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The Guardian
21-07-2025
- Politics
- The Guardian
Walter Sofronoff had no ‘corrupt, dishonest or malicious motive' in leaking Lehrmann inquiry report, lawyer argues
Former Queensland judge Walter Sofronoff sincerely believed he was acting for the public good when he leaked his report on the prosecution of Bruce Lehrmann to two journalists before it was made public, the federal court has heard. Hearings began on Monday into Sofronoff's legal challenge to findings by the Australian Capital Territory's corruption watchdog that he had engaged in 'serious corrupt conduct' by leaking the report of his investigation into the Lehrmann case to Janet Albrechtsen at the Australian and Elizabeth Byrne at the ABC, ahead of its official release. There was 'overwhelming evidence that Mr Sofronoff genuinely believed he was acting in the public good', and attempting to aid accuracy of media reportage, his counsel Adam Pomerenke KC told the court. 'Even if Mr Sofronoff was wrong in his view, the fact remains that he genuinely and honestly held it. This is not a corrupt, dishonest or malicious motive. At worst, it could be characterised as an erroneous attempt to ensure accuracy and transparency in public discourse. That cannot rationally be described as corrupt,' Pomerenke said. Bruce Lehrmann was accused of raping Brittany Higgins in the ministerial office of senator Linda Reynolds at Parliament House in 2019. He denied those allegations. A 2022 criminal trial was aborted because of juror misconduct, and prosecutors decided against a re-trial. Sofronoff was appointed by the ACT government to determine whether the investigation into the aborted Lehrmann trial had been affected by political influence or interference. His report ruled out political influence or interference but made 'serious findings of misconduct' against prosecutor Shane Drumgold, which were partially overturned in March 2024. The ACT Integrity Commission launched an investigation in May 2024 to determine whether Sofronoff acted corruptly in leaking the confidential documents. The commission's findings, known as the Juno report, said Sofronoff claimed his conduct 'complied with the requirements of the Inquiries Act' and that, in leaking the documents, he had 'acted in the public interest to ensure the media were adequately informed' about his inquiry and 'in a position to comment accurately' about it. The commission found that Sofronoff 'had not, in fact, acted in good faith', that his actions 'undermined the integrity of the Board's processes and the fairness and probity of its proceedings to such an extent as to have been likely to have threatened public confidence in the integrity of that aspect of public administration. It therefore constituted serious corrupt conduct.' Sofronoff rejected a characterisation by the ACT Integrity Commission in its findings that he had become 'a fellow traveller' of Albrechtson, Pomerenke told the court. The phrase was first used to describe Sofronoff by Justice Stephen Kaye when finding in March 2024 that Sofronoff's extensive communications with Albrechtson had given rise to an impression of bias against prosecutor Shane Drumgold during the inquiry into the Lehrmann trial. The concept of the 'fellow traveller' being redeployed in the context of the Juno report was 'simply unrecognisable'; it was 'a meaningless slogan' with no clear definition, and 'seriously problematic' when used in that way, Pomerenke told the court on Monday. 'What is it supposed to mean? Is it that Mr Sofronoff shared an actual opinion or belief [with Janet Albrechtson]? If so, what is the opinion or belief that he actually shared? None is identified. And how could that opinion or belief rationally lead Mr Sofronoff to sacrificing the public interest in pursuit of the unidentified opinion or belief that he held?' Even if one vehemently disagreed with what Sofronoff did, it should not be described as corrupt, Pomerenke told the court. Sofronoff is seeking to have the finding of the corruption watchdog overturned partly on the basis of what he claims are a series of errors – an argument that turns on the interpretation of what constitutes 'serious corrupt conduct' in the integrity commission act – and on a lack of evidence that he leaked the report with malicious intent, the court heard. The ACT Integrity Commission failed in May in an attempt to have Sofronoff's challenge to the report nixed on the grounds that it was subject to parliamentary privilege. The hearing continues.
