|
|||
|
|||
|
 |
|
| 2002 March 12 | Senate Legal and Constitutional References Committee issues report : Inquiry into the Human Rights (Mandatory Sentencing for Property Offences) Bill 2000. With the changes of government in both Western Australia and the Northern Territory since the introduction of the Bill, the Committee makes no specific recommendation for law reform |
| 2001 October 19 | Aboriginal and Torres Strait Islander Social Justice Commissioner commended the Northern Territory Government on the passage of legislation repealing mandatory sentencing (Media release) |
| 2001 October 18 | Northern Territory Legislative Assembly debates and passes legislation which repeals mandatory sentencing of juveniles and adult property offenders: Juvenile Justice Amendment Act (No2) 2001 and Sentencing Amendment Act (No 3) 2001 |
| 2001 August 18 | The result of the Northern Territory election on 18th August brings the end of mandatory sentencing nearer Out goes mandatory sentencing, in comes mandatory punishment (Sydney Morning Herald, 20th August 2001) |
| 2001 June 2001 | Commonwealth - Northern Territory diversion scheme makes strong progress (Attorney-General's news release) |
| 2001 April 16 | 7.30 Report (ABC TV) looks at the issue of Aboriginal deaths in custody, ten years after a Royal Commission report. Mandatory sentencing is examined |
| 2001 April 12 | Retiring Federal Court judge Marcus Einfeld says that sentencing should be an issue for the courts and not politicians (Interview on the 7.30 Report (ABC TV)) |
| 2001 April 11 | The federal Attorney-General, after visiting the Northern Territory to inspect juvenile diversionary programs, reiterates the government's opposition to the Northern Territory's mandatory sentencing laws (The Age, 11/4/2001) |
| 2001 April 7 | The Attorney-General tells a judicial conference that judges should keep out of politically contentious issues such as mandatory sentencing (Judicial Conference of Australia. Colloquium 2001, Opening Ceremony, Ayers Rock Resort - Uluru) |
| 2001 March 28 | The Social Justice Report 2000 of the Human Rights and Equal Opportunity Commission criticises the Government's refusal to overturn mandatory sentencing for juveniles. See especially: Chapter 3: International scrutiny of Australia’s Indigenous affairs policies Government response: Attorney General's news release |
| 2001 March 26 | Senator Aden Ridgeway addresses the United Nations Human Rights Commission indicating that Australia should 'do more on issues such as mandatory sentencing ... because we can do more' (Press release) |
| 2001 March 21 | Former Prime Minister, Malcolm Fraser, condemns mandatory sentencing in the Western Australian Vice Chancellor’s Harmony Day Oration, Perth |
| 2001 March 15 | Government releases its response to the UN Human Rights Committee inquiry into a complaint from an indigenous Australian (known as 'R') sentenced under mandatory sentencing laws Attorney-General's news release |
| 2001 March 1 | Anglican Archbishop of Sydney speaks out against mandatory sentencing as an 'abuse of justice' (Media release) |
| 2001 February 26 | Senator Amanda Vanstone provides some broad details on funding allocations under the Mandatory detention agreement. (Senate Hansard 26/2/01) |
| 2001 February 15 | Shadow Attorney-General, Robert McClelland MP, highlights Government inconsistent treatment of the Northern Territory's euthanasia and mandatory sentencing laws (Media Statement) |
| 2001 February 10 | Australian Labor Party, Northern Territory Branch, reconfirms a commitment to abolish mandatory sentencing in the Northern Territory (Northern Territory News) |
| 2001 February 8 | Senate passes a motion recalling the anniversary of the suicide of a 15 year old Aboriginal boy in a Darwin detention centre and calls on the Federal Government to override mandatory sentencing laws (Senate Hansard 10/2/01) |
| 2001 February 6 | The Prime Minister in a reply to a question on notice from Mr Peter Andren MP (House of Representatives Question no. 1431) gives information about the diversionary programmes put in place by the joint Commonwealth Northern Territory agreement of 10 April 2000 (House of Representatives Hansard 6/2/01) |
