Publication of allegations of corrupt conduct made to the CMC

The right to free speech and the right to a fair trial are two of the most cherished values in a civilised society. However, they can and do come into conflict. Traditionally under our legal system this conflict has been resolved by effectively prohibiting the disclosure of allegations against a person until they have reached a stage where there is sufficient evidence to support a charge. At that point limited publicity is permitted. And then full publicity occurs at the time of trial. We support that traditional arrangement. Two reasons are traditionally given for this approach. The first is to protect the reputation of persons. Secondly to protect their right to a fair trial.

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Submission to Queensland Human Rights Inquiry

In the Council’s view the case for a Human Rights Act is quite simply irrefutable.  In saying that the Council does not think that a Human Rights Act will constitute a revolution in either sense.  That is, a Human Rights Act will not create a human rights nirvana in Queensland.  Nor will it wreck the separation of powers between the branches of the government or destroy our democracy.  What it will do is represent a bold statement of commitment by the Queensland Government to bring human rights closer to the heart of political culture in this state and provide a place where the marginalised and disadvantaged in our community can seek redress for their grievances.

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