Brian Walters

Last updated

Brian Walters
AM SC
Brian Walters AM SC 2020.jpg
Walters c. 2020
Born (1954-06-17) 17 June 1954 (age 70)
Melbourne, Victoria, Australia
Occupations
Political party Australian Greens
Walters, addressing a full courtroom in Melbourne, 2019 Walters AM SC, addressing a full courtroom in Melbourne, Victoria 2019.jpg
Walters, addressing a full courtroom in Melbourne, 2019

Brian Walters AM SC (born 17 June 1954) is a Melbourne barrister, writer and advocate for human rights and the environment.

Contents

Career

In 1999 Walters advised journalist Alan Gray in relation to his book Forest Friendly Building Timbers after the National Association of Forest Industries threatened to sue because it criticised logging practices. [1] He subsequently joined the committee of Free Speech Victoria, becoming its Vice President and Spokesperson.

In 2006-7 Walters led the legal team that took the case of Stefan Nystrom to the United Nations Human Rights Committee. On 18 July 2011 the Committee found in favour of Nystrom, who had been deported from Australia. [2] It ruled that, even though Nystrom was a Swedish citizen, Australia was his "own country" under international human rights law. [3]

In 2009–10 Walters led the legal team that successfully sued the South Australian government for assaults and false imprisonment perpetrated by South Australian police against protesters at the Beverley Uranium Mine in 2000 (White v South Australia). [4]

He was the Australian Greens candidate for the state seat of Melbourne in the 2010 Victorian state election. [5]

In 2015–2016 Walters led the legal team that successfully argued in the Federal Court that the Tasmanian government could not open four wheel drive tracks through the Western Tasmanian Aboriginal Cultural Landscape (the Tarkine Tracks case). [6]

In 2016–2017 Walters led the legal team that successfully challenged a series of decisions by the Andrews Victorian government to hold children in an adult prison (the "Barwon case"). [7]

In 2017 Walters led the legal team appearing for former Greens parliamentarians in the case before the High Court relating to dual citizenship of parliamentarians (the s 44 case – Re Canavan & Ors). [8]

In the 2017 Australia Day Honours list Walters was made a Member of the Order of Australia (AM) "for significant service to conservation through environmental protection law, and to human rights advocacy in Victoria." [9]

In 2018-20 he led the Australian arm of the team acting for Torres Strait Islanders in their case before the United Nations Human Rights Committee concerning Australia’s violation of their human rights by inaction on climate change. [10]

Bibliography

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References

  1. "Forest Friendly Building Timbers : Alan Gray : 9780958639705". bookdepository.com. Retrieved 8 July 2019.
  2. "OHCHR | Human Rights Committee". www.ohchr.org. Retrieved 8 July 2019.
  3. Nystrom vs. Australia Archived 19 October 2015 at the Wayback Machine
  4. Australasian Legal Information Institute [ dead link ]
  5. Sarah-Jane Collins:Green barrister vies for Pike's seat, in The Age 24 August 2009. Retrieved 20 August 2010
  6. "Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated [2016] FCAFC 129". judgments.fedcourt.gov.au. Retrieved 8 July 2019.
  7. "Victorian Supreme Court finds establishment of youth justice centre at Barwon adult prison contrary to human rights and unlawful". Human Rights Law Centre. 11 May 2017. Retrieved 8 July 2019.
  8. "Re Canavan". eresources.hcourt.gov.au. Retrieved 8 July 2019.
  9. "WALTERS, Brian Emlyn". Australian Honours Search Facility, Dept of Prime Minister & Cabinet. Retrieved 28 February 2018.
  10. Billy v Australia ohchr.org [ dead link ]