| 2001 January 29 | Western Australian Premier proposes in election campaign to widen mandatory sentencing laws (The Age 29/1/01) |
| 2001 January 23, 27 | News reports from
Darwin Coroner's Court hearing into the death of
a 15 year old Aboriginal Boy (Sydney
Morning Herald 23/1/2001) (Sydney Morning Herald 27/1/2001) |
| 2001 January 22 | Former Chief Justice Sir Gerard Brennan criticises the effect of Northern Territory mandatory sentencing laws on judicial discretion (Sydney Morning Herald 22/1/01 ) |
| 2000 December | Sydney Law Review (vol 22 no.4) publishes Mandatory sentences and the Constitution: discretion, responsibility and the judicial process, by D. Manderson and N. Sharp |
| 2000 November 21 | United Nations Committee against Torture recommends Australia keep under careful review legislation imposing mandatory minimum sentences, to ensure that it does not raise questions of compliance with its international obligations under the Convention and other relevant international instruments, particularly with regard to the possible adverse effect upon disadvantaged groups (Conclusions and Recommendations of the Committee against Torture: Australia) |
| 2000 October 10 | Northern Territory Legislative Assembly passes Police Administration Amendment Bill 2000 (Act no. 63) to codify pre-charge diversion processes. Act given assent on 14 November 2000; commencement date 14/11/2000 |
| 2000 September 20 | Mr John AhKit, MLA, Labor Member for Arnhem in the Northern Territory Legislative Assembly, delivers the 2000 H.C. ‘Nugget’ Coombs Lecture "And you know why: compulsory jailing and racism’ |
| 2000 September 1 | Senator Bob Brown introduces the Human Rights (Mandatory Sentencing for Property Offences) Bill 2000 into the Senate. This is a similar bill to that introduced by him on 25th August 1999 |
| 2000 August 31 | Federal government is disappointed at slow implementation of Northern Territory diversionary programs (Attorney-General's press release) |
| 2000 August 24 | An interim policy on pre-court diversion was gazetted by the Northern Territory Police Commissioner. The policy will be superseded by Police General Orders once the Police Administration Amdt Act 2000 comes into effect (14 November 2000) |
| 2000 July 29 | United Nations Human Rights Committee issues its concluding observations on Australia’s Third and Fourth Reports under the International Covenant on Civil and Political Rights. The report recommends that Australia reassess its mandatory sentencing laws so as to ensure that all Covenant rights are respected. Hearings: 20th July 2000 --- 21st July 2000. Attorney-General's news release. |
| 2000 July 27 | Mandatory detention agreement between the Commonwealth and Northern Territory governments (decided on 10th April) signed |
| 2000 July 14 | Aboriginal legal aid services take individual complaints on mandatory sentencing to the UN Human Rights Committee (7.30 Report transcript) |
| 2000 July 10 | Criticism over proposed agreement between the Commonwealth and the Northern Territory. 7.30 Report interviews with Brendan Nelson MP and the Attorney-General |
| 2000 May 30 | Northern Territory passes the Sentencing of Juveniles (Miscellaneous Provisions) Act (no. 17 of 2000) which raises the upper age of juveniles for the purposes of the criminal justice system from 17 years to 18 years. Text of Act and Second Reading Speech |
| 2000 April 23 | Northern Territory lawyers and community leaders discuss mandatory sentencing deal (Sunday Program transcript) |
| 2000 April 15 | Northern Territory Chief Minister Denis Burke and Western Australian Premier Richard Court defend their mandatory sentencing laws at the federal Liberal Party Convention (Canberra Times) |
| 2000 April 14 | Professor John Warhurst of the Australian National University analyses the electoral implications of the mandatory sentencing debate in a Canberra Times article "Parallels aplenty with Bob Brown's coup of '83" |
| 2000 April 11 | Legal and Aboriginal groups unhappy with sentencing deal (7.30 Report transcript) |
| 2000 April 10 | The Prime Minister
and the Chief Minister of the Northern Territory
announce a range of measures to lessen the impact
of mandatory sentencing on juveniles in the
Northern Territory. (Press
release) (7.30
Report transcript) (Interview
with the Prime Minister on the 7.30 Report).