SBS Australia
04-07-2025
- Politics
- SBS Australia
ACT chooses 'care over cruelty' by raising the age of criminal responsibility to 14
In a historic move, the Australian Capital Territory has become the first jurisdiction in the country to raise the minimum age of criminal responsibility to 14 – a significant reform celebrated by legal advocates, health experts and Aboriginal and Torres Strait Islander leaders. From July 1, children under 14 in the ACT can no longer be charged, prosecuted, or imprisoned under the criminal legal system, except for a limited number of excluded offences. The change comes as part of a two-stage reform passed in 2023, which first raised the age from 10 to 12 and now to 14. The Aboriginal Legal Service (NSW/ACT) welcomed the milestone, commending the ACT Government for a decision grounded in research and community wellbeing. 'This reform will keep more children where they belong: in their homes, communities, schools, playgrounds and sports fields, supported to thrive rather than being dragged through court and languishing in youth prisons,' ALS chief executive Karly Warner said. 'Evidence shows the younger a child is at first contact with the legal system, the more likely they are to keep coming back into contact with police and courts and to experience adult imprisonment. "That's why raising the age of legal responsibility to 14 is a commonsense move not only for children but for all members of our communities.' While praising the ACT's leadership, Ms Warner urged further reform, calling for the removal of exceptions that still allow children to be criminalised under certain circumstances. The change follows decades of sustained advocacy from Aboriginal and Torres Strait Islander communities, health professionals and legal experts, who have long highlighted the harms of early criminalisation, particularly for Indigenous children, who remain disproportionately affected by the system. A call for national action Advocacy organisations, including Change the Record, the Justice and Equity Centre and the Human Rights Law Centre, also welcomed the reform, and called on all other jurisdictions to follow suit without delay. 'Every child deserves to grow with connection, not be locked up in prison cells,' Jade Lane, Change the Record chief executive, said. 'The ACT reforms are a crucial step toward choosing care over cruelty, especially for Aboriginal and Torres Strait Islander children, who are disproportionately targeted by police and the so-called justice system.' Ms Lane urged other jurisdictions to end harmful, punitive youth justice practices and invest instead in community-led solutions that support young people. 'This change in the ACT signals a well-overdue time to invest in Aboriginal and Torres Strait Islander children to thrive, not trap them in cycles of criminalisation,' she said. Maggie Munn, First Nations director at the Human Rights Law Centre, said the reform sets a precedent for the rest of the nation. 'Our kids deserve to thrive, not be caged in police watch houses and prison cells. This is a positive step forward which means that more children in the ACT will be cared for, rather than pipelined into prison,' Munn said. 'We call on every state and territory government to do the right thing for kids and communities, and raise the age of criminal responsibility to at least 14, with no exceptions.' Chief executive of the Justice and Equity Centre Jonathon Hunyor told NITV that locking up children cruels their chances and takes them away from positive influences. "What we do is place kids in a situation where they build criminal capital – they go to the university of crime," he said. "They get taught that they're criminals and told that they're criminals – and that's exactly what we produce. "So it's very easy to talk tough and be all hairy-chested about being tough on crime, but the fact is, it's not working, it's never worked, and it's never going to work. "Unless we actually invest in kids, we invest in communities, we invest in solutions, we're just saying the same stuff over and over again." Australia still lagging behind international standards Despite the ACT's progress, Australia remains out of step with international human rights obligations. The United Nations has repeatedly called on Australia to raise the minimum age to 14 'without exception,' citing evidence that children aged 10 to 13 lack the developmental capacity to be held criminally responsible. Mr Hunyor said that raising the age is a catalyst for changing systems, taking the emphasis from criminalisation, from police and prisons, to where it can make a difference. "And that's intervening early, supporting children and families from a much younger age than even 10 so that problems that lead them to commit criminal offences don't materialise or, if they do, that