Relevant bibliographies by topics / Australian law of jurisdiction

Academic literature on the topic 'Australian law of jurisdiction'

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Published: 4 June 2021
Last updated: 20 February 2023

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Journal articles on the topic "Australian law of jurisdiction"

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Tahmindjis, Phillip. "Sexual Harassment and Australian Anti-Discrimination Law." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 87–126. http://dx.doi.org/10.1177/135822910500700404.

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This paper examines the law of sexual harassment in Australia and concludes that, while there is extensive legislative coverage at Commonwealth, State and Territory levels, this coverage is uneven. The differences and resulting outcomes between local jurisdictions are considered. The differences between Australian laws and overseas jurisdictions are also considered, particularly with respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. The paper considers the positive and negative features of the Australian law and argues that greater education of the legal profession is needed to allow the adequate delivery of justice to people who have been sexually harassed.
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Latimer, Paul, and Michael Duffy. "Deconstructing Digital Currency and Its Risks: Why ASIC Must Rise to the Regulatory Challenge." Federal Law Review 47, no. 1 (March 2019): 121–50. http://dx.doi.org/10.1177/0067205x18816237.

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Digital currency is a ‘disrupter’ of financial services and currency markets, and as such presents new regulatory challenges. International regulatory responses to digital currency range from being largely ignored in some jurisdictions to being banned in others, with most jurisdictions charting a middle course of ‘wait and see’ while attempting to deal with pressing issues (such as taxation liability and potential money laundering and terrorism financing issues). This article explains digital currency, its benefits, its problems, its risks and the regulatory response so far. It analyses the extent to which the Australian Securities and Investments Commission (ASIC, the national securities regulator) may or may not have regulatory power and jurisdiction under existing Australian law, and the role of other relevant regulators and institutions. It concludes that digital currency may well be a ‘financial product’ under Corporations Act 2001 (Cth) s 763A (though many suppliers/issuers of that product will be website operators located outside Australia). If it is a financial product, ASIC would also have jurisdiction over issuers and markets that trade in that product. This conclusion could easily be fortified by legislative confirmation; however, it is suggested that ASIC should in all events test its powers to determine whether any legislative change is needed. Regulation by ASIC would add to recent moves to deal with digital currency by the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Taxation Office (ATO). In all cases, this article argues that the time has come for Commonwealth regulation of digital currencies by ASIC as the relevant regulator. This would then trigger the obligations set out in the Corporations Act and the ASIC Act, including Australian Financial Services Licensing, Australian Market Licensing, standards of efficiency, honesty and fairness, disclosure provisions, possible market offences and corporate regulation generally. The suggested jurisdiction of ASIC would build on its existing role as well as the roles of the Australian Competition and Consumer Commission, the ATO and AUSTRAC.
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Cross, Cassandra. "‘Oh we can’t actually do anything about that’: The problematic nature of jurisdiction for online fraud victims." Criminology & Criminal Justice 20, no. 3 (March 13, 2019): 358–75. http://dx.doi.org/10.1177/1748895819835910.

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One of the most pressing challenges with policing online fraud relates to jurisdiction. Policing is traditionally based on territoriality, but the internet has changed this. Offenders in one country can target a victim in a second country, who is requested to send money to a third or fourth country. This article examines online fraud victims’ reporting to police. Specifically, it demonstrates the misconceptions that exist regarding jurisdiction, namely the relationship between the Australian Federal Police and state/territory police. A clear disconnect emerges between understandings and expectations of who can investigate what relating to online fraud. The Australian Cybercrime Online Reporting Network’s establishment in 2014 is a positive step but this has not fixed the issue entirely. Overall, the article argues that the jurisdictional challenges experienced by police are not understood by victims, and improvement is needed regarding awareness of victims and police alike, to reduce unnecessary, additional trauma to victims.
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Dwyer, Judith, Mark Rankin, Margie Ripper, and Monica Cations. "Is there still a need for abortion-specific laws? The capacity of the health framework to regulate abortion care." Alternative Law Journal 46, no. 2 (March 8, 2021): 141–48. http://dx.doi.org/10.1177/1037969x20986636.

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After prolonged periods of criminalisation, 20th and 21st century law reform has now moved abortion care closer to being regulated as health care in all Australian jurisdictions. However, no jurisdiction has yet tested the proposition that specific laws for abortion care are unnecessary. This article analyses the capability of health law, policy and ethics to regulate abortion comprehensively, without the need for either stand-alone laws or special provisions within health law. We examined this question in the South Australian context and concluded that the health framework provides the basis for equitable, safe and accountable abortion care that is also acceptable to the community.
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Bolimos, Ioannis A., and Kim-Kwang Raymond Choo. "Online fraud offending within an Australian jurisdiction." Journal of Financial Crime 24, no. 2 (May 2, 2017): 277–308. http://dx.doi.org/10.1108/jfc-05-2016-0029.

