The Commonwealth Parliament and Preventive Detention: The High Court's Decision in Minister for Home Affairs v Benbrika (2021) 95 ALJR 166
Criminal Law.
2021-2022 Criminal Law CPD Series
Sydney Law School
This new Criminal Law CPD series, presented by the Sydney Institute of Criminology is made up of 7 webinars. Topics include: criminal behaviour in the digital age, consent and culpability in sex cases involving adults, irreducible life sentences, preventive detention; and neurotechnology and the criminal law.
Full attendance at this webinar series is equal to 10.5 MCLE/CPD units. View flyer here.
About the webinar
SUBSTANTIVE LAW
CPD Points: 1.5
The effect of Fardon v AG (Qld) (2004) 223 CLR 575 is that a State or Territory Parliament may validly authorise its Supreme Court to commit to prison a person who poses an unacceptable risk of committing a serious sexual offence if released at the end of his or her prison sentence. But, in the same case, Gummow J (with whom Kirby J agreed on this point) contended that Chapter III of the Commonwealth Constitution prevents the Commonwealth Parliament from passing similar legislation. In Minister of Home Affairs v Benbrika (2021) 95 ALJR 166, a majority of the High Court held that his Honour was wrong. This seminar considers the reasons that the majority Justices gave for rejecting Mr Benbrika’s attack on Division 105A of the Criminal Code (Cth), which authorises a State or Territory Supreme Court to impose continuing detention orders on terrorist offenders who pose an unacceptable risk of committing certain terrorist offences if released into the community. The seminar also examines the more liberal approach adopted by Gageler and Gordon JJ in their respective dissents. The seminar suggests that Benbrika is consistent with the Court’s recent decisions in cases where ‘law and order’ measures are attacked on Chapter III grounds.
CPD accreditation
Information for lawyers and barristers
Full attendance at this webinar is equal to 1.5 MCLE/CPD units.
Prerequisites
None
Delivery style
This is an online webinar. Once enrolled, you will be provided a link to the recording and can watch on demand.
Full series registration
CLICK HERE to register for the full series (7 webinars)
Further enquiries
- T +61 2 9351 0248
- E law.events@sydney.edu.au