kids can get back on the right track," he said. "So it's all the obvious stuff that we should be investing in community services, after school activities, mentoring for young people, mental health support and there's support for families. "We address things like homelessness and a lack of housing, disability supports that we need in our communities "They're all the things that we know are going to make a difference." Communities had a right to be angry that government is not investing in them and not investing in people's capacity to do better, Mr Hunyor said. "Instead, we park at the bottom of the cliff, we wait for kids to fall off, we chuck them in the paddy wagon, and we drive them back up and let them out again, and the whole cycle starts again," he said. "It's just a ridiculous approach that we're taking. "And until more people look at the evidence like they are in the ACT, we're not going to get better outcomes." In NSW, Queensland, and South Australia, the age of criminal responsibility remains at 10. The former Northern Territory Labor government raised the age to 12 but when the Country Liberal Party swept to power in August last year, one of the first act's of Lia Finocchiaro's new government was to lower it back to 10. Victoria has also kept the age at 10, and while that state has passed legislation to raise it to 12; the change has not yet been implemented and also includes new police powers targeting children as young as 10 and breaks a promise from former Premier Dan Andrews to raise the age to 14 by 2027. Tasmania has committed to raising the age to 14 by 2029, while in Western Australia, the government has voted to raise the age to 14, but implementation is still pending. 'Kids deserve a childhood free from cages and isolation,' Ms Lane said. 'It's time the rest of the country caught up.'
SBS Australia
04-07-2025
- Business
- SBS Australia
SBS News in Filipino, Friday 4 July 2025
Justice advocates in the Australian Capital Territory say the territory's decision to raise the age of criminal responsibility should serve as an example to other states and territories. ACCC is warning consumers about online 'ghost stores' - which claim to be small, local operators with high quality products. New research suggests wealthier students are going to benefit more from government plans to cut university debt than those on lower incomes. LISTEN TO SBS Filipino 04/07/2025 07:15 Filipino 📢 Where to Catch SBS Filipino
Times
20-06-2025
- Sport
- Times
Joe Schmidt not just fighting to win but to save rugby union in Australia
Australian rugby is not in a good place. The Wallabies are a lowly eighth, below Scotland and Argentina, in the world rankings. They finished last in both the 2023 and 2024 Rugby Championship campaigns. In the 2023 World Cup they were eliminated at the pool stage for the first time in their history. The Green and Gold lost 40-6 to Wales. That in itself tells quite a tale. As did the decision to hire Eddie Jones. Joe Schmidt has initiated some improvement. His team did beat England and avenged themselves against Wales last autumn but they also suffered the worst defeat in their history, 67-27, at the hands of Argentina. Domestically their Super Rugby Pacific season ended in mostly premature failure. The Queensland Reds failed to make the knockout section. So too the New South Wales and Western Australian franchises. The Brumbies, from Australia Capital Territories, managed a morale-boosting quarter-final victory against the Hurricanes before the Chiefs — from New Zealand, like the Hurricanes — overwhelmed them in the semi-final. The actual tournament is struggling to retain much interest because it has become an exclusively New Zealand competition at the sharp end. It is ten years since the Wallabies won the Rugby Championship, and 11 since Michael Cheika's Waratahs beat the Crusaders in front of nearly 62,000 supporters in Sydney, the last time an Australian team won the Super Rugby title. The reflection of this in crowd sizes is glaring. The average attendance in Sydney was 16,000 this season, while it was 1,000 less in the union stronghold of Brisbane. Twenty years ago, these averages were almost double today's figures. When the Brumbies beat the Hurricanes, I was horrified with the endless rows of empty seats in Canberra. As for Western Australia, they have averaged a fraction over 6,700. Rugby league averages 21,000 per game compared with Australian Super Rugby's 12,000. Aussie Rules packs in 39,000 spectators on an average match day. Football is also on the rise. On a Sunday morning there are throngs of kids playing 'touch footie' in Sydney and plenty of supporters turn up for the city's Shute Shield, featuring the long-established union clubs. It is predominantly middle class — but that's no different to England. In some ways, the two countries