Academic literature on the topic 'Adoption Law and legislation Victoria'
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Journal articles on the topic "Adoption Law and legislation Victoria"
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Katusiime, Juliet, and Brigitta Schütt. "Towards Legislation Responsive to Integrated Watershed Management Approaches and Land Tenure." Sustainability 15, no. 3 (January 25, 2023): 2221. http://dx.doi.org/10.3390/su15032221.
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Land tenure affects integrated watershed management approaches in various ways, such as influencing land use and investment in sustainability practices and decisions. However, some land tenure and integrated watershed management relations need more examination, including how the prevailing relevant legislation responds and the needed course of action. In this paper, we provide relevant evidence to support a shift to responsive actions and legislation through (a) examining land tenure scenarios affecting integrated watershed management, including the public–private land tenure co-existence from a watershed perspective; (b) the responsiveness of the prevailing relevant legislation to integrated watershed management and the land tenure scenarios and (c) identifying legislative remedies recommendable for responsiveness. We use qualitative methods to review secondary data sources, including four legislations, and complement them with field survey data. Field experiences are from three sub-catchments in the Lake Victoria basin, each representing a different land tenure system, as case studies. Land tenure links with integrated watershed management in various ways, such as influencing land use decisions. However, underscoring the relationship from the private and public land tenure perspective also indicates a complex and tense spatial relationship. As such, it likely limits adopting sustainable land use and management practices in watersheds as a case. Regardless, the perceptions from the study area indicate the land tenure systems and forms enabling sustainable choices and decisions, despite limitations such as tenure insecurity. The disconnect between integrated watershed management aspirations of ensuring sustainability, the land tenure abilities and the subsequent human practices is mainly institutional, with the relevant legislation indicating a low to moderate level of responsiveness to integrated watershed management approaches and land tenure, thus, abating effectiveness. Therefore, we suggest a shift towards responsive programming and legislation and the adoption of model legislation to support responsiveness replication. We also recommend further studies to assess the legal gaps and feasibility thereof.
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Moore, Cameron Alastair, and Caroline Gross. "Great Big Hairy Bees! Regulating the European Bumblebee, Bombus Terrestris L. What does it say about the Precautionary Principle?" International Journal of Rural Law and Policy, no. 1 (June 2, 2012): 1–19. http://dx.doi.org/10.5130/ijrlp.i1.2012.2627.
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The previous Commonwealth Minister for the Environment, Mr Garrett, recently rejected a request to allow the importation of live bumblebees (Bombus terrestris L.) to mainland Australia. New South Wales and Victoria had already listed the introduction of bumblebees as, respectively, a key threatening process and a potentially threatening process. The Commonwealth, however, had previously declined an application to list the introduction of bumblebees as a key threatening process, although its Threatened Species Scientific Committee urged ‘that extreme caution be shown in considering any proposal to introduce this species to the mainland.’ The potential threat from bumblebees would appear to beg the questions posed by the precautionary principle. Would the presence of bumblebees to mainland Australia pose a threat of serious or irreversible environmental damage? Should a lack of full scientific certainty be used as a reason for postponing measures to prevent environmental degradation? This paper considers the role of the precautionary principle in regulatory approaches to the bumblebee. It seeks to establish the application of the precautionary principle to this particular potential environmental threat, including its relationship to the principle of conservation of biological diversity. It concludes that, despite widespread adoption of the precautionary principle in policy, legislation and case law in Australia, its impact on regulating bumblebees has not been consistent.
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Kull, Irene. "Dear reader,." Juridica International 31 (October 25, 2022): 1. http://dx.doi.org/10.12697/ji.2022.31.00.
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Dear reader, In 2022, we are celebrating several important anniversaries related to the adoption of laws important for the building of the Estonian legal order. Against the backdrop of a major forum for the Estonian legal profession – Estonian Lawyers’ Days 100 – this year’s edition is dedicated to another important anniversary: the 70th birthday of the University of Tartu’s Professor Emeritus Paul Varul. It is difficult to overestimate Prof. Varul’s contribution to the rebuilding of the Estonian legal system after regaining of independence. In this connection, I would like to draw special attention to his belief in young lawyers. Thanks to his support, many of the students from those days now hold positions that play an essential role in the legal profession. It is precisely this belief in young people alongside respect for more seasoned peers that Prof. Varul’s colleagues and students alike have inherited from him. In addition, there are many important qualities to be learnt from his example, such as the importance of infinite kindness and patience, the fundaments of academic ability, and the value of charm and personality. While he was the main architect of Estonia’s civil-law system in general, Prof. Varul’s favourite area of attention over the years has always been bankruptcy law, which he has been intimately involved in reforming. His willingness to speak up and actively contribute to the legislative process is testimony to the jubilarian’s thoughtfulness and continuing high level of professionalism. In this edition of the journal, readers will find an article by Chirstoph G. Paulus, a long-time colleague of Prof. Varul, which is dedicated to bankruptcy law. It provides a historical overview of the relationship between debtors and creditors and analyzes the contracting process as eternal struggle for supremacy. Silvia Kaugia and Raul Narits devote their article to finding an answer to the question of how to create a law that corresponds to the idea of law. In this issue, the reader can also find a paper written by Katre Luhamaa and Merike Ristikivi about the role of the judiciary in the transitional debates, judicial reform, and changes in the professional requirements set for judges in Estonia. Modern problems of the independence of the judiciary are reflected upon specifically in an article contributed by Jesús Manuel Villegas Fernández and Victoria Rodríguez-Blanco, and Anneli Albi’s article examines another angle of the ongoing evolution: the changing role of courts in Europe – which is shifting from protecting the fundamental rights of individuals toward protection of the neoliberal economic order. Alongside these pieces are three articles dedicated to matters of criminal law. Mari‑Liis Tohvelmann and Kristjan Kask have focused their contribution on interviews with children as evidence in criminal proceedings; Carri Ginter and Anneli Soo offer the reader a meaningful analysis of the arguments for and against the criminalisation of hate speech; and, finally, Mario Truu discusses the principle of foreseeability of liability and punishment in the practice of the ECHR. The volume meshes well with Prof. Varul’s ethos in one other respect too: doctoral students have had a say in the publication, representing younger voices. One can find a discussion centred on the need to use artificial intelligence in the context of deciding on the patentability of an invention, provided by Liva Rudzite, and the concept of the duty of diligence in procurement law from the standpoint of CJEU practice is tackled by Kadri Härginen. Finally, the fine tradition of publishing opinions by official opponents in public defence of doctoral dissertations has been maintained, with the opinion written by Marta Otto on the dissertation of Seili Suder. Congratulations to Professor Emeritus Paul Varul and to all who have had the opportunity to know him. We are all richer for your work.
