Journal articles on the topic 'Australian legal system'
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1
Suarez, Megan. "Aborginal English in the Legal System." Australian Journal of Indigenous Education 27, no. 1 (July 1999): 35–42. http://dx.doi.org/10.1017/s1326011100001526.
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The Australian legal system is based on the principle of equality before the law for all its citizens. The government of Australia also passed the international Human Rights and Equal Opportunity Commission Act in 1986, although these rights are not accessible to all Australians in the legal system (Bird 1995:3). The Australian legal system has failed to grant equality for all its people. The Aboriginal community is severely disadvantaged within the legal system because the Australian criminal justice system has “institutionalised discrimination” against Aboriginal people through communication barriers (Goldflam 1995: 29).
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Bird, Ruth. "Legal Research and the Legal System in Australia." International Journal of Legal Information 28, no. 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.
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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.
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Klein, Natalie. "Legal Implications Of Australia's Maritime Indentification System." International and Comparative Law Quarterly 55, no. 2 (April 2006): 337–68. http://dx.doi.org/10.1093/iclq/lei084.
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AbstractOn 14 December 2004, Australia announced the institution of a ‘Maritime Identification Zone’, extending 1000 nautical miles from its coast and involving the identification of vessels seeking to enter Australian ports, as well as vessels transiting Australia' Exclusive Economic Zone. This Article analyses the legality of these security measures under the UN Convention on the Law of the Sea, new developments through the International Maritime Organization and the Proliferation Security Initiative. The implications of prescribing and enforcing identification requirements on the high seas and in the EEZ, the impact on maritime boundaries and avenues for dispute settlement are all explored.
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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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Briggs, Freda. "Child sexual abuse and the legal system." Children Australia 32, no. 2 (2007): 4–7. http://dx.doi.org/10.1017/s1035077200011512.
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When Australia signed the UN Convention on the Rights of the Child in 1990, federal and state governments agreed, under Article 19, to create appropriate legislation and all necessary social and educational measures to protect children from all forms of abuse and exploitation and provide treatment and social support for victims and their carers. Seventeen years later, Australian child advocates are wondering where those services are, especially for those outside state capital cities. More importantly, where is the justice system that protects children and caters for victims of sexual abuse?Australia, in common with other former British colonies, inherited the Westminster adversarial system, described by Mallon and White (1995, p. 50, cited in McGrath 2005) as:
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Dziedzic, Anna, and Mark McMillan. "Australian Indigenous Constitutions: Recognition and Renewal." Federal Law Review 44, no. 3 (September 2016): 337–61. http://dx.doi.org/10.1177/0067205x1604400301.
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The Anglo-Australian legal system has not readily recognised Indigenous constitutions. The absence of such recognition does not, however, deny that Australia's Indigenous nations have had constitutions for thousands of years and continue to do so. In this article, we explain how Indigenous laws, institutions and systems of authority are constitutional. Using the constitutions of the Gunditjmara peoples and Ngarrindjeri nation as examples, we identify three dimensions of Indigenous constitutions in Australia: first, the foundation of Indigenous constitutions in the continuing and inherent authority of Indigenous nations; secondly constitutional features deriving from Indigenous law; and thirdly the use in Indigenous constitutions of institutions and processes that also have status under Australian law. We suggest that this new understanding of Indigenous constitutions provides a basis for contributing to current efforts in Indigenous constitution-making and to the development of a more inclusive understanding of the Australian constitutional system.
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Robertson, James. "DNA evidence in the Australian legal system." Australian Journal of Forensic Sciences 49, no. 2 (April 20, 2016): 234–35. http://dx.doi.org/10.1080/00450618.2016.1161575.
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Barker, David. "Australian Legal Education – A Short History." Acta Universitatis Lodziensis. Folia Iuridica 99 (June 30, 2022): 9–17. http://dx.doi.org/10.18778/0208-6069.99.02.
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This article examines the history and development of legal education in Australia by tracing the establishment of university law schools and other forms of legal education in the states and territories from the time of European settlement in 1788 until the present day. It considers the critical role played by legal education in shaping the culture of law and thus determining how well the legal system operates in practice.
It argues that Australian legal education can satisfactorily meet the twin objectives of training individuals as legal practitioners, whilst providing a liberal education that facilitates the acquisition of knowledge and transferable legal skills.
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Johnston, Jane. "Court on Camera: Television Coverage of Australian Legal Proceedings." Media International Australia 100, no. 1 (August 2001): 115–27. http://dx.doi.org/10.1177/1329878x0110000112.
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Despite widespread legal analysis and critical review over the past 20 years, television access into the Australian court system has been slow and piecemeal, with Australia falling behind Canadian and New Zealand initiatives in this area. A recent major report into camera access in the Federal Court has refocused attention on this area, but analysis continues to be primarily from a legal perspective rather than a media one. This paper considers the televised court coverage in Australia to this point, analyses change in the international environment and suggests possible futures for the televising of Australian courts, while also attempting to lay some foundations for discussion beyond the legal, and into the media, domain.
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Manin, Iaroslav. "Legal regime of subsoil use in Australia." Административное и муниципальное право, no. 2 (February 2021): 54–68. http://dx.doi.org/10.7256/2454-0595.2021.2.34270.
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The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.
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Bainbridge, Jason. "‘Rafferty's Rules’: Australian Legal Dramas and the Representation of Law." Media International Australia 118, no. 1 (February 2006): 136–49. http://dx.doi.org/10.1177/1329878x0611800116.
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This paper explores the problems involved in representing the Australian legal system on film and television, how these problems are addressed, and what commentary these texts are making about the practice of law in Australia. It is suggested that the formal and dress requirements of the Australian legal system make the trial process a ritual based around the reification of the lawyer and the stigmatisation of the accused — in short, a degradation ceremony — and that Australian legal dramas reflect this. But because of this lack of dynamism in the courtroom, Australian legal dramas must seek alternative sits of drama — often domestic, and invariably outside the courtroom. In this way, they present a more holistic view of the lawyer/judge's life, reinterpreting court proceedings (and the institution of law itself) as a repressed set-up by actively displacing dramatic tension outside the courtroom, thus denying the courtroom the centrality it occupies in American representations and, by extension, American culture.