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Purpose This paper aims to determine the level of online fraud offending within an Australian jurisdiction and how to best apply resources to combat it. Design/methodology/approach Empirical data were provided by an Australian law enforcement agency, and qualitative responses were obtained from the parties involved in the crimes themselves (the victims, the offenders and the nominated law enforcement agency). Findings Although there was variance between the ages of the online fraud victims, there was a slightly higher chance of an older member of the population falling victim to an offender than that of a younger person. The number of a particular gender reporting an instance of cybercrime in a given area can be higher if the total number of participants in that area was also high. Older victims were more likely to lose larger amounts of money to online fraud. Furthermore, it was found that when the non-gender identifiable data were removed, this increased to over 80 per cent. Originality/value Existing literature on online fraud and criminal offending generally focused on the quantitative aspects of measuring offending, which does not give an indication into the “why” component of the study: why are these offences being committed; why do these offenders pick particular victims; and why do the victims fall for such ruses? In this paper, the authors combined the qualitative responses obtained from those parties involved in the crimes themselves (the victims, the offenders and the nominated law enforcement agency) with a quantitative examination of the crime figures provided by an Australian law enforcement agency.
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Dale, Gregory. "Appealing to Whom? Australia's ‘Appellate Jurisdiction’ Over Nauru." International and Comparative Law Quarterly 56, no. 3 (July 2007): 641–58. http://dx.doi.org/10.1093/iclq/lei186.

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A peculiar and unique agreement exists between Australia and Nauru, which has ensured that, since 1976, appeals may be brought from the Supreme Court of Nauru, an independent Republic, to the High Court of Australia by virtue of a bilateral treaty1 and statutes of the respective Parliaments.2 In 1998 and 1999 two High Court judgments left a question mark hanging over the constitutional validity of this appellate scheme.3 Furthermore, in 2001, the Australian Law Reform Commission (ALRC) expressed the view that Australia should terminate the agreement as the arrangement was of no perceived ‘utility’ to Australia.4 For 29 years only two rather trivial cases were appealed from the Supreme Court to Australia's High Court.5 In 2005 a much more significant case, Ruhani, 6 was appealed from Nauru to Australia. The case was not only significant in that it concerned the validity of the so-called ‘Pacific Solution’, which involved Australia holding asylum-seekers offshore in Nauru for the processing of their refugee claims, but it also raised doubts about the desirability of the offshore municipal model of foreign appeals. This article examines the latter of those issues, intending to demonstrate that the model of foreign appeal adopted in the Nauru Treaty is a compromised version of appeal in comparison with the other two more common models.
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Fry, Martin. "Australian taxation of offshore hubs: an examination of the law on the ability of Australia to tax economic activity in offshore hubs and the position of the Australian Taxation Office." APPEA Journal 57, no. 1 (2017): 49. http://dx.doi.org/10.1071/aj16014.

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The obvious commercial benefits of centralising operational functions mean that commercial ‘hubs’ within multinational enterprises will continue to proliferate. More and more so, this will create challenges for the revenue authorities of the high tax jurisdictions such as Australia and the United States, and also the ‘hub-destination’ jurisdictions such as Singapore. For the Australian revenue authority, the challenges are heightened by the fact that the Australian public debate on these issues occurs, it seems, within a framework of suspicion that multinational enterprises set about to avoid paying their ‘fair share’ of tax. As there is ultimately only one value chain spread across more than one tax jurisdiction – whether that be from the hydrocarbons under an Australian sea bed through to a customer sale in North Asia, or the purchase of crude in Singapore through to a point of retail distribution in Australia – it is essential that the tax laws arrive at an international organising principle that fairly allocates taxing rights between the tax jurisdictions affected by a global value chain. Double taxation will arise and economic efficiencies will be destroyed if multiple tax jurisdictions seek to tax the same parts of the single global value chain. That organising principle should be the ‘arm’s length principle’, the fundamental basis upon which Australia enters into double tax treaties with its trading partners. This paper analyses the manner in which the Australian tax laws attempt to deal with the advent of offshore centralised hubs. It argues that the Australian tax laws overreach and, as such, create an environment for double taxation and dispute between competing revenue authorities and between revenue authorities and multinational enterprises. The tax laws are complex, incomplete and, at the time of writing, evolving at a speed not often witnessed in the field of taxation.
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Wolff, Leon. "Litigiousness in Australia: Lessons from Comparative Law." Deakin Law Review 18, no. 2 (December 1, 2014): 271. http://dx.doi.org/10.21153/dlr2013vol18no2art39.

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How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.
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Shannon, Victoria. "Recent Developments in Third-Party Funding." Journal of International Arbitration 30, Issue 4 (August 1, 2013): 443–52. http://dx.doi.org/10.54648/joia2013028.

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This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC's regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules and cost allocations in that jurisdiction. In the United States, at least twenty pieces of legislation have been filed in various state legislatures since the beginning of 2013 aimed at regulating the third-party funding industry in a variety of different ways. Thus, in these three leading third-party funding jurisdictions, it appears that the legislatures - rather than the courts - are seeking to lead the way in shaping the future of the third-party funding industry.
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Goodman, Camille, and Holly Matley. "Law Beyond Boundaries: innovative mechanisms for the integrated management of biodiversity beyond national jurisdiction." ICES Journal of Marine Science 75, no. 1 (January 1, 2018): 402–4. http://dx.doi.org/10.1093/icesjms/fsx242.

