Current Experiments in Australian Constitutional Criminal Law

Tuesday, 9 September, 2014 - 17:30 to 19:00
New South Wales

Paper presented by Professor Jeremy Gans (Melbourne Law School):

Last year, Dr Gabrielle Appleby examined the past, present and future of state law and order regimes and concluded that the High Court‰Ûªs Kable doctrine may have killed off State experiments in criminal justice in favour of constitutionally ‰Û÷safe‰Ûª court‰ÛÒbased schemes that appealed to no-one  (AACL, Sydney, 23 October 2013). The same examination just one year later yields a different conclusion.  State parliaments have started experimenting with laws that give powers to decide guilt and punishment to non‰ÛÒcourt bodies. Indeed, Victoria has enacted the nation‰Ûªs first one‰ÛÒperson detention statute in two decades. This paper looks at the High Court‰Ûªs possible role in prompting these developments and its potential role in stopping them.


  • Mr Robert Bromwich SC (Commonwealth Director of Public Prosecutions)
  • Mr Timothy Game SC (Forbes Chambers)
  • Dr Gabrielle Appleby (Adelaide Law School)

 Chair: The Hon. Justice Margaret Beazley AO (President, NSW Court of Appeal)

Venue: Court 18B, Federal Court of Australia (Queens Square, Sydney)

Download seminar papers:

Jeremy Gans

Gabrielle Appleby