament of Victoria
Changes to the Victorian Bail Act 1977 came into effect on 25 March 2024. The Bail Amendment Act 2023 introduces a suite of changes to ensure the bail laws and better target the use of remand to cases where it is necessary to prevent an unacceptable risk to community safety.
Victoria’s bail laws have been described as the toughest in the country, including by making it more difficult for repeat offenders to get bail. The changes, known as “uplift” provisions, introduced a tougher bail test applied to people alleged to have committed offences while on bail.
However, it has been shown that the bail system has a discriminatory impact on Aboriginal people resulting in grossly disproportionate rates of remand, with the most significant impact being on Aboriginal women. The reforms now introduced seek to ensure that the community is protected, and that low-level offending is responded to proportionately.
The reforms address well-documented concerns with current bail laws, namely:
- refining the bail tests to focus on serious alleged offending and serious risk;
- reducing the overrepresentation of vulnerable groups in the justice system including women, Aboriginal peoples and children; and
WA introduces “nang” rules to protect kids
Date: 24 March 2024
Source: Government of Western Australia
The West Australian Government will implement the toughest regulations in the country to protect young people from the misuse of nitrous oxide gas or “nangs”.
New regulations to be implemented in the second half of 2024 to limit retail sales of nitrous oxide cannisters or “nangs” to registered food and beverage businesses.
The State Government will amend the Medicines and Poisons Regulations 2016 to ban the sale of nitrous oxide cannisters to consumers, amid growing concerns over misuse by young people.
Under the regulations, small ten-gram nitrous oxide cannisters will only be accessible to:
- registered food businesses;
- select businesses with a liquor licence; and
- other persons approved by the Department of Health.
The new regulations will also prohibit the sale of large nitrous oxide gas cannisters in WA, which have no legitimate food purpose.
Buyers will need to show evidence of their registered food or beverage business when purchasing nitrous oxide gas cannisters and suppliers will be required to present the evidence to authorities on request, to prove compliance with the new regulations.
Tech companies on notice to disclose protections from terror and violent extremist content
Date: 19 March 2024
Source: Tech companies grilled on how they are tackling terror and violent extremism
Australia’s eSafety Commissioner, Julie Inman Grant has issued legal notices to tech companies, under transparency powers granted under the Online Safety Act, which will require the six companies to answer a series of detailed questions about how they are tackling the issue.
The online safety regulator issued the notices to Google, Meta, Twitter/X, WhatsApp, Telegram and Reddit requiring each company to report on steps they are taking to protect Australians from terrorist and violent extremist material and activity.
The six companies will have 49 days to provide responses to the eSafety Commissioner.
The spread of this material and its role in online radicalisation remains a concern both in Australia and internationally, with 2019 terrorist attacks in Christchurch NZ and Halle Germany, and more recently Buffalo NY, underscoring how social media and other online services can be exploited by violent extremists, leading to radicalisation and threats to public safety.
eSafety Commissioner Julie Inman Grant said eSafety continues to receive reports about perpetrator-produced material from terror attacks, including the 2019 terrorist attack in Christchurch, that are reshared on mainstream platforms.
NSW Government announces community safety reforms
Date: 13 March 2024
Source: NSW Government
Following the release of NSW Bureau of Crime Statistics and Research data that crime rates in regional NSW remain higher than in metro areas, the NSW Government has announced a $26.2 million package of legislative reforms. These initiatives support community safety and wellbeing, particularly in regional NSW, with a focus on strengthening early intervention and prevention programs for young people.
The reforms aim to address the increased rate of offending and community safety concerns through three key elements:
1. Legislative reform
The NSW Government will introduce legislative changes to strengthen bail laws and introduce a new offence for disseminating material to advertise an offender’s involvement in or the commission of targeted serious offences.
Known as “posting and boasting”, legislation will be introduced creating a new offence in the Crimes Act 1900 (NSW). It will impose an additional penalty of 2 years’ imprisonment for people who commit motor vehicle theft or break and enter offences and share material to advertise their involvement in this criminal behaviour.
Special inquiry finds Dillwynia Correctional Centre a “viper pit”
Date: 6 March 2024
Source: https://www.nsw.gov.au/sites/default/files/noindex/2024-03/Wayne%20Astill%20Special%20Commission%20of%20Inquiry%20-%20Final%20Report.pdf
On 28 July 2023, the NSW Government announced that it had appointed the Hon Peter McClellan AM KC to lead a special ministerial inquiry into the circumstances surrounding the offences committed by former NSW correctional officer Wayne Astill. The Inquiry concluded with the delivery of the final report to Governor Margaret Beazley and Premier Chris Minns on 29 February 2024.
Wayne Astill was a Correctional Officer with Corrective Services NSW (CSNSW). Before joining CSNSW in October 1999 he was a serving police officer. He was transferred to Dillwynia Correctional Centre (Dillwynia), an all-female facility, in February 2009 and served there until his arrest on 20 February 2019. At Dillwynia, he served as a Senior Correctional Officer and at times acted as Chief Correctional Officer.