The Law Council of Australia describes the
measures as "window dressing" (Press
release) The Leader of the Opposition, The Hon. Kim Beazley MP, introduces the Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 2000, identical to the 1999 Bill previously passed by the Senate, into the House of Representatives. (Hansard for 10th April 2000) |
| 2000 April 4 | Motion to suspend Standing and Sessional Orders to call on notice no. 3 (and to enable the Andren Bill to be introduced and debated) was defeated. (Hansard) (7.30 Report transcript) |
| 2000 April 3 | ABC's Four Corners program airs "Go to Jail" on the human impact of the NT mandatory sentencing laws. |
| 2000 March 28 | The Hon. Justice Santow OAM of the NSW Supreme Court discusses the constitutional validity of mandatory sentencing laws in a Sydney Morning Herald article The High Court and mandatory sentencing |
| 2000 March 27 | As a response to the CERD report the Government announces a review into the operation of the United Nations treaty committee system as it affects Australia (Press release) (7.30 Report transcript) |
| 2000 March 26 | Federal Attorney-General responds to the CERD report and rules out overturning mandatory sentencing laws (Press release). |
| 2000 March 25 | Shadow Attorney-General responds to CERD report (Press release). |
| 2000 March 24 | At a meeting of the Standing Committee of Attorneys-General, four State Attorneys-General call for the federal Government to overturn mandatory sentencing laws (Victorian Attorney-General media release) |
| 2000 March 24 | The Committee on the Elimination of Racial Discrimination (CERD) releases a (draft) report condemning Australia's mandatory sentencing laws (press release). |
| 2000 March 23 | Prime Minister appoints committee of backbenchers to consider mandatory sentencing (Sydney Morning Herald). Shadow Attorney-General says more should be done (press release) |
| 2000 March 18 | Four judges of the NSW Court of Appeal (Supreme Court) criticise mandatory sentencing (Sydney Morning Herald). The federal Attorney-General accuses them of interfering in the political process (press release). |
| 2000 March 15 | Independent Member Peter Andren MP gave notice to present a Bill for an Act to amend the Northern Territory (Self-Government) Act 1978 to prevent the mandatory sentencing of children (notice no. 2, Private Members Business, page 5197). |
| 2000 March 15 | Liberal member Mrs Danna Vale, MP, supported by other government members, proposes a private members Bill to overturn Northern Territory's mandatory sentencing laws. The Bill is defeated in the party room and not introduced into Parliament (7.30 Report transcript). |
| 2000 March 13 | The Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999 is debated in the Senate and passed on 15th March 2000. Senate Hansard (13th) (14th) (15th) March. The Bill was introduced into the House of Representatives on 15 March 2000 and read a first time. No further action was taken. (House Hansard). Senator Bob Brown reintroduces a similar bill in the Senate on 6th September 2000 |
| 2000 March 13 | The Minister for Foreign Affairs releases the text of the United Nations Reference Paper Setting Out the International Standards on Mandatory Sentencing of Juveniles. |
| 2000 March 13 | The Senate Legal and Constitutional References Committee publishes "Inquiry into the Human Rights (Mandatory Sentencing of Juveniles) Bill 1999". Transcripts of evidence are published separately (7.30 Report transcript) |
| 2000 March 10 | Law Council of Australia issues its paper The Mandatory Sentencing Debate. Law Council media releases opposing mandatory sentencing may be found on the Law Council web site |
| 2000 March 8 | Seven former High Court judges oppose mandatory sentencing (Herald Sun 8/3/2000, p. 28). In a press release the shadow Attorney-General supports their call |
| 2000 February | Northern Territory government publishes mandatory sentencing information on its website. |
| 2000 February 27 | Opinion on mandatory sentencing by Australian legal academics given in a letter to the Prime Minister. |
| 2000 February 20 | The Human Rights and Equal Opportunity Commission "1999 Social justice report" report states that mandatory sentencing laws are the antithesis of social justice, are inconsistent with best practice standards in criminal justice and breach Australia's international human rights obligations (p169) |
| 2000 February 17 | The Human Rights and Equal Opportunity Commission issues a statement condemning mandatory sentencing (Press conference) (Media release). |
| 2000 February 16 | An Aboriginal man is sentenced to a year's detention in the Northern Territory for stealing $23 worth of biscuits and cordial (Sydney Morning Herald) (7.30 Report transcript) |
| 2000 February 14 | The federal Attorney-General urges the governments of the Northern Territory and Western Australia to review their mandatory sentencing laws (press release). |
| 2000 February 9 | A 15 year old Aboriginal boy sentenced under mandatory sentencing laws appears to commit suicide in a Darwin detention centre (The Australian) (7.30 Report transcript) |
