Tightening eligibility for bail for persons on supervision orders in Victoria: repairing a broken system?

Victoria Nourse has observed that political debates about crime legislation are predictable and invariably one-sided because ‘no-one is “for” crime.’1 This certainly appears to be the case with regard to recent proposed changes to the Bail Act 1977 (‘the Act’) by the government of Victoria. The reforms were triggered by the case of Sean Price, an offender with a history of mental disorder, serious offending and lengthy incarceration who was on bail and subject to a supervision order when he murdered Masa Vukotic, raped another woman and assaulted a third person in March 2015. The Premier of Victoria, Daniel Andrews, stated that a bail system that allowed Price to be free and unmonitored was failing the community and pledged to repair ‘a system that is broken.’

Going to a 'double d': the 2016 federal election and the Constitution

This article sets out the key constitutional issues surrounding the 2016 federal election and its aftermath. The authors discuss the double dissolution mechanism in the Australian Constitution which was used to trigger the 2016 election and the recent changes to the Senate voting system. The authors also examine how and why the newly elected senators will divide into long and short term senators after the 2016 election, whether the new Parliament will proceed to a joint sitting, and the prospects of another early election.

Criminalising controlling and coercive behaviour: the next step in the prosecution of family violence?

A new offence of controlling or coercive behaviour in intimate or family relationships has recently come into force in England. The parliament of Scotland is contemplating introducing a related offence. The offence is distinctive because it criminalises conduct – controlling and coercive behaviour – which has specified negative behavioural and psychological consequences without necessarily requiring that a victim sustain physical injury or fear death or serious harm. This significant extension of the criminal law supplements anti-stalking legislation and has been justified on the basis that it addresses a core feature of abusive relationships, is essential to protect the human rights of victims of domestic abuse, and has community support. In the context of the ongoing debate about how best to tackle the problem of domestic abuse in Australia, this development provides an innovative – albeit still untested – model and should be closely examined.