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Michael, Bryane, and Abdelaziz Nouaydi. "When EU Law Meets Arabic Law: Assessment of Anti-Corruption Law in Morocco and Some Proposed Amendments." Arab Law Quarterly 23, no. 4 (2009): 353–88. http://dx.doi.org/10.1163/157302509x467362.
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AbstractThis article reviews the present state of the adoption of anti-corruption legal provisions usually adopted in EU (or candidate) countries in Morocco. Morocco lags behind many countries in its adoption of anti-corruption legislation, and the recently established Central Agency of the Prevention of Corruption is unlikely to succeed in speeding up the adoption of these measures. English language translations of a number of Moroccan anticorruption legal instruments are presented and amendments to these legal instruments are recommended (based on international best practice) in order to increase the likely effectiveness of Moroccan law enforcement institutions in fighting corruption.
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Brereton, David. "‘Real Rape’, Law Reform and The Role of Research: The Evolution of the Victorian Crimes (Rape) Act 1991." Australian & New Zealand Journal of Criminology 27, no. 1 (June 1994): 74–94. http://dx.doi.org/10.1177/000486589402700110.
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This paper provides a brief history of the Victorian Crimes (Rape) Act 1991 and examines the role which social science research played in the development of this legislation. The Crimes (Rape) Act was modelled closely on a report of the Law Reform Commission of Victoria. In preparing this report, the Commission undertook a comprehensive quantitative study of rape prosecutions in Victoria, as well as drawing on empirical studies from other jurisdictions. The paper concludes that the impact of the research on the development of the legislation was limited by a number of factors: the decision-making process was relatively unstructured, involved a large number of players, was highly politicised, and had a high symbolic content. However, the collection and dissemination of reliable data did take some of the heat and hyperbole out of the debate, and thereby facilitated a more constructive dialogue. This factor alone made the research worthwhile, given that the rape law reform had in the past been a highly divisive issue in Victoria.
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Chauhan, Devshree. "ANALYSIS OF SOCIAL WELFARE LEGISLATION ON ENVIRONMENTAL LAW." Dogo Rangsang Research Journal 12, no. 09 (2022): 106–10. http://dx.doi.org/10.36893/drsr.2022.v12i10n02.106-110.
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With a population of more than 1.3 billion, India is a lower middle-income nation. Although the country has made significant progress in improving overall economic outcomes, productivity levels are still comparatively low. India's industrial sector has a lower labour productivity than China, Russia, South Africa, Malaysia, and Brazil. India was placed 68th out of 140 nations in the 2019 World Economic Forum (WEF) Global Competitiveness Report. This is largely a result of the nation failing to keep up with other nations that are ranked similarly. In categories like ICT adoption, skill base, product market efficiency, and trade openness, India has substantial deficiencies in several of the fundamental enablers of competitiveness. Some new issues, such as uneven governance consequences, significant variations in economic growth, and social welfare inequalities, are emerging with the adoption of regulatory regulations. Theoretical justifications for the aforementioned occurrences are required in order to encourage the sustainable growth of the economy and the environment. Consequently, this Article develops a theoretical model of the impacts of social well being.
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Flower, Joanna. "Negotiating European Legislation: The Services Directive." Cambridge Yearbook of European Legal Studies 9 (2007): 217–38. http://dx.doi.org/10.1017/s1528887000002809.
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The directive on Services in the Internal Market is one of the most controversial and disputed pieces of European legislation in recent years. Known in its infancy as the ‘Bolkestein’ Directive after Frits Bolkestein, the Internal Market Commissioner who first put forward the proposal on behalf of the Commission, and later in the run up to its adoption as the ‘Frankenstein’ Directive, it sparked mass protests across Europe and was even suggested by some as being the real reason why France voted against the draft Constitutional Treaty in 2005.
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Rwezaura, Barthazar A., and Ulrike Wanitzek. "The Law and Practice Relating to the Adoption of Children in Tanzania." Journal of African Law 32, no. 2 (1988): 124–63. http://dx.doi.org/10.1017/s002185530001069x.
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The law relating to the adoption of children in Tanzania has, since its inception, remained obscure. It has neither received judicial interpretation comparable to other branches of family law nor has it been a subject of academic discourse. This is so despite the fact that the first adoption legislation was introduced in colonial Tanganyika as early as 1942, was repealed and re-enacted in 1953 and has remained in force ever since.Some statistical information regarding how this legislation has been utilised by the population would assist in further elaboration of the above contention. During the first 18 years of the operation of the Ordinance, i.e. from 1944 to the end of the British colonial era in 1961, the High Court of Tanganyika, which under the Ordinance had exclusive jurisdiction to hear adoption applications, made a total of 130 adoption orders. This works out to an average of seven adoption orders per year. With regard to the cultural background of the applicants, so far as this could be ascertained, Europeans formed the majority accounting for about two thirds while members of the Asiatic communities accounted for about one third of the total number of adoption orders granted by the High Court. The number of African applicants was comparatively insignificant.After independence, the picture changed considerably, both in terms of volume of adoption applications and the cultural background of the leading applicants.
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McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.
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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
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Renwick, Samantha. ""Responsibility" to Provide: Family Provision Claims in Victoria." Deakin Law Review 18, no. 1 (August 1, 2013): 159. http://dx.doi.org/10.21153/dlr2013vol18no1art61.