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Rowe, Gerard C., and Rob Brian. "Meeting the Needs of Comparative and International Legal Research in Australia: A Library Project—A Report and Proposal*." International Journal of Legal Information 20, no. 3 (1992): 238–64. http://dx.doi.org/10.1017/s0731126500007939.
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Common Law systems have always practiced a fairly consistent comparative legal research and scholarship. Initially through the mere exportation of rules and principles from England this was a somewhat centripetal comparative law but it has passed through various modes of radial, circumferential, centrifugal and ultimately polycentric comparisons and cross-fertilizations. Nevertheless, this exercise in comparative law, also in Australia, has remained largely within the boundaries of the Common Law world. It is no longer possible for legal research to be conducted wholly within the boundaries of a single legal system, even that of the enlarged Common Law. Legal researchers need to look beyond the borders of their own jurisdictions. Hardly any legal system today is capable of operating without international interactions requiring a knowledge of foreign legal systems, and many legal problems, or socio-economic problems which law must help to solve, may find useful models elsewhere. In Australia there are needs for reform in fields such as intellectual property, banking or consumer law, and for providing qualified advice including predictions of developments in foreign legal systems to ensure that foreign commerce and trade is fully informed of potential benefits and disadvantages to be found under foreign law. Australia must also be able to take its proper place in fields such as international environmental protection, and to take advantage of potentially beneficial developments in dispute resolution techniques. All of these situations are ones in which, by looking outside their national and even Common Law framework, Australian legal researchers will be better placed to provide concrete benefits to Australian society.
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Boyle, Liam. "The Significant Role of the Australia Acts in Australian Public Law." Federal Law Review 47, no. 3 (July 3, 2019): 358–89. http://dx.doi.org/10.1177/0067205x19856501.
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The Australia Acts accomplished more than symbolic change. They brought about a super-structural change to Australian constitutional law, and shortly afterwards a fundamental change to the public law jurisprudence in Australia emerged. This article presents an argument that these changes are inextricably intertwined and that the Australia Acts provided a significant catalyst and a tipping point for fundamental change to the Australian legal system.
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Voytovich, E. A. "Constitutional and legal bases for the formation of the Senate of the Australian Commonwealth." Journal of Law and Administration 16, no. 1 (April 11, 2020): 36–41. http://dx.doi.org/10.24833/2073-8420-2020-1-54-36-41.
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Introduction. The article is devoted to the organizational and legal issues of formation of the Senate of the Commonwealth of Australia. The author analyses the foundations of the constitutional regulation of the formation of the Senate. Now there are no works exploring in detail the manner the Senate of the Australian Commonwealth is formed.Materials and Methods. To create the article, the author used the works of Australian scholars in the field of constitutional law, as well as a number of legal acts regulating the issues addressed in the article. The methodology of the study was based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods).Research Results. The author has considered specific characteristics of the Senate and in particular the constitutional norm establishing the system where senators are elected directly by the people of each entity of the Australian Commonwealth. The author also analyses the formation of the electoral system applied to formation of the Senate of the Australian Commonwealth.Discussion and conclusions. In this article, the author draws attention to the stability and invariability of the foundations of Senate legal regulation, established by the Constitution of the Australian Union, approved by the British Parliament and signed by the British monarch. The author pays attention to the peculiarities of the formation of the Australian legislature.
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Saee, John. "SOCIETAL ETHICS AND LEGAL SYSTEM FACING CONTEMPORARY MARKETING STRATEGIES: AN AUSTRALIAN INSIGHT." Journal of Business Economics and Management 6, no. 4 (December 31, 2005): 189–97. http://dx.doi.org/10.3846/16111699.2005.9636108.
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An integral function of Australian market economy is the process of matching products/services with customers’ needs, desires and preferences. This process is greatly facilitated by advertising. Advertising not only provides information for the consumers but may also be used by the advertiser to bring subconscious consumer preferences or inchoate desires to the surface and to stimulate the demand for consumption. In carrying out these tasks, the advertiser must decide the pitch of the advertisement, the appropriate media to be used, the budget, the degree of exposure of the advertisement, market segmentation and claims to be made for the product (Goldring et al, 1987). Australian firms, irrespective of their size, rely heavily on advertising to market their products and services. The degree to which firms see the crucial role of advertising in their overall marketing mix, is clearly reflected in their annual allocation of advertising expenditure. “In 1997, total Australian advertising expenditures were $ 7.5 billion on advertising” (Miller and Layton, 2000, p. 590) All creative and imaginative forms of enticements and inducements being considered in the development of advertising strategies by these firms in an attempt to evoke favourable consumers’ responses for their offerings. Over time, some firms have come under increasing criticism by some sections of the community for their inappropriate promotional strategies which are seen as out of step with general community values and standards. Further in some instances, it is alleged that these firms have not only miscarried their social responsibility, but they have also breached the law covering Trade Practices operative in Australia and New Zealand. Such misguided corporate behaviour has also sparked negative consumerism concern, which if no corrective measure is adopted, will strategically harm the firm profit and viability. This research paper attempts to explore in some detail, aspects of advertising strategies within contemporary management paradigm. The paper will also shed light on corporate ethics /social responsibility. Finally, this paper will address legal obligations and consumerism concerns surrounding firms operating within the Australian society.
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WILLMOTT, Lindy, Ben WHITE, Christopher STACKPOOLE, Shih-Ning THEN, Hongjie MAN, Mei YU, and Weixing SHEN. "Guardianship and Health Decisions in China and Australia: A Comparative Analysis." Asian Journal of Comparative Law 12, no. 2 (July 13, 2017): 371–400. http://dx.doi.org/10.1017/asjcl.2017.16.
