Law reform

• Archaic immunity from the long face of the law

  8th Feb 2024

  An anachronistic and outdated law continues to unfairly affect road users who collide with livestock in Queensland. Rachel Last sets out the detail and why Queensland should align with other states and territories to ensure a just outcome.  

• Victorian cannabis legalisation is welcome next step

  22nd Nov 2023

  Legalising the adult recreational use of cannabis in Victoria is the logical next step in drug policy reform and is supported by evidence globally.

• Prosecution should be paused while medicinal cannabis driving trial is underway

  17th Oct 2023

  While the impact of medicinal cannabis on motorists is being trialled in Victoria, police should not prosecute people who drive after taking prescribed cannabis if there is no evidence their driving is impaired, says the Australian Lawyers Alliance (ALA).

   

• Proposed NSW drug diversion program is a small step in the right direction but it is not enough

  10th Oct 2023

  Legislation to introduce a pre-court diversion scheme for people caught in possession of small amounts of illicit substances is a small step in the right direction, says the Australian Lawyers Alliance (ALA).

• Greens federal cannabis bill will prevent court & police time being wasted on minor drug offences

  10th Aug 2023

  Legalising the adult recreational use of cannabis in Australia makes sense, says the Australian Lawyers Alliance (ALA) supporting The Greens Legalising Cannabis Bill 2023 which was introduced in Federal Parliament today.

• Racial discrimination law, remedies, reform and the Racial Justice Centre

  25th May 2023

  ‘The present political landscape in Australia offers an opportunity for the overhaul of the existing racial discrimination law,’ writes Des Kennedy SC. ‘Legislative provisions are in urgent need of reform, change, rejuvenation and expansion to better achieve racial justice in our society … Public awareness and educative campaigns are important, but law reform is critical. This will give effect to the Labor Party’s commitment to combating racism and its impacts, and its condemnation of racism without reservation.’

• Administrative Review Reform

  24th May 2023

• Tasmanian Greens bid to decriminalise personal drug use will reduce harm caused by drug dependence

  2nd Feb 2023

  Proposed legislation launched today by the Tasmanian Greens to decriminalise personal drug use is an important step towards reducing the harm caused by drugs in our community, says the Australian Lawyers Alliance (ALA).

• Biden pardon rightly differentiates cannabis from other illicit drugs

  7th Oct 2022

  United States President Joe Biden’s decision to pardon all prior federal offences of marijuana possession makes an important distinction between cannabis use and the use of other illicit drugs, says the Australian Lawyers Alliance (ALA).

• Organisations call for decriminalisation of cannabis in Victoria

  28th Sep 2022

  Victoria’s drug laws must be brought into line with community expectations and the increasing evidence that shows a heath-based response to drug use is the best approach, says the Australian Lawyers Alliance (ALA).

• Overdue NSW Government response to ice inquiry is disappointing

  21st Sep 2022

  With its refusal to decriminalise the personal use of drugs, the NSW Government has missed an important opportunity today to reduce drug use and save lives.

• Tasmanian drug laws must change to reflect community expectations

  18th Jul 2022

  Tasmania’s drug laws must be brought into line with community expectations and the increasing evidence that shows a health-based response to drug use is the best approach, says the Australian Lawyers Alliance (ALA).

• Domestic coercive control could soon be criminal in Australia

  14th Oct 2021

  Domestic abuse in the form of coercive control could soon be a criminal act under changes to domestic violence laws being considered by state and territory governments in NSW, Queensland, Victoria, SA and the NT. Anneka Frayne discusses what coercive control is and how the legislation would work, including the difficulties of criminalising it.

• Proposed child abuse compensation laws in NSW give survivors some hope of justice

  2nd Sep 2021

  A proposed amendment to the NSW Civil Liability Act will enable courts to set aside unfair settlements involving survivors of institutional child abuse. Con Ktenas discusses fairer compensation for victims, eliminating legal barriers to compensation, and the introduction of advance child abuse compensation payouts.

• Mental Health (Forensic Provisions) Act provisions replaced by new legislation in NSW

  25th Mar 2021

  The introduction of the Mental Health and Cognitive Impairment Forensic Provisions Act 2020 (NSW) provides courts with better guidance when diverting a criminal defendant into mental healthcare and treatment. Mark Warren discusses the new Act’s provisions in regard to mental health definitions, the ‘fit for trial’ test, and the replacement of the ‘not guilty’ verdict with ‘not criminally responsible’.

• Lawyers say time is now for drug law reform

  4th Mar 2021

  International examples of success, growing public support and the clear failure of current laws to stop drug use means the time is right now for drug law reform, said the Australian Lawyers Alliance (ALA) today launching a new policy report into Australian drug laws.  

• Government’s response to dying man’s plea ‘patronising, insulting’

  11th Feb 2021

  There are thousands of people living in Tasmania who are opting to break an absurd and cruel law which criminalises the use of cannabis. In a passionate plea to Premier Peter Gutwein, Mr Fielding, a dying cancer patient, has highlighted the inhumane lack of availability of medicinal cannabis products in the state.

  Greg Barns SC calls for the Tasmanian government to show compassion and recognise the increasing evidence supporting the use of medicinal cannabis.

• Call for NSW workers’ compensation scheme to be scrapped

  13th Aug 2020

  In light of concerns raised in the recent media investigation of the NSW workers' compensation scheme, Jeremy Roche compares NSW’s scheme with that of Queensland. He claims that NSW should copy the Queensland workers’ compensation scheme as it is more profitable, fair, efficient and sustainable and injured claimants, along with insurers and employers, are far better off.

• Cannabis bans are ignored — so ditch the law and save money

  14th Nov 2019

  Greg Barns welcomes the ACT government decriminalising cannabis possession, and calls for cannabis law reform across Australia.