Astill was arrested and charged in February 2019 and in 2022 he was found guilty of 27 charges, including aggravated sexual and indecent assault, and abusing at least 14 inmates over a 5 year period. He was sentenced to a maximum of 23
Complaint against Victorian judge dismissed
Date: 4 March 2024
Source: Judicial Commission of Victoria (AIC)
Following the resignation of acting Supreme Court judge, the Honourable Lex Lasry, the Judicial Commission of Victoria (the Commission) has dismissed a complaint by the Victoria Solicitor for Public Prosecutions against the judge.
On 23 May 2023, the Judicial Commission of Victoria (the Commission) received a complaint about the Honourable Lex Lasry (the Officer) from the Solicitor for Public Prosecutions, Abbey Hogan (the SPP).
The complaint related to an alleged failure by the Officer to uphold the standards of conduct generally expected of judicial officers in DPP v Tuteru (S ECR 2021 0188 & S ECR 2022 0024). The proceedings concerned manslaughter charges and offences arising under the Heavy Vehicle National Law (Victoria).
Under the Judicial Commission of Victoria Act 2016 (the Act), any person, which includes any member of the legal profession, can make a complaint to the Commission, about the conduct or capacity of a judicial officer.
Complaint details
On 28 October 2022, a Crown Prosecutor informed the Officer that the Director of Public Prosecutions (the DPP) had determined to discontinue the manslaughter charges against the accused.
Dating app users targeted to provide child sexual images
Date: 29 February 2024
Source: Australian Institute of Criminology (AIC)
An Australian Institute of Criminology (AIC) report has examined the experiences of dating app and website users who have received requests to facilitate child sexual exploitation and abuse on dating apps and websites.
Based on a survey of Australian dating app users, the report found more than 12% of respondents had received these requests. Most often these requests related to the respondent’s own child rather than other children they had access to, such as young friends or family members.
AIC Deputy Director Dr Rick Brown said that there is growing evidence that child sex offenders use social media and dating apps and websites to target potential child victims.
“Offenders use these sites to target vulnerable groups or those with access to children. This includes parents, particularly women, those who are younger, or are Indigenous or have a health condition or disability,” Dr Brown said.
WA to trial male violence prevention program
Date: 19 February 2024
Source: Joint media statement - Further investment in innovative family, domestic and sexual violence responses
The Western Australian government is supporting a new initiative to strengthen earlier intervention with men who choose to use violence will be trialled in five locations across the State.
The trial will see new men's workers partner with the Family and Domestic Violence Response Teams (FDVRT) in Northam, Bunbury, Midland, Joondalup and Fremantle over the next three years to engage male perpetrators.
The initiative, funded by the Commonwealth, will trial a program to evaluate pro-active engagement with men who have used violence, following notification from police that they have been called to an incident of family and domestic violence.
Men who choose to use violence will be assessed for future risk of violent offending and offered case management and interventions. This may include counselling, aimed at reducing or managing their use of coercive, controlling, and violent behaviours.
The project, awarded to Communicare, is part of the $3.3 million in funding being provided to the Western Australian Government under the Australian Government's Innovative Perpetrator Responses initiative.
Queensland bans sale of knives and other items to juveniles
Date: 14 February 2024
Source: Queensland government
The Queensland Parliament has passed new laws banning the sale of knives and other items to minors, an initiative that will help to protect the community and further combat knife crime and youth offending.
The new laws make the sale of knives, replica firearms including gel blasters that are also replica firearms, and edged weapons like machetes, axes, and swords to juveniles, an offence.
The new laws are designed to reduce the accessibility of certain items to young people, disrupt and deter violent offences while enhancing community safety.
Under the legislation, any young person attempting to use false identification to purchase these items could also be charged with an offence.
To further curb the notoriety of weapon possession among young people, it will be prohibited for knives and other items to be advertised in a violent manner or in a way that suggests they are ‘suitable for combat’.
The legislation contains a significant amendment to provide retailers with flexibility to restrict the sale of controlled items to minors prior to the commencement of the offence provisions within the Bill by proclamation.
ABS latest Australia-wide crime figures
Date: 8 February 2024
Source: Australian Bureau of Statistics (ABS)
The Australian Bureau of Statistics (ABS) has released its figures for the 2022–23 financial year for police proceedings. Included is demographic, most serious offence, and family and domestic violence information.
Key statistics
In 2022–23:
- there were 347,742 offenders proceeded against by police across Australia - down 6% from 2021–22;
- acts intended to cause injury increased to the highest number in the time series (91,007 offenders);
- the number of illicit drug offenders increased for the first time in seven years to 52,315 offenders.
Impact of COVID-19 on data
Australia’s federal, state and territory governments put restrictions in place to slow the spread of Coronavirus (COVID-19) from March 2020 to February 2023. The restrictions, and associated penalties for breaching these restrictions, varied across the jurisdictions. This should be considered when interpreting the Recorded Crime – Offenders data for associated reference periods.
Australia
There were 347,742 offenders proceeded against by police across Australia in 2022–23. This was a 6% decrease (down 21,746 offenders) from the previous year to the lowest number recorded since the time series began in 2008–09.
NSW people on remand hits record high; prison population hits lowest number
Date: 8 February 2024
Source: https://www.bocsar.nsw.gov.au/Pages/bocsar_media_releases/2024/mr-custody-Dec2023.aspx
New figures released by the NSW Bureau of Crime Statistics and Research (BOCSAR) show the number of adults on remand in NSW reached the highest point on record in December 2023 at 5,055 people. Remandees are unsentenced and are in custody waiting for their court matter to be finalised.