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AbstractThis article compares the Australian and Chinese adult guardianship systems, and considers whether there is potential for drawing on some (or many) aspects of the Australian model for the Chinese legal framework. Australia has a well-developed guardianship framework that provides mechanisms for making healthcare decisions when an adult is no longer able to do so. This framework has evolved over many years and, in some cases, individuals can decide about medical treatment in advance of the situation arising, or who should be the decision-maker if he or she later loses capacity. The current Chinese legal framework, on the other hand, is a fragmented one and comprises laws that were not designed to deal with how healthcare decisions can be made for a person without capacity. This article outlines the legal framework in both jurisdictions and considers whether, having regard to the fact that these two countries have different values and cultures, there are features of the Australian guardianship system that could inform the development of Chinese law.
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Campbell, Susan, and Alan Ray. "Specialist Clinical Legal Education: An Australian Model." International Journal of Clinical Legal Education 3 (July 18, 2014): 67. http://dx.doi.org/10.19164/ijcle.v3i0.119.
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<p>Clinical legal education in Australia traditionally has been based in generalist clinics, where the client and caseload intake is limited primarily by the financial means of clients rather than by the legal subject matter of their problems. The breadth and variety of legal problems which confront clinic students provide insight into and understanding of the operation of the legal system at the grass roots and the legal issues raised rarely seem to reflect directly the law the students have learnt in the classroom.</p><p>In recent years, for both educational and political reasons, Australian Universities have begun to develop specialised clinics, serving clients with problems in a particular area of law.</p><p>This article describes the operation of Monash’s specialised Family Law clinic and considers the factors which, in the Monash experience, have combined to ensure its stability and recognition, within the University and in the broader political context.</p>
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Baer, Hans A. "The Drive for Legitimation in Chinese Medicine and Acupuncture in Australia: Successes and Dilemmas." Complementary health practice review 12, no. 2 (April 2007): 87–98. http://dx.doi.org/10.1177/1533210107302933.
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This article examines the drive for legitimation on the part of Chinese medicine and more specifically acupuncture in Australia. It examines the development of Chinese medicine in Australia, the road to statutory registration of Chinese medicine in Victoria, and the niche of Chinese medicine within the context of the Australian plural medical system. Despite the opposition of organized medicine, the Victorian Parliament passed the Chinese Medicine Registration Act in May 2000, making Victoria the only Australian political jurisdiction to formally regulate Chinese medicine practitioners and acupuncturists. The legal status of Chinese medicine and acupuncture outside of Victoria resembles that of naturopathy and other natural therapies, such as Western herbalism and homeopathy, none of which has achieved statutory registration in any Australian jurisdiction. Chinese medicine has a distinct identity within the context of the Australian plural medical system. Conversely, acupuncture, as one of the modalities of Chinese medicine—and in Western societies its principal modality—has been incorporated into various other heterodox medical subsystems, particularly chiropractic, osteopathy, and naturopathy, as well as conventional systems, such as biomedicine and physiotherapy.
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Williams, George. "The Legal Assault on Australian Democracy." QUT Law Review 16, no. 2 (June 17, 2016): 19. http://dx.doi.org/10.5204/qutlr.v16i2.651.
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<p><em>Recent years have seen fierce public debate on whether Australia’s parliaments are passing laws that undermine fundamental democratic values, such as freedom of speech and freedom of association. Such debate has tended to focus on a few contentious laws, including s 18C of the Racial Discrimination Act 1975 (Cth), s 35P of the Australian Security Intelligence Organisation Act 1979 (Cth) and Queensland’s anti-bikie legislation. This article conducts a survey of the federal, state and territory statute books in order to determine whether such examples are isolated, or indicative of a broader trend. It identifies 350 instances of laws that arguably encroach upon rights and freedoms essential to the maintenance of a healthy democracy. Most of these laws have entered onto the statute book since September 2001. The article finds that the terrorist attacks of that month marked a watershed moment in the making of Australian laws, and that since that time parliamentarians have been less willing to exercise self-restraint by not passing laws that undermine Australia’s democratic system.</em></p>
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Taylor, Veronica L. "A new focus: Australian perspectives on the Japanese legal system." Japanese Studies 13, no. 3 (December 1993): 1–3. http://dx.doi.org/10.1080/10371399308521843.
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Bain, Alan. "Issues in the Integration of Regular and Special Education: An Australian Perspective." Australian Journal of Education 36, no. 1 (April 1992): 84–99. http://dx.doi.org/10.1177/000494419203600108.
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The purpose of this paper is to examine issues in the integration of Australian special education service delivery. Initiatives to combine regular and special education have become a focus of special education policy both in Australia and overseas in recent years. This trend will be examined from an Australian perspective. Problems associated with the implementation of integrated service delivery will be discussed and a rationale presented for the use of educational legislation as a basis for service delivery in an integrated system. The paper will also consider the viability of a legislative approach within the Australian legal constitutional framework.
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Fuller, Jacqueline. "The David Eastman case: The use of inquiries to investigate miscarriages of justice in Australia." Alternative Law Journal 45, no. 1 (November 4, 2019): 60–65. http://dx.doi.org/10.1177/1037969x19886348.
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The wrongful conviction of David Harold Eastman in the Australian Capital Territory represents one of Australia’s most recent and high-profile public failures of the criminal justice system and highlights the limits of the Australian legal system. Further, the Eastman case draws into question the use of inquiries into miscarriages of justice, particularly when an inquiry’s recommendations can be disregarded by governments (as it was in this instance). This article provides an overview of the Eastman case and critically evaluates how it sheds light on the use of inquiries as an avenue to investigate and correct wrongful convictions more broadly in Australia.