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Abstract On 24 February 2017, a workshop entitled “Law Beyond Boundaries: innovative mechanisms for the integrated management of biodiversity beyond national jurisdiction” was held in Wollongong, Australia hosted by the Oceans and International Environmental Law Interest Group of the Australian and New Zealand Society of International Law, in association with the Australian National Centre for Ocean Resources and Security at the University of Wollongong. The aim of the workshop was to address the question, how can international law be used in innovative ways to effectively conserve and sustainably manage marine biological diversity in areas beyond national jurisdiction (ABNJ)? In this introduction, we briefly summarize five of the papers developed for the workshop, highlighting the way in which they address three important themes: the promise and limits of existing institutional mechanisms governing activities in ABNJ; interactions between established principles and regimes for ABNJ; and the lessons that can be drawn from existing global and regional approaches to ABNJ. We hope that the ideas developed in this article theme set will contribute to the ongoing discussions at the United Nations General Assembly, as the international community works toward the development of an international legally binding instrument to govern activities in ABNJ.
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Dissertations / Theses on the topic "Australian law of jurisdiction"

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Keyes, Mary Elizabeth, and n/a. "A Critical Analysis of Jurisdiction in International Litigation." Griffith University. Griffith Law School, 2004. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20051214.143910.

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This thesis critically analyses the Australian law of jurisdiction in private international litigation. Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. In recent years, jurisdiction has certainly overtaken choice of law in practical importance. This emphasises the need for critical academic study of the law of jurisdiction. This thesis addresses this need. It critically analyses the present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. This thesis is in five related parts. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the literature, although they are important in understanding how the principles have developed and how they are applied. The second part critically analyses the present law of jurisdiction. The Australian principles of jurisdiction have not changed substantially in the last 100 years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. The present law provides that the courts are jurisdictionally competent in a wide range of cases, which do not all require a substantial connection between the dispute and the forum. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases. Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement. But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts' wide discretion under the Australian forum non conveniens principle make it unlikely that the courts will decline to exercise jurisdiction. The present principles, in short, permit the courts to take jurisdiction in too many cases, and require them to decline to exercise jurisdiction in too few cases. The third part examines how the principles on declining jurisdiction operate in practice. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. In practice, strong grounds are easily shown. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction. The relevant factors are identified in terms of the interests of foreign states, individual litigants' interests and the forum state's interests. The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. This also implies that reform of the principles is warranted. The fifth part considers how Australian jurisdictional principles could be improved. Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community's Regulation on Jurisdiction and Judgments. The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties to contracts, and otherwise require the enforcement of jurisdictional agreements. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed. Specific principles for declining jurisdiction are also proposed. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its practical application.
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Keyes, Mary Elizabeth. "A Critical Analysis of Jurisdiction in International Litigation." Thesis, Griffith University, 2004. http://hdl.handle.net/10072/365397.

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This thesis critically analyses the Australian law of jurisdiction in private international litigation. Jurisdiction in international litigation is often regarded as a procedural area of law which is less important than choice of law in practical and theoretical terms. There has been little scholarly attention devoted specifically to the study of jurisdiction in Australia. In recent years, jurisdiction has certainly overtaken choice of law in practical importance. This emphasises the need for critical academic study of the law of jurisdiction. This thesis addresses this need. It critically analyses the present principles and the manner in which they are applied, identifies the factors which should influence the law, and proposes appropriate reforms to the principles. This thesis is in five related parts. The first part examines the procedural and constitutional context in which the principles of jurisdiction have been developed and applied. This context has important implications for the law and practice of jurisdiction, which have largely been overlooked in the literature, although they are important in understanding how the principles have developed and how they are applied. The second part critically analyses the present law of jurisdiction. The Australian principles of jurisdiction have not changed substantially in the last 100 years, while economic and social conditions which affect international litigation have undergone dramatic and wide-reaching changes. The present law provides that the courts are jurisdictionally competent in a wide range of cases, which do not all require a substantial connection between the dispute and the forum. The various principles applied in declining jurisdiction make it likely that the Australian courts will exercise their discretion to retain jurisdiction in the majority of cases. Foreign jurisdictional agreements should be enforced by a stay unless there are strong reasons for non- enforcement. But the application of overriding mandatory rules, even where there is a jurisdictional agreement, and the courts' wide discretion under the Australian forum non conveniens principle make it unlikely that the courts will decline to exercise jurisdiction. The present principles, in short, permit the courts to take jurisdiction in too many cases, and require them to decline to exercise jurisdiction in too few cases. The third part examines how the principles on declining jurisdiction operate in practice. This is addressed by a doctrinal and an empirical analysis of the manner in which these principles are applied by the Australian superior courts. These analyses identify factors which appear to influence decisions in practice, not all of which are consistent with the applicable principles. For example, the principle requires the court to enforce foreign jurisdictional agreements unless there are strong grounds for non-enforcement. In practice, strong grounds are easily shown. These analyses show that there are factors which influence decisions which are not always apparent from the principles, suggesting that reform is required. The fourth part identifies the factors which ought to influence the law and practice of jurisdiction. The relevant factors are identified in terms of the interests of foreign states, individual litigants' interests and the forum state's interests. The law and practice of jurisdiction are examined to determine whether those interests do in fact influence law and practice. Many important interests, especially of foreign states and of defendants, are not sufficiently taken into account. This also implies that reform of the principles is warranted. The fifth part considers how Australian jurisdictional principles could be improved. Detailed reforms are suggested, drawing on a discussion and an evaluation of different approaches to jurisdiction, particularly drawing on the European Community's Regulation on Jurisdiction and Judgments. The principles should ensure that the court is jurisdictionally competent only where it is likely to be an appropriate forum for the dispute. The proposed reforms identlfy grounds of exclusive jurisdiction, provide protection to weaker parties to contracts, and otherwise require the enforcement of jurisdictional agreements. Default rules of jurisdiction which are likely to indicate a strong connection between the forum and the dispute are proposed. Specific principles for declining jurisdiction are also proposed. Retention of the forum non conveniens principle is recommended, but the English principle is advocated as a more suitable and just approach. This thesis is intended to contribute both to a theoretical understanding of this area of law and to an understanding of its practical application.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Law
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Ward, Damen Andrew. "The politics of jurisdiction : 'British' law, indigenous peoples and colonial government in South Australia and New Zealand, c.1834-60." Thesis, University of Oxford, 2003. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.289016.

