Law Council of Wales

Kathleen Folbigg pardon shows Australia needs a dedicated body to investigate wrongful convictions

Retrieved on: 
Monday, June 5, 2023

At trial, the prosecution had relied on the statistical improbability of so many of her children dying accidentally.

Key Points: 
  • At trial, the prosecution had relied on the statistical improbability of so many of her children dying accidentally.
  • However, at the second inquiry, this reasoning was called into question by fresh scientific evidence pointing to possible medical causes of the deaths.
  • The Folbigg case is yet another demonstration that Australia needs a Criminal Cases Review Commission (CCRC) – a statutory body working at arm’s length to investigate claims of wrongful conviction.
  • Preferably, it would be a single federal body covering all jurisdictions, or failing that, one for each jurisdiction.

Wrongful convictions

    • In the last decade, Jason Roberts in Victoria was acquitted in a retrial after serving two decades in prison for the murder of two police officers.
    • Scott Austic in WA was acquitted in retrial after serving 12 years for the murder of his partner who was pregnant with his child.
    • How common are wrongful convictions?

Systemic solution

    • This goal is pursued through principles such as the presumption of innocence and the requirement of proof beyond reasonable doubt.
    • They will not necessarily be corrected on appeal, where the defendant is no longer presumed innocent and weight is given to the “finality principle”.
    • This means the jury verdict is ordinarily considered final, for the sake of efficiency and to provide the parties and society with closure.
    • The systemic risk of wrongful conviction demands a systemic solution.
    • And the Sydney Institute of Criminology is currently calling on governments to take steps to establish an Australian CCRC.

Law Council privacy law and practice seminar

Retrieved on: 
Thursday, April 20, 2023

20 April 2023

Key Points: 
  • 20 April 2023
    Australian Information Commissioner and Privacy Commissioner Angelene Falk joined the Law Council of Australia’s Business Law Section on 5 April 2023 for a seminar on key privacy developments.
  • The seminar covered:
    - lessons from recent high-profile data breaches
    - privacy law reform, including the Privacy Act review report and Privacy Legislation Amendment (Enforcement and Other Measures) Act 2022
    - the OAIC’s privacy regulatory priorities.