have similar problems. New South Wales and Queensland continue as the nation's rugby epicentre — for fans, clubs and schools — but it struggles to make an impact in other parts of the country. Just as the Premiership has struggled to understand that outside the traditional strongholds the sport has stagnated so it has failed to thrive in Victoria and Western Australia. The failure of Melbourne to maintain a team was testament to Aussie Rules' grip over union. Whereas Aussie Rules has made dents in the union markets of Sydney, union has not been able to nationalise rugby union. Last weekend, at the Optus Stadium in Perth, where the British & Irish Lions tour to Australia kicks off for real, 31,000-plus turned up on the Saturday for North Melbourne v Fremantle Dockers, and nearly 44,000 for the next day's game, West Coast Eagles v Carlton. These are figures beyond union's dreams. Until now. The Lions begin their tour against Western Force in Perth, Western Australia, next Saturday. The legion of Lions supporters, anticipated to number about 40,000 through the tour, will pack the stands, almost certainly outnumbering the locals with their average crowd of 6,700. That life support for the union code is the Lions playing doctor and revitalising the sport's ailing body. Australia needs an end to echoing stadiums and, more than any team in the world, the Lions quartet of nations guarantees non-stop atmosphere. But what — other than to replenished coffers — are the long-term implications should the tour degenerate into a sequence of one-sided affairs before the Test series? The Wallabies' so-called 'Super' teams will be stripped of some of their Test performers. And though Schmidt does not have the strength in depth to risk all of his core players, he has made more than expected available for Western Force. On Thursday revealed that Wallabies squad members Nick Champion de Crespigny, Tom Robertson, Darcy Swain, Tom Robertson, Dylan Pietsch and Nic White would all be free to play. For the tour, this is promising news. Andy Farrell's job isn't to play the part of rugby missionary and go easy on the opposition. The Lions have hit Western Force for a century of points in the past. If they thrash them on June 28, where does that leave the already sparse loyal core of 6,700 fans? It may be pure coincidence but this week the venue for the first Lions match hosted rugby league's showpiece, the State of Origin; New South Wales versus Queensland brings the East Coast of Australia to a grinding halt. This match, the second of the three-game series, was played at the Optus Stadium in Perth a mere ten days before the Lions kick off. Queensland, having lost in Brisbane, fought back to level the series at 1-1, with the decider now set for Sydney. The marketing men couldn't be more delighted with the way the State of Origin has panned out in the distant west. It will take a stunning performance from Western Force to eclipse the 26-24 windswept Origin thriller. League has made the sort of mark in Western Australia that union can only dream of. As for the Tests, Australia have one warm-up game against Fiji before the series. The Lions have the advantage in terms of preparation and strength. Schmidt has to gamble with his stars, arguably throwing the warm-up games. Nothing but a compelling Test series stops Australia from sliding further away from its already tenuous position among the nation's winter sports. On the terraces and in the bars the tour will be a riotous carnival. The Lions' combined support base guarantees colour in abundance. On the pitch, however, Schmidt is tasked with the toughest test for Australia's coach since the game turned pro. They triumphed in 2001, two years after winning their second World Cup and two years before losing to England in the 2003 final. That was a great Aussie team and the series went dramatically down to the dying seconds. If Australia lose the series and the Lions leave a trail of hammerings in their wake, the 2027 World Cup in Australia is going to rely on tourists and ex-pats. This tour is about more than the future of the Wallabies. It is a threat to the entire code of rugby union.
Canberra Times
30-05-2025
- Politics
- Canberra Times
A soul-stirring journey of culture, Country and knock-out views
Did You Know? As noted by ArchivesACT which featured the mock funeral in its 'Find of the Month' in 2017, "the NCDC was abolished after the Australian Capital Territory (Self-Government) Act 1988 with many of its functions, staff and files passed on to the new ACT government. The remaining functions were passed to the National Capital Authority (NCA) which was established under the Australian Capital Territory (Planning and Land Management) Act 1988 to undertake the Commonwealth role in the development of the national capital as the Seat of Government."