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Kohl, Uta, and n/a. "An analytical framework on regulatory competence over online activity." University of Canberra. Law, 2002. http://erl.canberra.edu.au./public/adt-AUC20050509.105817.

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This thesis examines the application of traditional jurisdictional doctrines to online activity. It analyses not only to what extent, and why, the Internet challenges existing principles allocating regulatory competence, but the factors which shape, and must shape, the regulatory responses to these challenges, in an attempt to create an analytical framework within which the search for viable solutions can begin. The overarching argument made in this thesis is that the keys to viable future Internet regulation are deeply embedded in past and present regulation and that we cannot simply look for the most efficient legal solutions, regardless of how they fit within existing laws. This would be inconsistent with the law's basic function to answer the need for certainty and predictability. Building upon this fundamental premise, it is further argued, and shown, that an understanding of the public law - private law dichotomy within the existing jurisdictional framework, as well as its deeply entrenched status, is essential for appreciating the severity of the jurisdictional problems caused by the Internet and actual and likely regulatory responses to them. It is argued that this explains why both sets of rules have consistently accommodated transnational online activity differently, giving rise to different problems - problems which ultimately touch upon fundamental legal notions, such as formal justice, the rule of law or obedience to law which cannot but set further outer parameters of the search for solutions to the jurisdictional problems triggered by the Internet.
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Pengelley, Nicholas. "Judicial chauvinism or respect for comity : is it time to bury the anti-suit injunction?" Monash University, Faculty of Law, 2002. http://arrow.monash.edu.au/hdl/1959.1/8327.

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Scott, Andrew. "Jurisdiction Agreements under Community Law." Thesis, University of Oxford, 2009. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.517334.

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Inazumi, Mitsue. "Universal jurisdiction in modern international law: expansion of national jurisdiction for prosecuting serious crimes under international law /." Antwerpen [u.a.] : Intersentia, 2005. http://www.gbv.de/dms/spk/sbb/recht/toc/490917232.pdf.

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Arnell, Paul Donovan. "International jurisdiction and crime : a substantive and contextual examination of jurisdiction in international law." Thesis, University of Hull, 1998. http://hydra.hull.ac.uk/resources/hull:13032.

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[From the introduction]: International criminal law and jurisdiction are fields of ever greater significance. Developments within them are frequent and important. Resultant is the need for conceptual understanding, in isolation as well as in context. This is the aim of this thesis; it is argued that it is only through a contextual and substantive approach that full and proper understanding is possible. The criminal law, and its lawful application through reference to a right of jurisdiction, fundamentally concerns two parties; States and private legal persons. It is of the utmost importance for both. For States the criminal law at its most basic level serves to protect its very existence. Here it is a critical defensive mechanism; the State through the means of its criminal justice system ensuring its continuance. Further, through the imposition of a general coercive regime the society upon which the State is based is protected from anarchy as well as the continuance of a system of governance based upon the rule of law and the framework for a system founded upon democratic and liberal tenets are ensured. For individuals the criminal law is of no less importance. The individual is, of course, the subject of the application of criminal prescriptions. It is the individual who is made to suffer in person or goods the sanctions attached to such prescriptions. Indeed as the application of criminal law can and does protect the societal human rights through for example deterrence and the prevention of recidivism so too must it protect the human rights of the accused. Clearly, that the criminal law potentially affects the individual's right to liberty, the collective rights of society, and the existence and nature of States themselves, its significance is manifest.
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Song, Wei. "The extent of the insured’s duty of disclosure : a comparative analysis of the disclosure obligations of insured in Australia, Singapore and China." Thesis, Queensland University of Technology, 2012. https://eprints.qut.edu.au/54638/1/Wei_Song__Thesis.pdf.

