Liberty Victoria made a comprehensive submission in June 2017 on why the Sentencing Amendment (Sentencing Standards) Bill 2017 (Vic) is unnecessary and threatens to undermine the separation of powers. Unfortunately it appears that it will obtain bipartisan support.

Liberty Victoria is opposed to the Crimes Amendment (Ramming of Police Vehicles) Bill 2017 (“the Bill”).

We note that the Bill has been introduced by the Coalition Opposition.

There is simply no need for the Bill. It forms part of the law and order auction leading up to the next State election.

We support the Commonwealth Government’s commitment to ratify the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

The Victorian Charter of Human Rights and Responsibilities Act 2006 (Vic) (the Charter) imposes human rights obligations on every public authority in Victoria.  Relevantly for present purposes, s 10 of the Charter provides that:

A person must not be—

(a) subjected to torture; or

(b) treated or punished in a cruel, inhuman or degrading way; or

Time did not permit Liberty Victoria to address in full all aspects of the Terms of Reference for this Inquiry. Our concerns therefore centred on “3 — The relationship between the freedom of religion or belief and other human rights, and the implications of constraints on the freedom of religion or belief for the enjoyment of other universal human rights” (ToR 3). In particular we considered the balancing of freedom of religion or belief with the human right to equality. We also make some related comments on ToR 2 and ToR 4.

Liberty Victoria supports the Supreme Court’s objective of minimising delay in the criminal justice system, particularly in the period between charge and the listing of trial.

However, Liberty’s view is that the Supreme Court’s current proposal will not be effective in reducing delays and may jeopardise the accused’s right to a fair trial.

Liberty Victoria is opposed to the proposed expansion of the powers of Protection Services Officers (PSOs) through the measures set out in the Justice Legislation Amendment (Protective Services Officers and Other Matters) Bill 2017.