Writer
Spencer Zifcak
Spencer Zifcak is Allan Myers Professor of Law at the Australian Catholic University, a former President of Liberty Victoria, and a Director of the Accountability Round Table.
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Detaining Refugees Indefinitely: The Executive v The Judiciary
Recently, a Federal Court Judge ordered the immediate release of a young man from immigration detention. The man had been in immigration detention for five years. The Federal Government wasn’t happy. It introduced legislation into the Commonwealth Parliament to make sure that no such release could happen again. The Government’s power to detain non-citizens indefinitely… Continue reading »
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Australia’s human rights failings seriously exposed
Every four years, all member states of the United Nations are required to submit their human rights record for review by the UN Human Rights Council (UNHRC). Australia had its turn in January this year. By any account, Australia’s record with respect to the protection of human rights remains relatively satisfactory. However, the recent interchange… Continue reading »
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Western governments will have blood on their hands unless they stop persecuting Julian Assange
The case of Wikileaks founder Julian Assange is complex, containing elements of law, freedom of speech and of the media, journalism, politics, international relations and health. In the recent hearing to determine whether Assange should be extradited to the US, health became the dominant discourse. He may die if several Western governments do not stop… Continue reading »
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Christian Porter’s Federal Integrity Commission is a complete flop
Recently, a team from Transparency International and Griffith University released an important report. The report, Australia’s National Integrity System: A Blueprint for Action, proposed that an entirely new and comprehensive governmental integrity system be developed in Australia. Plainly the report picked up on the fact that public concern with the abuse of public power for… Continue reading »
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Susan Ryan. A formidable and compassionate advocate on human rights.
Susan Ryan, the minister for education in the Hawke Government and the pioneer who brought Australia its Sex Discrimination Act, died very recently. This is a remembrance from a friend…. Continue reading »
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Witness K and Bernard Collaery: An Unjust Prosecution Gets Even Worse
The prosecution of former ACT Attorney-General, Bernard Collaery, and his client, Witness K, continues to play itself out before the ACT Supreme Court. This is a legal fiasco of the first order. The prosecution should never have commenced…. Continue reading »
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Searches, Seizures and Sanctions in Australia’s Immigration Detention Camps
A disturbing and distressing new development has occurred in the Commonwealth’s policies with respect to immigration detention. Pursuant to an amendment to the Migration Act (Cth), non-citizens who have committed criminal offences in Australia are now subject, under s.501, to mandatory cancellations of their visas…. Continue reading »
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SPENCER ZIFCAK. The New Asio Powers: The Good, the Bad and the Ugly
The Minister for Home Affairs, Peter Dutton, has introduced new, comprehensive powers for ASIO. The Australian Security Intelligence Organisation Amendment Bill 2020 repeals ASIO’s existing questioning and detention warrant framework and introduces a reformed and extended compulsory questioning scheme. The Bill is not all bad. But there is quite enough in it to cause those… Continue reading »
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SPENCER ZIFCAK. The Religious Discrimination Bill
The Religious Discrimination Bill, introduced by the Attorney-General Christian Porter, has its flaws. Nevertheless, it walks a more or less acceptable line between arch proponents and critics of the recent campaign for greater religious freedoms. The Government has produced relatively moderate legislation that mirrors Commonwealth anti-discrimination legislation related to race and sex. In that sense… Continue reading »
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SPENCER ZIFCAK. Journalists, media freedom and the law.
The Australian Federal Police (AFP) raids on journalists from News Corporation and the ABC have caused very considerable community consternation. The fact that these raids occurred in the immediate aftermath of the recent election and within a day of each other served only to animate public concern. These events have prompted a re-appraisal of the… Continue reading »
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SPENCER ZIFCAK. The Federal Government Corrodes the Independence of the Administrative Appeals Tribunal
The Federal Government Corrodes the Independence of the Administrative Appeals Tribunal The Commonwealth Administrative Appeals Tribunal (AAT) is a quasi-judicial body designed to promote the rule of law and good government by enabling citizens to call into question the decisions of public sector departments and agencies. The Tribunal reviews government decisions on the merits of… Continue reading »
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SPENCER ZIFCAK. Offshore Processing: The New Legal Attack.
Two new legal actions designed to put an end to Australia’s policy of offshore processing have just landed at the High Court of Australia. In a novel twist, the cases will not depend on the High Court’s interpretation of the Migration Act. Nor are they constitutionally founded. Instead, the National Justice Project, the law firm… Continue reading »
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SPENCER ZIFCAK. No Friend But the Mountains’:* Behrouz Boochani’s Extraordinary Narrative Of Life on Manus Island
Behrouz Boochani is an Iranian journalist, writer and refugee. He arrived in Australian waters by boat seeking refuge after a near fatal journey from Indonesia. He never made it to the mainland. Kevin Rudd had shut down access to Australia. Tony Abbott had opened out the desolate encampments on Manus Island and Nauru. Boochani was… Continue reading »
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The Attorney-General, the ASIS officer and his lawyer: the shameful Timor prosecution
Last week the Attorney-General, Christian Porter, announced that he had approved the prosecution of Witness K, a former ASIS operative and his lawyer, Bernard Collaery, a former Attorney-General of the ACT. They are to be prosecuted for a breach of s.39 of the Intelligence Services Act 2001 (Cth). The prosecution arises out of the involvement… Continue reading »
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SPENCER ZIFCAK. Are Thousands of Asylum Seekers in Australia About to be Thrown off Income Support?
About two months ago, Peter Dutton’s Department of Home Affairs took a decision that will have momentous consequences. In an initiative, given no publicity, the Minister decided that the substantial majority of asylum seekers awaiting the determination of their applications for refugee status will have their income support terminated. … Continue reading »
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SPENCER ZIFCAK. Need an urgent medical transfer from Nauru? Forget it.
