Response by defence counsel to Crown opening

Chief Justice Grant has requested that this letter be circulated to CLANT members.

CLANT AGM: 28 April 2017

CLANT members are hereby notified that in accordance with Clause 38(2) of the CLANT Inc. Constitution, the 2016 Annual General Meeting will be held at 5 pm on Friday 28 April 2017 at the offices of the Northern Territory Legal Aid Commission Main conference room - NT Legal Aid, Level 5, 9-11 Cavenagh Street, Darwin.

The particulars and order of business will be:

  1. Confirmation of Minutes CLANT AGM 6 November 2015
  2. Presentation of audited statement of accounts and auditor’s report for 2015/16
  3. Committee report of the Association’s activities for 2015/16

The CLANT 2015/16 Auditor's Report, Audited Statement of Accounts and Committee Report are available for inspection by members here.  The CLANT Register of Members is available for inspection by members on request to This email address is being protected from spambots. You need JavaScript enabled to view it..

Sarah Gibbs
SECRETARY, CLANT

Notes:

1. The forthcoming AGM is not a Biennial General Meeting at which the Committee retires and a new Committee is elected.  It is proposed to conduct the 2017 AGM in November 2017 for that purpose.

2. Clause 43(5) of the CLANT Constitution provides:

Proxy or postal voting is permitted with the ordinary member appointing in writing another ordinary member to be the proxy of the appointing member to attend a vote on behalf of the appointing member at any general meeting.

3. Refreshments will be provided, in the usual manner.

4. Building and lift access will be permitted until 5.55pm.  If you arrive after this time please call 89993041 and ask for Nicola or Russell.

It’s time for national leadership on youth justice

CLANT is proud to have joined over 100 organisations in signing this Open Letter to the Prime Minister, to coincide with the publication of the Interim Report of the Royal Commission into the Protection and Detention of Children in the Northern Territory.

Justice on the Sniff of an Oily Rag

The Sixteenth CLANT Biennial Conference is fast approaching.  Here, to whet your appetite, is a snapshot of what's in store.  Interested? To zoom in for more detail, here is the Program. And here are our Presenters, and their Presentations.  Do yourself a favour: register.

NTLJ publishes CLANT papers

CLANT is proud to mention that several of the papers given at our recent Bali conferences have been published in the Northern Territory Law Journal (NTLJ), as listed here.  We look forward to seeing selected papers from the 2017 Bali Conference appearing in the NTLJ in due course.

Youth justice at a crossroads: where to from here?

Jesuit Social Services are holding a Symposium on how to improve youth justice on 21 March 2017 in Melbourne. Olga Havnen and Jared Sharp from the Northern Territory are among the impressive line-up of speakers.

Details here.

CLANT continues to support Titus Ani

After consultation with our members, who overwhelmingly supported the proposal, CLANT has decided to to donate a further $20,000 to the Titus Ani case. Here is the Opening Statement made by on behalf of Titus Ani in support of the Memorandum of Motion to Reconsider, seeking extraordinary judicial review in Indonesia’s Supreme Court.

Termination of Pregnancy Law Reform

CLANT has made this submission to the Northern Territory Department of Health regarding abortion law reform. 

CLANT supprts the decriminalisation of abortion in the Northern Territory.

Grant CJ statement on Youth Sentencing

In response to recent media claims that lenient sentencing has somehow caused a spike in youth offending in Darwin, Northern Territory Chief Justice Michael Grant has taken the unsusual step of publishing a pdfStatement in relation to Youth Sentencing.  CLANT welcomes this judicious and much-needed injection of facts, logic and common sense into the law and order debate.

2017 Bali conference: call for papers

The 16th biennial CLANT Bali Conference will be from 24 to 30 June 2017.  Once again, the conference will be organised by Solusi Business Solutions. Contact Solusi to register your interest in attending. 

The fragrant and topical 2017 conference theme is "Justice on the sniff of an oily rag".

The This email address is being protected from spambots. You need JavaScript enabled to view it. is now calling for 30 minute long papers.  Kindly register your interest by 30 November 2016.

UN Committee upholds Marlon Noble's complaint

Marlon Noble, who was detained for over 10 years in Western Australia under the Mentally Impaired Defendants Act 1996 (WA) (MID) has had his complaint to the United Nations Committee on the Rights of Persons with Disabilities susbtantially upheld. The Committee stated that it "considers that the indefinite detention he was subjected to amounted to inhuman and degrading treatment".

The Committee recommended, in terms that may have significant implications for both WA and other jurisdictions, including the Northern Territory, that:

(a)  Concerning the author: the State party is under an obligation:

       (i)            To provide him with an effective remedy, including reimbursement of any legal costs incurred by him, together with compensation.

       (ii)           To revoke immediately the 10 conditions of the author’s release Order replacing them with all necessary support measures for his inclusion in the community.

       (iii)          To publish the Committee’s Views and circulate them widely in accessible formats so that they are available to all sectors of the population.

       (b)           General measures: the State party is under an obligation to take measures to prevent similar violations in the future...  and requires the State party:

       (i)            To adopt the necessary amendments of the MID Act (WA), and all equivalent or related Federal and state legislations, in close consultation with persons with disabilities and their representative organizations, ensuring its compliance with the principles of the Convention and with the Committee’s Guidelines on article 14 of the Convention on the Rights of Persons with Disabilities;

       (ii)           To ensure that adequate support and accommodation measures are provided to persons with mental and intellectual disability to enable them to exercise their legal capacity before the courts whenever necessary;

       (iii)          To ensure that appropriate and regular training on the scope of the Convention and its Optional Protocol, including on the exercise of legal capacity by persons with intellectual and mental disabilities, is provided to staff of the Review Board, members of the Law Reform Commission and the Parliament, judicial officers and staff involved in facilitating the work of the judiciary.

Here is the full text of the views adopted by the Committee on 8 September 2016.

"In civilised life, law floats in a sea of ethics"

Justice Lex Lasry of the Supreme Court of Victoria delivered the fourth Tony Fitzgerald Memorial Lecture at Darwin on 23 June 2016.  Central to his wide-ranging and characteristically pungent address were his reflections on US Supreme Court Earl Warren's famous remark "In civilised life, law floats in a sea of ethics".  If you missed Lasry J's lecture, it is now available to read here.

 

Part IIA detainees to retain DSP entitlements

CLANT welcomes the multi-Party agreement to omit Schedule 20 from the Budget Savings (Omnibus) Bill 2016 (Cth), which would have deprived persons detained for treatment under Part IIA of the Criminal Code (NT) and similar provisions in other jurisdictions, of their entitlement to receive the Disability Support Pension.  CLANT co-signed this Submission ("Submission Number 214") prepared by the Aboriginal Disability Justice Campaign to the Senate Committee on Economics Legislation Inquiry into the Budget Savings (Omnibus) Bill 2016

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