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Pre-contractual material disclosure and representation from an insurance policy proposer is the most important element for insurers to make a decision on whether a proposer is insurable and what are the terms and conditions if the proposal by the proposer is able to be insured. The issue this thesis researches and investigates focus on the issues related to the pre-contractual non-disclosures and misrepresentations of an insured under the principle of utmost good faith, by operation of laws, can achieve with different results in different jurisdiction. A similar disputed claim involving material non-disclosed personal information or misrepresentation at the pre-contractual stage from an insured with respect to both general and life insurance policies settled by an insurer in Australia could be that the policy is set aside ab initio by the insurers in Singapore or China. The jurisdictions this thesis examines are • Australia; • Singapore; and • China including Hong Kong.
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Craig, Barbara. "Jurisdiction for Aboriginal health in Canada." Thesis, University of Ottawa (Canada), 1992. http://hdl.handle.net/10393/7706.

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The purpose of this thesis is to determine which level of government has jurisdiction for Aboriginal$\sp1$ health in Canada--the federal or the provincial. As background to the consideration of jurisdiction for Aboriginal health in Canada, three things are examined: the existing legal and policy frameworks for Aboriginal health; the development of the delivery of health services to Aboriginal people; and the current health status of Aboriginal people in Canada. The distribution of exclusive legislative powers between the federal and provincial legislatures contained in sections 91 and 92 of the Constitution Act, 1987 is examined and the "peace, order and good government" power of the federal Parliament is considered. Legislative jurisdiction over health is considered. The extent of the federal power over "Indians, and Lands reserved for the Indians" as a result of subsection 91(24) of the Constitution Act, 1867 is explored. Parallels are drawn between labour relations and health jurisdictional issues, in an attempt to determine where legislative jurisdiction for Aboriginal health rests. The spending power of Parliament, the Crown-Indian treaty process and the nature of Indian treaties, and the fiduciary relationship between First Nations and the federal and provincial governments is examined. The final conclusion is that Aboriginal health is a double aspect matter, to which valid legislation of both levels of government can apply. Although there are spheres of exclusive provincial jurisdiction, e.g. regulation of health practitioners and hospitals, there is no exclusive federal sphere. However, the federal government does have concurrent jurisdiction with the provinces over the public health of Aboriginal people. The doctrine of paramountcy applies to give valid federal legislation pre-eminence over inconsistent provincial legislation. (Abstract shortened by UMI.) ftn$\sp1$In this thesis, the term "Aboriginal" is intended to have the same meaning it does in the Constitution Act, 1982, section 35. Section 35(2) states: "In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Metis peoples of Canada." It is my submission that "Indian" as it is used in section 35 includes both status and non-status Indians.
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Books on the topic "Australian law of jurisdiction"

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia. Sydney: Federation Press, 1997.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia and New Zealand. 2nd ed. Sydney: Federation Press, 2003.

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Zines, Leslie. Cowen and Zines's federal jurisdiction in Australia. 3rd ed. Annandale, N.S.W: Federation Press, 2002.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Cremean, Damien J. Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Admiralty jurisdiction: Law and practice in Australia, New Zealand, Singapore and Hong Kong. 3rd ed. Annandale, N.S.W: Federation Press, 2008.

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Arenson, Kenneth J. Australian criminal laws in the common law jurisdictions: Cases and materials. 3rd ed. South Melbourne, Vic: Oxford University Press, 2011.

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Cheryl, Saunders, Mason Anthony Sir 1925-, and Mason Court and Beyond (1995 : Melbourne, Vic.), eds. Courts of final jurisdiction: The Mason court in Australia. Annandale, NSW: Federation Press, 1996.

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Settler sovereignty: Jurisdiction and indigenous people in America and Australia, 1788-1836. Cambridge, Mass: Harvard University Press, 2010.

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Creyke, Robin. Veterans' entitlements law. Leichhardt, N.S.W: Federation Press and Softlaw Community Projects, 2000.

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Book chapters on the topic "Australian law of jurisdiction"

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Urbas, Gregor, and Grabosky Peter. "Cybercrime and Jurisdiction In Australia." In Information Technology and Law Series, 47–69. The Hague: T.M.C. Asser Press, 2006. http://dx.doi.org/10.1007/978-90-6704-467-7_4.

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Simmonds, Alecia. "Intimate Jurisdictions: Reflections upon the Relationship Between Sentiment, Law and Empire." In Transnationalism, Nationalism and Australian History, 179–90. Singapore: Springer Singapore, 2017. http://dx.doi.org/10.1007/978-981-10-5017-6_12.

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Finnane, Mark. "The Limits of Jurisdiction: Law, Governance, and Indigenous Peoples in Colonized Australia." In Law and Politics in British Colonial Thought, 149–68. New York: Palgrave Macmillan US, 2010. http://dx.doi.org/10.1057/9780230114388_9.

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Duggan, Anthony. "Recent Developments in Australian PPSA Case Law and Their Relevance to Other PPSA Jurisdictions." In Scholarship, Practice and Education in Comparative Law, 7–38. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-9246-7_2.

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Pataraia, David. "Jurisdiction." In International Law, 593–646. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003213772-10.

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Broekman, Jan M., and Frank Fleerackers. "Jurisdiction." In SpringerBriefs in Law, 21–41. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-43517-2_3.

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Robinson, Paul H., and Sarah M. Robinson. "Jurisdiction." In American Criminal Law, 383–94. New York: Routledge, 2022. http://dx.doi.org/10.4324/9781003258025-34.

