The Meaning of ‘Recklessness’ in Victorian Criminal Law

Liberty Victoria has had the opportunity to consider the detailed submission of the Criminal Bar Association of Victoria (CBA), and we respectfully endorse it and its recommendations. In particular, we agree that

(1) The common law test for recklessness of probability, applied without issue in Victoria for the last 26 years, should not be changed;

(2) The current test is readily understood by juries, has not been shown to cause any issues following its long-standing application, and is accompanied by simple jury directions;

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The LIV, Liberty Victoria and Digital Rights Watch reiterate calls for MPs to respect patient autonomy in Health Sharing Bill

The LIV, Liberty Victoria and Digital Rights Watch call on members of the Legislative Council to respect patient autonomy to legislate for an opt-out provision to ensure that Victorians have the right to decide whether or not their medical information will be shared across public health services. 

The Health Legislation Amendment (Information Sharing) Bill 2023 is currently before the Legislative Council.

The Human Source Management Bill 2023 (Vic)

Liberty Victoria opposes the Human Source Management Bill 2023 (Vic) in its current form.

Liberty Victoria Comment on the Health Legislation Amendment (Information Sharing) Bill 2023 (Vic)

The Health Legislation Amendment (Information Sharing) Bill 2023 (Vic) (the Bill) should not be enacted in its current form.

The Bill, which would create a centralised database for the medical records of every patient in the public health system, does not sufficiently protect Victorians’ right to privacy. Vitally, Victorians will not have the ability to ‘opt out’ of the scheme.

This means that sensitive personal health information will be warehoused without patient consent.

Liberty Victoria Statement on the Urgent Need for Bail Reform

In light of the damning findings of the Coroner in relation to the tragic death of Ms Veronica Nelson, now is the time to fix Victoria’s broken bail laws. The Coroner has found, in the clearest terms, that Victoria’s harsh bail laws breach the Victorian Charter of Human Rights and Responsibilities.

Comprehensive Review of Australia's Migration System

We are a coalition of lawyers, trade unionists, service providers and advocacy groups with a shared commitment to addressing the effects of precarious and ‘permanently temporary’ visa status. We welcome this opportunity to contribute to the comprehensive review of Australia’s migration system.

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Systemic Injustice in the Criminal Justice System

This submission responds to the Yoorrook Justice Commission’s Issues Paper 1: Systemic Injustice in the Criminal Justice System.

The following submission focusses on:

(a) The need to raise the minimum age of criminal responsibility;

(b) Victoria’s harsh bail laws;

(c) The pitfalls of presumptive and mandatory sentencing; and

(d) The operation and effect of the Optional Protocol to the Convention against Torture and other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT).

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Liberty Victoria Policy on the Right to a Basic Standard of Living

As part of a society which values and promotes human dignity, equality and freedom, a properly functioning social security system — that is, a system which is available, adequate and accessible to all without discrimination— is essential to ensure that all Australians have access to the basic necessities of life.

Liberty Victoria Policy on the Right to a Basic Standard of Living

As part of a society which values and promotes human dignity, equality and freedom, a properly functioning social security system — that is, a system which is available, adequate and accessible to all without discrimination— is essential to ensure that all Australians have access to the basic necessities of life.

Liberty Victoria Comment on OPCAT Suspension

Liberty Victoria is dismayed to learn that government obstruction has led the United Nations’ torture prevention body to suspend its visit to Australia.

The risk to the human rights of people held in places of detention is significant, and it is fundamentally important that those rights are protected. Such places go beyond prisons or police cells. They include youth justice centres, immigration detention centres, and locked aged care facilities, secure disability homes and hospital wards. Liberty Victoria considers it essential that light is shone in such places.

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