In contrast, the overall prison population is at its lowest point since late 2015. In December 2023 there were 12,091 adults in custody which is 1,544 fewer than four years previous (down 11% since December 2019). These changes are due to an increase in remandees alongside a larger fall in sentenced prisoners.
In the four years to December 2023, the number of adults on remand increased by 416 people (up 9%) while the number of sentenced prisoners fell by 1960 people (down 22%).
Commenting on the findings, BOCSAR Executive Director, Jackie Fitzgerald, said “More people than ever are in prison waiting for their day in court and accordingly, remandees now make up a greater proportion of the prison population than ever before.
Safer Internet Day: Connect. Reflect. Protect.
Date: 6 February 2024
Source: https://www.esafety.gov.au/newsroom/media-releases/40-jump-in-child-bullying-reports-to-esafety
Acting eSafety Commissioner Kathryn King has reminded parents and carers that 6 February is Safer Internet Day and anyone wanting to brush up on their online safety skills could sign up for free webinars.
As a new school year begins, parents and carers are being urged to talk their kids about how to stay safe online after Australia’s eSafety Commissioner recorded a significant increase in cyberbullying reports.
Last year, eSafety received 2,383 reports of cyberbullying compared to 1,700 in 2022, with two-thirds of reports (67 per cent) concerning children aged 12 to 15 years.
Acting eSafety Commissioner Kathryn King said eSafety’s investigators tend to see an increase in cyberbullying reports during school term because online bullying is frequently an extension of bullying behaviour in the playground or classroom.
“Before school returns, it’s helpful to sit down with your children to reassure them they can always come to you if they see anything online that makes them feel uncomfortable – but to also remind them to treat others with respect,” Ms King said.
NSW Law Society opposes reduced time for majority verdict jury decisions
Date: 30 January 2024
Source: https://www.lawsociety.com.au/rushed-majority-verdicts-risk-under-proposed-jury-changes
President of the Law Society of NSW Brett McGrath said that while the NSW Government’s Jury Amendment Bill 2023 proposes mostly commonsense reforms, significant concerns remain in relation to a proposed reduced four hour period for majority verdicts.
“There can be few, if any, more important duties a citizen has than sitting on a jury. Yet a proposal to halve the amount of time before a jury can be excused from delivering a unanimous verdict represents an erosion of the importance of the jury’s role in our justice system,” Mr McGrath said.
“The stakes for both defendants and the State could not be higher than in a jury trial. Both the defendant’s liberty and the state’s interest in enforcing the law hang in the balance.”
At present, the Jury Act 1977 requires a criminal trial jury to sit for at least eight hours before a court can permit them to reach a “majority verdict” (in which a single juror’s opposing view can be disregarded). Cases in which more than one juror cannot agree to a verdict,
Australian Law Reform Commission Inquiry established to inquire into justice responses to sexual violence
Date: 23 January 2024
Source: https://ministers.ag.gov.au/media-centre/australian-law-reform-commission-inquire-justice-responses-sexual-violence-23-01-2024
The Australian Government has appointed the Australian Law Reform Commission (ALRC) to undertake an inquiry into justice responses to the experience of victims and survivors of sexual violence to improve their experience in the justice system.
Victims and survivors have a direct understanding of the services and systems which are intended to support them but at times fail to do so. The Government has established a sexual violence lived-experience Expert Advisory Group (EAG) to ensure the real-life experience of victims and survivors are front and centre in the ALRC inquiry. The EAG will work closely with the ALRC to inform its inquiry and will advise the Government on implementing its recommendations.
The ALRC inquiry and the EAG are critical steps towards improving access to justice for victims and survivors of sexual violence, which is key to the National Plan to End Violence against Women and Children 2022-2032 (the National Plan).
The ALRC is due to report by 22 January 2025.
Inquiry report into unsolved LGBTIQ-related deaths released
Date: 22 January 2024
Source: https://www.nsw.gov.au/sites/default/files/noindex/2023-12/SCOI-LGBTIQ-Hate-Crimes-Volume-1-181223.pdf
The Final Report of the Special Commission of Inquiry into LGBTIQ hate crimes has been released. The principal task of the Inquiry was to examine the manner and cause of 88 suspected unsolved LGBTIQ hate crime deaths in NSW between 1970 and 2010.
The nature of this Inquiry involved consideration of a culture of oppression and discrimination against the LGBTIQ community during the period including consideration of specific instances of violence and murder.
There were 17 separate public hearings held over 66 days which received into evidence 71 documentary exhibits, many comprised of several hundred documents. in addition, another four public hearings were held primarily reviewing the political and social context and the role of NSW police investigations with evidence given by 38 witnesses.
A further 48 private hearings were held, hearing evidence from 45 witnesses, as well as 175 documentary exhibits tendered in private. Much of that information has been retained in a confidential volume that has not been released for public scrutiny.
Organised crime thriving in NSW
Date: 16 January 2024
Source: https://www.crimecommission.nsw.gov.au/publications/annual-report-2022-2023.pdf/@@download/file
In its 2022-23 annual report, the NSW Crime Commission gives a fascinating insight into the $10 billion spent by Australians on illicit drugs during the year. The thriving market for illicit drugs continues to drive serious and organised crime (SOC) activity in NSW which temporarily declined during the COVID-19 pandemic.