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Rendell, Catherine. "Probate Jurisdiction." In Law of Succession, 162–68. London: Macmillan Education UK, 1997. http://dx.doi.org/10.1007/978-1-349-13510-3_8.

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Tincani, Chiara. "The Jurisdiction." In Law for Professionals, 313–37. Cham: Springer International Publishing, 2022. http://dx.doi.org/10.1007/978-3-031-08487-4_10.

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Carr, Indira, and Peter Stone. "Civil jurisdiction." In International Trade Law, 501–57. Sixth edition. | Abingdon, Oxon ; New York, NY : Routledge, 2018.: Routledge, 2017. http://dx.doi.org/10.4324/9781315543970-21.

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Conference papers on the topic "Australian law of jurisdiction"

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Putri, Rahmatilla Aryani, Huala Adolf, and Jafar Sidik. "Law Enforcement of Cyber Crime Jurisdiction in Transnasional Law." In 4th Social and Humanities Research Symposium (SoRes 2021). Paris, France: Atlantis Press, 2022. http://dx.doi.org/10.2991/assehr.k.220407.039.

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Hutton, N., A. Patterson, and C. Tata. "Decision support for sentencing in a common law jurisdiction." In the fifth international conference. New York, New York, USA: ACM Press, 1995. http://dx.doi.org/10.1145/222092.222145.

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Psarev, I. M. "Features of the legal basis for the activity of the apparatus of courts of general jurisdiction." In Scientific Trends: Law. ЦНК МОАН, 2020. http://dx.doi.org/10.18411/spc-20-05-2020-04.

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Prakasa, Satria Unggul Wicaksana, Basuki Babussalam, and Agus Supriyo. "Transnational Corruption and Its Impact on Indonesian Jurisdiction." In The 2nd International Conference of Law, Government and Social Justice (ICOLGAS 2020). Paris, France: Atlantis Press, 2020. http://dx.doi.org/10.2991/assehr.k.201209.266.

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Soares Pugliese, William. "Judicial process, jurisdiction and the tension between Constitutionalism and Democracy." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_sws70_03.

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Feraci, Ornella. "International Jurisdiction Over Online Copyright Infringements Under EU Private International Law." In Annual International Conference on Law, Regulations and Public Policy. Global Science & Technology Forum (GSTF), 2015. http://dx.doi.org/10.5176/2251-3809_lrpp15.50.

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Machado de Souza, Joana. "Lights, camera, jurisdiction: communication technology and the myth of transparent justice in Brazil." In XXVI World Congress of Philosophy of Law and Social Philosophy. Initia Via, 2015. http://dx.doi.org/10.17931/ivr2013_wg148_01.

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Shchukin, Andrey. "The unifcation of the rules of international jurisdiction in the universal multilateral treaties." In Problems of unification of private international law in contemporary world. Infra-M Academic Publishing House, 2013. http://dx.doi.org/10.12737/1215.15.

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Lupsan, Gabriela. "REFLECTIONS ON JURISDICTION AND THE LAW APPLICABLE TO DIVORCE WITH A FOREIGN ELEMENT." In SGEM 2014 Scientific SubConference on POLITICAL SCIENCES, LAW, FINANCE, ECONOMICS AND TOURISM. Stef92 Technology, 2014. http://dx.doi.org/10.5593/sgemsocial2014/b21/s5.100.

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Palupi, Dwi Astuti. "The Role of Bakamla in Law Enforcement in Indonesian Waters and Indonesian Jurisdiction." In Proceedings of the Social and Humaniora Research Symposium (SoRes 2018). Paris, France: Atlantis Press, 2019. http://dx.doi.org/10.2991/sores-18.2019.41.

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Reports on the topic "Australian law of jurisdiction"

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Brassil, Anthony. The Consequences of Low Interest Rates for the Australian Banking Sector. Reserve Bank of Australia, December 2022. http://dx.doi.org/10.47688/rdp2022-08.

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There is a vast international literature exploring the consequences of low interest rates for various banking sectors. In this paper, I explore how this international literature relates to the Australian banking sector, which operates differently to other jurisdictions. In the face of low rates, the profitability of Australian banks has likely been less adversely affected than what the international literature would predict, but the flip side to this is that the pass-through of monetary policy to lending rates may have been more muted. I then use a recent advance in macrofinancial modelling to explore whether pass-through in Australia could turn negative – the so called 'reversal rate' – and find that the features of the Australian banking system mean a reversal rate is highly unlikely to exist in Australia.
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Hooker, Reece, ed. Australian law enables state-authorised hacking and surveillance. Monash University, December 2021. http://dx.doi.org/10.54377/2654-ec85.

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Vergani, Matteo, Angelique Stefanopoulos, Alexandra Lee, Haily Tran, Imogen Richards, Dan Goodhardt, and Greg Barton. Defining and identifying hate motives: bias indicators for the Australian context. Centre for Resilient and Inclusive Societies, November 2022. http://dx.doi.org/10.56311/pozs1016.

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This report presents bias indicators for the Australian context and discusses their concept, uses, benefits and risks. The bias indicators we present are the result of extensive consultations with local experts including academics and practitioners working in law enforcement agencies, government and non-government organisations and community organisations. Trigger warning: this report discusses multiple forms of trauma, hate, and discrimination, including physical violence, racism, and homophobia.
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Macnab, R. Canada and Article 76 of the Law of the Sea: defining the limits of Canadian resource jurisdiction beyond 200 nautical miles in the Arctic and Atlantic oceans. Natural Resources Canada/ESS/Scientific and Technical Publishing Services, 1995. http://dx.doi.org/10.4095/205214.

