Careers Making a submission The information on this page is also available in Easy English—an accessible format that uses simple, everyday language and illustrations. Any public contribution to an inquiry is called a submission and these are actively sought by the ALRC from a broad cross section of the community, as well as those with a special interest in the inquiry. These submissions are crucial in assisting the ALRC to develop its proposals for law reform. There is no set format for submissions, and they need not be formal documents.
HREOC notes that the Attorney-General has asked the Australian Law Reform Commission ALRC to inquire into, and report on, measures to protect classified and security sensitive information in the course of investigations and legal proceedings, and in other contexts.
HREOC understands that the ALRC has been asked to consider whether existing mechanisms adequately protect classified and security sensitive information and whether there is a need for further regulatory or non-regulatory measures in this area.
Article 4 of the ICCPR provides for derogation from human rights protectionsin times of public emergency which threatens the life of the nation". However, that derogation provision is carefully circumscribed so as to avoid arbitrary disregard for human rights. The following requirements apply if Australia seeks to invoke Article 4: The public emergency must threaten the life of the nation; The public emergency must be publicly proclaimed; The measures must be strictly required by the exigencies of the situation; The measures cannot be inconsistent with other requirements of international law; and The measures must not involve discrimination solely on the grounds of race, sex, colour, language, religion or social origin.
The Covenant requires that even during an armed conflict measures derogating from the Covenant are allowed only if and to the extent that the situation constitutes a threat to the life of the nation.
If States parties consider invoking article 4 in other situations than an armed conflict, they should carefully consider the justification and why such a measure is necessary and legitimate in the circumstances.
On a number of occasions the Committee has expressed its concern over States parties that appear to have derogated from rights protected by the Covenant, or whose domestic law appears to allow such derogation in situations not covered by article 4.
Article 4 2 of the ICCPR expressly provides that no derogation may be made from Article 6 the right to lifeArticle 7 which prohibits torture or cruel, inhuman or degrading punishment or treatmentArticle 8 paragraphs 1 and 2, which prohibit slavery or servitudeArticle 11 which prohibits imprisonment for inability to fulfil contractual obligationsArticle 15 the guarantee against retrospective criminalityArticle 16 the right to recognition everywhere as a person before the law and Article 18 the right to freedom of thought, conscience and religion.
In addition to these non-derogable rights expressly identified in Article 4 2other rights have been held by the United Nations Human Rights Committee to be non-derogable. Therefore HREOC's comments are premised on the basis that Australia may not currently derogate from its obligations under the ICCPR in any new measures which may be proposed to protect classified and security sensitive information.
National Security Concerns Human rights law seeks to strike a balance between legitimate national security concerns and the protection of fundamental freedoms. This balance is inherent in instruments such as the ICCPR, which includes limitations in various articles which may be invoked on grounds ofnational security" andpublic order".
For example, the right to a public trial under Article 14 1 of the ICCPR may be limited, and the press and public excluded from all or part of a trial, on grounds including national security or public order. The Human Rights Committee has stated that such permissible limitations of ICCPR rights provide sufficient flexibility to cater even for the demands of emergency situations.
The Court being aware of the danger such [action] poses of undermining or even destroying democracy on the ground of defending it. The ECHR's jurisprudence shows that the balancing act between legitimate national security concerns and the rights of individuals is neither a mechanical task nor an easy one.
It varies from right to right and from situation to situation. A Human Rights Perspective on Counter-Terrorist Measures" 7in which the general principles of the ICCPR relevant to an analysis of counter-terrorism measures from a human rights perspective were set out, and States were reminded of the non-derogable nature of most of the obligations undertaken by them in ratifying the ICCPR.
It affirmed that States must ensure that any measures taken to combat terrorism comply with their obligations under international law, in particular human rights, refugee and humanitarian law. As one commentator notes: Ultimately, it is up to the [Human Rights Committee].
Therefore, the extent of the State's human rights duties to the individual is unclear, especially at theedges" of a right. The edges of a right may be characterized as the area between blatant conformity with the right and blatant nonconformity.
The compatibility of a law impacting on the edges of a human right with that human right can only be worked out on a case-by-case basis. This uncertainty introduces flexibility to human rights interpretation, and generates ideological and cultural debate over the content of human rights guarantees.
Given that there are currently no proposals to modify the existing measures protecting classified and security sensitive information, it is difficult to answer the broad questions posed by the ALRC with precision. In addition, in many cases there is no international jurisprudence directly on point which would allow for a more definitive answer.
HREOC's comments are therefore sometimes necessarily general in nature.
Rights in investigations and legal proceedings - Article 14 of the ICCPR The fundamental principles which are most relevant to ensuring information protection measures are consistent with respect for human rights are those procedural rights set out in Article 14 of the ICCPR.
Article 14 provides as follows: All persons shall be equal before the courts and tribunals.
In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law.
The press and the public may be excluded from all or part of a trial for reasons of morals, public order ordre public or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.What is a submission?Submissions are individuals’ and groups’ ideas or opinions about the law being reviewed.
Submissions can be anything from a personal story about how the law has affected you, to a research paper complete with footnotes and bibliography. When the Commission calls for submissions, we want to hear from anyone who has experience with the law under review.
As submissions provide the evidence base for law reform proposals, it is common for the ALRC to draw upon the contents of submissions and quote from them or .
The submission may be by the act of the parties simply, or through the medium of a court of law or equity. When it is made by the parties alone it may be in writing or not in writing. Kyd on Aw. 11; Caldw. on Arb. 16; 6 Watts' R. Submission responding to the NSW Coastal Management Reforms prepared by EDO NSW 29 February 2 Policy and Law Reform Director, EDO NSW T: 02 E: [email protected] EDO NSW meaning.
That is, the wording places particular weight on (and in fact double counts). Victorian Law Reform Committee Inquiry Into The Coroner’s Act By Graeme Bond have needed to have the meaning and significance explained.
Submission to Victorian Law Reform Committee. Submission to Victorian Law Reform Committee by Graeme Bond. The Law Faculty views plagiarism and undisclosed collusion seriously, partly on academic grounds and partly because of the possible impact of academic misdemeanors on legal practice.
You may like to look up recent cases in Victoria (Re OG: a Lawyer) and in other States.