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Family provision legislation was introduced in Victoria in 1906 to allow the court to order provision from the estate of a deceased person whose will did not make adequate provision for the proper maintenance and support of a person for whom the deceased had a moral duty to provide. The first version of the legislation allowed only widows and children to claim; it underwent little reform until 1997 when a major amendment to the Administration and Probate Act 1958 (Vic) removed the statutory list of eligible applicants, and replaced it with the jurisdictional question, ‘Did the deceased have a responsibility to provide?’ This in theory means that ‘anyone’ can make a claim, including those without a close family relationship with the deceased. This article examines a selection of judgments handed down under the new provisions, with the aim of showing the range of applicants who are now eligible to apply and examining the particular features of their relationship with the deceased that determined the success of their claims. This is in light of the current Victorian Law Reform Commission Inquiry into Succession Law that questions whether eligibility should be limited to certain types of relationship, and whether costs should continue to be paid out of the estate.
Dissertations / Theses on the topic "Adoption Law and legislation Victoria"
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Heenan, Melanie 1968. "Trial and error : rape, law reform and feminism." Monash University, School of Political and Social Inquiry, 2001. http://arrow.monash.edu.au/hdl/1959.1/9136.
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Bernelf, Fredrik. "Same-sex parental leave : Legislation and equality." Thesis, Umeå universitet, Juridiska institutionen, 2017. http://urn.kb.se/resolve?urn=urn:nbn:se:umu:diva-150591.
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Sweden is known to have one of the world's most generous parental insurances, both inlength and flexibility which has led to a high maternity rate and more women in paidwork. The political work on equality in Sweden has the goal that women and men shallhave the same power to shape society and their own lives. This has led to legislationaimed at getting fathers to stay more at home with their children. There has been plenty ofresearch on this subject so this study goes off the main track and looks at how legislationaround parenthood works for same-sex couples and if paternal leave is shared moreequally between same-sex parents than heterosexual parents. Discourse analysis of thelegislation and a survey with same-sex families followed by interviews indicate that samesexcouples share parental leave more equally than heterosexual couples. Legislationworks well for most same-sex families except for the process of related adoption. Reasonsfor more equal sharing of parental leave is hard to find but could depend on the fact thatsame-sex couples have been couples for a longer time, than heterosexual couples, beforedeciding to have children. Wage gap between men and women is a reason whyheterosexual couples do not share equally and it could be vice versa for same-sex couples.
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Hlophe, Stanley Siphiwe. "The adoption of an inquisitorial model of criminal procedure in court proceedings relating to children." Thesis, Nelson Mandela Metropolitan University, 2011. http://hdl.handle.net/10948/1570.
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In this project the adoption of an inquisitorial model of criminal procedure in court proceedings relating to children is discussed. The traditional characteristics of adversarial and inquisitorial models of criminal procedure, the two models in a South African perspective and problems with the adversarial model are highlighted. That it terrifies and silence young victim and witnesses from giving evidence. The inquisitorial elements present in South African criminal procedure such as in bail proceedings, plea proceedings, powers of the presiding officer to call, recall and examine witnesses, powers of the presiding officer to exclude inadmissible evidence, evidence on sentence, and investigation on unreasonable delay on trials are discussed. The international instruments pertaining to children in conflict with the law and child witnesses are examined, together with their impact in our laws relating to children. The constitutional implications to the rights of children are discussed. The historical background that culminated to the Child Justice Act is highlighted. The Child Justice Act with particular reference to the inquisitorial aspects present in this Act is discussed. The measures that aim to protect child witness present in the Criminal Procedure Act, Criminal law Sexual offences and Related Matters Amendment Act and Children’s Act are highlighted. The conclusion, on the analysis of protective measures protecting children, is that in South African law there is a renewed interest in inquisitorial procedures as an effective means of ensuring justice. The conclusion suggests that adversarial model of criminal procedure is not the best method for our legal system to deal with children.
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Vinci, Karen K. "All state adoption laws should be mandated at the federal level." Honors in the Major Thesis, University of Central Florida, 2003. http://digital.library.ucf.edu/cdm/ref/collection/ETH/id/333.
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This item is only available in print in the UCF Libraries. If this is your Honors Thesis, you can help us make it available online for use by researchers around the world by following the instructions on the distribution consent form at http://library.ucf.edu/Systems/DigitalInitiatives/DigitalCollections/InternetDistributionConsentAgreementForm.pdf You may also contact the project coordinator, Kerri Bottorff, at kerri.bottorff@ucf.edu for more information.Bachelors
Health and Public Affairs
Legal Studies
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Bruwer, Esna. "Multikulturele aanneming : 'n maatskaplike werk perspektief." Thesis, Stellenbosch : Stellenbosch University, 2003. http://hdl.handle.net/10019.1/53507.
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Thesis (MA)--Stellenbosch University, 2003.Some digitised pages may appear illegible due to the condition of the original hard copy.
ENGLISH ABSTRACT: Multicultural adoption became a reality in South Africa in 1994, after the abolition of the apartheid legislation. This is therefore a relatively new and unfamiliar terrain for those social workers that specialise in adoption. A gap was identified with regard to a sufficient theoretical foundation and the absence of guidelines regarding this phenomenon in South Africa. This study was undertaken in an attempt to address this shortcoming and in order to gain more direction and clarity regarding multicultural adoption. Through a literature study an attempt was made to determine how legislation on adoption in South Africa is interpreted as well as to establish the role played by the social worker during adoption. A historical overview of adoption in South Africa is discussed as well as the current legislation that relates to multicultural adoption. With reference to the purpose of the research, the literature study also focused on a practice perspective, multicultural intervention and theories that are applicable. Furthermore the profile of parents that adopt children of another culture and the motives surrounding this, were examined during the literature study. An exploratory study was undertaken to establish the needs of parents who adopt children of another culture as well as to determine the cultural skills that social workers require in order to successfully facilitate multicultural adoptions. The ultimate purpose of the study was to formulate guidelines for social workers for multicultural adoptions. The empirical study was aimed at parents that have already adopted children of another culture and was limited to the Western Cape. The results of the empirical study confirmed the researcher's supposition that social workers should master multicultural skills in order to successfully facilitate multicultural adoptions and that a cultural awareness is imperative. Based on the study and the results, recommendations for a policy framework with regard to multicultural adoptions was formulated and guidelines and proposals for the implementation of multicultural intervention and adoption were laid down. The recommendations of this study can be used by all social workers and parents that are involved in multicultural adoptions and also by other welfare organisations and social workers.