NSW remains the largest market in Australia for illicit stimulants, particularly cocaine and methylamphetamine, making this state a lucrative market for SOC networks. The immense profits available to SOC groups continued to fuel ongoing violent conflict in NSW, including regular murders, kidnappings and public place shootings.
Organised criminal networks
The command and control of organised crime in NSW lies with a cohort of “kingpins” who lead major criminal networks and use their significant wealth to fund drug ventures and associated violence. In 2023, the Commission received information that a recently deceased organised crime leader had amassed over $100 million at the time of their death
National Firearms Register is a legacy of Wieambilla victims
Date: 12 December 2023
Source: https://ministers.ag.gov.au/media-centre/wieambilla-victims-legacy-national-firearms-register-12-12-2023
One year ago, the murders of Queensland Police Constables Rachel McCrow and Matthew Arnold and the brave neighbour who came to their aid, Alan Dare, in Wieambilla, Queensland, shocked and saddened the nation.
In the immediate aftermath of the tragedy, Premier Annastacia Palaszczuk called for Australia to adopt a critical measure to improve gun safety for police and communities – a National Firearms Register.
Responding to the Queensland Premier’s call, Prime Minister Anthony Albanese called a meeting where all state and territory leaders united in support of this historic reform.
Last week, full agreement on the National Firearms Register was reached. A National Firearms Register will ensure police across all Australian jurisdictions have timely and accurate information to assess any firearms risk posed, to protect themselves and the community from harm.
Announcing the establishment of the Register, the Hon Mark Dreyfus KC MP reminded readers of the impact of the Port Arthur massacre in 1996, when Australians resolved that we would never again tolerate the easy access to firearms, and especially high-powered military-style weapons, that made possible the mass slaughter of innocent people.
AFP reaches major milestone in restraining criminal assets
Date: 12 December 2023
Source: AFP restrains $1 billion in criminal assets in major milestone
The AFP-led Criminal Assets Confiscation Taskforce (CACT) has restrained $1.1 billion in criminal assets in the past four years, delivering a significant blow to organised criminals.
Almost half of the $1 billion-plus milestone has been restrained this calendar year alone.
The two-pronged strategy of investigating and prosecuting crime syndicates and restraining and confiscating assets purchased with tainted funds, continues to land a significant blow to organised crime in Australia.
The AFP has released updated restraint results under Operation Avarus-Nightwolf, a money laundering investigation that led to seven members of an alleged organised crime syndicate being charged in October this year.
In October, the value of assets first restrained by the CACT was more than $50 million (including 14 residential properties in Victoria, Queensland, and Western Australia; six motor vehicles; 51 bank accounts and shares).
As a result of further action by the CACT, the value of restrained assets in Operation Avarus-Nightwolf is now more than $160 million, including further residential properties in Victoria and Queensland as well as additional bank accounts and luxury items.
NSW Bar Association calls for action on raising the age of criminal responsibility
Date: 6 December 2023
Source: https://nswbar.asn.au/uploads/pdf-documents/submissions/NSW_Bar_Association_Med_Rel_-_Action_Needed_on_Raising_the_Age_of_Criminal_Responsibility_-_Final.pdf
The NSW Bar Association has called on the NSW Government to expedite the establishment of the support services required to be able to raise the age of criminal responsibility within a clear timeframe.
Previously, the NSW Attorney General stressed that adequate support services should be introduced for children aged below any revised age of criminal responsibility.
“This important reform should not be allowed to drift. There should be clear goals and timeframes,” said Dr Ruth Higgins SC, President of the NSW Bar Association.
“A Standing Council of Attorneys-General (SCAG) Working Group report has provided useful advice on support services that could be provided to children aged below any revised age of criminal responsibility, but the recent SCAG meeting did not reach any national consensus to raise the age.”
“The Northern Territory, the Australian Capital Territory, and Victoria have all acted, or announced their intention to act, on the clear evidence that raising the age of criminal responsibility is best practice policy. It is time for NSW to progress reform in the interests of our young people,” said Dr Higgins SC.
Federal ban on Nazi salute and hate symbols
Date: 6 December 2023
Source: https://ministers.ag.gov.au/media-centre/nazi-salute-and-hate-symbols-criminalised-06-12-2023
Federal parliament has passed the Counter-Terrorism Legislation Amendment (Prohibited Hate Symbols and Other Measures) Bill with unanimous support. The Act criminalises the Nazi salute and the public display of and trade in Nazi hate symbols.
This is the first Commonwealth legislation of its kind and will ensure no one will be allowed to glorify or profit from acts and symbols that celebrate the Nazis and their evil ideology.
The Nazi salute and hate symbols are widely recognised and used to promote hate, recruit followers and convey messages of violence. It is utterly unacceptable that there have been incidents of their use in Australia.
In addition, the Bill ensures that glorifying and praising acts of terrorism are criminal offences under Commonwealth law. The Bill will also increase the penalties for those seeking to glorify these atrocities.
The Bill also criminalises the use of a carriage service for violent extremist material, tackling the rise of violent radicalism proliferating online and enabling law enforcement to intervene in the spread of violent, hateful propaganda.
