Submitted by Liberty Victoria on Mon, 20/03/2023 - 09:56
Liberty Victoria condemns, in the strongest terms, the disturbing scenes outside the Victorian Parliament on 18 March 2023. This follows on from events over recent times where we have seen young men making Nazi salutes in the Grampians, gallows erected outside Parliament, and federal and state election campaigns where some people deployed violent and hateful rhetoric against trans and gender-diverse people.
This submission addresses the importance of reducing the prevalence of sexual violence, and the challenges and limitations of the criminal justice system in achieving that end. It sets out the extensive changes that have been made in the Victorian criminal justice system to prosecute sexual offending, especially consent based sexual offences like sexual assault and rape. This submission also deals with recent legislative amendments in Victoria that implement a model of affirmative consent which have been opposed by Liberty Victoria.
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;
Submitted by Liberty Victoria on Tue, 07/03/2023 - 09:14
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.
Submitted by Liberty Victoria on Wed, 22/02/2023 - 15:25
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.
Submitted by Liberty Victoria on Mon, 30/01/2023 - 16:25
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.
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.
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).
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.