The former Commissioner of the Australian Border Force (ABF), Roman Quaedvlieg, made a remarkable admission last week. It occurred in an exchange on Twitter with a former senior medical officer who had worked with refugees on Nauru. In a tweet, Quaedvlieg admitted that during his tenure the ABF had deliberately obstructed and thwarted the transfer… Continue reading »
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SPENCER ZIFCAK. Government Policies globally and the Torture of Refugees
Nils Melzer is the UN Special Rapporteur on Torture and Cruel, Inhuman and Degrading Treatment. Recently, he presented a damning report to the UN Human Rights Council on the subjection of refugees across the world to torture. Melzer’s fundamental contention was this. The primary cause for the massive abuse suffered by refugees globally is neither… Continue reading »
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SPENCER ZIFCAK. Australia elected to UN Human Rights Council – despite international condemnation.
Two weeks ago, Australia was chosen as one of two new member nations on the UN Human Rights Council (HRC). Before one gets too excited about this achievement it is worth noting that our country’s election was uncontested. There were three countries vying for two positions on the HRC – Australia, Spain and France. France dropped… Continue reading »
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SPENCER ZIFCAK. What’s Wrong with Peter Dutton’s New Super Ministry? The Preparation, the Institution, and the Politician Perhaps?
Peter Dutton is to be given a fiefdom – the new, massive Department of Home Affairs. Peta Credlin responded immediately by saying that the creation of the new department had the ‘stink of a prime minister who’s under pressure and has to be seen as doing something.’ That’s unfair…. Continue reading »
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SPENCER ZIFCAK. Three Ministers vs. Three Judges: Executive Government gets Flattened
In Victoria’s Court of Appeal last Friday, an encounter unprecedented in Australian legal and political history played itself out. Through the Commonwealth Solicitor-General (SG) three Commonwealth Government Ministers made an abject apology to the Court…. Continue reading »
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SPENCER ZIFCAK. The Black Hearts Behind Australia’s Offshore Detention Policy
So, the Australian Government has settled a class action brought by asylum seekers detained on Manus Island for $70,000,000. Apparently, the settlement was reached because the Government was fearful of the evidence and stories of official abuse that would have emerged over some six months should the action have been litigated in court. Lawyers in… Continue reading »
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SPENCER ZIFCAK. From Imbroglio to Fiasco: Malcolm Turnbull Loses the Plot on S.18C
The argument about the terms of Sections 18C and 18D of the Commonwealth Racial Discrimination Act (RDA) began with the case brought against the journalist, Andrew Bolt, now some six years ago. The temperature of the debate has risen and fallen during that time, but one aspect of it has remained constant. … Continue reading »
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SPENCER ZIFCAK. Robert Manne v Ramesh Thakur v Gillian Triggs: What on Earth is Going On?
If one were ever in this situation, who would one wish to speak for them: George Brandis or Gillian Triggs? That’s the choice. … Continue reading »
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SPENCER ZIFCAK. The Federal Government Attacks its Watchers
In recent years, the Federal Government has made an art form of undermining the autonomy of independent statutory offices established to hold it to account. One by one, statutory offices have been subject to forceful governmental and media assaults…. Continue reading »
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SPENCER ZIFCAK. Critique of Government’s attacks on civil society.
UN Special Rapporteur on Human Rights Defenders’ Scathing Critique of Government’s Attacks on Civil Society In 1998, after 14 years of haggling, the UN General Assembly finally adopted the landmark UN Declaration on Human Rights Defenders. After another 10 years of thinking about it, the Australian government agreed to sign on to the Declaration…. Continue reading »
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SPENCER ZIFCAK. First Law Officer v Second Law Officer: George Brandis and Justin Gleeson in Conflict (Part 2)
In a previous article in these pages (SPENCER ZIFCAK. First Law Officer vs Second Law Officer: George Brandis undermines Justin Gleeson), I set down the core principles at stake in the present conflict between the Commonwealth Attorney-General, George Brandis, and the Commonwealth Solicitor-General, Justin Gleeson. The conflict concerns the extent and limits of the Solicitor-General’s… Continue reading »
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SPENCER ZIFCAK. Freedom of Speech and the Racial Discrimination Act
Within days of the July election result having finally been announced, forces within the Conservative faction of the Liberal-National party moved to re-open the debate on reform to S.18C of the Racial Discrimination Act (RDA). Section 18C makes it a civil offence to insult, offend, humiliate or intimidate a person on the grounds of… Continue reading »
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SPENCER ZIFCAK. Counter-terrorism and human rights.
I am presently in Paris. Along with many other countries, France faces a terrorism threat. France is grappling with the problem of how democracies can best handle threats of terrorism. In light of that I am reposting an earlier article from the Policy Series, by Spencer Zifcak, on human rights and combatting terrorism. John Menadue… Continue reading »
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SPENCER ZIFCAK. Chilcot: The War and the Law
As is now well known, the Chilcot Report on the British Government’s planning, execution and aftermath of the Iraq war provided a scathing critique of almost every aspect of the Prime Minister’s and government’s conduct. There is one facet of this deplorable episode that has not yet received any adequate consideration in the Australian… Continue reading »
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SPENCER ZIFCAK. First Law Officer vs Second Law Officer: George Brandis Undermines Justin Gleeson (Part 1)
It has become a regrettable pattern in the legal world for Attorney-General, George Brandis, to seek to undermine holders of independent legal offices with whom he has disagreed. One thinks back only a year, to recall his vociferous attack on Gillian Triggs, the President of the Australian Human Rights Commission. This attack followed from… Continue reading »