AFRIKAANSE OPSOMMING: Multikulturele aanneming het in 1994, na die afskaffing van apartheidswetgewing, 'n werklikheid in Suid-Afrika geword. Hierdie is dus 'n redelik nuwe en onbekende terrein vir maatskaplike werkers wat in aanneming spesialiseer. 'n Leemte ten opsigte van voldoende teoretiese fundering en afwesigheid van riglyne rakende hierdie verskynsel in Suid-Afrika, is geïdentifiseer. In 'n poging om hierdie leemte aan te spreek en meer rigting en duidelikheid oor multikulturele aanneming te verkry, is hierdie ondersoek onderneem. Met die literatuurstudie is gepoog om die interpretering van wetgewing oor aanneming in Suid-Afrika te bepaal en ook die rol wat die maatskaplike werker tydens aanneming speel, vas te stel. 'n Historiese oorsig van aanneming in Suid-Afrika is bespreek en ook die huidige wetgewing wat met multikulturele aanneming verband hou. In aansluiting by die doel van die navorsing is daar ook tydens die literatuurondersoek gefokus op 'n praktykperspektief, multikulturele intervensie en teorieë wat van toepassing is. Voorts is die profiel van ouers wat kinders vanuit 'n ander kultuur aanneem en ook die motiewe daarrondom, tydens die literatuurstudie ondersoek. 'n Verkennende studie is onderneem om die behoeftes van ouers wat kinders vanuit 'n ander kultuur aanneem vas te stel, asook om te bepaal watter vaardighede vir multikulturele-intervensie maatskaplike werkers nodig het om multikulturele aannemings suksesvol te fasiliteer. Die uiteindelike doel van die ondersoek was om riglyne vir maatskaplike werkers tydens multikulturele aannemings te formuleer. Die empiriese ondersoek was op ouers wat reeds kinders vanuit 'n ander kultuur aangeneem het gerig en beperk tot die Wes-Kaap. Die resultate van die empiriese ondersoek bevestig die navorser se aanname dat maatskaplike werkers vaardighede vir multikulturele-intervensie moet bemeester vir die fasilitering van suksesvolle multikulturele aannemings en dat 'n kulturele bewustheid onontbeerlik is. Op grond van die ondersoek en resultate, is aanbevelings vir 'n beleidsraamwerk ten opsigte van multikulturele aanneming geformuleer en riglyne en voorstelle vir sodanige uitvoering van multikulturele intervensie en aanneming neergelê. Die aanbevelings van hierdie ondersoek kan deur maatskaplike werkers en ouers wat betrokke is by multikulturele aannemings en deur ander welsynsorganisasies en maatskaplike werkers gebruik word.
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Johnstone, Richard. "The court and the factory the legal construction of occupational health and safety offences in Victoria." Thesis, University of Melbourne, 1994. https://minerva-access.unimelb.edu.au/handle/11343/35672.
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This thesis reports on an empirically based study of the manner in which Victorian Magistrates Courts constructed occupational health and safety (OHS) issues when hearing prosecutions for offences under the Industrial Safety, Health and Welfare Act 1981 (the ISHWA) and the Occupational Health and Safety Act 1985 (OHSA) from 1983 to 1991. These statutes established OHS standards for employers and other relevant parties. The State government enforced these standards through an OHS inspectorate which had a range of enforcement powers, including prosecution.
After outlining the historical development of Victoria’s OHS legislation, the magistracy’s historical role in its enforcement, and the development of an enforcement culture in which inspectors viewed prosecution as a last resort, the study shows how the key provisions of the ISHWA and OHSA required occupiers of workplaces and employers to provide and maintain safe systems of work, including the guarding of dangerous machinery. Using a wide range of empirical research methods and legal materials, it shows how the enforcement policies, procedures and practices of the inspectorate heavily slanted inspectors workplace investigations and hence prosecutions towards a restricted and often superficial, analysis of incidents (or “events”) most of which involved injuries on machinery. There was evidence, however, that after the establishment of the Central Investigation Unit in 1989 cases were more thoroughly investigated and prosecuted. From 1990 the majority of prosecutions were taken under the employer’s general duty provisions, and by 1991 there was evidence that prosecutions were focusing on matters other than machinery guarding.
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李川川. "收養制度的現代立法理念及我國及收養成立的實質要件 = The concept of the modern legislation concerning the adoption system and the substance elements in China's adoption rules." Thesis, University of Macau, 2009. http://umaclib3.umac.mo/record=b2120091.
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Skolmen, Dayne Edward. "Protection of personal information in the South African cloud computing environment: a framework for cloud computing adoption." Thesis, Nelson Mandela Metropolitan University, 2016. http://hdl.handle.net/10948/12747.
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Cloud Computing has advanced to the point where it may be considered an attractive proposition for an increasing number of South African organisations, yet the adoption of Cloud Computing in South Africa remains relatively low. Many organisations have been hesitant to adopt Cloud solutions owing to a variety of inhibiting factors and concerns that have created mistrust in Cloud Computing. One of the top concerns identified is security within the Cloud Computing environment. The approaching commencement of new data protection legislation in South Africa, known as the Protection of Personal Information Act (POPI), may provide an ideal opportunity to address the information security-related inhibiting factors and foster a trust relationship between potential Cloud users and Cloud providers. POPI applies to anyone who processes personal information and regulates how they must handle, store and secure that information. POPI is considered to be beneficial to Cloud providers as it gives them the opportunity to build trust with potential Cloud users through achieving compliance and providing assurance. The aim of this dissertation is, therefore, to develop a framework for Cloud Computing adoption that will assist in mitigating the information security-related factors inhibiting Cloud adoption by fostering a trust relationship through compliance with the POPI Act. It is believed that such a framework would be useful to South African Cloud providers and could ultimately assist in the promotion of Cloud adoption in South Africa.
