S3 E10: Hamzy's Self-Represented Court Win + When Is A Worker An Employee? + The New Cartel Conduct Provisions

The Wigs

In this, the last episode of season 3, the wigs kick off with a discussion about an important new prisoner rights case.

Bassam Hamzy is a convicted murderer who is classed by prison officials as a dangerous inmate. Regulations made by the state government that interfered with his right to legal representation were recently struck down by the NSW court of appeal. The case turned on statutory interpretation of the prison regulations, an analysis of the power to make certain internal prison rules, and the "principle of legality" which was used by the Court of Appeal to overturn the decision of the Supreme Court judge who had held the Regulations and rules to be valid.

Secondly, the Wigs discuss two very recent decisions of the High Court dealing with the question of when is a worker an employee as opposed to a self-employed independent contractor. The decisions overturned earlier authority and place new primacy on the express terms of work contracts, negotiated between generally unequal parties.

Lastly, listeners will hear a discussion of a failed prosecution under the new cartel conduct provisions that attempt to stop businesses colluding to distort the market.

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