Qld increases assistance to victims of crime
Date: 30 November 2023
Source: https://statements.qld.gov.au/statements/99281
Announcing the passage of the Victims of Crime Assistance and Other Legislation Amendment Bill 2023, the Queensland Attorney-General and Minister for Justice and Minister for the Prevention of Domestic and Family Violence, the Honourable Yvette D'Ath, said it enabled victims to access significantly greater financial assistance.
The reform package will boost the maximum financial assistance for some victims, including parent secondary victims and related victims, from a maximum of $50,000 up to $75,000.
- The maximum financial assistance for primary victims rises from up to $75,000 to up to $120,000.
- Victims of sexual violence will also be eligible for greater payments, with special assistance increasing across all categories.
Special assistance payments available to domestic and family violence victims will increase nine-fold from $1,000 (category D) to $9,000 (category B).
The range of increases to special assistance payments under the Victims of Crime Assistance Act 2009 include:
- Category A – currently $10,000 increased to $15,000
- Category B – currently $3,500 increased to $9,000
- Category C – currently $2,000 increased to $6,000
- Category D – currently $1,000 increased to $3,000.
WA report proposes coercive control reforms
Date: 28 November 2023
Source: https://www.wa.gov.au/government/announcements/report-sets-clear-path-curbing-coercive-control
The Office of the Commissioner for Victims of Crime has proposed a suite of reforms to confront the pattern of family and domestic violence behaviours known as coercive control.
In a comprehensive report about coercive control, the Commissioner’s Office makes 24 recommendations to Government for systemic and legal changes.
Key recommendations include amending legislation to enable more effective recognition and response to behaviours such as intimidation, isolation and manipulation.
“While WA law recognises coercive control to some extent, the legislation is not able to respond adequately to behaviour that represents a pattern rather than a one-off incident,” Commissioner for Victims of Crime Kati Kraszlan said.
The report recommends that the systemic reform precede criminalising coercive control through the creation of a stand-alone offence.
The Commissioner’s Office conducted extensive community and stakeholder consultations to inform the report.
“Although each person’s experience of coercive control may be different, what is consistent is that people exercising coercive control cause their victims significant pain, fear and trauma,” Ms Kraszlan said.
Survey finds strong link between financial stress and partner abuse
Date: 22 November 2023
Source: Australian Bureau of Statistics
An estimated 4.2 million Australian adults (21 per cent or one in five) have experienced violence, emotional abuse or economic abuse by a partner, according to information from the 2021-22 Personal Safety Survey (PSS) released by the Australian Bureau of Statistics (ABS).
Women were more likely than men to have experienced violence, emotional abuse, or economic abuse by a partner since the age of 15.
Will Milne, ABS head of Crime and Justice statistics, said: “The survey found that 27 per cent of women and 15 per cent of men had experienced violence or abuse by a partner.”
- Just over 1 in 4 women experienced partner violence or abuse (27 per cent or 2.7 million women). 1 in 7 men experienced partner violence or abuse (15 per cent or 1.5 million men).
- Partner violence: 1 in 6 women experienced partner violence (17 per cent or 1.7 million women). 1 in 18 men experienced partner violence (5.5 per cent or 526,600 men).
Public consultation on tech industry standards commenced
Date: 20 November 2023
Source: eSafety Commissioner
Australia’s eSafety Commissioner has commenced public consultation on draft industry standards which will require tech companies to do more to tackle seriously harmful content, including online child sexual abuse material and pro-terror content.
The draft standards cover Designated Internet Services, including apps, websites, and file and photo storage services; and Relevant Electronic Services, covering a range of messaging services as well as online dating services and gaming.
The standards address the production, distribution and storage of “synthetic” child sexual abuse and pro-terror material, created using open-source software and generative AI.
eSafety Commissioner, Julie Inman Grant, invited industry, and all interested stakeholders to participate in the consultation process.
“I encourage everyone to have their say on the draft standards because we all want these provisions to be as robust as possible ensuring online services take meaningful steps to address the risk of illegal content online and protect the community,” Ms Inman Grant said. “These world-leading codes and standards cover the worst-of-the-worst online content including child sexual abuse material and pro-terror content.”
Study finds almost 1 in 10 Australian men have committed a sexual offence against children
Date: 20 November 2023
Source: https://newsroom.unsw.edu.au/news/social-affairs/almost-1-10-australian-men-have-committed-sexual-offence-against-children-study
A study released by the University of UNSW (UNSW) Sydney and Jesuit Social Services, has revealed that, of the community sample surveyed, one in six Australian men reported sexual feelings towards children and/or have sexually offended against children, with one-third of those who have thoughts towards children motivated to access help.
The UNSW-led research recommends significant investment in early intervention measures to prevent child sexual abuse.
The first nationally representative research into the prevalence of child sexual offending behaviours and attitudes has shed unprecedented light on sexually abusive behaviours and feelings among Australian men.
The study is the largest of its kind ever undertaken globally, Identifying and understanding child sexual offending behaviour and attitudes among Australian men. It measured the prevalence of risk behaviours and attitudes regarding child sexual offending among a representative sample of 1,945 Australian men aged 18 to over 65.
