Community & Associations Newsletter – May 2019
Published on May 20, 2019 by Bill Madden, Josephine Heesh and Patricia Monemvasitis
Introduction
Welcome to the May edition of the Carroll & O’Dea Community & Associations newsletter.
In this edition we:
- Examine the terms of reference of the Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
- Provide an update on the status of the Religious Freedom Review Report
- Give an update on some projects at Australian Charities and Not-for-profits Commission
- Analyse a case study from Aged Care Royal Commission; and
- Summarise the recent High Court decision on the validity of “safe access zones”.
We trust that you will find this edition interesting and informative.
The Carroll & O’Dea Community & Associations Team
Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability
Ronald Sackville AO QC has been appointed as Chair of the new Royal Commission into Violence, Abuse, Neglect and Exploitation of People with Disability (Commonwealth of Australia). He will be assisted by Barbara Bennett PSM, Rhonda Galbally AC, Andrea Mason OAM, Alistair McEwin and John Ryan AM.
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Bill Madden, Special Counsel
Law Reform Commission Review of Anti-Discrimination Law
On 10 April 2019, the Federal Government requested that the Australian Law Reform Commission (“ALRC”) undertake a “comprehensive review of the framework of religious exemptions in anti-discrimination legislation across Australia”.
ACNC Update
Australian Charities and Not-for-profits Commission keeps constantly active. Here are some notes on recent projects.
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Josephine Heesh, Partner
Aged Care Royal Commission– Case Study
As the hearings for the Royal Commission into Aged Care continue, one particularly distressing case study emerged which concerned the physical and chemical restraint of a vulnerable man suffering from Alzheimer’s Disease and Dementia.
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Grace Brophy, Solicitor
Patricia Monemvasitis, Partner
High Court Decision Regarding ‘Safe Zones’
Clubb v Edwards [2019] HCA 11
In Clubb v Edwards [2019] HCA 11 the High Court of Australia dismissed the Supreme Court appeals of Ms Kathleen Clubb and Mr John Graham Preston, who were challenging laws regarding “safe zones” in Victoria and Tasmania.