Crowe on ‘Implementing Affirmative Consent in Sexual Offences: A Model Law for Queensland'

Professor Jonathan Crowe of the University of Southern Queensland School of Law and Justice has written (with Asher Flynn and Bri Lee) a new paper titled 'Implementing Affirmative Consent in Sexual Offences: A Model Law for Queensland'.  The paper appears in Becky Batagol, Kate Seear, Heli Askola and Jamie Walvisch (eds), The Feminist Legislation Project: Rewriting Laws for Gender-Based Justice (Routledge, 2024).  Here is the abstract:

"Queensland’s existing laws governing sexual violence crimes are complex and outdated. Our Bill introduces vital reforms which better recognise the lived experience of victims of sexual violence and respond to changing attitudes towards appropriate and respectful sexual relations. It does this by introducing guiding principles which recognise the unique nature of rape and sexual assault offences; introducing a clear definition of consent as free and active agreement that embraces an affirmative consent standard; replacing the outdated reference to ‘carnal knowledge’ in defining rape; and removing the problematic mistake of fact excuse in rape and sexual assault cases."

Hemming on 'Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia’s COVID-19 Response'

Associate Professor Andrew Hemming of the University of Southern Queensland School of Law and Justice has published a new article titled 'Will Democratic Freedoms and Human Rights Survive a Second Pandemic in Australia? A Case Study of the Legal Foundations and Mechanisms of Implementation of Australia’s COVID-19 Response'.  The article appears in Volume 98(8) of the Australian Law Journal.  Here is the abstract:

"This article is a case study of the laws and regulations at both the Commonwealth and State level that were relied upon to uphold Australia’s COVID-19 response, and the behavioural mechanisms used by governments in Australia to implement these regulatory policies. The question will be posed now that borders have been re-opened and normality restored in a ‘we will have to live with COVID-19’ environment, whether the draconian restrictions on democratic freedoms and human rights could reoccur unless Australia changes the manner in which these laws and regulations are imposed by governments and interpreted by the courts, especially given the High Court’s decision in Palmer v Western Australia. This question is particularly important given the announcement on 21 September 2023 that the Commonwealth Government was setting up a COVID-19 Response Inquiry to identify lessons learned to improve Australia’s preparedness for future pandemics."

Braun and Butcher on 'Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia'

Associate Professor Kerstin Braun and Dr Sarah Butcher of the University of Southern Queensland School of Law and Justice have published a new article titled 'Safe access zone legislation and its compliance with the human rights of anti-abortion protesters in Australia'.  The article appears in Volume 31(2) of the Journal of Law and Medicine.  Here is the abstract:

"Terminating a pregnancy is now lawful in all Australian jurisdictions, although on diverse bases. While abortions have not been subject to the same degree of heated debate in Australia as elsewhere, protests aimed at persuading women not to have a termination of their pregnancy have occurred outside abortion service providers in the past. Over the last decade, this has led to the introduction of laws setting out so-called safe access zones around provider premises. Anti-abortion protests are prohibited within a specific distance from abortion services and infringements attract criminal liability. As safe access zone laws prevent protesters from expressing their views in certain spaces, the question arises as to the laws’ compliance with protesters’ human rights. This article analyses this by considering the human rights compliance of the Queensland ban in light of Queensland human rights legislation. It concludes that the imposed prohibition of anti-abortion protests near abortion clinics is compatible with human rights."