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Kain, Jennifer S. "Standardising Defence Lines: William Perrin Norris, Eugenics and Australian Border Control." Social History of Medicine 33, no. 3 (October 8, 2018): 843–59. http://dx.doi.org/10.1093/shm/hky075.
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Abstract This article investigates the policy and practice of Australia's so-called ‘eugenic phase’ of border control embedded within the 1912 Immigration Act. It highlights the efforts of the first London-based Commonwealth Medical Officer - Dr William Perrin Norris - who designed a medical bureaucratic system intended to keep ‘defectives’ out of Australia. Norris' vision is revealed to be befitting of his character, experience, and a passion for uniformity which went beyond his legal jurisdiction. In examining the associated political debates, procedural instructions and the practicalities of the legislation, this article advances a more nuanced historical understanding of this period of Australian border control, and traces the evolution of the idiot and insane prohibited immigrant clause in the first quarter of the twentieth century.
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Powell, Claire. "Comparison and Co-existence: Sources and Purpose of Authority in the Australian, Madayin and Talmudic Legal Systems." Udayana Journal of Law and Culture 1, no. 2 (July 31, 2017): 141. http://dx.doi.org/10.24843/ujlc.2017.v01.i02.p04.
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This article will compare Australian, Madayin and Talmudic law in terms of their respective sources and purposes. It will focus on the characterisation of each system to highlight conceptual similarities and differences which affect their operation and, in particular, their commensurability with other systems. Specific areas of law concerned with coexistence are identified as being both crucial and particularly problematic. Notwithstanding Australian government statements and High Court rulings asserting the sovereignty of Australian law, it will be argued that no legal system is self-contained Accommodations are essential and require legislators to grapple with the difficulties of reconciling differing conceptualisations using an informed comparative framework. Talmudic law is considered here as an example of a system which has demonstrated the ability to coexist adaptively with a variety of other systems without compromising its integrity.
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Gao, Jia. "Politics of a Different Kind: Chinese in Immigration Litigation in the Post White Australia Era." Cosmopolitan Civil Societies: An Interdisciplinary Journal 3, no. 1 (April 4, 2011): 103–20. http://dx.doi.org/10.5130/ccs.v3i1.1786.
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The first mass Chinese immigration to Australia occurred in the 19th century, with approximately 100,000 Chinese arriving between the 1840s and 1901 (Fitzgerald 2007; Ho 2007), during which questions were raised both in relation to the Chinese rights of migration and settlement in Australia, and the validity of the government's actions against the Chinese. The latter question was in fact considered in the colonial courts (Cronin 1993; Lake and Reynolds 2008). Since then, the Chinese in Australia have never shied away from taking various legal actions, although they are normally seen as people who keep to themselves. Australia abandoned its 'White Australia' policy in 1974, and lately Australia has placed more emphasis on skilled and business migration. As a result, many believe that Chinese migrants have come to Australia under its normal skilled, business or family migration programs, which ignores the fact that a high proportion of them have obtained their chance to stay in Australia directly or indirectly through a series of legal battles. This paper contributes to the discussion of the Chinese in Australian political life by looking at how the Chinese have fought in the Courts in the post-White Australia era in past decades, and the key features of their unique experiences. This is a different type of political activism, characterising the lives of many Australian Chinese, their engagement with the Australian political system, and becoming part of the background of their identity, transnationality, socio-political attitudes and behaviour and many other traits.
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Dalton, Vicki. "Death and Dying in Prison in Australia: National Overview, 1980–1998." Journal of Law, Medicine & Ethics 27, no. 3 (1999): 269–74. http://dx.doi.org/10.1111/j.1748-720x.1999.tb01461.x.
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This paper discusses the role of the Australian Institute of Criminology (AIC) in monitoring inmate deaths in custody on a national basis. It also provides a descriptive overview of Australian Indigenous and non-Indigenous inmate deaths in custody during the eighteen-year period between 1980 and 1998.In October 1987, the Royal Commission into Aboriginal Deaths in Custody (RCIADIC) commenced investigating the deaths of Australia's Indigenous people in custody throughout Australia between January 1, 1980 and May 31, 1989. RCIADIC's task was to examine the circumstances of the deaths; the actions taken by authorities; and the underlying causes of Indigenous deaths in custody, including social, cultural, and legal factors. The investigation found that the major factor contributing to the high number of Indigenous deaths in custody was the disproportionately higher rates at which Indigenous people come into contact with the criminal justice system. RCIADIC concluded that the most significant reason for this contact was the severely disadvantaged social, economic, and cultural position of many Indigenous people.
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Gutman, Judy. "The Reality of Non-Adversarial Justice: Principles and Practice." Deakin Law Review 14, no. 1 (August 1, 2009): 29. http://dx.doi.org/10.21153/dlr2009vol14no1art130.
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The growth, development and institutionalisation of alternative dispute resolution (ADR) processes in Australia have paved the way for a changing legal culture. Whilst the adversarial process underpins the Australian legal system, the theory and practice of ADR has allowed a broadening of attitudes towards conflict resolution. In Victoria, collaborative rather than adversarial approaches to justice have been put into practice in ‘problem-solving courts’. This development evidences an institutional shift from adversarial justice towards the greater inclusion of non-adversarial dispute resolution processes. Contemporary best practice lawyering demands recognition and acceptance of this change. Legal educators and regulators must also act on the new reality of lawyering.
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Saigal, Siddharth. "Beyond the Native Title horizon: A multifaceted vision for Indigenous empowerment in contemporary Australia." Verfassung in Recht und Übersee 54, no. 4 (2021): 508–27. http://dx.doi.org/10.5771/0506-7286-2021-4-508.
