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Journal articles on the topic 'Discriminatory legislation in Queensland'

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Author: Grafiati

Published: 10 December 2022

Last updated: 28 January 2023

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1

Langton, M. "Koowarta: A Warrior for Justice: A Brief History of Queensland's Racially Discriminatory Legislation and the Aboriginal Litigants Who Fought It." Griffith Law Review 23, no. 1 (January 2, 2014): 16–34. http://dx.doi.org/10.1080/10383441.2014.944004.

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2

Allom, Richard. "Queensland Heritage Legislation: A Commentary." Queensland Review 2, no. 1 (April 1995): 23–27. http://dx.doi.org/10.1017/s1321816600000258.

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3

Santa Ana, Otto. "The senator’s discriminatory intent." Language, Culture and Society 1, no. 2 (October 22, 2019): 168–93. http://dx.doi.org/10.1075/lcs.00015.san.

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Abstract This is a critical analysis of the discourse of an elected state official in the years leading up to the passage of arguably racist legislation. It was submitted to a U.S. court of law to support the plaintiffs’ claim that since the legislator publicly expressed racial bias against the groups of people affected by the law, then his legislation should be voided because the United States Constitution requires that laws treat citizens equally. The fact that critical discourse analytic findings have been entered into the U.S. courts leads to the question whether such analyses of public pronouncements May ever be permitted to serve as legally probative evidence.

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4

Careless, Paul. "Coal seam gas legislation of Queensland." APPEA Journal 49, no. 2 (2009): 590. http://dx.doi.org/10.1071/aj08063.

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An overview will be presented of the Queensland petroleum and environmental legislation relating to the exploration for and production of coal seam gas with three key focusses: a discussion of the statutory classification of coal seam gas as petroleum and the relevant statutory regulatory regime, which applies particularly with respect to competing or coincident minerals such as coal and coal gasification products; a description of the principal features and requirements for both exploration and production tenures, including land access and compensation obligations. Reference will be made to associated environmental authorities and licences, and particular environmental issues such as the containment and disposal of water will be brought to the surface as a part of production operations; and, how the legislation has sought to deal with the coordination of exploration and production operations between coal seam gas, conventional coal mining and the more recent technology of underground coal gasification with respect to the same areas. The paper will conclude with a discussion of areas of ongoing concern and difficulty including the ability to transport associated water through pipeline systems, land access and gas storage in natural underground reservoirs.

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5

Green, Shane K. "Is Canada's Stem Cell Legislation Unwittingly Discriminatory?" American Journal of Bioethics 7, no. 8 (August 7, 2007): 50–52. http://dx.doi.org/10.1080/15265160701465353.

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6

McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.

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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.

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7

MOON, BRUCE. "REFORMING THE QUEENSLAND LAND-USE PLANNING LEGISLATION." Australian Planner 35, no. 1 (January 1998): 24–31. http://dx.doi.org/10.1080/07293682.1998.9657805.

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8

Ortigâo Ramo, Diogo. "Portuguese Legislation: Discriminatory Taxation of Foreign Pension Funds." EC Tax Review 19, Issue 2 (April 1, 2010): 97–99. http://dx.doi.org/10.54648/ecta2010011.

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9

North, Roger. "A NEW PETROLEUM ACT FOR QUEENSLAND." APPEA Journal 31, no. 1 (1991): 475. http://dx.doi.org/10.1071/aj90042.

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Secure title is necessary for petroleum exploration and production. Without it, he who spends the risk money may not reap the rewards. The Petroleum Act 1923-1990 is the Queensland legislation under which exploration and production titles are granted. It is 1923 legislation which has been amended from time to time. It suffers from uncertainties in areas including application and granting procedures, and title transfer and administration procedures. The Petroleum Act by its terms requires the provisions of the Mineral Resources Act 1989-1990 to be read into it and this has emphasised the need for amendment and preferably replacement. There are indications that a review of the Petroleum Act will be carried out in the near future. To minimise the possibility of unfavourable replacement legislation, the industry must address and decide the principles it favours.

