In the recent case of Tajjour v New South Wales  HCA 35, the High Court was asked to consider whether New South Wales laws prohibiting ‘consorting’ with convicted offenders infringe the right to freedom of association, protected by an inferred right in the Australian Constitution or by the application of the International Covenant on Civil and Political Rights (ICCPR).
Half of all Australians will experience a legal problem this year. Most won’t get legal assistance or come into contact with our courts or other legal institutions. In part, this is because Australia’s legal system is “too slow, expensive and hard to understand”.
This was a key finding of the Productivity Commission’s draft report of its inquiry into access to justice, released this week.
The 891-page report seeks feedback on a number of findings and recommendations to improve access to justice. But why are they needed? And are the recommendations practical?
LAST week was a big week in Canberra. While much of the focus was on Julia Gillard's work for the Australian Workers' Union in the mid 1990s, the Parliament also considered laws for the national disability insurance scheme, education funding recommended by the Gonski review, pokie reform, the Murray-Darling basin plan, and recognising indigenous Australians in our Constitution.
But another important issue was considered by our politicians; one that may have far-reaching implications for our justice system and more broadly across the community, and one that received hardly any attention amidst the cacophony of the last sitting week of Parliament - the Senate began to consider a new policy of "justice reinvestment".
The number of Australians who were homeless on census night increased by 17% to 105,237 in the five years to August 2011. When adjusted for population growth, the increase the increase is still worryingly high, at around 8%. It’s clear we need a stronger commitment to address this significant social issue.
Medical-legal partnerships have broken down the barriers to accessible legal services for people experiencing health issues in the United States. Such programs demonstrate the health benefits of effective legal advocacy on behalf of patients and Australia could learn from this model to improve access to justice and deliver better health outcomes.
The Victorian Department of Justice recently released a discussion paper calling for community input into the design and implementation of diversion programs for young people engaged in the criminal justice system.
Unlike many jurisdictions in Australia, Victoria has not adopted a legislative, court-based diversion scheme for addressing crime committed by children and young people. The state has also seen limited investment in diversionary programs and an overreliance on discretionary police cautions. For young people in rural and regional areas, access to diversion programs and support services is especially limited.
According to the best estimates at the time, almost 105,000 Australians were homeless on census night in August 2006. This promoted then Prime Minister Kevin Rudd to make the ambitious commitment to accommodate all people sleeping rough and halving the number of homeless in Australia by 2020.