59 A and others v Secretary of State for the Home
Department [2004] UKHL 56.
BB157.pdf>; Josh Nicholas, ‘Most disadvantaged
areas of Sydney suffer twice as many Covid cases
as rest of city’ The Guardian (online) 4 August
2021 <https://www.theguardian.com/news/
datablog/2021/aug/04/most-disadvantagedareas-of-sydney-suffer-twice-as-many-covidcases-as-rest-of-city>; Luke HenriquesGomes, ‘Delta deaths expose Australia’s great
disadvantage divide’ The Guardian (online)
12 October 2021 <https://www.theguardian.com/
australia-news/datablog/2021/oct/12/deltadeaths-expose-australias-great-disadvantagedivide> ; Maryanne Taouk and Jake Lapham,
‘Anniversary of Delta lockdown in NSW marked
with trepidation as scars remain’ ABC News
(online) 26 June 2022 <https://www.abc.net.au/
news/2022-06-26/nsw-delta-lockdown-one-yearon/101183272>; See also Australian Institute of
Health and Welfare, The first year of COVID-19 in
Australia: direct and indirect health effects (2021)
<https://www.aihw.gov.au/getmedia/a69ee08a857f-412b-b617-a29acb66a475/aihw-phe-287.pdf.
aspx?inline=true>.
60 Human Rights Act 1998 (UK) arts 14, 5.
61
See discussion of ‘Terrorism Prevention and
Investigation Measures’, which replaced control
orders, in Clive Walker, ‘The reshaping of control
orders in the United Kingdom: Time for a fairer
go, Australia!’ (2013) 37 Melbourne University
Law Review 143.
62 Extracted summary from Conor Gearty, On
Fantasy Island (OUP, 2016) 76.
63 OHCHR, Guidelines for States on the
effective implementation of the right
to participate in public affairs (2018)
<https://www.ohchr.org/sites/default/
files/Documents/Issues/PublicAffairs/
GuidelinesRightParticipatePublicAffairs_web.
pdf>.
64 Luke Henriques-Gomes, ‘Robodebt: court
approves $1.8bn settlement for victims of
government’s “shameful” failure’, The Guardian
(Online) 11 June 2021 <https://www.theguardian.
com/australia-news/2021/jun/11/robodebtcourt-approves-18bn-settlement-for-victims-ofgovernments-shameful-failure>.
72
66 Commonwealth Ombudsman, Centrelink’s
automated debt raising and recovery system
(April 2017) 3.
Stuart Ralph and Mark Stoové, ‘Using military
language and presence might not be the
best approach to COVID and public health’
The Conversation (online) 17 August 2021
<https://theconversation.com/using-militarylanguage-and-presence-might-not-be-the-bestapproach-to-covid-and-public-health-166019>;
‘Covid in Sydney: Military deployed to help
enforce lockdown’ BBC News (Online) 30 July
2021 <https://www.bbc.com/news/worldaustralia-58021718>.
73
67 ‘Trust in public institutions: Trends and
implications for economic security’ United
Nations, Department of Economic and Social
Affairs (Web Page, July 2021) <https://www.
un.org/development/desa/dspd/2021/07/trustpublic-institutions/>.
Sara Rahman, ‘Breaches of COVID-19 public
health orders in NSW’ (NSW Bureau of Crime
Statistics and Research, Bureau Brief No 157,
October 2021) 5 <https://www.bocsar.nsw.gov.au/
Publications/BB/2021-Report-COVID-breachesBB157.pdf>.
74
Sara Rahman, ‘Breaches of COVID-19 public
health orders in NSW’ (NSW Bureau of Crime
Statistics and Research, Bureau Brief No 157,
October 2021) 7 <https://www.bocsar.nsw.gov.au/
Publications/BB/2021-Report-COVID-breachesBB157.pdf>.
75
Sara Rahman, ‘Breaches of COVID-19 public
health orders in NSW’ (NSW Bureau of Crime
Statistics and Research, Bureau Brief No 157,
October 2021) 1 <https://www.bocsar.nsw.gov.au/
Publications/BB/2021-Report-COVID-breachesBB157.pdf>.
65 Shalailah Medhora, ‘Over 2000 people died
after receiving Centrelink robo-debt notice,
figures reveal’, ABC News (Online)18 February
2019 <https://www.abc.net.au/triplej/programs/
hack/2030-people-have-died-after-receivingcentrelink-robodebt-notice/10821272>.
68 ‘Trust in government hits all time low’, Australian
National University (Web Page, December 2019)
<https://www.anu.edu.au/news/all-news/trust-ingovernment-hits-all-time-low>.
69 ‘Trust in public institutions: Trends and
implications for economic security’ United
Nations, Department of Economic and Social
Affairs (Web Page, July 2021) <https://www.
un.org/development/desa/dspd/2021/07/trustpublic-institutions/>
70 See eg, OECD, Public Integrity Handbook (May
2020) Ch 13: ‘Participation’ <https://www.
oecd-ilibrary.org/sites/7622b33f-en/index.
html?itemId=/content/component/7622b33f-en>;
Trevor Jones, Tim Newburn, and David Smith,
‘Policing and the Idea of Democracy’ (1996) 36(2)
British Journal of Criminology, 182–198.
71
96
Sara Rahman, ‘Breaches of COVID-19 public
health orders in NSW’ (NSW Bureau of Crime
Statistics and Research, Bureau Brief No 157,
October 2021) 2 <https://www.bocsar.nsw.gov.au/
Publications/BB/2021-Report-COVID-breaches-
76 Maryanne Taouk and Jake Lapham, ‘Anniversary
of Delta lockdown in NSW marked with
trepidation as scars remain’ ABC News
(online) 26 June 2022 <https://www.abc.net.
au/news/2022-06-26/nsw-delta-lockdownone-year-on/101183272> Christopher Knaus,
‘Western Sydney disproportionately fined for
Covid lockdown breaches’ The Guardian (online)
27 October 2021 <https://www.theguardian.com/
australia-news/2021/oct/27/western-sydneydisproportionately-fined-for-covid-lockdownbreaches>.