find the latest legal job
Corporate Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Highly-respected, innovative and entrepreneurial Not-for-Profit · Competency based Board
View details
Chief Counsel and Company Secretary
Category: Generalists - In House | Location: Newcastle, Maitland & Hunter NSW
· Dynamic, high growth organisation · ASX listed market leader
View details
In-house Projects Lawyer | Renewables / Solar | 2-5 Years PQE
Category: Generalists - In House | Location: All Australia
· Help design the future · NASDAQ Listed
View details
Property lawyer - Melbourne
Category: Property Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Impressive client list, national firm · Well-led and high-performing team
View details
Senior family lawyer - Melbourne
Category: Family Law | Location: Melbourne CBD & Inner Suburbs Melbourne VIC
· Outstanding national firm · High-calibre family law team
View details
Bill akin to intervention

Bill akin to intervention

The Australian Lawyers Alliance (ALA) has slammed the Federal Government’s proposed Stronger Futures legislation, saying it will erode Indigenous advancement and increase the Indigenous jail population._x000D_

The Australian Lawyers Alliance (ALA) has slammed the Federal Government’s proposed Stronger Futures legislation, saying it will erode Indigenous advancement and increase the Indigenous jail population.

The ALA presented a 54-page submission to a Parliamentary Inquiry into the legislation, focusing on numerous aspects of the legislation that impose prison terms for minor crimes.

ALA national president Greg Barns said many of the measures criminalising conduct in the proposed legislation are “regressive” and “smack of paternalism”.

“The [legislation] would imprison, for up to six months, any Indigenous person found carrying alcohol into a proscribed area; and up to 18 months those found carrying more than 1.35 litres of alcohol,” said Barns.

“Under the proposed laws, judges are also forbidden to consider customary law in sentencing. No other group has been singled out in such a manner, with judges being able to take family background into consideration when deciding on appropriate sentences.”

Under the proposed legislation, Indigenous community stores would be subject to greater scrutiny than other small businesses in Australia, and the ALA has labeled it as “racist in design” and “flout[ing] its obligations under international law by continuing to separate Indigenous rights from the rights of others”.

 “This is in breach of Article 1(4) of the International Convention on the Elimination of All Forms of Racial Discrimination,” said Barns, who also called into question the amount of interpretative power that would rest with the Commonwealth Minister.

 Barns also said the consultation process had been defective.

 “Stronger Futures is obvious spin. The authors are dressing existing damaging Northern Territory intervention legislation in different policy guise to make it more marketable,” he said.

 “If this law goes through, the Australian taxpayer will be funding something just as damaging as the Northern Territory intervention, likely to exacerbate Indigenous health and social issues, and change little but letterhead.”

 The legislation is due to be presented to Parliament on 29 February.

 

Like this story? Read more:

QLS condemns actions of disgraced lawyer as ‘stain on the profession’

NSW proposes big justice reforms to target risk of reoffending

The legal budget breakdown 2017

Bill akin to intervention
lawyersweekly logo
Promoted content
Recommended by Spike Native Network
more from lawyers weekly
Warning
Aug 23 2017
NT Law Society sounds alarm on mandatory sentencing
The Law Society Northern Territory has issued a warning over mandatory sentencing, saying it hasn’...
Unite
Aug 22 2017
Professionals unite in support of marriage equality
The presidents of representative bodies for solicitors, barristers and doctors in NSW have come toge...
Aug 21 2017
Is your firm on the right track for gig economy gains?
Promoted by Crowd & Co. The way we do business, where we work, how we engage with workers, ev...
APPOINTMENTS
Allens managing partner Richard Spurio, image courtesy Allens' website
Jun 21 2017
Promo season at Allens
A group of lawyers at Allens have received promotions across its PNG and Australian offices. ...
May 11 2017
Partner exits for in-house role
A Victorian lawyer has left the partnership of a national firm to start a new gig with state governm...
Esteban Gomez
May 11 2017
National firm recruits ‘major asset’
A national law firm has announced it has appointed a new corporate partner who brings over 15 years'...
opinion
Nicole Rich
May 16 2017
Access to justice for young transgender Australians
Reform is looming for the process that young transgender Australians and their families must current...
Geoff Roberson
May 11 2017
The lighter side of the law: when law and comedy collide
On the face of it, there doesn’t seem to be much that is amusing about the law, writes Geoff Rober...
Help
May 10 2017
Advocate’s immunity – without fear or without favour but not both
On 29 March 2017, the High Court handed down its decision in David Kendirjian v Eugene Lepore & ...