Latest Criminal Law Updates in Australia for 2024

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

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:

1. 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.
2. 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

https://aija.org.au/wp-content/uploads/2023/10/Specialist-Approaches-to-Managing-Sexual-Assault-Proceedings_An-Integrative-Review_05.pdf

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).