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Schäfer, Lawrence Ivan 1972. "The legal position of unmarried fathers in the adoption process after Fraser v Children's Court, Pretoria North, and others 1997 (2) SA 261 (CC) : towards a constitutionally-sound adoption statute." Thesis, Rhodes University, 1999. http://hdl.handle.net/10962/d1003209.
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The subject-matter of this thesis is the rule, previously contained in section 18(4)(d) of the Child Care Act 74 of 1983, in terms of which a mother could surrender her child born out of wedlock for adoption without the consent of its father. This section was struck down as unconstitutional by the Constitutional Court in Fraser v Children's Court, Pretoria North and others 1997 (2) SA 261 (CC), on the grounds that it violated an unmarried father’s constitutional rights to equality and non-discrimination. In the light of this judgment, this thesis seeks to articulate the constitutional parameters within which section 18(4)(d) must be amended. The requirements of Fraser are identified and discussed. Regard is also had to other constitutional rights upon which Fraser might have been decided; in particular, an unmarried father’s right to procedural fairness, and his child’s right to family or parental care. Case law from the United States, Canada, Ireland and the European Court of Human Rights is also discussed. The end product of this examination is an exposition of the various constitutional rights which vest in the father of a child born out of wedlock. A separate exposition is given of the distinct rights which vest in all children in the adoption process. The latter set of rights is drawn both from the Constitution of the Republic of South Africa Act 96 of 1996, and the United Nations Convention on the Rights of the Child. The thesis then proceeds to examine the Adoption Matters Amendment Act 56 of 1998, which was enacted in response to Fraser. The consent and notice provisions of adoption statutes in the United States, Canada, Australia, Ireland and England are also examined, and compared to the provisions of the Adoption Matters Amendment Act. The object, here, is two-fold: first, to consider the practical value of this Act; and second, to consider whether it satisfies the constitutional requirements identified earlier in this thesis. The thesis concludes with suggestions for the improvement of this Act.
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Barbosa, Ivânia Luiz Silva de Holanda. "A adoção por pares homossexuais : da possibilidade jurídica mediante tutela constitucional aos limites da realidade social." Universidade Federal de Alagoas, 2010. http://www.repositorio.ufal.br/handle/riufal/1285.
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This dissertation aims to analyze the legal possibility of adoption by homosexual couples based on constitutional principles. The social transformations resulted in a diversity of family entities that are constitutionally protected and also differ from the old patriarchal and patrimonial model. The pluralistic and socio-emotional current model shall perform the function of development of its members and affection becomes indispensable to characterize them. With the extent of family concept, the relationships formed by same-sex people receive legal protection through constitutional interpretation, considering the human dignity as a fundamental principle to be observed by all and also the guide to family relationships. The constitutional principles of the families rights, serve as the basis for granting the adoption by homosexual couples. It is important to emphasize the changes undergone within the adoption process which have led the socio-affectiveness as a predominant factor to be considered, therefore allowing children and adolescents who live together with homosexual family and have no legal relationship with the partner who also carries on parenting indeed.A presente dissertação objetiva analisar a possibilidade jurídica de adoção por pares homossexuais fundamentada nos princípios constitucionais. As transformações sociais resultaram em uma diversidade de entidades familiares que são protegidas constitucionalmente e diferem do antigo modelo patriarcal e patrimonialista. O modelo atual, plural e socioafetivo, passa a exercer a função de desenvolvimento dos seus membros, e o afeto torna-se elemento indispensável para caracterizá-las. Com o alargamento do conceito de família, os relacionamentos formados por pessoas do mesmo sexo recebem proteção legal mediante interpretação constitucional, considerando-se a dignidade humana princípio fundamental a ser observado por todos e norteador das relações familiares. Os princípios constitucionais do direito das famílias servem de fundamento para a concessão da adoção por casal homossexual. É importante destacar as mudanças sofridas pelo instituto da adoção até chegar à socioafetividade como fator predominante a ser avaliado, e daí, à permissão da adoção de crianças e adolescentes que convivem com família homossexual e não possuem vínculo jurídico com o companheiro que também exerce a paternidade/maternidade de fato.
Books on the topic "Adoption Law and legislation Victoria"
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Adoption law manual. London: Callow, 2006.
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Arvill, Ebba Sverne. Adoption. Stockholm: Norstedts Juridik, 2002.
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Röchling, Walter. Adoption. 3rd ed. München: Deutscher Taschenbuch Verlag, 2006.
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Victoria. Essential commercial legislation, Victoria. Sydney: Law Book Co., 1995.
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O'Halloran, Kerry. Adoption law and practice. 2nd ed. Dublin: Round Hall, 2010.
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Manooja, Dalip Chand. Adoption law and practice. New Delhi: Deep & Deep Publications, 1993.
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Adoption law and practice. Dublin: Butterworth Ireland, 1992.
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Jasper, Margaret C. The law of adoption. New York: Oceana, 2008.
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Margules, Suzanne. 1994 adoption legislation in Michigan. Lansing, Mich: Senate Fiscal Agency, 1994.
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O'Halloran, Kerry. Adoption law in Northern Ireland. Belfast: SLS Legal Publications, School of Law, Queen's University, 1994.
Find full textBook chapters on the topic "Adoption Law and legislation Victoria"
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Martin-Russu, Luana. "Romania’s Justice and Anti-Corruption Reform: A Stubborn Divergence from European Norms in Pursuit of Personal Gains." In Deforming the Reform, 123–50. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-11081-8_4.
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AbstractIn this chapter, Martin-Russu shifts towards an in-depth observation of the elite’s legislative conduct in the area of anti-corruption. The analysis focuses on the concrete developments of Romania’s public integrity law (i.e. the initially adopted act, its different provisions and its development over more than a decade), which clearly show a pattern of diluting existing legislation, with repeated subtle attempts to reverse positive reform steps already undertaken.The chapter illustrates how the use of inadequate and hasty procedures and the adoption of amendments inconsistent and ill-fitted to the scope of the law can hardly be justified as being in the interests of society as a whole, being driven solely by the narrow self-serving purposes of the elite. This self-serving conduct of the political elite has dire consequences for the quality of legislation, for the quality of institutional interactions, and more importantly, for the level of public trust and the political engagement of the nonelite.
