In this episode the wigs tackle two topical legal issues. Firstly the controversial failed prosecution of NSW Minister Don Harwin. Secondly the operation of the NSW High Risk Offender scheme, under which people are detained and monitored for being an "unacceptable risk" of further criminal offending. 

In this episode the wigs tackle two topical legal issues. Firstly the controversial failed prosecution of NSW Minister Don Harwin. Secondly the operation of the NSW High Risk Offender scheme, under which people are detained and monitored for being an "unacceptable risk" of further criminal offending.

The Wigs is a weekly-ish podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns as they deep dive into the scenarios and outcomes that make up our legal system.

The Wigs is a weekly-ish podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen Lawrence and Jim Minns as they deep dive into the scenarios and outcomes that make up our legal system.

The Wigs is a monthly podcast exploring and interrogating contemporary legal issues in and out of the court room. The first and only podcast  (so far) featuring practising barristers talking shop. Join Emmanuel Kerkyasharian, Felicity Graham, Stephen L...

The Wigs

S2 E6: The Don Harwin affair and Australia’s “pre-crime” regime

In this episode, the wigs tackle a bill that passed the federal parliament recently and very substantially amended the part of the Criminal Code 1995 that creates crimes related to engaging in bribery in foreign countries. The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 passed the Senate on 29 February 2024. These laws implement Australia's international commitments to combat foreign bribery and impose substantial penalties on individuals and companies who engage in bribery while engaging in business overseas. The Wigs analyse the policy rationales for the laws, the elements, and some of the defences. The discussion also touches on some recent Australian prosecutions for this conduct.

In this episode, the wigs tackle a bill that passed the federal parliament recently and very substantially amended the part of the Criminal Code 1995 that creates crimes related to engaging in bribery in foreign countries. The Crimes Legislation Amendment (Combatting Foreign Bribery) Bill 2023 passed the Senate on 29 February 2024. These laws implement Australia's international commitments to combat foreign bribery and impose substantial penalties on individuals and companies who engage in bribery while engaging in business overseas. The Wigs analyse the policy rationales for the laws, the elements, and some of the defences. The discussion also touches on some recent Australian prosecutions for this conduct.

Foreign Bribery: Analysing The Changes To The Criminal Code

In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt.

In this episode recorded on 19 December 2023, the wigs analyse the decision of the High Court in NZYQ v Minister for Immigration 2023 HCA 37, one of the most important public law decisions in recent decades which was handed down on 28 November 2023. In the decision, the court unanimously overturned an earlier decision in Al-Kateb. It held that long-standing constitutional principles forbid indefinite detention of non-citizens who cannot be removed from Australia. The judgment has been massively controversial and the federal parliament legislated in December last year in response to it to create a system of monitoring and regulation applying to those persons affected directly by the decision. We do apologise for the delay in releasing the episode but we hope it's still an interesting and useful discussion of one of the most important principles in Australian constitutional law, that detention is prima facie punitive and can generally only be imposed by a court following an adjudication of guilt.

Is Indefinite Detention Punitive?  Who Can Impose It? We Have An Answer!

In this Wigs Extra Episode we present something a little unusual: a speech that Wig Emmanuel Kerkyasharian gave to the Legal Studies Association. 

Asked to speak about basic legal concepts in the context of the Legal Studies Syllabus, Emmanuel couldn’t resist the temptation to go philosophical, and presented a speech about what law is, and how it can be conceptualised as a meme. 

Many thanks to the LSA for sharing this recording with us and allowing us to present it to you.  

In this Wigs Extra Episode we present something a little unusual: a speech that Wig Emmanuel Kerkyasharian gave to the Legal Studies Association. 
Asked to speak about basic legal concepts in the context of the Legal Studies Syllabus, Emmanuel couldn’t resist the temptation to go philosophical, and presented a speech about what law is, and how it can be conceptualised as a meme. 
Many thanks to the LSA for sharing this recording with us and allowing us to present it to you.

S2 E6: The Don Harwin affair and Australia’s “pre-crime” regime

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