2013 has seen a number of high profile cases involving unsuccessful challenges to laws and regulatory schemes under the implied constitutional freedom of political communication.  Three decisions will be discussed at this seminar.  First, the decision of the Federal Court in Muldoon v Melbourne City Council & Ors [2013] FCA 994 that considered the application of prohibitions on camping in public gardens without the permission of a public authority on the 'Occupy Melbourne' protest.  Secondly, the High Court's decision in Attorney-General (SA) v Corporation of the City of Adelaide [2013] HCA 3 that considered provisions of a by-law prohibiting persons from preaching or distributing printed material without the permission of a public authority.  Thirdly, the High Court's decision in Monis v The Queen & Anor [2013] HCA 4 that considered a law that created an offence to use a postal or similar service 'in a way ... that reasonable persons would regard as being, in all the circumstances, menacing, harassing or offensive'.  
 
This seminar will not only inform you of important recent developments in the constitutional law but will consider specific implications for lawmakers and decision-makers including:
 
  • how the implied freedom of political communication affects and intersects with administrative decision making;
  • how courts take notice of evidence based policy to decide whether laws or decisions are consistent with the implied freedom of political communication; and
  • how your agency can protect administrative decisions and related laws from invalidity. 

Speakers

Sky Mykyta, Managing Principal Solicitor of the Government & Public Law Branch, Victorian Government Solicitor’s Office

Nicholas Tiverios, Solicitor of the Government & Public Law Branch, Victorian Government Solicitor’s Office

 

Monday 12:00PM 11 Nov 13 2013
Other
12pm - 1pm
Number of attendees: 
70