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10

Mazroui, Tif Said Suhail Al, Maathir Mohammed Saud Al Alawi, Mohammed Muneerali Thottoli, Duaa Suleiman Amur Al Hoqani, and Noor Talal Hamed Al Shukaili. "The Need for Harmonizing Value Added Tax Legislation in Gulf Cooperation Council." Constitutionale 3, no. 1 (June 30, 2022): 59–76. http://dx.doi.org/10.25041/constitutionale.v3i1.2570.

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The elimination of discriminatory value added tax (VAT) laws on commodities are required for the proper functioning of the Gulf Cooperation Council (GCC) single market. The proper functioning of a single market entails the elimination of discriminatory internal VAT regulations of imported goods or services. Hence, the purpose of this study is to empirically examine the need for harmonizing VAT legislation among GCC countries. The data of this study was collected through a variety of sources, including the ministry's website, VAT law for each country, published articles, and other online data sources/websites with regards to VAT. The data were statistically evaluated using Microsoft Excel. The dependent variable in this study is Harmonization. The factors affecting Value Added Tax Legislation are also called independent variables. Through this search, they harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. That helps to know the challenges faced by GCC companies due to discriminatory VAT regulations and double taxation. There is a need to harmonize VAT legislation in the GCC countries to maximize the effectiveness of tax laws. This study adds value by assessing the present state and the need for harmonizing VAT legislation in the GCC countries. The timely approach of the study will help policymakers, regulators, and practitioners to understand the importance of harmonizing VAT legislation in the GCC.

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11

Gilroy-Scott, Clare, and James Dalglish. "New Anti-Discrimination Legislation." Legal Information Management 4, no. 1 (March 2004): 56–59. http://dx.doi.org/10.1017/s1472669603001130.

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From December 2003, for the first time, people looking for work and those in jobs or training will have a right to complain about discriminatory behaviour based on their sexual orientation and religion or religious belief. Similar protection against discrimination based on age should also some into force in 2006. It seems clear that these regulations represent a significant step forward in addressing unfair discrimination in the UK and in achieving a certain level of uniformity and coherence across discrimination legislation.

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12

Duhs, Ted, and Alan Duhs∗. "Universities and freedom of information legislation in Queensland." Journal of Tertiary Education Administration 17, no. 1 (May 1995): 63–79. http://dx.doi.org/10.1080/1036970950170106.

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13

Wilson, B. A., V. J. Neldner, and A. Accad. "The extent and status of remnant vegetation in Queensland and its implications for statewide vegetation management and legislation." Rangeland Journal 24, no. 1 (2002): 6. http://dx.doi.org/10.1071/rj02001.

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Vegetation classification, survey and mapping provide key information underpinning the implementation of statewide vegetation management legislation and associated policies in Queensland. This paper summarises: (i) the Queensland Herbarium survey and mapping methods and land classification system and its role in vegetation management legislation; and, (ii) the current extent and rate of vegetation clearing by bioregion, sub-region and Broad Vegetation Group; (iii) and the amount of vegetation protected under legislated statewide bioregional and regional ecosystem thresholds. Information also is provided on the pre-clearing and current extent by 18 Broad Vegetation Groups and the area of non-remnant woody vegetation by bioregion. The implications for vegetation management are discussed, along with a comparison of clearing statistics derived from other studies that use different classification and mapping methodologies. The majority of Queensland has relatively continuous native vegetation cover (82% remnant native vegetation remaining in 1999). The productive soils of the southern part of the Brigalow Belt, lowlands in South-east Queensland, New England Tableland and Central Queensland Coast have been, however, extensively cleared with 7–30% of remnant vegetation remaining. Between 1997 and 1999, the annual rate of remnant clearing in Queensland was 4460 km2 of which over 60% occurred in the Brigalow Belt bioregion. A greater proportion of this recent clearing occurred in Broad Vegetation Groups that are associated with less fertile and/or more arid parts of the State compared with pre 1997 clearing. For bioregions and regional ecosystems where past clearing has been extensive, a substantial proportion (50–91%) of the remaining vegetation is protected by bioregional and regional ecosystem thresholds prescribed under statewide legislation and associated policies. For other bioregions and regional ecosystems, other factors such as rainfall, soil and areas of high conservation value are likely to play a larger role in determining the amount of vegetation protected. However, the effectiveness of the Queensland legislation cannot be assessed until regional planning processes have been completed and all criteria addressed.

