Posted on January 13th, 2013.
On Friday, 11 January 2013, the Australian Federal Government released the scope and terms of reference for the Royal Commission into Institutional Responses to Child Sex Abuse.
The Prime Minister explained in her media release that:
“The Royal Commission will inquire into how institutions with a responsibility for children have managed and responded to allegations and instances of child sexual abuse and related matters.
It will investigate where systems have failed to protect children, and make recommendations on how to improve laws, policies and practices to prevent and better respond to child sexual abuse in institutions.
The Commissioners can look at any private, public or non-government organisation that is, or was in the past, involved with children, including government agencies, schools, sporting clubs, orphanages, foster care, and religious organisations.”
Justice Peter McClellan AM has been appointed as the chair of the Commission. Bob Atkinson APM, Justice Jennifer Coate, Robert Fitzgerald AM, Professor Helen Milroy and Andrew Murray have also been appointed as Commissioners.
Inquiries are expected to commence as soon as practically possible. The Commissioners’ final report detailing the results of the inquiry and associated recommendations has been set for 31 December 2015.
>> Terms of Reference - Royal Commission into Institutional Responses to Child Sex Abuse
>> The Prime Minister’s Media Release of 11 January 2013
We invite you to contact Fabbian Lawyers should you require advice or representation in relation to the Commission or criminal allegations arising from an associated inquiry.
Posted on December 6th, 2012.
There is to be an Independent Commissioner Against Corruption (‘ICAC’). Parliament has sought to “establish in South Australia an independent body focussed entirely on preserving and safeguarding confidence and the integrity of the functions performed by public officers, agencies and authorities in South Australia.”
The Commissioner will have several functions including identifying and investigating corruption in public administration. Furthermore, the Commissioner will refer matters for prosecution. Conduct relating to public officers including bribery, threats and dishonesty offences will fall under the scope of what is to be considered by the Commissioner.
>> Independent Commissioner Against Corruption Bill 2012
>> SA Government News Release
The information contained within this article is intended as a general overview and discussion of the subjects dealt with. The information provided here was accurate as of the day it was posted; however, the law may have changed since that date. This information is not intended to be, and should not be used as, a substitute for taking legal advice in any specific situation. Craig Fabbian and Fabbian Lawyers are not responsible for any actions taken or not taken on the basis of this information.
Posted on December 4th, 2012.
The South Australian Parliament
has recently passed laws allowing for substantial reductions in criminal
penalties. The laws will allow defendants to receive penalty reductions of up
to 40 percent when pleading guilty not more than 4 weeks after first appearing
in court for the relevant offence(s). Lesser discounts will be available where
defendants plead guilty at later stages.
The laws are expected to apply to
all criminal and traffic offences before the South Australian Courts. However,
the application of the laws will be limited where mandatory minimum penalties apply.
The Criminal Law (Sentencing) (Guilty Pleas) Amendment Bill 2012 is
currently awaiting assent and is expected to come into force in the near
future. The laws are intended to apply to proceedings instituted after the
commencement of the Act, regardless of when the offence(s) occurred.
It is recommended that individuals
intending to plead guilty to criminal or traffic offences should seek legal
advice regarding the application of the new laws.
>> Criminal Law (Sentencing) (Guilty Pleas) Amendment Bill 2012
>> Parliament Hansard 2nd Reading Speech - see page 2426 (page 44 of 74)
>> LSC Flow Chart - Sentencing Discounts
The information contained within this
article is intended as a general overview and discussion of the subjects dealt
with. The information provided here was accurate as of the day it was posted;
however, the law may have changed since that date. This information is not
intended to be, and should not be used as, a substitute for taking legal advice
in any specific situation. Craig Fabbian and Fabbian Lawyers are not
responsible for any actions taken or not taken on the basis of this information.