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Macnab, R. Canada and Article 76 of the Law of the Sea: defining the limits of Canadian resource jurisdiction beyond 200 nautical miles in the Atlantic and Arctic oceans. Natural Resources Canada/ESS/Scientific and Technical Publishing Services, 1994. http://dx.doi.org/10.4095/205761.

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Fielding, Marcus. War, Law and Order - Case Study: Australian Whole-of-Government Efforts to Develop the Security and Criminal Justice Sectors in Stabilization. Fort Belvoir, VA: Defense Technical Information Center, May 2012. http://dx.doi.org/10.21236/ada568678.

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Blackham, Alysia. Addressing Age Discrimination in Employment: a report on the findings of Australian Research Council Project DE170100228. University of Melbourne, November 2021. http://dx.doi.org/10.46580/124368.

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This project aimed to research the effectiveness of Australian age discrimination laws. While demographic ageing necessitates extending working lives, few question the effectiveness of Australian age discrimination laws in supporting this ambition. This project drew on mixed methods and comparative UK experiences to offer empirical and theoretical insights into Australian age discrimination law. It sought to create a normative model for legal reform in Australia, to inform public policy and debate and improve responses to demographic ageing, providing economic, health and social benefits.
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Smit, Amelia, Kate Dunlop, Nehal Singh, Diona Damian, Kylie Vuong, and Anne Cust. Primary prevention of skin cancer in primary care settings. The Sax Institute, August 2022. http://dx.doi.org/10.57022/qpsm1481.

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Overview Skin cancer prevention is a component of the new Cancer Plan 2022–27, which guides the work of the Cancer Institute NSW. To lessen the impact of skin cancer on the community, the Cancer Institute NSW works closely with the NSW Skin Cancer Prevention Advisory Committee, comprising governmental and non-governmental organisation representatives, to develop and implement the NSW Skin Cancer Prevention Strategy. Primary Health Networks and primary care providers are seen as important stakeholders in this work. To guide improvements in skin cancer prevention and inform the development of the next NSW Skin Cancer Prevention Strategy, an up-to-date review of the evidence on the effectiveness and feasibility of skin cancer prevention activities in primary care is required. A research team led by the Daffodil Centre, a joint venture between the University of Sydney and Cancer Council NSW, was contracted to undertake an Evidence Check review to address the questions below. Evidence Check questions This Evidence Check aimed to address the following questions: Question 1: What skin cancer primary prevention activities can be effectively administered in primary care settings? As part of this, identify the key components of such messages, strategies, programs or initiatives that have been effectively implemented and their feasibility in the NSW/Australian context. Question 2: What are the main barriers and enablers for primary care providers in delivering skin cancer primary prevention activities within their setting? Summary of methods The research team conducted a detailed analysis of the published and grey literature, based on a comprehensive search. We developed the search strategy in consultation with a medical librarian at the University of Sydney and the Cancer Institute NSW team, and implemented it across the databases Embase, MEDLINE, PsycInfo, Scopus, Cochrane Central and CINAHL. Results were exported and uploaded to Covidence for screening and further selection. The search strategy was designed according to the SPIDER tool for Qualitative and Mixed-Methods Evidence Synthesis, which is a systematic strategy for searching qualitative and mixed-methods research studies. The SPIDER tool facilitates rigour in research by defining key elements of non-quantitative research questions. We included peer-reviewed and grey literature that included skin cancer primary prevention strategies/ interventions/ techniques/ programs within primary care settings, e.g. involving general practitioners and primary care nurses. The literature was limited to publications since 2014, and for studies or programs conducted in Australia, the UK, New Zealand, Canada, Ireland, Western Europe and Scandinavia. We also included relevant systematic reviews and evidence syntheses based on a range of international evidence where also relevant to the Australian context. To address Question 1, about the effectiveness of skin cancer prevention activities in primary care settings, we summarised findings from the Evidence Check according to different skin cancer prevention activities. To address Question 2, about the barriers and enablers of skin cancer prevention activities in primary care settings, we summarised findings according to the Consolidated Framework for Implementation Research (CFIR). The CFIR is a framework for identifying important implementation considerations for novel interventions in healthcare settings and provides a practical guide for systematically assessing potential barriers and facilitators in preparation for implementing a new activity or program. We assessed study quality using the National Health and Medical Research Council (NHMRC) levels of evidence. Key findings We identified 25 peer-reviewed journal articles that met the eligibility criteria and we included these in the Evidence Check. Eight of the studies were conducted in Australia, six in the UK, and the others elsewhere (mainly other European countries). In addition, the grey literature search identified four relevant guidelines, 12 education/training resources, two Cancer Care pathways, two position statements, three reports and five other resources that we included in the Evidence Check. Question 1 (related to effectiveness) We categorised the studies into different types of skin cancer prevention activities: behavioural counselling (n=3); risk assessment and delivering risk-tailored information (n=10); new technologies for early detection and accompanying prevention advice (n=4); and education and training programs for general practitioners (GPs) and primary care nurses regarding skin cancer prevention (n=3). There was good evidence that behavioural counselling interventions can result in a small improvement in sun protection behaviours among adults with fair skin types (defined as ivory or pale skin, light hair and eye colour, freckles, or those who sunburn easily), which would include the majority of Australians. It was found that clinicians play an important role in counselling patients about sun-protective behaviours, and recommended tailoring messages to the age and demographics of target groups (e.g. high-risk groups) to have maximal influence on behaviours. Several web-based melanoma risk prediction tools are now available in Australia, mainly designed for health professionals to identify patients’ risk of a new or subsequent primary melanoma and guide discussions with patients about primary prevention and early detection. Intervention studies have demonstrated that use of these melanoma risk prediction tools is feasible and acceptable to participants in primary care settings, and there is some evidence, including from Australian studies, that using these risk prediction tools to tailor primary prevention and early detection messages can improve sun-related behaviours. Some studies examined novel technologies, such as apps, to support early detection through skin examinations, including a very limited focus on the provision of preventive advice. These novel technologies are still largely in the research domain rather than recommended for routine use but provide a potential future opportunity to incorporate more primary prevention tailored advice. There are a number of online short courses available for primary healthcare professionals specifically focusing on skin cancer prevention. Most education and training programs for GPs and primary care nurses in the field of skin cancer focus on treatment and early detection, though some programs have specifically incorporated primary prevention education and training. A notable example is the Dermoscopy for Victorian General Practice Program, in which 93% of participating GPs reported that they had increased preventive information provided to high-risk patients and during skin examinations. Question 2 (related to barriers and enablers) Key enablers of performing skin cancer prevention activities in primary care settings included: • Easy access and availability of guidelines and point-of-care tools and resources • A fit with existing workflows and systems, so there is minimal disruption to flow of care • Easy-to-understand patient information • Using the waiting room for collection of risk assessment information on an electronic device such as an iPad/tablet where possible • Pairing with early detection activities • Sharing of successful programs across jurisdictions. Key barriers to performing skin cancer prevention activities in primary care settings included: • Unclear requirements and lack of confidence (self-efficacy) about prevention counselling • Limited availability of GP services especially in regional and remote areas • Competing demands, low priority, lack of time • Lack of incentives.
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Kahima, Samuel, Solomon Rukundo, and Victor Phillip Makmot. Tax Certainty? The Private Rulings Regime in Uganda in Comparative Perspective. Institute of Development Studies, January 2021. http://dx.doi.org/10.19088/ictd.2021.001.

