Max Costello LLM, now retired, was a prosecuting solicitor with WorkSafe Victoria, and a law lecturer with Melbourne’s RMIT University. He is the author of several articles on health and safety concerns in immigration detention, and has co-written related submissions (one with Robert Richter QC) to Senate Committees.
Being largely reactive, integrity commissions can’t prevent all corruption: new laws could help
A federal integrity commission alone can’t prevent, for example, the administrative sabotaging – or selective non-enforcement – of a protective Commonwealth law. Targeted prevention legislation is needed. Continue reading »
Australia’s cruelty to refugees: which legal ‘straw’ might break the camel’s back?
In April 2021, Australia’s harsh treatment of immigration detainees under a 1994 policy – whereby anyone without an entry visa who seeks asylum from persecution must be detained, potentially indefinitely – is facing two court challenges. Could either case end the regime’s systemic cruelty? Continue reading »
Why aren’t work health and safety laws used to confront Parliament’s ‘sexual abuse with impunity’ culture?
The review into parliament, following allegations of sexual assault, has not specifically highlighted the most important piece of legislation for ensuring the safety of Parliament workers, the Work Health and Safety Act. Without the act’s enforcement, Parliament will remain unsafe and its workers vulnerable. Continue reading »
Australia’s ‘rule of law’ system leaves millions unprotected: Part 2
Part 1 discussed the role of law-makers (parliamentarians) and law-implementers (public servants). Part 2 discusses the role of law-interpreters (judges) and law-enforcers, including a non-regulating regulator, Comcare. Continue reading »
Australia’s ‘rule of law system’ leaves millions unprotected: Part 1
The rule of law ‘system’ is not an amorphous single entity – government – but involves law-makers (such as prime ministers and other ministers), law-implementers, law-interpreters, and law enforcers. Their work has left unprotected several million vulnerable people. How? This part covers law-makers and law-implementers. Continue reading »
“Help!” trumpets the elephant, “I’m being bullied by a mouse.”
The ‘elephant’ is Peter Dutton’s mega Department of Home Affairs; the ‘mouse’ is the mobile phone of an immigration detainee. Continue reading »
The travesty of Detention Centre health care
Comcare has still not laid charges against Australian Border Force. Continue reading »