TERRITORY YOUTH: CLANT WELCOMES A ROYAL COMMISSION

The Criminal Lawyers Association of the Northern Territory welcomes a meaningful Royal Commission with Terms of Reference broad enough to ensure a thorough enquiry into the treatment of young people who are detained, at risk of detention or fall within the care of the Minister.

Tales of atrocities and abuse directed at young people in detention within the NT have long been the source of frustration for CLANT members.

The inaction and ambivalence by the Northern Territory Government to remedy systemic flaws has been an ongoing concern.

The demonization of young offenders by politicians and sections of the media has served to lend legitimacy to increasingly punitive responses by custodians for the most disadvantaged and vulnerable juveniles. Such actions have only now been condemned after brave and tenacious individuals spoke out on the 4 Corners program garnering widespread attention.

The evidence is now clear and unambiguous, an overhaul of the Youth Justice System is essential.

Fragile young lives remain in jeopardy as legal and indigenous organisations struggle with limited resources and funding.

CLANT calls for:

  • The establishment of an effective, continuous, independent and strong oversight body backed by the Northern Territory, Commonwealth and international law;
  • A purpose built Youth Detention Centre staffed by well trained officers;
  • Increased funding from both Commonwealth and Territory Governments for frontline legal services within the NT; and
  • Increased accommodation options for young people who are eligible for bail or at risk of homelessness.

The rehabilitation of children must be the first priority for any future government. We must break the cycle, reduce imprisonment and recidivism.

The time has come to effect long term change.

Australia must urgently ratify the Optional Protocol to the Convention Against Torture (OPCAT).

Ratification and incorporation of the OPCAT provisions into domestic law will provide additional safeguards against human rights abuses in detention centres and ensure international legal norms and standards are met.

Further information about CLANT's position on this issue can be found here:

pdfhttp://clant.org.au/images/images/OPCAT_submission_300516.pdf

Contact: Nicola MacCarron, (08) 8999 3000

Who wants an NT ICAC?

CLANT welcomes the publication of this Report by Justice Brian R Martin following his Inquiry into the establishment of a Northern Territory Anti-Corruption, Integrity and Misconduct Commission. 

On 7 July 2016, Chief Minister Giles was reported as saying that his government would consider the findings and recommendations of the Martin Inquiry.  However, on about 12 July 2016 Mr Giles stated that he considers that existing NT government agencies have sufficient powers to fight political corruption.  Noting that the CLP did not make a submission to the Inquiry, CLANT wonders whether the CLP will campaign at the forthcoming election for the establishment of an NT ICAC.

By contrast, Territory Labor did make a submission to the Martin Inquiry, and on 13 July 2016 Oppostion Leader Michael Gunner reiterated Territory Labor’s continued support for the establishment of an NT ICAC.

CLANT, which also supports the establishment of an ICAC for the NT, made this submission to the Martin Inquiry.

2016 NT Human Rights Awards: Save the date 7 December 2016

Preparations are well underway for this year’s Northern Territory Human Rights Awards, the Fitzgeralds.

As the United Nations Day for Human Rights (10 December 2016) falls on a Saturday, the Award ceremony will be held on Wednesday 7 December 2016 from 5:30 pm. Please place it in your diary.

The Hon. Michael Kirby AC CMG is confirmed as the guest speaker.

Nominations will open 3 October 2016. This year each Award will have an individual and organisational category.

Start planning your nomination now.

CLANT has been a proud sponsor of the Fitzgeralds since their inception in 2014.

AIJA Indigenous Justice Conference: Alice Springs 25-26 August 2016

Here is the Programme and here is the Registration Guide for the AIJA Indigenous Justice at Alice Springs on 25 to 26 August 2016.

CLANT is proud to be a sponsor of this Conference.

the Registration Guide

Congrats Felicity Gerry QC

CLANT heartily congratulates our Vice-President, Felicity Gerry QC, on being awarded the UK Solicitors Journal 2016 Legal Personality of the Year Award.  Here is the Award citation:

36 Bedford Row silk Felicity Gerry QC scooped the highly coveted Legal Personality award following her work on R v Jogee. The landmark decision saw the Supreme Court find that the controversial principle of joint enterprise had been wrongly interpreted for more than three decades.

The human rights barrister has received praise for her campaigning work for the release of Lindsay Sandiford, the British grandmother currently facing a firing squad in Bali and for assisting in the last minute reprieve from execution of Filipina Mary Jane Veloso.

'I was delighted to win this award especially with such exceptional competition. I hope it inspires other women with personality to achieve in the law,' said Gerry. 

CDU First Nations Workshop: call for papers

The School of Law, Charles Darwin University, Darwin, Australia will hold its second Law Research Workshop and Student Showcase on Tuesday 9th and Wednesday 10th August 2016 to exchange knowledge related to the theme of Empowering and Disempowering First Nations People through Law and Policy.


The organisers have issued this call for papers. 

15th International Criminal Law Congress

The program has been announced and registrations are open for "30 Years On", the 15th International Criminal Law Congress, from 12 to 16 October at the InterContinental Hotel, Adelaide, South Australia. 

Amonst the very impressive lineup of speakers are Chief Justice Robert French, Justice Lex Lasry, Frank Brennan SJ, Terry O'Gorman AM, Kevin Borick QC, Marie Shaw QC, Lindy Powell QC... and CLANT Vice-President Felicity Gerry QC.

Chief Minister v Bad Youth

On 17 May 2016, Northern Territory Chief Minister Adam Giles posted the following on his Facebook account.  Apparently, there is an election brewing...

Enough is enough.

