Tag Archives: asylum seekers

Radio Atticus 8 September 2011

Has the High Court gone hyperactive with the ruling on the Malaysia solution Police line ups – are they on the way out? And our latest Brush With the Law.

The debate on the High Court ruling ending the Malaysia Solution continues to rage across the country, but on the minds of many lawyers is the question: Has the High Court gone activist?

Interviewer Justin Ellis

  1. Richard Ackland, legal commentator, journalist and publisher of the website Justinian.

You’ve probably all seen it in films and TV shows – victims of crime at a police station trying to identify a suspect out of a row of people or a stack of photographs. Line ups have long been considered a bedrock of police work, and the way they’re done hasn’t really changed for hundreds of years.But that could be about to change.For some time now eyewitness identification researchers have been finding evidence that there are flaws in police lineups which have led to serious miscarriages of justice.But the supreme court in the US state of New Jersey has taken note and issued sweeping new rules to try to combat what it called “a troubling lack of reliability in eyewitness identifications”.

Reporter Sharnie Kim

  1. Professor Neil Brewer, Flinders University School of Psychology Dean
  2. Ralph Bonig, Law Society of South Australia President

Radio Atticus reporter Anthony Jucha sets up a stall in a public space and offers free legal advice to passersby. This week Anthony speaks with two young men who say they are being hassled by the police. Please note Brush with the Law is edited and is provided for general information only.  Every situation is different and this segment is not a substitute for legal advice.  If you need legal advice, you should speak to a lawyer.

Reporter Anthony Jucha

  1. Glebe youths

Radio Atticus 1 September 2011

Where to now for the Labour Government on asylum seekers? Part two of our Behind Mental Health story.

The High Court handed down a damning judgement of the federal government’s Malaysia solution this week, which has left it’s immigration policy in tatters.

So where to now for the government on asylum seekers?

Interviewer Justin Ellis

  1. Alexandra Vaughan, Radio Atticus aslyum seeker and human rights commentator

Tonight the story continues. We find out the consequences of breaching S162 and what the media needs to consider when broadcasting information. S162 is a privacy policy section which protects patient’s rights from possible abuses from the media. No person can identify or name a mental health patient unless the Mental Health Review Tribunal agrees. As it stands today, if a patient wanted to be identified as a forensic mental health patient, without the Tribunal’s consent, they couldn’t. But when someone is a forensic patient, consenting to speak to the media could have adverse effects. Radio Atticus reporter Amarande Chauvet. with this report.

Reporter Amarande Chauvet

  1. Brett Collins: Prisoner’s rights activist
  2. The lawyer representing the case in the Supreme Court

Radio Atticus 7 July 2011

What happens when the courts get so clogged your case can’t be heard? Double detention for asylum seekers with a criminal record, and consumer catharsis: where are we up to with the class action against Vodafone?

A Supreme Court Chief justice has slammed the A.C.T. Director of Public Prosecutions over a four-year delay in bringing an accused drug trafficker to trial. Chief Justice Higgins granted a permanent stay of proceedings, finding the four-year wait to be unreasonable and inconsistent with the Territory’s Human Rights Act. The decision has, once again, thrown the spotlight on the Territory’s sluggish legal system, which has long been plagued with a huge case backlog. Despite the Government’s promise of major reform, it’s still unclear how exactly to get the courts back on track, and how to ensure the human rights of those standing trial.

Reporter, Alexandra Vaughan


1. Professor Simon Rice, ANU College of Law

A proposed law which could cost immigration detainees any chance of staying in Australia permanently has been passed by the Senate. The bill means that anyone convicted of a criminal offence while in immigration detention may be refused a visa, or have a visa cancelled at the discretion of the Minister for Immigration. The Greens have condemned the bill.The bill was passed by the House of Representatives in May after riots at the immigration detention centres at Christmas Island and Villawood earlier this year. But will the bill take power away from the court and leave it to the minister for immigration to decide?

Reporter Justin Ellis

  1. John Dowd, President of the Australian branch of the International Commission of JuristsMagistrates’ mental health up for debate

We often hear about unhappy telco customers, but this year has been particularly bad, with the Telecommunications Ombudsman receiving a record number of complaints. Vodafone was largely to blame. There was a 96% jump in the number of complaints about the embattled phone company. But angry customers are doing more than just complaining; they’re suing Vodafone in a class action. There are now over 23,000 people on board. But will they succeed? And is this a sign that Australia is embracing a US-style litigation culture?

Reporter Sharnie Kim


1. Sasha Ivantsoff, Partner, Piper Alderman.

2. Professor Michael Peters, Australian Business School, UNSW.

3. Professor Vince Morabito, Monash University.

Radio Atticus: Thursday, September 2

The first civilian makes it onto the CIA hit list. Is the lack of clarity in occupational health and safety laws fueling a growing compensation culture? And goodbye Nauru and East Timor. The High Court challenge by asylum-seekers that has politicians worried about the legitimacy of off-shore processing.

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