this post was submitted on 18 Nov 2023
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Legal experts say constitutional challenges to new laws are likely as Labor braces for possible compensation claims following high court decision

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[–] naevaTheRat@lemmy.dbzer0.com 5 points 2 years ago

Always good to know we're one filing cabinet fire away from having fewer rights than a large tree.

[–] autotldr@lemmings.world 2 points 2 years ago

This is the best summary I could come up with:


A legal challenge to emergency legislation responding to the high court’s decision on indefinite detention is likely, with advocates warning the Albanese government the changes may be unconstitutional.

On Thursday parliament passed a bill imposing conditions, including electronic monitoring and curfews, to bridging visas issued to those who are required to be released due to the high court’s ruling on indefinite detention.

The Human Rights Law Centre’s acting legal director, Sanmati Verma, suggested while challenges “are available” they may be practically difficult for the cohort of 84 people released from detention so far.

In Senate debate on Thursday, Labor’s Murray Watt rejected the Greens contention that the conditions amounted to imprisonment because the bill states curfews can only be eight hours at a time.

On Friday the shadow home affairs minister, James Paterson, revealed that despite Labor agreeing in principle to mandatory electronic monitoring and curfews, this had been watered down to a strong presumption for those conditions.

Paterson told Sky News the government had received legal advice if these were “mandatory, that might fall foul of the high court’s decision, it might be akin to punishment”.


The original article contains 657 words, the summary contains 187 words. Saved 72%. I'm a bot and I'm open source!

[–] DogMuffins@discuss.tchncs.de 0 points 2 years ago

Fuck me. Is this another epic own goal over something dramatically unimportant? I will always vote Labor but I am so disappointed.