Australian Constitutional Law





In late 2016, academic and jou’nalist, Wendy Bacon, was arrested at a protest over
the Westconnex project in Sydney’s Inner West- The arrest was facilitated by an
amendment to the Law Enforcement (Powers and responsibilities) Act 2002 (NSW), s-
200 in early 2016- Discuss the possible constitutional ramifications of this provision-

In Buns v Corbett; Gaynorv Buns [2017] NSWCA3 (3 February 2017) the New South
Wales Coat of Appeal heard an appeal from the NSW Civil and Administrative
Tribunal (NCAT) relating to matters of homosexual vilification- Leeming JA (with whom
the other judges of the Coat agreed) quashed NCAT’s finding of discrimination by
deciding the case on constitutional grounds- Explain the Cout’s reasoning in this case
and critically evaluate the Cout’s findings- How would you have decided this matter
and on what grounds?


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