Amends the Criminal Code Act 1995 to: provide that the consent of the Attorney-General will not be required for proceedings relating to genocide and related atrocity crimes; and remove the restrictions on review of decisions of the Attorney-General to give or refuse consent to institute proceedings for such offences.
The practical impact of this Bill is that the consent of the Attorney-General will not be required for proceedings relating to genocide, crimes against humanity, war crimes, and crimes against the administration of the justice of the International Criminal Court commenced after the commencement of the Act. It further removes the restrictions on review of decisions of the Attorney-General to give or refuse consent to institute proceedings for such offences made prior to the commencement of the Act.
Normative Bases
The bill should be supported because it aligns Australia's domestic law with its international obligations under the Convention on the Prevention and Punishment of the Crime of Genocide. By removing the Attorney-General's fiat, it ensures unbiased and fair access to justice for victims and supports the principles of equality before the law and non-discrimination as outlined in the Universal Declaration of Human Rights.
One might argue against the bill by suggesting that removing the Attorney-General's oversight could lead to politically motivated or frivolous prosecutions, which could burden the legal system and divert resources from other important areas. The current requirement for the Attorney-General's consent may serve as a necessary check to ensure that only cases with sufficient merit proceed. Without this check, there could be increased risks of abuse of the judicial process [Judgment].
2024-02-07
Not Proceeding
THORPE, Sen Lidia
Unspecified
Discrimination / Human Rights, Democratic Institutions, Criminal Law Reform