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Taxpayers sometimes engage in complex transactions with uncertain tax treatment, such as mergers, acquisitions, demergers and spin-offs. With the rise of global value chains and proliferation of multinational corporations, these transactions increasingly involve transnational financial arrangements and cross-border dealings, making tax treatment even more uncertain. If improperly structured, such transactions could have costly tax consequences. One approach to dealing with this uncertainty is to create a private rulings regime, whereby a taxpayer applies for a private ruling by submitting a statement detailing the transaction (proposed or completed) to the tax authority. The tax authority interprets and applies the tax laws to the requesting taxpayer’s specific set of facts in a written private ruling. The private ruling offers taxpayers certainty as to how the tax authority views the transaction, and the tax treatment the taxpayer can expect based on the specific facts presented. Private rulings are a common feature of many tax systems around the world, and their main goal is to promote tax certainty and increase investor confidence in the tax system. This is especially important in a developing country like Uganda, whose tax laws are often amended and may not anticipate emerging transnational tax issues. Private rulings in Uganda may be applied for in writing prior to or after engaging in the transaction. The Tax Procedures Code Act (TPCA), which provides for private rulings, requires applicants to make a full and true disclosure of the transaction before a private ruling may be issued. This paper evaluates the Ugandan private rulings regime, offering a comparative perspective by highlighting similarities and contrasts between the Ugandan regime and that of other jurisdictions, including the United States, Australia, South Africa and Kenya. The Ugandan private rulings regime has a number of strengths. It is not just an administrative measure as in some jurisdictions, but is based on statute. Rulings are issued from a central office – instead of different district offices, which may result in conflicting rulings. Rather than an elaborate appeals process, the private ruling is only binding on the URA and not on the taxpayer, so a dissatisfied taxpayer can simply ignore the ruling. The URA team that handles private rulings has diverse professional backgrounds, which allows for a better understanding of applications. There are, however, a number of limitations of the Ugandan private rulings system. The procedure of revocation of a private ruling is uncertain. Private rulings are not published, which makes them a form of ‘secret law’. There is no fee for private rulings, which contributes to a delay in the process of issuing one. There is understaffing in the unit that handles private rulings. Finally, there remains a very high risk of bias against the taxpayer because the unit is answerable to a Commissioner whose chief mandate is collection of revenue. A reform of the private rulings regime is therefore necessary, and this would include clarifying the circumstances under which revocation may occur, introducing an application fee, increasing the staffing of the unit responsible, and placing the unit under a Commissioner who does not have a collection mandate. While the private rulings regime in Uganda has shortcomings, it remains an essential tool in supporting investor confidence in the tax regime.
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