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Hahs, Jenny. "From Geneva to the World? Global Network Diffusion of Antidiscrimination Legislation in Employment and Occupation: The ILO’s C111." In Networks and Geographies of Global Social Policy Diffusion, 195–225. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-83403-6_8.
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AbstractThe adoption of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) marked ILO’s first endorsement to universal non-discrimination and an early equal opportunity approach at work. Albeit considered to be premised upon “a traditional, formal-equality and formal-workplace vision of antidiscrimination law,” the convention marked a genuine new strand in international standard-setting in the Post-World War II and Philadelphia Declaration time. However, due to the implicit formal vision, it is assumed that ratification was more attractive and more feasible for countries of the Global North first. Following, this behavior diffused through colonial ties time-varying toward the Global South. Whether this assumption holds will also be studied regarding the moderating effects of networks of culture, trade, and regional proximity.
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Dreijer, Gijs. "General Average, Compulsory Contributions and Castilian Normative Practice in the Southern Low Countries (Sixteenth Century)." In General Average and Risk Management in Medieval and Early Modern Maritime Business, 193–214. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-04118-1_8.
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AbstractThis essay investigates the influence of the Castilian normative practice (in both legislation and legal practice) on the development of GA and other Averages in the Southern Low Countries in the sixteenth century. It argues that three important developments for risk and cost management were drawn from Castilian normative practice: first, the insurability of GA claims, as evidenced by the ledgers of the Antwerp-based Castilian insurer Juan Henriquez; second, the broadening of GA to include, for example, uninsurable costs, following lobbying by Castilian merchants; and third, the adoption by the Castilian and Biscayer nationes in Bruges of compulsory contributions to cover protection costs. Castilian normative practice therefore had a long-lasting and significant impact on the development of GA and other Averages, both in formal law and in mercantile practice.
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Miles, Joanna, Rob George, and Sonia Harris-Short. "13. Adoption." In Family Law, 916–88. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198811848.003.0013.
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All books in this flagship series contain carefully selected substantial extracts from key cases, legislation, and academic debate, providing able students with a stand-alone resource. This chapter examines the place of adoption within the government’s child protection policy, the legal framework for adoption under the Adoption and Children Act 2002 (ACA 2002), the core principles underpinning the ACA 2002, the adoption process, and the ongoing reform agenda. It considers the application of the welfare principle to three contentious issues: (i) the importance of the birth family in an adoption dispute; (ii) trans-racial adoption; and (iii) step-parent adoptions and adoptions by a sole natural parent. The chapter also examines the issue of ‘open adoption’, focusing on adopted children’s right to information about their birth families and provision for post-adoption contact, and, finally, considers the main alternative to adoption: special guardianship.
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Banner, Stuart. "The Adoption of Written Constitutions." In The Decline of Natural Law, 71–95. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780197556498.003.0004.
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This chapter traces the effect of 19th-century constitutional thought on the decline of natural law. Written constitutions were an American innovation with no direct parallel in the English legal tradition. Natural law had long been understood as a constraint on legislation, but constitutions served the same function, which raised the question whether American judges had the authority to invalidate legislation that conflicted with natural principles rather than written constitutional text. In the course of this debate, American lawyers voiced their first sustained critiques of the use of natural law within the legal system. The adoption of written constitutions in the late 18th century thus lay the groundwork for the eventual disappearance of natural law from the legal system.
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Lowe, N. V., and G. Douglas. "19. Adoption and Special Guardianship." In Bromley's Family Law, 682–740. Oxford University Press, 2015. http://dx.doi.org/10.1093/he/9780199580408.003.0019.
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This chapter discusses the law on adoption. It covers the nature of adoption and background to the legislation; comparison of adoption with other legal relationships and orders; adoption and human rights; the changing pattern of adoption; responsibility for placing children for adoption; general principles when reaching decisions about adoption; adoption service under the Adoption and Children Act 2002; placement for adoption; the procedure for the making of adoption orders; contact considerations; registration of adoption and the adoption contact register; the effects of an adoption order; transfer of parentage; offences; and special guardianship.
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Schütze, Robert. "2. Union Legislation." In An Introduction to European Law, 37–60. Oxford University Press, 2020. http://dx.doi.org/10.1093/he/9780198858942.003.0002.
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This chapter examines how the European Union institutions cooperate in the creation of European legislation. Unlike many national legal orders, the EU Treaties expressly distinguish two types of legislative procedures: an ordinary legislative procedure and special legislative procedures. According to the ordinary legislative procedure, the European Parliament and the Council act as co-legislators with symmetric procedural rights. European legislation is here seen as the product of a ‘joint adoption’ by both institutions. Meanwhile, the defining characteristic of the special legislative procedures is that they abandon the institutional equality between the Parliament and the Council. The chapter then looks at the principle of subsidiarity—an EU constitutional principle that was designed to prevent the EU legislator from exercising its competences where the Member States would be able to achieve the desirable social aim themselves. It also considers the procedure for the conclusion of international agreements.
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Lowe, N. V., G. Douglas, E. Hitchings, and R. Taylor. "19. Adoption and Special Guardianship." In Bromley's Family Law, 717–69. Oxford University Press, 2021. http://dx.doi.org/10.1093/he/9780198806691.003.0019.
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This chapter discusses the law on adoption. It covers the nature of adoption and background to the legislation; comparison of adoption with other legal relationships and orders; adoption and human rights; the changing pattern of adoption; responsibility for placing children for adoption; general principles when reaching decisions about adoption; adoption service under the Adoption and Children Act 2002; placement for adoption; the procedure for the making of adoption orders; contact considerations; registration of adoption and the adoption contact register; the effects of an adoption order; transfer of parentage. It then examines the international aspects of adoption and, in that context, the 1993 Hague Convention on Intercountry Adoption. The chapter ends with a discussion of special guardianship.
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Taylor, Stephen, and Astra Emir. "20. Family-friendly statutes." In Employment Law, 343–68. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198806752.003.0020.