Reforms to Victoria’s Workers Compensation System
Date: 15 November 2023
Source: [https://content.legislation.vic.gov.au/sites/default/files/bills/601033bi1.pdf]
Jurisdiction: Victoria
Abstract:
The Workplace Injury Rehabilitation and Compensation Amendment (WorkCover Scheme Modernisation) Bill 2023 (Vic) is presently before the Victorian parliament to reform the state’s worker’s compensation system. The bill’s key impact will be amending entitlement to benefits for mental injuries and altering the test for entitlement to weekly payments beyond the second entitlement period (that is, beyond 130 weeks.
Mental Injury Reform
The Bill will define a mental injury to be a condition causing significant dysfunction. It will need to be diagnosed by a medical practitioner in accordance with the latest version of the Diagnostic and Statistical Manual of Mental Disorders (cl 4).
The bill will insert two new subsections. Sub-s 40(1A) will read –
There is no entitlement to compensation in respect of an injury to a worker if the injury is a mental injury predominantly caused by work related stress or burnout that has arisen from events that may be considered usual or typical and reasonably expected to occur in the course of the worker's duties.
Victorian County Koori Court marks 15 years of operations
Date: 14 November 2023
Source: https://www.countycourt.vic.gov.au/news-and-media/news-listing/2023-11-14-county-koori-court-marks-15-years-operations
The Victorian County Koori Court celebrated 15 years of work towards improving justice outcomes for Aboriginal and Torres Strait Islander people at an event held at the Latrobe Valley Law Courts with Elders and Respected Persons, Judge Johns and the County Koori Court officers in attendance.
Established in 2008, the County Koori Court remains the only sentencing court for Aboriginal and Torres Strait Islander offenders in a higher jurisdiction of Australia.
The County Koori Court also celebrated the 10-year anniversary of sitting at Melbourne on Monday. Speaking at the event, Judge-In-Charge Scott Johns said it was a privilege for judges and staff to work alongside Elders and Respected Persons in providing a cultural voice to hearings.
Victoria prohibits public display of Nazi salute
Date: 9/11//2023
Source: Benbrika v Minister for Home Affairs
Court: High Court of Australia
Judges: Kiefel CJ, Gageler, Gordon, Edelman, Steward, Gleeson and Jagot JJ
Judgment date: 1 November 2023
Catchwords:
CONSTITUTIONAL LAW (CTH) — Judicial power of Commonwealth — Cessation of Australian citizenship — Where s 36D of Australian Citizenship Act 2007 (Cth) (“Act”) provided Minister for Home Affairs may make determination that person ceases to be Australian citizen if, among other matters, person has been convicted of offence against provision of Pt 5.3 of Criminal Code (Cth) (terrorism) and sentenced to period of imprisonment of at least 3 years in respect of conviction, and Minister satisfied conduct demonstrates repudiation of allegiance to Australia — Where s 36B of Act held in Alexander v Minister for Home Affairs (2022) 96 ALJR 560401 ALR 438 to be contrary to Ch III of Constitution for conferring upon Minister exclusively judicial function of adjudging and punishing criminal guilt — Where applicant citizen of Algeria and Australia — Where applicant convicted of and sentenced to term of imprisonment exceeding 3 years for offences against provisions of Pt 5.3 of Criminal Code — Where Minister determined pursuant to s 36D of Act that applicant cease to be Australian citizen — Where accepted, on authority of Alexander, that s 36D of Act properly characterised as punitive — Whether s 36D, like s 36B, contrary to Ch III of Constitution for conferring upon Minister exclusively judicial function of punishing criminal guilt — Whether Ch III prohibits reposing in Commonwealth Executive power to punish criminal guilt where court has adjudged criminal guilt — Whether prohibition subject to exception for involuntary deprivation of citizenship as punishment following conviction.
Not excessive sentence where public trust corroded: Macdonald v R [2023] NSWCCA 253
Date: 31 October 2023
Source: CaseBase Cases
Court: Court of Criminal Appeal, Supreme Court, NSWJudges: Bell CJ, Basten AJA, Button J
Judgment Date: 6 October 2023
Catchwords:
CRIME — appeals — appeal against sentence — conspiracy to commit misconduct in public office — common law offence — choice of comparable sentences — whether sentence manifestly excessive.
SENTENCING — common law offence with no maximum penalty — use of statutory analogues for guidance — whether statutory offences in other jurisdictions provide guidance as to unexpressed intention of local State legislature — whether sentencing judge failed to give appropriate weight to proposed Commonwealth analogue — whether obligation to explain departure from proposed analogue.
SENTENCING — challenge as to fact finding on sentence — whether sentencing in a circumstantial case must rely only on facts established beyond reasonable doubt — observations as to standard of review of assertion of mistaken facts.
Abstract:
This was an appeal on conviction and sentence by Ian Michael Macdonald who was Minister for Mineral Resources in the NSW government from 2005 to 2010.
Victoria prohibits public display of Nazi salute
Date: 30 October 2023
Source: Parliament of Victoria
The Summary Offences Act 1966 has now been amended by a Bill prohibiting a ban of the Nazi salute and the public display or performance of any symbol or gesture used by the Nazi Party and its paramilitary arms. The Summary Offences Amendment (Nazi Salute Prohibition) Bill 2023 has now received assent.