| 1999 December | Australian Institute of Criminology publishes Mandatory sentencing (Trends and issues in crime and criminal justice, no. 138). This paper examines the evidence for and against mandatory sentencing and its possible impact on crime rates. |
| 1999 October | The Alternative law journal publishes 2 relevant articles: J. Hunyor and R. Goldflam "Mandatory sentencing and the concentration of powers" (Summary) and C. Howse "Covering a multitude of sins: mandatory sentencing and rising Aboriginal imprisonment rates" (Summary). |
| 1999 September | Commonwealth Parliamentary Library publishes a digest of the Human Rights (Mandatory Sentencing of Juvenile Offenders) Bill 1999 (Bills Digest No.62) |
| 1999 August | The Human Rights and Equal Opportunity Commission publishes "Mandatory detention laws in Australia: an overview of current laws and proposed reform". |
| 1999 August 25 | Human Rights (Mandatory Sentencing of Juveniles) Bill 1999 introduced into the Senate by Senator Bob Brown, supported by Senators Bolkus and Greig. The Senate refers the Bill to the Legal and Constitutional References Committee, which publishes its report on 13th March 2000 |
| 1999 | University of New South Wales Law Journal publishes a special issue on mandatory sentencing (vol. 22 no. 1). Contents list |
| 1998 | Parliamentary Joint Standing Committee on Treaties publishes "Report on the United Nations Convention on the Rights of the Child". The Committee recommends that the Government request the Standing Committee of Attorneys-General to investigate alternative options to mandatory sentencing (p 424). Executive Summary |
| 1998 | NSW Parliamentary Library Research Service publishes "Mandatory and guideline sentencing: recent developments" (Briefing paper no 18/98). Summary |
| 1997 | Australian Law Reform Commission and Human Rights and Equal Opportunity Commission jointly publish " Seen and heard: priority for children in the legal process" (Report no. 84). Pages 535-574 deal with sentencing of children and pp. 467-9 deal with federal responsibilities to ensure Australia's adherence to international standards |
| 1996 | Federal government passes the Applied Laws (Implementation) (Amendment) Ordinance (No. 2) (Christmas Island Ordinance no. 11 of 1996). Part 2 of the Schedule prevents WA mandatory sentencing laws applying to Christmas Island (a federal territory). Current copy of the Applied Laws (Implementation) Ordinance |
| 1996 | Western Australia passes mandatory sentencing law (Criminal Code Amendment Act (No. 2) 1996 (no. 60 of 1996)) which inserts new sections 400 and 401 into the Criminal Code. |
| 1996 | Northern Territory passes mandatory sentencing laws (Sentencing Amendment Act and Juvenile Justice Amendment Act) which inserts new sections 78A, 78B and Schedule 1 into the Sentencing Act 1995 and sections 53AE-AG into the Juvenile Justice Act. |
| 1996 | Northern Territory Library publishes "Background to mandatory sentencing for juvenile offenders: a Northern Territory perspective". |
| 1996 | New South Wales passes the Crimes Amendment (Mandatory Life Sentences) Act, (no. 5 of 1996) which inserts new section 431A(2) into the Crimes Act 1900. |
| 1994 | Western Australia passes the Young Offenders Act (no. 104 of 1994) which provides for mandatory sentencing of juveniles (section 126). |
| 1994 | New South Wales Parliamentary Library publishes "Sentencing guidelines and judicial discretion: a review of the current debate" (Briefing note; no. 15/94). |
| 1992 | Western Australia passes a mandatory sentencing law (Crime (Serious and Repeat Offenders) Act 1992) which expired on 8 March 1994. The Commonwealth repeals this Act to the extent that it applies to Christmas Island (Applied Laws (Implementation) Ordinance, no. 1 of 1992, Schedule 4). Current copy of the Applied Laws (Implementation) Ordinance. |
| 1990 | Australia ratifies the United Nations Convention on the Rights of the Child. Critics believe that mandatory sentencing may contravene articles 1, 3(1), 12, 37, 40. |
| 1990 | The United Nations Rules for the Protection of Juveniles Deprived of their Liberty (Tokyo Rules) and the United Nations Guidelines for the Prevention of Juvenile Delinquency (Riyadh Guidelines) are adopted by the UN General Assembly. Critics claim that mandatory sentencing breach these guidelines. |
| 1985 | United Nations Standard Minimum Rules for the Administration of Juvenile Justice (Beijing Rules) are adopted by the UN General Assembly. Critics believe that mandatory sentencing may contravene articles 1-1-1-4, 5.1 and 17.1(b). |
| 1980 | Australia ratifies the International Covenant on Civil and Political Rights. Critics believe that mandatory sentencing may contravene articles 7, 9(1), 10(3), 14, 26 and 27. |
| 1975 | Australia ratifies the International Convention on the Elimination of all Forms of Racial Discrimination. |
| 1901 | The Australian Constitution comes into force. Although it does not give the federal Parliament direct power to legislate with respect to criminal law or children, sections 51(xxix) (external affairs power) and 122 (territories power) may provide a valid basis for Commonwealth legislation in these areas. |