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This chapter looks at ‘family-friendly employment laws’ and breaks each down into its component parts. It also considers whether it is appropriate that the statute book should reflect a commitment to a ‘work-life balance’, or whether this kind of legislation in fact ignores the needs of business and therefore has a deleterious effect on the economy. It begins with a background on ‘family-friendly’ legislation. It then discusses ante-natal care, health and safety issues, maternity leave, maternity pay, paternity leave, shared parental leave, adoption leave, parental leave, time off for dependants, the right to request flexible working, the right to request time off for training and the impact of family-friendly legislation.
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Smith, Ian, Aaron Baker, and Owen Warnock. "5. The work–life balance legislation." In Smith & Wood's Employment Law, 351–419. Oxford University Press, 2019. http://dx.doi.org/10.1093/he/9780198824893.003.0005.
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This chapter addresses a number of legislative regimes creating rights that affect the balance between work and life outside of work. Specifically, the discussion focuses on rights to a guaranteed minimum wage; to rest breaks, paid leave, and a maximum 48-hour working week; to maternity, paternity, adoption, and other parental leave; and to request flexible working arrangements. Although not all of these rights can claim work–life balance as their original policy driver, they have come to be seen as representing a loosely coherent programme for ensuring that the process of earning a living does not preclude any worker from enjoying other aspects of life, especially family life. The chapter considers, singly, each of these work–life rights, and the policies and legislation behind them. Gender inequality forms a central theme of the chapter, noting that many work–life balance problems flow from unequal gender norms in the home, and that legislation should be judged according to how forthrightly it tackles these inequalities.
Conference papers on the topic "Adoption Law and legislation Victoria"
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Aleksandrov, Andrey. "FOR THE FAILED DIGITALIZATION OF THE EMPLOYMENT DOCUMENTATION AND THE JUSTICE ON LABOR DISPUTES AND THE DAMAGES SUFFERED BY THE SOCIETY FROM THIS." In THE LAW AND THE BUSINESS IN THE CONTEMPORARY SOCIETY 2020. University publishing house "Science and Economics", University of Economics - Varna, 2020. http://dx.doi.org/10.36997/lbcs2020.338.
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Still slow and uncertain, but still tangible, our labor legislation is beginning to recognize the benefits of digitizing labor law documentation - speed, security, economy, etc. The most important step in this direction was the adoption of the Ordinance on the type and requirements for the creation and storage of electronic documents in the employment file of the employee in 2018. However, are the administrative and judicial practice ready for such a "revolution"? From today's point of view, the possible conclusions do not seem promising.
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Řepa, Tomáš. "Poválečné perzekuce příslušníků armády a přijetí zákona na ochranu lidově demokratické republiky." In Protistátní trestné činy včera a dnes. Brno: Masaryk University Press, 2021. http://dx.doi.org/10.5817/cz.muni.p210-9976-2021-12.
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After the end of the Second World War, Czechoslovakia was a country at a crossroads. The communists tried to take control of key institutions of the state, including the army. In doing so, a number of illegalities were committed. After the coup in February 1948, this was followed by the adoption of legislation by the already totalitarian state. A striking example was Law No. 231/1948 on the Protection of the People’s Democratic Republic, adopted in October 1948. On the basis of this law, many thousands of people were convicted for alleged anti-State acts.
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Nikač, Željko, and Branko Lestanin. "PRAVNA REGULATIVA DETEKTIVSKIH POSLOVA KAO VIDA USLUŽNIH DELATNOSTI U REPULICI SRBIJI." In XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.929n.
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The paper discusses the legal status of private detective work in the Republic of Serbia, especially after the adoption of the major Law on Detective Activity, as well as the adoption of bylaws for the implementation of this regulation. The introduction to the paper, in the function of the topic, briefly points to private security as a subsystem of the security system and, in this regard, to private detective work as an integral part. The development of private detective activity and private security was accompanied by social, political, economic and other changes in our country after the disintegration of the former SFRY and the independence of Serbia. In the central part, the legislative framework of private detective activity in our country is presented, important solutions in the function of providing services in the community are pointed out and a critical review of the application of regulations in practice is given. Solutions in terms of organization, work, authority and control of legality in the work of private detectives were analyzed. A good legal framework and sustainable solutions are important because of our country's application for EU membership. The conclusion points to the need to harmonize the national legislation of Serbia with EU law, accept good foreign and develop domestic practice, as well as strengthen the mechanisms of control and supervision of the work of private detectives in the function of the rule of law.
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Šimunović, Lidija, and Tena Konjević. "IMPLEMENTATION OF THE DIRECTIVE 2019/1023 IN THE CROATIAN LEGAL SYSTEM: A NEW TREND OF RESTRUCTURING IN THE CROATIAN INSOLVENCY LAW OR ANOTHER MISSED OPPORTUNITY?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22415.
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Saving companies as early as possible and providing new opportunities to faltering entrepreneurs has become one of the main priorities of the EU policy. Following the example of American legislation, the EU Commission has recognized the importance of acknowledging the difficulties in doing business and, through the Directive 2019/1023, created a legal basis for harmonized restructuring tools in EU member state. The aim of the Directive is to enable encouragement, reorganization and creation of new opportunities to faltering entrepreneurs. Although the aim of the Directive 2019/1023 is well thought out, its adoption has not been followed by smooth implementation. Many EU Member States used the possibility of extending the implementation deadline and have implemented the Directive 2019/1023, so to speak, at the last minute. One of such countries is the Republic of Croatia, which, with the latest amendments to the Bankruptcy Act from March 2022, passed a series of provisions implementing the goals and solutions from the Directive 2019/1023. This article opens with an analysis of the circumstances that led to the adoption of the Directive 2019/1023 and gives an overview of its objectives and provisions. In addition, the article addresses the short overview of the implementation solutions developed in Austrian and German law, which are role models for Croatian bankruptcy law. The central part of the paper provides a critical analysis of the amended provisions of the Croatian Bankruptcy Act, which implements the Directive 2019/1023 into the Croatian legal system. The authors warn of possible challenges in the enforcement of the objectives of the Directive through the prism of the amended rules of the Bankruptcy Act.