We give rogue youth every chance, but they still break in to our homes, smash up our cars and cause trouble.
They commit crimes, then they get bail, they commit more crimes, then they use diversion and it goes on and on... but we still end up getting our houses broken in to and our cars smashed up, and everything else.
Despite strong police action, a very active minority continues to reoffend....
The Police are doing a great job, but the legislation is letting us down.
So, in Cabinet today we're considering legislation that says no longer will bad youths be given the presumption of bail.
The reason we're doing this – we hear what's going on in your community.
We try and do the right thing by youth.
Nobody wants to see a kid in jail, but nobody wants to see our cars getting smashed up and our houses getting broken in to.

That's it. Had enough.

POSTPONED: Women Lawyers Association CPD 27 May 2016

NOTE:

THIS EVENT POSTPONED UNTIL FURTHER NOTICE: 24 MAY 2016

NTWLA16

 

 

 

2017 Bali Conference: save the dates!

CLANT is delighted to announce that plans are underway for our 16th biennial Bali Conference, 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.  If you're interested in presenting a paper, contact the This email address is being protected from spambots. You need JavaScript enabled to view it.

Thank God for the Salvos!

CLANT members have long agitated for the NT Government to establish a bus service to enable family and friends to visit inmates at the Darwin Correctional Centre, which is 30 km from the city centre.  The Salvation Army has generously agreed to trial a service to fill this pressing need, starting in May 2016. This is no substitute for a publicly funded service, but good on the Salvos for stepping into the breach.  Bus seats can be reserved can be made when booking visits with the DCC.

 

 

Tuesday

Thursday

Saturday

 

Salvation Army Anula

3 Yanula Drive, Anula

8:15am for 9:30am visits

 

9:45am for 11am visits

 

 

1:15pm for 2:30pm visits

8:15am for 9:30am visits

 

9:45am for 11am visits

 

 

1:15pm for 2:30pm visits

8:15am for 9:30am visits

 

9:45am for 11am visits

 

 

 

 

 

 

Salvation Army Church

Corner Temple Terrace and Woodroffe Avenue

12 noon for 1pm visits

 

12 noon for 1pm visits

 

12 noon for 1pm visits

 

 

 

 

 

 

 

 

Tuesday

Thursday

Saturday

 

Salvation Army Anula

3 Yanula Drive, Anula

8:15am for 9:30am visits

 

9:45am for 11am visits

 

 

1:15pm for 2:30pm visits

8:15am for 9:30am visits

 

9:45am for 11am visits

 

 

1:15pm for 2:30pm visits

8:15am for 9:30am visits

 

9:45am for 11am visits

 

 

 

 

 

 

Salvation Army Church

Corner Temple Terrace and Woodroffe Avenue

12 noon for 1pm visits

 

12 noon for 1pm visits

 

12 noon for 1pm visits

 

 

 

Justice Lex Lasry to deliver Fourth Tony Fitzgerald Lecture

CLANT is delighted to announce that on 23 June 2016 Hon Justice at 5.30 pm Lex Lasry AM QC of the Supreme Court of Victoria will deliver the Fourth Tony Fitzgerald memorial Lecture at the Northern Territory Library, Darwin.  Mark your diaries.

Lex Lasry was admitted to practise law in Victoria in 1973 and was appointed Queen's Counsel in 1990. He acted as a junior counsel before the Costigan Royal Commission, counsel with the National Crime Authority, and was the Royal Commissioner for the Inquiry into the Victorian Metropolitan Ambulance Service. Between 2003 and 2006 Lasry acted as senior counsel assisting the Coronial inquiry into the 2003 Canberra bushfires.

Lasry was the former chair of the Victorian Criminal Bar Association, and in August 2004 was appointed the independent observer representing the Law Council of Australia at the trial of Australian Guantanamo Bay detainee David Hicks. He attended Military Commission hearings at Guantanamo Bay in August 2004 and March 2007.

As a senior partner with Slater & Gordon, Lasry acted as defence counsel in several high-profile criminal cases in Australia and overseas, including Joseph Thomas in a high-profile Australian terror trial (see R v Thomas [2006] VSCA 165). Lasry represented Van Tuong Nguyen in the high-profile case in which Van Nguyen was convicted of drug trafficking in Singapore in 2002 and executed in December 2005. In 2007 Lasry was awarded the Law Council of Australia's inaugural Presidents Medal for his pro bono representation of Van Nguyen in 2005, and for his outstanding work as Independent Legal Observer for Hicks in 2004 and 2005. He also took up the case of two members of "the Bali nine", Andrew Chan and Myuran Sukumaran, who were executed in April 2015. He has been a longstanding opponent of the use of the death penalty, arguing "when the state kills a citizen, no matter what they have done, the community is diminished by the killing.” In reference to the Bali Nine, Lasry stated "The idea that the government would take individuals out into the bush and shoot them is something I can never live with... and from a legal viewpoint, it has no deterrent value." In accordance with that stand, Lasry declined to attend the CLANT Bali conference in June 2015.

Lasry was appointed a justice of the Supreme Court of Victoria on 23 October 2007. He was the trial judge for the murder trial against Hugo Alastair Rich and the re-trial of Robert Farquharson.

He has chaired appellate hearings for the Confederation of Australian Motor Sport (CAMS), holds a motor racing licence, is the drummer for the band The Lex Pistols, is a longtime supporter of the St Kilda Football Club, and has served on the Faculty Board of the Faculty of Law at Monash University.

Fitzgerald-Lasry-2016

 

 

 

Local Court reforms commence

On 1 May 2016, the Local Court Act 2015 and associated legislation commenced.  This substantial and significant statutory package simplifies, consolidates and reforms summary criminal practice and procedure in the Northern Territory.  The Department of Attorney-General and Justice has produced this practitioner's guide.

Copyright © 2012-2016 Criminal Lawyers Association of the Northern Territory | Website by TropicsNet