In her second -reading speech to the Victorian Parliament, Minister for Mental Health, Minister for Ageing, Minister for Multicultural Affairs, Ingrid Stitt, said the Government acknowledged that Nazi symbols and gestures, such as the Nazi salute, are being used to intimidate and cause harm to a wide range of groups, including the Jewish community, Aboriginal and Torres Strait Islander people, LGBTIQ+ people, people with disability and other racial and religious groups.
The Minister said the Government was deeply concerned by the use of the Nazi salute occurring in Victoria following last year’s ban of the display of the Nazi symbol, the Hakenkreuz.
Sexual assault trauma in the legal system reviewed
Date: 24 October 2023
Source: https://www.judicialcollege.vic.edu.au/node/45402
A new report intended to bring changes in how sexual assault proceedings are managed and improve the experiences and outcomes for survivors has been released.
The comprehensive report titled "Specialist Approaches to Managing Sexual Assault Proceedings: an Integrative Review" has been co-authored by the Australasian Institute of Judicial Administration (AIJA), in collaboration with the Commonwealth Attorney-General’s Department, CQUniversity College of Law, and Queensland Centre for Domestic and Family Violence Research (QCDFVR).
Authored by Dr Amanda-Jane George, Dr Vicki Lowik, Dr Masahiro Suziki, and Dr Nichola Corbett-Jarvis, with the advisory assistance of Associate Professor Heather Lovatt, the report seeks to address the ongoing issue of sexual violence in Australia and its traumatic repercussions. The report is seen as a step towards enhancing the criminal legal system's approach to sexual assault cases in Australia.
Victorian Integrity Commission into parliamentary misconduct begins
Date: 17 October 2023
Source: Parliamentary Integrity Commission Consultation Begins
The Victorian Government is inviting consultations before establishing a Parliamentary Integrity Commission to investigate allegations of misconduct by MPs, Ministers and Parliamentary Secretaries.
The proposed Parliamentary Integrity Commission Bill will implement seven recommendations from the IBAC and the Victorian Ombudsman’s July 2022 report into Operation Watts, as well as the 2021 review of the parliamentary workplace commissioned by the Presiding Officers.
Described as the most significant overhaul of parliamentary oversight in the country, the proposed model draws on the ground-breaking work of the Jenkins Report. It includes the Government‘s commitment to allow the Commission to investigate allegations of inappropriate parliamentary workplace behaviour.
Consultation will begin shortly to inform the final model ahead of legislation being introduced to Parliament next year. Consultation is a significant next step to the establishment of the new Parliamentary integrity framework.
NSW police to be able to issue fines for personal drug use and possession
Date: 10 October 2023
Source: Police given power to issue on-the-spot fines with health intervention for small quantity drug possession
Using the existing Criminal Infringement Notice framework, NSW Police will be able to issue up to two on the spot Criminal Infringement Notices (CINs), which are $400 fines, to adults for personal drug use and small quantity drug possession offences.
The scheme will encourage people who get a Criminal Infringement Notice to complete a tailored drug and alcohol intervention and, if they do complete it, then their fine will be treated as though it was paid. If the health intervention is not completed, the penalty will be enforced by Revenue NSW.
The Commissioner of Police and Chief Health Officer supported the approach and have advised the government of their operational readiness to implement the scheme from next year.
The Government will introduce Justice Miscellaneous Provisions Bill this week to finalise this change and it is anticipated that the scheme will commence in early 2024.
The new drug diversion program will not apply to serious offences such as…
The VLSB+C comments on lawyers using generative AI
Date: 29 September 2023
Source: Generative AI and Lawyers
The Victorian Legal Service Board and Commissioner (VLSB+C) has provided some initial comments on current developments, particularly around ChatGPT, but with application to all generative AI (Artificial Intelligence) platforms, noting both their potential benefits and risks in legal practice.
What is ChatGPT and how does it work?
ChatGPT is one of a number of “large language models” (LLM) that are currently undergoing development and training. It has a conversational interface where a user provides a “prompt” that will generate human-like text on a wide variety of topics. It can generate fluent and often highly convincing answers to many questions.
ChatGPT is able to generate text as it is trained on enormous amounts of data scraped from the internet. It produces text based on the probability of the word or combination of words that is most likely to come next. This context is derived from the training content, that is, material already online. Different training sets will create different suggestions for the same prompt, and it should be noted that as the model develops and the training set expands, a greater variety of options will be generated.
NSW untrained officers still strip-search music festival patrons
Date: 25 September 2023
Source: https://www.lecc.nsw.gov.au/news-and-publications/news/media-release-commission-audit-finds-untrained-officers-strip-searched-music-festival-patrons
https://www.lecc.nsw.gov.au/news-and-publications/publications/review-of-a-sample-of-nswpf-strip-search-records-2021-2022.pdf/@@download/file
A collaborative review undertaken by the NSW Police Force and the Law Enforcement Conduct Commission found improvements in training for police attending music festivals, but gaps in the training roll-out, according to a new Commission report.
The report, Review of a sample of NSW Police Force strip search records 2021-2022, found that less than half of the officers who carried out strip searches at the music festivals in the sample had completed the specialist music festival training. The report also found that officers performing searches at the festivals had not used a “music festivals field processing form” designed to help police comply with person searching law and policy.
The Commission and the NSW Police Force collaborated on the framework used to evaluate the strip search records and on the measure of a successful implementation of the new strip search practices.
