Exploring the Role of the Human Rights Act in Criminal Justice
Panel discussion with ACT Human Rights Commissioner, Dr Penelope Mathew, Stephanie Brenker (Victorian Bar) and Sangeeta Sharmin (Ken Cush & Associates)
Join us for a session exploring the role of the Human Rights Act in criminal justice, with a focus on human rights principles in practice and the role of the Human Rights Commissioner as intervener in proceedings. We’ll discuss key issues like equality of arms, police and prosecution disclosure, victims’ rights and resource disparities for defendants. Through case studies, we’ll examine the intervention role of the Human Rights Commission, including how it assists the Court in identifying relevant human rights, understanding how rights might be limited and interpreting human rights including with reference to international human rights jurisprudence. We will also discuss the requirement to interpret legislation consistently with human rights. This event is a valuable opportunity for legal professionals and those interested in human rights to understand the Commission’s role in promoting fairness and equity in criminal justice.
DETAILS
- When: Friday 14 March 2025, 1:30pm - 2:30pm (registration from 1pm)
- Where: ACT Law Society Training Room
- Cost: $100 Members, $140 Non-member, $25 Student member
- CPD: Members will earn 1 CPD point in core area 4
- RSVP by Wednesday 12 March
- For further information please contact events@actlawsociety.asn.au
This event will follow the Legal Ethics Hypothetical.
MEET THE PANEL
DR PENELOPE (PENE) MATHEW
PRESIDENT AND HUMAN RIGHTS COMMISSIONER
ACT HUMAN RIGHTS COMMISSION
Dr Penelope (Pene) Mathew is the President and Human Rights Commissioner, ACT Human Rights Commission. Her career in academia has included positions at The University of Melbourne, The Australian National University, Michigan Law School, Griffith University and The University of Auckland. She served as Dean at both Griffith and Auckland universities. Previously, Pene served for two years as legal and policy advisor to the ACT Human Rights Commission, leading the work on an audit of the territory’s remand centres, among other matters. In 2008, the ACT government awarded her an International Women’s Day Award for outstanding contributions to human rights and social justice.
STEPHANIE BRENKER
BARRISTER
VICTORIAN BAR
Stephanie Brenker is a barrister at the Victorian Bar, with a broad civil practice. Before coming to the Bar, Stephanie was an Associate to Justice Gordon at the High Court of Australia and practised as a solicitor in London and Tokyo. Stephanie holds a Masters in law from the University of Oxford, and a JD and Bachelor of Arts from the University of Melbourne. Relevantly to this panel, Stephanie was counsel for the successful plaintiff in Davidson v Director-General of the Justice and Community Safety Directorate [2022] ACTSC 83, in which the Court made the first ever declaration of a breach of human rights in the ACT.
SANGEETA SHARMIN
PRINCIPAL SOLICITOR
KEN CUSH & ASSOCIATES
Sangeeta Sharmin is a Principal Solicitor at Ken Cush & Associates. After gaining admission and completing a Masters in International Law at the Australian National University, Sangeeta interned overseas for a year before focusing on civil litigation and has since predominantly performed legal services in the personal injury, dispute resolution, insurance and human rights fields. Sangeeta has acted for both plaintiffs and defendants, securing judgments for both plaintiff and defendant clients, across all Australian jurisdictions and now appears regularly for plaintiffs across the Courts in ACT, NSW, Victoria, South Australia and has also acted in High Court of Australia and Federal Court of Australia proceedings, for individual claims as well as class actions. Sangeeta has tutored at the Australian National University and has volunteered with extensive organisations including the Australian Lawyers for Human Rights which extended to providing oral submissions on its behalf before the Select Committee on the Exposure Draft of the Marriage Amendment (Same-Sex) Act. She is a current member of the ACT Law Society International Law Committee.
Sangeeta has conducted many pro-bono litigated cases in the ACT and also provides pro-bono legal advice to some of the community’s most vulnerable people (including the ACT Aboriginal community) in the context of largely human rights claims.
Sangeeta has acted in numerous litigated matters which have involved the application and interpretation of the Human Rights Act (2001) (ACT) including acting for clients being evicted from their homes; a client who sued the ACT for false imprisonment where the Magistrates Court allegedly exceeded their jurisdiction; an Indigenous Australian not being offered an Aboriginal Health Assessment whilst incarcerated and an Indigenous plaintiff successfully suing the ACT Supreme Court in negligence causing false imprisonment.
Reduced rates may be available to some of our members to ensure equal training opportunities. Please make contact to discuss your eligibility.
Event registration terms and conditions
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General
ACT Law Society invoices have payment terms of 14 days. Fees are payable upon registration. A 1.2% surcharge may be incurred on payments processed via credit/debit card. The Society reserves the right to cancel or alter events at its discretion, and in such circumstances, attendees will be notified via email.
Definitions — 'Registration' means any booking given to the Society in writing, on our website, or by phone. 'Member' means any member of the ACT Law Society, including associate members and honorary members. 'New Lawyer' means any member who has held a practising certificate for five years or less. 'CLC' means any member working for a recognised community legal centre, or holding a volunteer practising certificate. 'Student' means any member holding a student membership.
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Cancellation policy
All cancellations must be made in writing, and all cancellations will incur a fee, however, no charge will be incurred for substituting another person. Outside of the cancellation periods given below, a $10 administration fee will be incurred for any cancellation made. If a registered attendee fails to attend without notifying the Society in writing, no credit or refund will be offered and 100% of the total cost will be retained by the Society.
CPD Events — In the case of CPD events held at an venue other than the Law Society, no refund can be made after the RSVP date of the event. In the case of CPD events held at the Law Society, for cancellations made up to two working days prior to the event, 50% of the total cost will be retained by the Society as a cancellation fee and the balance may be used as a credit towards other CPD events or be refunded. If you choose to keep a credit it will remain valid for 12 months from the event date, after which time it will expire. For cancellations within two working days of the event, no refunds or credits will be applicable.
Webinars — In the case of live or on-demand webinars, as connection details are sent when registration is completed, no refund or cancellation is available.
Social events — In the case of social events, no refund can be made after the RSVP date of the event.
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Notice of Filming and Photography
Attendees of events consent to filming, photography and sound recording as members of the audience. By registering and attending this event you agree to being filmed or photographed which may be used for marketing or promotional purposes
Registration
In-person registration (members) | $100.00(GST incl.) | Register |
In-person registration (non-members) | $140.00(GST incl.) | Register |
In-person registration (student member) | $25.00(GST incl.) | Register |
Live streaming registration (member) | $100.00(GST incl.) | Register |
Live streaming registration (non-member) | $140.00(GST incl.) | Register |
Live streaming registration (student member) | $25.00(GST incl.) | Register |
Schedule
Speakers
Sponsors & Supporters
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