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This article advocates for empowering Australia’s Indigenous custodians through innovative legal devices with respect to their traditional lands. This is because Indigenous Australians possess certain rights and duties that are unique to their being. Regrettably, these rights have crystallised into an aging Native Title system inherently characterised by Crown supremacy and Indigenous subservience. In exploring the Native Title machinery through the lens of Australia’s colonial legacy, this article illuminates the many injustices in containing a dynamic and complex culture within the unforgiving parameters of this outdated system. Thus, a great inequity exists at the very foundation of Native Title when those most adversely affected by colonial dispossession are inadequately protected. Nevertheless, contemporary legal precedents are increasingly recognised as significant developments in expanding a legal universe rooted in the proscriptive common law tradition. Achieving ‘case-by-case’ reform is ultimately overshadowed by the financial, emotional and physical burdens placed upon Indigenous litigants. Beyond the Native Title horizon lies an unchartered territory, a place where Indigenous autonomy can coexist within legal systems of land governance. In this innovative spirit, Australian lawmakers are challenged to adopt a co-governance scheme modelled on New Zealand’s Te Awa Tupua Act to empower Indigenous Australians and dismantle entrenched principles of anthropocentric environmentalism.
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Baines, Charlotte. "A Delicate Balance: Religious Autonomy Rights and lgbti Rights in Australia." Religion & Human Rights 10, no. 1 (February 11, 2015): 45–62. http://dx.doi.org/10.1163/18710328-12341277.
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This article addresses a research gap by analysing the way the Australian legal system is balancing the right to religious autonomy of organisations and the right of lgbti individuals not to be discriminated against, and considers what ought to be the case. I argue that the Australian legal system recognises the value of religious freedom on the one hand, and on the other hand, does not place a high priority on protecting it as an existing human right. My findings reveal that the Australian legal system is not always defining the religion and society relationship in ways that reflect the lived reality of religion in society. The issue is compounded by the wording of religious exemptions under anti-discrimination law which is contested within faith communities. As a consequence, religious freedom can be unfairly restricted. I conclude with recommendations to improve the status quo.
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Gray, Peter R. A. "Do the Walls Have Ears? Indigenous Title and Courts in Australia." International Journal of Legal Information 28, no. 2 (2000): 185–212. http://dx.doi.org/10.1017/s0731126500009070.
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Australia has always been a place of legal pluralism. Before the British colonists brought with them the common law and the statute law of England, there were indigenous systems of law. Indeed, there were very many of them. They did not cease to exist just because English law was imported. Sadly, for over 200 years, their existence was not officially recognised by the Anglo-Australian legal system. In 1992, in Mabo v State of Queensland [No.2], the High Court of Australia did more than “invent” native title. It made this nation officially a legally pluralist one. The common law now recognises, and gives effect to, indigenous law with respect to land tenure and, possibly, with respect to other aspects of life and death as well. Native title is what indigenous law says it is, no more and no less, except to the extent that non-indigenous law operates to “extinguish” or “impair” native title. The first inquiry in any application for a determination of native title must be as to the continuing existence of an indigenous legal system and the manner in which that legal system deals with entitlements in relation to the relevant land. If such a system survives and gives entitlement to people, it must then be asked whether non-Aboriginal law has “extinguished” or “impaired” those entitlements. In truth, this inquiry is as to whether the non-indigenous legal system has withdrawn its recognition of those entitlements, because of its creation of interests, or recognition of activities, incompatible with the continuing existence of indigenous entitlements. The entitlements continue to exist in indigenous law, despite any “extinguishment” or “impairment.”
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Sweet, Linda. "Breastfeeding Throughout Legal Separation: Women’s Experiences of the Australian Family Law System." Journal of Human Lactation 26, no. 4 (September 14, 2010): 384–92. http://dx.doi.org/10.1177/0890334410371333.
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Williams, Jacqueline. "Soils Governance in Australia: challenges of cooperative federalism." International Journal of Rural Law and Policy, no. 1 (March 26, 2015): 1–12. http://dx.doi.org/10.5130/ijrlp.i1.2015.4173.
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This paper analyses soil governance in Australia and the challenges facing sustainable natural resource management within the context of a cooperative system of federation and a globalised market economy. With only 6 per cent of the Australian landmass considered arable, one would assume that protecting Australia’s valuable soil resource would be of national significance. However, Australia currently lacks nationally consistent policies and legal instruments to ensure that its soil is protected, maintained and enhanced for future generations. While recognising that soil governance is a broad discipline encompassing many areas of soil science and management, this discussion will only focus on the soil conservation aspects of sustainable ecosystems and sustainable food and fibre in Australia; it will not explore in depth issues of soil contamination and other pollution related areas. The paper discusses: the state of Australian soils and the managers of these resources; current soil governance in Australia (based on the Food and Agriculture Organisation of the United Nations definition); and a case study example of an Australian state approach to landuse conflict and the protection of agricultural lands. The paper highlights policies and institutional arrangements required for the protection of Australian soil and the very communities that are attempting to steward these resources for future generations.
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Chelani, Ashoka, and Fasusi Olayinka. "Letters to the Editor." Journal of System Safety 54, no. 1 (April 1, 2018): 4–6. http://dx.doi.org/10.56094/jss.v54i1.81.
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“Safer than Safe Enough” – Australia leads the way?
The technical paper in the International System Safety Society’s (ISSS) Journal of System Safety Winter 2017 issue on “How Safe is Safe Enough? Acceptable Safety Criteria from an Engineering and Legal Perspective” by Martin Chizek is an interesting read, especially for Australian readers. This letter briefly talks about how Australian Workplace Health and Safety (WHS) legislation provides a framework for “Safer than Safe Enough” from a different engineering and legislative perspective.
Generating Sustainable Income for ISSS
I carefully read the points raised by Charles Hoes in his “TBD” column published on pages 6 and 7 of the Spring 2016 issue of Journal of System Safety. He raised some important issues concerning the future of the International System Safety Society (ISSS) and shared other thoughts regarding funding, vision and the relevance of the Society.