Standing Council of Attorneys-General endorse coercive control national principles
Date: 22 September 2023
Source: https://www.ag.gov.au/sites/default/files/2023-09/scag-communique-september-2023_0.pdf
The Standing Council of Attorneys-General convened on 22 September 2023 in Perth has released its agreed principles. The meeting was chaired by the Hon Mark Dreyfus KC MP, Commonwealth Attorney-General. All jurisdictions, except New Zealand, were represented. The National Principles are a significant step in addressing gender-based violence in Australia and are intended to recognise that understanding and identifying coercive control is fundamental to an effective response to family and domestic violence.
National principles to address coercive control.
Participants:
- (a) endorsed the National Principles to Address Coercive Control in Family and Domestic Violence (National Principles), and
- (b) agreed to progress initiatives that increase awareness and improve responses to coercive control in alignment with the National Principles.
The National Principles and supporting resources are available on the Attorney-General's Department website.
Queensland Government announces significant reforms to its forensic services
Date: 18 September 2023
Source: The Queensland Cabinet and Ministerial Directory
Tabling its first progress report in parliament, the Queensland Government outlined its response to the Commission of Inquiry into Forensic DNA Testing in Queensland, conducted by Walter Sofronoff KC.
Minister for Health, Mental Health and Ambulance Services and Minister for Women, the Honourable Shannon Fentiman said significant progress had been made on the delivery of recommendations by the Commission of Inquiry into Forensic DNA Testing in Queensland.
The inquiry’s final report, delivered in December 2022, highlighted flawed forensic DNA testing procedures and their impacts on the criminal justice system.
The government accepted all 123 recommendations made in the report and made an immediate initial investment of more than $100 million to support implementation. The Queensland Government has made significant inroads into reforming its forensic DNA testing services, with an additional $94.5 million announced to continue this important reform.
Money laundering investigation smashes multi-million-dollar illicit tobacco and vape supply
Date: 1 September 2023
Source: https://www.ccc.qld.gov.au/news/multi-million-dollar-money-laundering-investigation-smashes-illicit-tobacco-and-vape-supply
Following a multi-agency response, more than $835,000 in cash, more than 8 million cigarettes and about 3.74 tonnes of loose-leaf tobacco with a total excise value of more than $14 million, 60,000 vapes with a street value of approximately $1.8 million and six motor vehicles were seized from the south-eastern Queensland area.
The raid resulted in a 37-year-old man being charged and appearing in the Beenleigh Magistrates Court.
In a joint statement from the Crime and Corruption Commission, Queensland Police Service, Australian Taxation Office, Queensland Health, Therapeutic Goods Administration and Australian Border Force outlined their role in this operation.
In February 2023, the Crime and Corruption Commission (CCC) commenced intelligence Operation Aberdeen, which included a focus on the suspected money-laundering activities of a man from the Logan area. During the investigation, the CCC obtained evidence indicating the man was allegedly involved in the distribution and sale of illicit tobacco and vape products to retail stores throughout Queensland. Investigations indicated these activities generated significant profits which may have been laundered, and the CCC is continuing to investigate these matters.
Coercive control website launched
Date: 30 August 2023
Source: Website launched to raise community awareness of coercive control in domestic violence
The NSW Government has launched a new website on coercive control to help raise awareness and educate the public about this abuse, which is a known precursor to domestic violence deaths.
Attorney General Michael Daley said the website provides information to broaden the public’s understanding of coercive control in current or former intimate partner relationships.
“It provides accurate descriptions and examples of coercive control and includes information about what the legislative reforms mean, who they apply to, how to recognise patterns in behaviour that could lead to this abuse and where and how to seek help.”
“The Domestic Violence Death Review Team found that about 97 per cent of intimate partner domestic violence homicides in NSW between 2000 and 2018 were preceded by coercive control where the perpetrator used emotional and psychological abuse towards the victim,” Attorney General Daley said.
Consent reforms to the Justice Legislation Amendment (Sexual Offence and Other Matters) Act 2022 come into effect
The Justice Legislation Amendment (Sexual Offence and Other Matters) Bill 2022 (the Bill) was tabled in Parliament on 12 November 2021 and passed on 4 August 2022. In response to improving issues surrounding sexual offending in Victoria, the Victorian Law Reform Commission’s (VLRC) Report, “Justice System Response to Sexual Offences”, have resulted in amendments to the Justice Legislation Amendment (Sexual Offence and Other Matters) Act 2022 came into effect on 30 July 2023.
Rape myths still prevail despite some reforms for victims
Date: 10 August 2023
Source: Review of sexual violence trials shows reform is needed to improve the process for victims
In the largest study of its kind since the landmark 1996 NSW Heroines of Fortitude Report, a review of District Court trials, Experience of Complainants of Adult Sexual Offences in the District Court of NSW: A Trial Transcript Analysis, has shown that that while previous reforms have made improvements, more needs to be done.
The study, commissioned by the NSW Department of Communities and Justice, through the NSW Bureau of Crime Statistics and Research, was undertaken by Professor Julia Quilter from the School of Law at the University of Wollongong (UOW) and Professor Luke McNamara from UNSW.
They analysed the transcripts of 75 sexual offence trials finalised in the District Court of NSW between 2014 and 2020 (more than 30,000 pages of transcript).