Submission: Traditional Rights and Freedoms—Encroachments by Commonwealth Laws (ALRC Interim Report 127) [Due 21 September 2015]


(Brendan Molloy) #1

https://www.alrc.gov.au/publications/alrc127

Someone can make a pad. :smile:


(William) #2

Wow this is a fun read. I’ll be blunt, I’m skimming a few pages and I’m also not a lawyer. I did find one thing that stood out before I got bored. 3.45 is essentially Brandis’ response to terrorism legislation limited free speech re. a person ‘advocates’ terrorist act or offence if a person ‘counsels, promotes, encourages or urges’ the doing of it and loosely worded nature of said legislation.

Brandis talks about how “offences generally require a person to have three things” which are capability, motivation and imprimatur. However, this seems to be Brandis saying “well generally we won’t prosecute for that, so if the legislation is defined more loosely that’s ok” which I would say is a big no-no. When judging such laws, I think we should see how they can be applied if the letter of the law is followed strictly, as well as how they were “intended” to be used.

Edit: If someone wants to just read the contents bit, and split up the reading into bits that make sense, maybe we could do a bit each? I’m happy to go through a whole section but no way can I do the whole document. If I know that I only have to thoroughly read my one section, it’d make it easier to work through. Does that make sense?


(Mozart Olbrycht-Palmer) #3

I think dividing it up among two or more people would be a good idea. I’ll endeavour to divide it up by the end of the week. @dcrafti @Brandon @AndrewDowning — able/interested to help.


(Brandon Selic) #4

Only just saw this. I’m in, but this is going to be a beast to wade though.

Sections 9-13 & 18 look like the ones I should specifically look at. I’ll try to get a start on it Sunday.


(Mozart Olbrycht-Palmer) #5

In that case, I think @EWPettersson — how about you do chapters 3–8 on general freedoms and rights.
That leaves me with chapters 1–2, 14–17 which is the meta stuff and some trial rights.
(Unless you want to swap — fine with me).

We can put notes here: http://pad.pirateparty.org.au/p/rights-and-freedoms-interim-report


(William) #6

Just uploaded the notes from the first of my sections. Let me know if this is the sort of thing we want, or whether I should be looking for something else

Dumped another section. My summaries are getting briefer, but mainly because I leave for holidays tomorrow and won’t be back until the 22nd (and submissions are due 21st) so this is my last real chance to get anything done.


(Mozart Olbrycht-Palmer) #7

Ta! Yeah, I’m pretty busy too. Thanks for your work, I’ll get around to stitching it together and submit it on time, I hope.