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Imamović-Čizmić, Kanita, Elma Kovačević-Bajtal, and Lejla Ramić. "COMPETITION LAW IN BOSNIA AND HERZEGOVINA: HOW READY WE ARE FOR THE CHALLENGES OF THE MODERN AGE?" In International Jean Monnet Module Conference of EU and Comparative Competition Law Issues "Competition Law (in Pandemic Times): Challenges and Reforms. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2021. http://dx.doi.org/10.25234/eclic/18820.
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Bosnia and Herzegovina, having an extremely complex state system and at the same time being a developing country and economy in transition with a commitment to membership in the European Union, faces numerous challenges in adapting national legislation to the acquis communautaire. One of the key segments of the introduction of European standards is the establishment of an effective mechanism for the protection of competition in legislative and institutional terms. With the adoption of the Competition Law in 2005, which brings new solutions and is largely in line with the acquis, Bosnia and Herzegovina has made a significant step forward from the previous state of legal irregularity in this important segment. However, sixteen years of the enforcement of the BiH Competition Law have shown certain shortcomings regarding the particular solutions contained in it. These shortcomings concern the part of the provision of the law that regulates procedural issues, but also the functioning of the authority responsible for the protection of competition in Bosnia and Herzegovina and it can be assumed that these are obstructive elements in response to the challenges of COVID-19 pandemic. In order to follow the international trends, companies in BiH have entered into a process of business digitalization, which, however, being accelerated due to COVID-19 pandemic, has created many challenges before the Council of Competition of BiH as the authority responsible for public enforcement of the competition law. The aim of this paper is to question the extent to which COVID-19 pandemic has affected the work of the Council of Competition BiH, as well as to address some of the particular issues it has faced before the pandemic, including growing market concentration, growing power of digital platforms, protectionism, consumer vulnerability and consequent loss of public confidence. In order to meet the set research goals, the first part of the paper will present an analysis of the legal solutions in the context of the legal and institutional aspect of competition protection and will provide an overview of the situation regarding the digitalization of business operations in Bosnia and Herzegovina. The second part of the paper will provide an analysis of the work of the Council of Competition of BiH with special reference to the period of declaring the pandemic COVID-19.
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Kocev, Ljuben. "THE INTRODUCTION OF A SIMPLIFIED LIMITED LIABILITY COMPANY IN THE MACEDONIAN LEGISLATION – A VALID ATTEMPT FOR FOSTERING ENTREPRENEURSHIP OR JUST ANOTHER INSIGNIFICANT REASON FOR THE AMENDMENT OF THE COMPANY LAW ACT?" In Economic and Business Trends Shaping the Future. Ss Cyril and Methodius University, Faculty of Economics-Skopje, 2022. http://dx.doi.org/10.47063/ebtsf.2022.0017.
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In the past decade, there has been an ongoing trend, primarily among the EU member states, to decrease the legally required minimum capital for the establishment of limited liability companies. This was the effect of the introduction of the “1 GBP company” in the UK which resulted in the outflow of companies from other member states. Shareholders decided to set up companies in the UK instead of their home jurisdictions to take advantage of the lesser capital requirements. This was also possible due to the principle of freedom of establishment within the EU. However, with Brexit in full force, it remains to be seen whether some member states would reiterate from this practice. In the Republic of North Macedonia, the initiative for such amendment of the Company law act by the Government was launched in 2020. In September 2021 the proposal was finally adopted, resulting in the introduction of a new variant of the limited liability company – the so-called “simplified limited liability company” – a limited liability company with a minimum paid-in capital of 1 EUR. From its adoption in 2004 to this date, the Company law act has been amended more than 30 times, making it one of the most often changed legislative texts. A number of these amendments were controversial and even resulted in initiatives in front of the constitutional court for their abolishment. The paper aims to analyze the effect of the introduction of the simplified limited liability company in Macedonian legislation from a legal point of view. The analysis is focused primarily on the necessity, legal status, and effect of these forms of companies in comparison to the other forms of trade companies provided within the Macedonian Company law act. The analysis is conducted primarily through the use of the normative and comparative approach.
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Bodul, Dejan. "WILL THE IMPLEMENTATION OF THE DIRECTIVE ON RESTRUCTURING AND INSOLVENCY HELP THE RECOVERY OF THE CROATIAN MARKETS AND STRENGTH THE ABILITY OF THE DEBTORS TO RESPOND TO NEW CHALLENGES?" In The recovery of the EU and strengthening the ability to respond to new challenges – legal and economic aspects. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2022. http://dx.doi.org/10.25234/eclic/22409.
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It must be pointed out that the issue of bankruptcy proceedings in countries with a long market tradition is a dynamic area where new solutions are sought that will follow the trend of change in the international economy. The European Union, which in 2019 adopted the Restructuring and Insolvency Directive, is also making an exceptional contribution to this issue. With the adoption of the Directive, the European Union has joined the general trend of deviation from traditional, formal bankruptcy proceedings by opening a wide area to private regulation, with all the associated opportunities and risks. From the current point of view of Croatian law, the Directive does not provide “revolutionary” solutions, especially in terms of preventive restructuring, given that Croatian rules on prebankruptcy proceedings are essentially in line with the solutions contained in the Directive. Therefore, the subject of the analysis are valid norms as well as those from the Final Proposal of the Bankruptcy Law from 2022 (February 2022) related to collective legal protection in (pre) bankruptcy proceedings, having in mind the possible consequences of incomplete and inadequate regulation on the rights and interests of participants. The analysis starts from the fact that the issue of legal protection is regulated by each state independently and that such autonomy of member states is limited by EU rules. Therefore, in addition to the legal analysis of legal protection, as it is according to the existing (valid) legal framework (de lege lata), this paper also includes the question of what such protection should be in view of the requirements of European law (de lege ferenda). A limiting factor in the context of this analysis is the lack of well-established judicial practice, given that the implementation of new legislation is in process of public debate. Therefore, the analysis is not based on practical problems, but on detecting possible problems that could cause difficulties in practical implementation of (pre)bankruptcy proceedings.