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Cradduck, Lucy. "E-conveyancing: a consideration of its risks and rewards." Property Management 38, no. 1 (September 3, 2019): 25–36. http://dx.doi.org/10.1108/pm-04-2019-0021.
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Purpose The purpose of this paper is to examine current Australian e-conveyancing processes to identify its rewards and the risks requiring specific attention in order to protect consumers and ensure ongoing trust in the system. Design/methodology/approach Doctrinal legal research engaging with statutory and precedential case law; related policy documents and governmental agreements; academic and other related writings; news materials and Property Exchange of Australia documentation. Findings E-conveyancing rewards have received greater understanding than the inherent risks, which needs to be corrected by educating users and consumers. Originality/value The research adds to the academic literature in this emerging area of legal risk.
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Wu, Di. "Legal Coherence and Judicial Activism in Australia." World Journal of Social Science Research 7, no. 4 (October 17, 2020): p46. http://dx.doi.org/10.22158/wjssr.v7n4p46.
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The principle of legal coherence and the role of judicial activism are active but controversial topics in in Australian common law. Usually, the application of the principle of legal coherence lead to a different award compared to judicial activism. Both of them have contradiction and restrict mutually, which have their own implications but safeguard the judicial system to develop cautiously. So I would like to discuss the benefits and limitations of application of legal coherence and judicial activism by examples of HCA cases.
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Asher, Rachael. "Unresolved Injustice: An Examination of Indigenous Legal Issues in Australia." Udayana Journal of Law and Culture 4, no. 2 (July 30, 2020): 146. http://dx.doi.org/10.24843/ujlc.2020.v04.i02.p02.
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Indigenous legal issues are to some extent a neglected and misunderstood subject in the Australian political and legal sphere. Where there is unresolved injustice, there is suffering. Similarly, where there is misunderstanding, there is ignorance. Therefore, the purpose of this paper is to explore Indigenous legal issues and potential solutions through an examination and analysis of relevant sources. The subjects of discussion in this paper include the limited extent that Aboriginal customary law is recognised under Commonwealth law; the impact of Australian law on Indigenous people; the over-representation of Indigenous people in the criminal justice system; the inadequate state of Indigenous property rights; and comparative law methodology.
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Wood, Ellen, Paul Harpur, and Nancy Pachana. "Teaching an old dog new tricks: Using courthouse facility dogs in Australia." Alternative Law Journal 43, no. 2 (June 2018): 89–95. http://dx.doi.org/10.1177/1037969x18767694.
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Courthouse facility dogs are increasingly used to support child witnesses and complainants during testimony in courtrooms across the globe. Although already commonplace in the United States, this practice has been largely unexplored in the Australian context. This paper puts forward the case for courthouse facility dogs in Australia and offers some insight into striking the delicate balance between protecting defendants’ rights to a fair trial, and improving the efficiency and quality of the legal system for vulnerable witnesses and victims.
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Kolte, Shilpa G., and Jagdish W. Bakal. "Big Data Summarization Using Novel Clustering Algorithm and Semantic Feature Approach." International Journal of Rough Sets and Data Analysis 4, no. 3 (July 2017): 108–17. http://dx.doi.org/10.4018/ijrsda.2017070108.
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This paper proposes a big data (i.e., documents, texts) summarization method using proposed clustering and semantic features. This paper proposes a novel clustering algorithm which is used for big data summarization. The proposed system works in four phases and provides a modular implementation of multiple documents summarization. The experimental results using Iris dataset show that the proposed clustering algorithm performs better than K-means and K-medodis algorithm. The performance of big data (i.e., documents, texts) summarization is evaluated using Australian legal cases from the Federal Court of Australia (FCA) database. The experimental results demonstrate that the proposed method can summarize big data document superior as compared with existing systems.
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DE LA FERIA, RITA, and MICHAEL WALPOLE. "OPTIONS FOR TAXING FINANCIAL SUPPLIES IN VALUE ADDED TAX: EU VAT AND AUSTRALIAN GST MODELS COMPARED." International and Comparative Law Quarterly 58, no. 4 (October 2009): 897–932. http://dx.doi.org/10.1017/s0020589309001560.
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AbstractThe taxation of financial services is one of the most vexing aspects of a Value Added Tax (VAT). Conceptually, VAT should apply to any fee for service but where financial services are concerned there is a difficulty in identifying the taxable amount, ie the value added by financial institutions. As a result, most jurisdictions, including the EU, simply exempt financial services from VAT. Treating financial services as exempt, however, gives rise to significant legal and economic distortions. Consequently, a few countries have in recent years attempted an alternative VAT approach to financial services. Amongst these is Australia, which in 2000 introduced a Goods and Services Tax (GST) with a ‘reduced input tax credit’ system. This paper compares the current treatment of financial supplies, under a VAT-type system, in the EU and in Australia. The aim is to ascertain whether the Australian GST treatment of financial services is, as commonly thought, superior to the EU one, and consequently, whether introducing an Australian-type model should constitute a policy consideration for the EU.
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Otlowski, Margaret, Sandra Taylor, Kristine Barlowstewart, Mark Stranger, and Susan Treloar. "The Use of Legal Remedies in Australia for Pursuing Allegations of Genetic Discrimination: Findings of an Empirical Study." International Journal of Discrimination and the Law 9, no. 1 (September 2007): 3–35. http://dx.doi.org/10.1177/135822910700900102.
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Differential treatment on the basis of genetic status (genetic discrimination), has become an issue of international concern. The Genetic Discrimination Project (GDP) is an Australia-wide study which has empirically examined the nonmedical/health advantages and disadvantages for individuals who have gained specific information about their genetic status (typically through genetic testing). A major component of this project has been the Legal System Study which investigated and documented all cases involving allegations of genetic discrimination coming before anti-discrimination tribunals and other relevant bodies in Australia. Another major component of the project, the Consumer Study, investigated allegations of genetic discrimination from consumers of genetic tests. While the study identified a relatively small number of cases where allegations of genetic discrimination have been pursued under Australian anti-discrimination legislation, a key finding was the notable lack of uptake of legal remedies by those who may have experienced such discrimination. This paper explores possible factors contributing to this lack of uptake and makes recommendations to facilitate access to legal remedies by those who may have been subject to unlawful genetic discrimination.
