Justice with Jon Faine

It has long been a legal truism that the High Court does not have the power to rule on issues of Aboriginal sovereignty, or the right to self-govern. But this idea is based on a legal misunderstanding, argues Associate Professor Olivia Barr.   Further reading from this episode: You can read Olivia’s journal article here Read more about the soco-economic benefits of modern treaties in Canada here Read more about Victoria’s first statewide treaty here Read the Treaty of Waitangi here Cases mentioned in this episode: Coe v Commonwealth [1979] HCA 68; (1979) 53 ALJR 403; (1979) 24 ALR 118 (5 April 1979) Mabo v Queensland (No 2) ("Mabo case") [1992] HCA 23; (1992) 175 CLR 1 (3 June 1992) Justice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live. 

This episode contains material some people might find disturbing. Listener discretion is advised. Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.Should doctors be obliged provide all services that are ethically approved by their colleges and legal under the law, or should they have the right to refuse terminations, assisted dying or any other forms of care on the basis of personal conscience?Professor Julian Savulescu FAHMS is the Chen Su Lan Centennial Professor in Medical Ethics at the National University of Singapore, where he directs the Centre for Biomedical Ethics. He is an award-winning ethicist and moral philosopher, trained in neuroscience, medicine, and philosophy. He is Distinguished Visiting Professorial Fellow at Murdoch Children's Research Institute and Melbourne Law School. Read more about medical ethics here: Coelho, Ramona, et al. Unravelling Maid in Canada. McGill-Queen’s University Press, 15 Apr. 2025, www.mqup.ca/Books/U/Unravelling-MAiD-in-Canada2. Grant, Isabel, et al. "A Conversation on Feminism, Ableism, and Medical Assistance in Dying." Canadian Journal of Women and the Law, vol. 35 no. 1, 2024, p. 31-72. Project MUSE, https://muse.jhu.edu/article/947747. Justice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live. 

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.New apps make it all too easy for real estate agents to collectintimate information from people applying to rent homes. Ever been asked for your marriage certificate? Or to do a personality quiz?  Lina Prezhedetsky on the privacy pitfalls.To learn more about the use of digital technologies in the rental application process, take a look at the following links: https://www.ahuri.edu.au/sites/default/files/documents/2026-01/AHURI-Final-Report-454-Implications-of-tenant-data-collection-in-housing_protecting-Australian-renters_.pdfhttps://theconversation.com/what-are-rent-tech-platforms-action-on-reining-in-these-exploitative-tools-is-long-overdue-239602https://www.choice.com.au/data-protection-and-privacy/data-collection-and-use/how-your-data-is-used/articles/choice-renttech-report-releasehttps://www.theguardian.com/australia-news/2022/nov/17/imperfect-match-australian-renters-in-the-dark-over-use-of-data-by-tech-company-snugJustice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live. 

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.AI is now listening in in the doctor’s clinic, with products known as ‘AI scribes’ increasingly being used to draft patients’ medical records. This might save doctors time and reduce burnout.  But what are the legal implications of this new practice? Are regulators doing enough to make sure AI scribes are safe and fit for purpose?  In this episode we hear from Associate Professor Megan Prictor, Co-Director of the Health, Law and Emerging Technologies (HeLex) research centre at Melbourne Law School. Megan has published widely including on dynamic consent, medical consultation recording, data breach notification laws and privacy and confidentiality in healthcare.Read more on AI scribes in healthcare:  https://www.abc.net.au/news/2025-07-07/ai-scribes-gps-and-hospitals-accuracy-data-breach-risk/105490478https://theconversation.com/some-clinicians-are-using-ai-to-write-health-records-what-do-you-need-to-know-237762 https://theconversation.com/can-you-say-no-to-your-doctor-using-an-ai-scribe-264701Justice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live. 

President Trump started the war on Iran without Congressional approval and reissued tariffs after the Supreme Court’s ruling. Some of his political strategists are floating plans to control who can vote in future elections. Is any of this legal? Constitutional Law expert Associate Professor Will Partlett explains. FIND MORE OF WILL'S WORK:Read: Why the Russian Constitution Matters: The Constitutional Dark ArtsRead: The People's Guide to the Australian ConstitutionFollow the Centre for Comparative Constitutional StudiesJustice is a podcast of Melbourne Law School, University of Melbourne. We acknowledge the Wurundjeri Woi Wurrung peoples as the Traditional Owners of the unceded land on which we record, publish, work, learn and live.

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.More than a third of 2800 young Australian workers surveyed reported having been ripped off by employers, according to a new study by Professor John Howe, of Melbourne Law School. They have been underpaid, not paid, forced to pay for equipment or clothing…. What remedies are available, and what reform is needed? You can access the Fair Day's Work portal mentioned in the podcast, here.And you can read more about the project here.

Melbourne Law School and host Jon Faine bring you the last episode of season one of Justice: a weekly podcast about the law behind the news.Half of lawyers surveyed say they endure a poor workplace culture, and their discontent fuels expensive attrition rates.One in ten lawyers plan to leave the profession in the next 12months, one in three want to leave their employer in the next 12 months, and a third say they feel depressed or anxious. What is going wrong inside the profession that holds the rest of us to account? Professor Julian Webb of Melbourne Law School explains the new survey behind these findings.  READ MORE ON THE SURVEY OF LAWYERS’ WELLBEING IN THE WORKPLACE:  The pay is not worth the stress, research finds, with one in 10 lawyers planning to quit within a year.  Lawyer well-being, workplace experiences and ethics: A research report.Thank you for listening, and subscribe to the podcast to stay up-to-date with the release of our second season.

