This paper analyses eight criminal justice laws applicable in New South Wales – six are matters of state legislation, one is the absence of state legislation and one is a High Court decision. The cases were chosen for their currency and the degree of concern expressed about them. In each case the law about which there was concern is identified, the suggested human rights breach is noted, some background to the development of each law is given, and then the international jurisprudence is applied, leading to a provisional conclusion. In almost every case probable breaches (in two cases possible breaches) are found of the relevant human rights standards.
public space, an occasional paper series, #3, 2001
uts community law and legal research centre