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Geissler, Marie. "Contemporary Indigenous Australian Art and Native Title Land Claim." Arts 10, no. 2 (May 11, 2021): 32. http://dx.doi.org/10.3390/arts10020032.
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This paper investigates a select number of examples in which largely non-literate First Nation peoples of Australia, like some First Nations peoples around the world, when faced with a judicial challenge to present evidence in court to support their land title claim, have drawn on their cultural materials as supporting evidence. Specifically, the text highlights the effective agency of indigenous visual expression as a communication tool within the Australian legal system. Further, it evaluates this history within an indigenous Australian art context, instancing where of visual art, including drawings and paintings, has been successfully used to support the main evidence in native title land claims. The focus is on three case studies, each differentiated by its distinct medium, commonly used in indigenous contemporary art—namely, ink/watercolours on paper, (Case study 1—the Mabo drawings of 1992), acrylics on canvas (Case study 2—the Ngurrara 11 canvas 1997) and ochre on bark, (Case study 3—The Saltwater Bark Collection 1997 (onwards)). The differentiation in the stylistic character of these visual presentations is evaluated within the context of being either a non-indigenous tradition (e.g., represented as European-like diagrams or sketches to detail areas and boundaries of the claim sites in question) or by an indigenous expressive context (e.g., the evidence of the claim is presented using traditionally inspired indigenous symbols relating to the claimant’s lands. These latter images are adaptations of the secret sacred symbols used in ceremonies and painting, but expressed in a form that complies with traditional protocols protecting secret, sacred knowledge). The following text details how such visual presentations in the aforementioned cases were used and accepted as legitimate legal instruments, on which Australian courts based their legal determinations of the native land title.
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Ibrahim, Mohammad. "Constitutional Change: Towards Better Human Rights Protection in Australia." Constitutional Review 5, no. 2 (November 18, 2019): 248. http://dx.doi.org/10.31078/consrev523.
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Many legal scholars contend that Australia does not have a charter of rights in its Constitution. The legal scholar Rosalind Dixon, however, suggests that the Constitution does include some provisions that could be viewed as resembling a (partial) bill of rights. This constitutional framework might cause one to ponder whether human rights are adequately protected in the Australian constitutional system. This paper attempts to consider this question. It is argued that the protection of human rights under the Constitution, federal and state laws is not fully capable of responding to at least three human rights crises presented. Accordingly, the paper suggests that Australia should consider the idea of amending the Constitution in order to better human rights protection in the country. It offers suggestion that the Canadian model protection of human rights could be considered as one of the primary sources for reforms in the future.
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Zvieriev, Ie O. "Teoh’s case on legitimate expectations in interpretation of international treaties. Lessons for Ukraine." INTERPRETATION OF LAW: FROM THE THEORY TO THE PRACTICE, no. 12 (2021): 287–92. http://dx.doi.org/10.33663/2524-017x-2021-12-48.
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The article provides a detailed overview of a famous Teoh’s case decided by High Court of Australia in 1995, focusing mainly on the issue of legal interpretation of legitimate expectations arising from ratified international treaties not implemented into the domestic legal system. The abovementioned case has been considered a novel approach of the court acting in dualist state. This approach was, however not upheld in further jurisprudence of the Australian High Court namely due to quite harsh response of administrative bodies and subsequent legislation which has further been adopted to specifically address this issue by Australian parliament. This does not, however deny the case’s significance in terms of scholarly attention to interpretation issues it has raised. Ukraine can view this case as an example as it does have its own problems with the status and interpretation of international treaties in domestic legal system. Unlike common law countries adhering to dualist approach to international law reception, Ukrainian Constitution recognizes ratified international treaties to be part of domestic legislation automatically, however it is silent on the status of these treaties in Ukrainian domestic legislation which at times causes certain problems with their interpretation and implementation. The article makes a try to solve the abovementioned issues by referring future interpreters to an alternative approach of international treaties’ interpretation to Article 8 of the Constitution of Ukraine dealing with the rule of law principle. It is the author’s position stipulated in the article that applying Article 8 in terms of the interpretation of international treaties in Ukrainian domestic law enriches the argumentation and shall be viewed as primary source of application to the issue. Keywords: international treaties, interpretation, legitimate expectations, priority of international treaties, Australia, migration law, children’s rights.
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White, Jessica, and Patricia Easteal. "Feminist Jurisprudence, the Australian Legal System and Intimate Partner Sexual Violence: Fiction over Fact." Laws 5, no. 1 (March 2, 2016): 11. http://dx.doi.org/10.3390/laws5010011.
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Faux, Margaret, Jon Adams, Simran Dahiya, and Jon Wardle. "Wading through Molasses: A qualitative examination of the experiences, perceptions, attitudes, and knowledge of Australian medical practitioners regarding medical billing." PLOS ONE 17, no. 1 (January 21, 2022): e0262211. http://dx.doi.org/10.1371/journal.pone.0262211.