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.Around two-thirds of Australian organisations use artificialintelligence computer programs to recruit new staff. But Dr Natalie Sheard, a researcher with Melbourne Law School, found that there are serious risks that AI used to screen job applicants will discriminate against women, older applicants and minority groups, eliminating them as a prospect before a humanbeing gets a chance to even see their applications. Will it all end in a class action? READ MORE ON AI DISCRIMINATION IN RECRUITMENT: Employment discrimination by algorithm: Can anyone be held accountable?Will AI decide if you get your next job? Without legal regulation, you may never even knowTech companies claim AI can recognise human emotions. But the science doesn’t stack upNo notice and no explanation: The incontestability of hiring discrimination by algorithm

This episode contains material some people might find disturbing. Listener discretion is advised. Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.More than half of young people are using consensual strangulation during sex (“choking”), but few understand the risks. Should we re-think what it means to consent under the law? Melbourne Law School's Professor Heather Douglas explains her ground-breaking research on this rising and dangerous pastime. If this episode has raised any issues for you, you can contact the Lifeline Australia telephone support service on 13 11 14, or Project Respect on 0477 001 110 by phone call, text or WhatsApp.READ MORE ON SEXUAL STRANGULATION AND CONSENT:More than half of Australian young people are using strangulation during sex: new research.Choking during sex: many young people mistakenly believe it can be done safely, our study showsChoking/Strangulation During Sex: Understanding and negotiating ‘safety’ among 18-35 year old Australians Prevalence of Sexual Strangulation/Choking Among Australian 18-35 -year-olds

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.Australian employers have joined an international legal case that challenges the right of workers to strike. What will it mean for Australian workers if they win? We speak with Professor Sean Cooney of Melbourne Law School, who has written submissions for this globally significant case before the International Court of Justice.  READ MORE ON ICJ CASE ON THE RIGHT TO STRIKE: ICJ information on the legal case

This episode contains material some people might find disturbing. Listener discretion is advised.Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.Since the camera was invented, men have been misusing women’s images for profit. Copyright, defamation and privacy laws have all been called on to stop it, but AI and 'deep fake' porn is a new frontier. Melbourne Law School researcher Dr Jessica Lake talks about recent cases and the existing law and calls for reforms to better protect women. If this episode has raised any issues for you, you can contact the Lifeline Australia telephone support service on 13 11 14, or Project Respect on 0477 001 110 by phone call, text or WhatsApp.READ MORE ON FAKE PORN:Open AccessIn the 19th Century, a man was busted for pasting photos of women’s heads on naked bodies. Sound familiar?Privacy and power: A practical look at complex issuesDisembodied data and Corporeal Violation: Our gendered privacy law priorities and preoccupations Access restrictedThe face that launched a thousand lawsuitsA history of intellectual property in 50 objects: Kodak cameraDeepfake and non-consensual pornography: recent iterations of the gendered battle for rights in a photograph

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.There is a legal vacuum behind attempts to forge a ceasefire inthe wars in Gaza and Ukraine. Does international law have any real power in these times of global turmoil? And how can a ceasefire agreement be enforced when one party is a ‘non-state entity’? Dr Marika Sosnowski from the Peter McMullinCentre on Statelessness at Melbourne Law School explains. READ MORE ON CEASEFIRES: Why did the Israel-Hamas ceasefire fall apart? It was never going to solve the root causes of the conflictKnown Unknowns: or the things that you thought you knew about a ceasefire in Gaza that it turns out you did notUkraine Symposium – Lessons from Syria’s CeasefiresBesiege, bombard, retake: Reconciliation agreements in Syria

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.Patients often want the right to record some consultations, but doctors are not so keen and sometimes refuse to permit it. What does the law say? We talk to Dr Megan Prictor, a Melbourne Law School expert researching the law of privacy.   READ MORE ON RECORDING HEALTHCARE CONSULTATIONS:Many Australians are recording their visits to the doctor – some without permissionWant to record your doctor’s appointment? Great idea, but first check it’s legalRegulation of consultation audio recording in healthcareHow often are Australians recording their healthcare consultations in Australia, and why? An online surveySaving trouble, saving time: the role and impact of healthcare consultation recordings in Australian legal proceedings PODCASTS AND RADIO: Recording healthcare consultations, with Dr Megan PrictorIs it legal to record your doctor’s appointment?

Melbourne Law School and host Jon Faine bring you Justice: a weekly podcast about the law behind the news.President Trump is stress testing the Constitution of the USA inways that have never been seen, drawing on strategies we see in authoritarian countries. Will judges and the courts frustrate his efforts to assume more power than any previous President? We ask constitutional law scholar Associate Professor William Partlett, of Melbourne Law School, to explain. READ MORE ON THE CONSTITUTIONAL DARK ARTS: Why The Russian Constitution Matters: The Constitutional Dark ArtsTrump is ruling like a ‘king’, followingthe Putin model. How can he be stopped?Donald Trump insists a ‘strongman’leader will help America. My new book explains why he’s wrongJustice is a podcast of Melbourne Law School, University of Melbourne.

This episode contains material some people might find distressing. Listener discretion is advised.Melbourne Law School and host Jon Faine bring you Justice, a weekly podcast about the law behind the news.A 14-year-old boy in the US recently took his own life after an AI chatbot ‘companion’ he created repeatedly entreated him to ‘please come home to me’. What, if anything, can the law do about the dark side of these new computer-based ‘friends’? Australia's leading AI law expert, Professor Jeannie Paterson of the Centre for Artificial Intelligence and Digital Ethics, explains. If this episode has raised any issues for you, you can contact the Lifeline Australia telephone support service on 13 11 14.Further reading on AI Companions: What I learnt during two weeks withVida, my AI companionNot all mental health apps are helpfulMisleading AIJustice is a podcast of Melbourne Law School, University of Melbourne.