New victims of crime compensation laws don't address the real problem

Victims of crime will find it easier to access compensation, following changes announced just recently by the Victorian Government.

Changes to the law will give the Courts the powers to order offenders to pay compensation to victims of crimes which lead to the loss or damage to property, such as broken shop windows, graffiti, car damage and so on. Where there is sufficient evidence, the Courts will be able to order compensation without the need for the victim to make a separate application or give formal evidence.

While the changes are welcome, what...

The OPI report on campaign against police chief and “ministerial deniability”

The Minister and Labour Lawyer series.

Dear Minister for All Things

Ministerial Advisors - Office of Police Integrity Report

The recent Report of the Director of Police Integrity into the conduct of Detective Leading Senior Constable Weston has been the subject of substantial press comment. Weston was the Police Advisor in the office of the Deputy Premier and Minister of Police. The Deputy Premier maintains that he had no knowledge that Weston was engaged in a campaign to undermine Chief Commissioner Overland.

The Office of Police Integrity investigation did not, and could not...

The removal of Occupy Melbourne was a denial of peaceful assembly rights

The Labour Lawyer correspondence continues.

Dear Minister for All Things

Freedom of Assembly: Occupy Melbourne

I had not thought that a citizen's right of peaceful assembly was an issue in this State or in Australia. I was wrong.

Article 20 of the Universal Declaration of Human Rights of 1948 provides that:

 "Everyone has the right to peaceful assembly and association.”

Article 21 of the International Covenant on Civil and Political Rights ratified by Australia in 1980 provides:

"The rights of peaceful assembly shall be recognized. No restrictions may be placed on...

Drivers holding their breath over drink driving charges

It is not unusual for drivers to try to wriggle out of a drink driving charge, usually with little success. But a recent case has hundreds of lawyers and their clients, well, holding their collective legal breath.

In the matter of the Director of Public Prosecutions v Piscopo, which has now run through several courts, Mr. Piscopo has contested the legality of a drink driving charge of failing to accompany police back to the station for a second breath test. He first failed a roadside breathalyser test.

A second breath test is required as evidence...