Policy: 1987 Brief


CM. 22.7.87

That CCL calls on the Federal Government to constitute a Royal Commission or similar inquiry into black deaths in custody and associated social questions, under the Race Power, and this inquiry be given clear constitutional power to proceed and that the terms of reference be widely drawn.


CM. 27.5.87.

That the cautioning system be introduced into the legislation with the following safeguards:

  • that no admission of guilt be required prior to a   caution being administered, and cautions not be taken into account in sentencing and that they not be included in a child's record.
  • that the word "immediate" be left in clause 60(1) (a) of the Child (Care and   Protection) Bill 1987 but that a warrant should be obtained in cases that are not immediate, and that YACS officers be given training in the proper and appropriate use of their powers in these circumstances.
  • that parents should not be able to exercise their powers under clause 57(1) (b) without first having been counselled by an appropriate counsellor.
  • that the legislation specifically provide that where there is conflict of the interests of the child and the parent the Children's Court should be empowered to make the appointment and any right of a parent to appoint lawyers in circumstances of conflict should be removed by the court.


Crimes Photographic Evidence Amendment Bill (CM. 25.2.87)

That CCL opposes the provision in the Act permitting the use of photographs taken in other than traffic offences. That there be a legislative prohibition on continuous surveillance of drivers whether or not they are in breach of the traffic laws.

Extradition Rights (CM. 27.5.87)

That the extradition laws be amended to provide to defendants the right to make full answer to the allegations brought against them by foreign countries and to provide expressly for the right to bail pending the outcome of any proceedings taken by the defendant in relation to their extradition.

Retrospective Legislation (CM. 25.3.87)

That CCL is fundamentally opposed to the imposition of criminal sanctions retrospectively and cannot envisage any circumstances in which retrospective criminal liability could be imposed.

CHELMSFORD (CM. 26.8.87)

That CCL support the Citizens' Committee on Human Rights regarding the unsatisfactory situation concerning Chelmsford Hospital.


Trial by Jury (CM. 22.4.87)

That CCL:

  • Supports applying section 80 to the States and Territories;
  • Objects to any reference to capital or corporal punishment in the Constitution as this would give constitutional condonation to those unacceptable forms of punishment;
  • Considers trial by jury be available for:
    - All offences for which the maximum penalty is imprisonment for a period of more than 1 year.
    - Contempt of court offences.
    - Offences under defence force law before defence force tribunals.
    - Offences of which individuals are charged (as distinct from corporations) and for which a penalty of a fine, forfeiture or other economic detriment which has a serious impact on the economic welfare of the individual is imposed and no penalty of imprisonment is imposed.
  • Objects to the proposal that the Parliaments may make laws for appeals against acquittals.


CM. 25.3.87

That it is part of the democratic rights of both the electors and the elected in local government council elections that those elected be entitled to hold their offices for the established period and not be dismissed until substantial grounds for doing so are determined by an appropriate inquiry.


CM 25.2.87


  • There be a prohibition from government agencies using these photographs for   any purpose other than in relation to drivers' licences;  
  • It be unlawful that anyone be able to demand to see a licence except in relation to matters relating to the driving of motor vehicles.


CM. 25.2.87


  • Embryos should not be accorded the status of people.
  • Any legislation permitting non-therapeutic experimentation on embryos should also provide that the embryo be destroyed or disposed of at the end of experimentation and that implantation of such embryos be prohibited.
  • If any of the proposed offences are to be dealt with upon indictment then such a charge should be heard before a jury.