Possible ‘robodebt’ scenario left Labor to either move the children or suspend the Human Rights Act – and it chose the latter
Queensland Labor MPs found out on Monday that they were expected to vote to suspend the state’s Human Rights Act, for a second time, to allow for the indefinite detention of children in adult police watch houses.
However, in the process, the state made a written concession – revealed in the published judgment – that there wasLegal sources say a concession of that nature is largely a formality in a habeas corpus case and would not preclude the state from ultimately arguing it had acted in accordance with the law.
“It wasn’t so much concern about whether the government might lose a case, but what happens if we do lose and we kept kids in watch houses despite knowing there was a grey area. Farmer said Del Villar advised the state government it had been relying on an interpretation of the Youth Justice Act that was “likely incorrect”.
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