14 Aug 2023

Stop expecting detail in the Constitution

The ‘no detail’ argument for a ‘no’ vote on the Voice referendum is at best misconceived, and at worst dishonest.  The simple position is that the Australian Constitution is.

20 Dec 2021

A letter to Sydney Law students

Getting arrested is certainly one way for someone like me to get people’s attention, ‘someone like me’ being a white, middle class, male law professor; we don’t get arrested,.

25 Sep 2021

As police power increases, scrutiny of those powers diminishes …

One day in the middle of spring last year a member of the New South Wales Police Force grabbed me from behind, kicked and pushed me to the ground,.

3 Sep 2021

NSW’s anti-discrimination law is confusing and outdated

An anti-discrimination law is, in effect, a code of conduct.  An employer, an HR manager, a school principal, a shopkeeper, or hotelier needs to be able to pick up.

25 Oct 2019

How not to do religious discrimination reform

Public consultation is at the heart of sound law reform. With an issue as complex and sensitive as the Coalition government’s proposed religious discrimination bill, effective public consultation is.

5 Oct 2018

Who says Australia needs a national Human Rights Act?

It’s been a while. It must be time for another crack at a Human Rights Act for Australia. If at first (second, third, fourth, etc.) you don’t succeed, try,.

9 Mar 2016

Talking up ‘common law rights’

When the Australian Law Reform Commission published its interim report on its “freedoms” inquiry, I wrote that the government was on the back foot. Attorney-General George Brandis had asked.

6 Aug 2015

Plenty of Australia’s laws limit common law freedoms

In its interim report on what Attorney-General George Brandis calls “traditional rights, freedoms and privileges” (common law rights), the Australian Law Reform Commission (ALRC) has given Brandis – and.

16 Jan 2015

Generous limits on free racist speech

Early in 2014, federal Attorney-General George Brandis released a proposal to significantly amend our law against racial vilification, Sections 18C and 18D of the Racial Discrimination Act, on the.

27 Mar 2014

Race hate law reform is free speech on steroids

Holocaust denier Fredrick Toben would never have breached federal racial vilification law under the Federal Government’s proposed changes – that’s how weak they are. Senator George Brandis cannot be.