Case studies

Question 1

Royal Commission

Answer 1

Royal Commission into the Management of Police Informants
- Lawyer X had a legal obligation of confidentiality and privilege to her clients, could not reveal information give to her without her clients’ permission
- Ms. Gobbo used between January 1995-2009
- RC investigated how many times and the extent to which her conduct affected the outcome of cases. plus whether the VP should recruit people who are subject to legal privilege
- $28 million, finished in November 2020
- Discovered many faults in the VP’s informant processes
- Review of more than 20 cases, Faruk Orman’s conviction overturned on the basis of tainted evidence

Question 1

VLRC

Answer 1

March 2020 - inquiry into Victoria’s committal system, regarding whether it needed to be abolished, replaced or reformed to ensure it best supported victims, witnesses and procedural fairness for accused
Some areas it investigated to make reforms to:
- Minimise the trauma to victims/witnesses, including the need to give evidence multiple times and offering best support for victims
- Ensure rights of the accused are upheld
- More efficient uses of the courts’ time
- Encourage appropriate early guilty pleas

Question 2

1967 Referendum

Answer 2

s.51 (xxvi) allowed Cth. to legislate with respect to “the people of any race, other than the Aboriginal race.”
s. 127 provided that Aboriginal people would not be counted during a census
Removed words against Aboriginals
90% nationally, 80%+ in all states
Change necessary and wanted
Championed by people, popular ownership, bipartisan support
Straightforward question
Lots of awareness campaigns

Question 3

Brislan Case 1934

Answer 3

• s.51 (v), Cth. can legislate with respect to “postal, telegraphic, telephonic and other like services.”
• Wireless radio, under Wireless Telegraphy Act 1905 (Cth)
• Defendant argued law was ultra vires
• HC interpreted “other like services,” extended Cth’s powers to legislating in the area of broadcasting to a wireless set - thus, broad range including electronic and wireless communication of data

Question 4

Tasmania Dams

Answer 4

Tas. wanted to build dam on Franklin River (residual)
Cth. passed legislation: World Heritage Properties Conservation Act 1983 (Cth)
Tas. challenged them in legislating in residual areas
Cth argued external affairs power (s.51 xxix)
HC ruled that Cth. could legislate under external powers when necessary to enact obligations
Expanded Cth. powers, could legislate in residual areas