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Background Medical billing errors and fraud have been described as one of the last “great unreduced healthcare costs,” with some commentators suggesting measurable average losses from this phenomenon are 7% of total health expenditure. In Australia, it has been estimated that leakage from Medicare caused by non-compliant medical billing may be 10–15% of the scheme’s total cost. Despite a growing body of international research, mostly from the U.S, suggesting that rather than deliberately abusing the health financing systems they operate within, medical practitioners may be struggling to understand complex and highly interpretive medical billing rules, there is a lack of research in this area in Australia. The aim of this study was to address this research gap by examining the experiences of medical practitioners through the first qualitative study undertaken in Australia, which may have relevance in multiple jurisdictions. Method This study interviewed 27 specialist and general medical practitioners who claim Medicare reimbursements in their daily practice. Interviews were recorded, transcribed, and analysed using thematic analysis. Results The qualitative data revealed five themes including inadequate induction, poor legal literacy, absence of reliable advice and support, fear and deference, and unmet opportunities for improvement. Conclusion The qualitative data presented in this study suggest Australian medical practitioners are ill-equipped to manage their Medicare compliance obligations, have low levels of legal literacy and desire education, clarity and certainty around complex billing standards and rules. Non-compliant medical billing under Australia’s Medicare scheme is a nuanced phenomenon that may be far more complex than previously thought and learnings from this study may offer important insights for other countries seeking solutions to the phenomenon of health system leakage. Strategies to address the barriers and deficiencies identified by participants in this study will require a multi-pronged approach. The data suggest that the current punitive system of ensuring compliance by Australian medical practitioners is not fit for purpose.
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Zharova, Anna K. "Legal model for combating information inaccurate on the internet (on the example of Australia)." Gosudarstvo i pravo, no. 6 (2022): 142. http://dx.doi.org/10.31857/s102694520020522-5.
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A false sense of anonymity and impunity on the Internet leads to the emergence of such an offense as the dissemination of information that does not correspond to reality that violates the rights of third parties. Despite the legal responsibility for such actions, the number of such offenses on the Internet does not decrease. The Internet brings its own specifics to the regulation of emerging relations, for example, to determine the place and source of publication, the identity of the publisher requires information about all ongoing activity on the Internet, which is stored by Internet intermediaries. Accordingly, the system of organizational and legal mechanisms for regulating Internet relations should take into account the technological specifics of the activities of various Internet intermediaries. In the article analyzes the main changes in Australian legislation aimed at determining the responsibility of Internet intermediaries for the dissemination of information that does not correspond to reality; the stages of the formation of an organizational and legal system for preventing the dissemination of this information in the Australian segment of the Internet, as well as law enforcement practice.
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Behrendt, Larissa. "At the Back of the Class. At the Front of the Class: Experiences as Aboriginal Student and Aboriginal Teacher." Feminist Review 52, no. 1 (March 1996): 27–35. http://dx.doi.org/10.1057/fr.1996.4.
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This is a persona] account of an Aboriginal woman who went through the education system in Australia to obtain finally her law degree. Aboriginal people experience many hurdles in the education system. Many Aboriginal children feel alienated within the legal system which until recently focused on a colonial history of Australia, ignoring the experiences, indeed the presence, of indigenous people in Australia. The Australian government had a policy of not educating Aboriginal people past the age of 14. The author was one of the first generation that could go straight from high school to university. She speaks of the debt she feels towards the generations of her people that fought for her right to access to higher education. The author went on to become the first Aboriginal person to be accepted into Harvard Law School which brought different personal challenges and allowed for reflection on comparisons of the sensitivity towards race in both education systems. When the author returned to Australia, she took a position teaching at the University of New South Wales. She had to come to terms with working within a system that she had felt alienated within as a student. Her position at the front of the class has created a sense of empowerment that she can pass on to her Aboriginal and female students.
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Ng, Kenny. "Combating marine invasive alien species effectively in Australia." Asia Pacific Journal of Environmental Law 24, no. 1 (September 24, 2021): 41–65. http://dx.doi.org/10.4337/apjel.2021.01.02.
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Marine invasive alien species are sea-based organisms that are non-native to a marine ecosystem, and which can or have spread to a degree that has an adverse impact on biodiversity and human livelihoods. In a globalized and inter-connected world, the threats posed by marine invasive alien species are here to stay. Accordingly, it often has been lamented that the threats from marine alien species are too difficult to combat effectively. In Australia, these threats are exacerbated by the country's unique characteristics such as its sheer size, as well as its geographical and historical isolation from the rest of the world. More importantly for the purposes of this article, Australia's unique constitutional framework that entrenches its national system of federalism has led to complex power-sharing arrangements between the Commonwealth, and the State and Territory governments in the management of invasive alien species, which are arguably inadequate to combat marine invasive alien species effectively. In Australia, laws have been made to manage only one vector of marine invasive species, ballast water from vessels, but not for other vectors. This article analyses how marine invasive alien species are currently managed within the Australian legal framework, and discusses what can be done to improve the status quo in order effectively to control the spread of such foreign organisms. It argues with optimism that marine invasive alien species can be effectively managed under a strong legal framework that seeks to prevent their occurrence and minimize the negative impacts of their occurrence. Such a legal framework consists of sound domestic laws and institutions, the effects of which can be enhanced by greater international cooperation.
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Schofield-Georgeson, Eugene. "Undoing a model system: A new federal Custody Notification Service." Alternative Law Journal 43, no. 2 (June 2018): 108–12. http://dx.doi.org/10.1177/1037969x18765270.
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The Custody Notification Service is a legislative scheme to prevent Aboriginal deaths in custody. This article discusses proposed changes to the federal Custody Notification Service, that were before the federal Parliament in late 2017. It argues that the changes are inadequate, when compared with Custody Notification Service models in other Australian jurisdictions, primarily because the laws deprive Aboriginal people of important fair trial and custody rights. This article concludes by listing a range of legislative solutions proposed by Aboriginal organisations and legal representatives.
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Cheng, Jian Hui, Ran Zhao, and Cheng Jin. "Enlightenment from Australian Network Security Plan to Chinese Information Security." Advanced Materials Research 756-759 (September 2013): 2542–46. http://dx.doi.org/10.4028/www.scientific.net/amr.756-759.2542.
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With the development of information technology, the network information security is closely linked with national security. In order to resist the harmful information to safeguard national security, Australian government enforces network security plan. Its network of legal norms and such practices as real-name system, national information security have a certain degree of enlightenment to China.