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8 November 2021
Claims arising from sexual assault or harassment can be complex. The seminar will canvas the causes of action available to a person who has been sexually assaulted or harassed, including actions available under discrimination laws, common law and the law regulating WorkCover.
Discrimination laws prohibit, and the common law regulates through tort, some sexual harassment. State and federal Acts and the common law adopt different rules that attribute liability to employers for that conduct. The application of those rules can lead to an employer’s direct (primary), vicarious or accessorial liability. The contours of these rules of attribution will be discussed.
On 2 September 2021, the Federal Government’s Sex Discrimination and Fair Work (Respect at Work) Amendment Act 2021 passed both houses of Parliament. It adopts six of the 55 recommendations made in last year’s Respect@Work:National Inquiry into Sexual Harassment report by the Australian Human Rights Commission. The reforms brought about by the Respect@Work legislation will be outlined.
The first statements by Australian businesses under the Modern Slavery Act 2018 have just been made publicly available.
What role does such reporting play in curbing modern slavery? What role do civil and criminal courts have? How do the criminal law and health and safety laws apply? And where next? … What initiatives from overseas might Australia draw from? Could there be a duty to conduct human rights due diligence?
In this CPD, the speakers will outline current and potential future legal developments in tackling modern slavery in Australia from both a civil and criminal law perspective, drawing upon their experiences in key cases in the United Kingdom.
Discrimination claims are now brought through various means, including representative proceedings; in a variety of contexts; and in various forums. This CPD seminar will address recent developments in discrimination law and insights from the Federal Court, the Victorian Equal Opportunity and Human Rights Commission and…
In the seminar, the Chief Justice of the Supreme Court, the Chief Judge of the County Court of Victoria, the Chief Magistrate of the Magistrates’ Court of Victoria and the President of the Victorian Civil and Administrative Tribunal will each explore emerging practice areas, as well as highlighting those practice areas that are static or shrinking.
When brutality is alleged against police, impartial investigation is essential – to ensure accountability for misconduct, to vindicate the human rights of victims, and to embed a culture of respect for rights within our police force. In March 2018 IBAC found ‘concerning deficiencies’ in the manner in which Victoria Police reviews serious incidents, including those that result in the serious injury or death of members of the public. The IBAC findings raise significant legal and human rights concerns.
Trial CPD In Session with FREE access to the CPD on Legal, Constitutional and Human Rights issues surrounding same sex marriage. This CPD includes discussion of the important decision in The Commonwealth v Australian Capital Territory 92013) 250 CLR 441 by The Honourable Kenneth Hayne AC QC, former Justice, High Court of Australia; dialogue on the state of national law and constitutional law by The Honourable Michael Kirby AC CMG, former Justice, High Court of Australia and a focus on the human rights issues raised both nationally and internationally by Catherine Dixon and Anna Brown.
Rishi Gulati has advanced claims on behalf of individuals before several international tribunals and fora, including on behalf of Baby Gammy before the UN Human Rights Committee. In this CPD, Rishi discusses the options that claimants may have when pursuing international justice, including at the UN Committee Against Torture and the UN Human Rights Committee. Rishi discusses procedural steps necessary before claims may be raised at the international level, including discussing the rule on the exhaustion of domestic remedies.
This CPD is a joint seminar conducted by the Victorian Bar together with the Law Institute of Victoria. This CPD identifies some of the most significant recommendations of the eight-year review of the Charter of Human Rights and Responsibilities Act 2006 (Vic). Mr. Brett Young who was the Independent Reviewer of the Charter, discusses the review.