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14

Mujuzi, Jamil Ddamulira. "Reconciling Customary Law and Cultural Practices with Human Rights in Uganda." Obiter 41, no. 2 (October 1, 2020): 239–56. http://dx.doi.org/10.17159/obiter.v41i2.9148.

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Customary law has been part of Ugandan law for many years. Section 2 of the Local Council Courts Act, 2006 defines “customary law” to mean “the rules of conduct established by custom and long usage having the force of law and not forming part of the common law nor formally enacted in any legislation”. Ugandan courts have explained the relationship between customary law and other laws. In 1995, Uganda adopted a constitution that includes, among other things, a bill of rights that prohibits discriminatory and degrading laws and customs. This was informed during the making of the Constitution by the arguments of many Ugandans that discriminatory and degrading customary practices and laws should be abolished by the Constitution. In this article, the author illustrates the steps that have been taken by the drafters of the Constitution, Parliament (through legislation) and courts to outlaw discriminatory and degrading cultural practices. The author recommends ways in which some of these measures could be strengthened.

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15

Hall, Jay. "Editorial." Queensland Archaeological Research 6 (January 1, 1989): 2. http://dx.doi.org/10.25120/qar.6.1989.134.

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How quickly times change!. Only two QAR issues ago I spent the editorial page outlining the pros and cons of the then new piece of archaeologically protective legislation - The Cultural Record (Landscapes Queensland and Queensland Estate) Bill. However, with the sweeping into power of the Goss Labor government in the 1989 Queensland state election, it would appear that this new broom will sweep away this piece of legislation within the next year or so. The new cabinet Minister, Mr. Pat Comben, is in charge of the Environment and Heritage portfolio and appears to represent a new breed. He is on record as being committed to heritage matters at large, has already announced plans for new heritage legislation and has drawn up a list of historic buildings which may not be demolished by midnight bulldozers, chains and balls etc. without severe financial penalties. In sum this seems a heady and refreshing start in comparison to his predecessors in the National Party camp. We now live in the hope that the trend continues.

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16

Hall, Jay. "Editorial." Queensland Archaeological Research 4 (January 1, 1987): 2–4. http://dx.doi.org/10.25120/qar.4.1987.170.

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As 1987 comes to a close a very important piece of Queensland legislation is being repealed, an event which affects all archaeologists working in this state. I refer of course to the Aboriginal Relics Preservation Act 1967-76 which, since its enactment has served to protect Aboriginal cultural remains by making them the property of the crown. While it has come under quite a deal of fire over the years, especially for not providing for sites of Aboriginal cultural significance and for appearing to have little power to prevent the theft and vandalism of relics, it has worked quite well compared to similar acts in other states. I write now not to mourn its passing so much as to raise some skepticism regarding the piece of legislation that will take its place -- The Cultural Record (Landscapes Queensland and Queensland Estate) Bill.

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17

Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2017." Journal of Industrial Relations 60, no. 3 (April 20, 2018): 378–96. http://dx.doi.org/10.1177/0022185618760088.

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This article examines key industrial legislation passed by federal Parliament in 2017. The main development in federal industrial legislation for this year, which passed with bipartisan support, saw a weakened Coalition Government (forced from its traditional industrial relations (IR) stance) act to improve protections for vulnerable workers. This initiative introduced extended liability provisions regulating franchisors and holding companies. However, these provisions are a narrow response to an economy-wide problem because they do not establish measures to better regulate supply chains, labour hire and gig economy arrangements for the protection of vulnerable workers. Back in more familiar territory, the Coalition Government managed to implement part of its agenda to further regulate unions by establishing legislation that criminalises bargaining payments by employers to unions. A constitutional crisis over the citizenship status of federal Parliamentarians prevented the Coalition Government from passing legislation designed to curtail trade union activities. The article also considers significant State legislative developments including the introduction of mandatory labour hire licensing laws in South Australia and Queensland, industrial manslaughter laws in Queensland and regulation of ridesharing arrangements in Victoria. The article concludes by contrasting federal criminal penalties against union activity with civil penalties for businesses that exploit vulnerable workers, before suggesting future directions in industrial legislation.

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18

Goverment, Queensland. "Queensland biodiscovery industry and Biodiscovery Act." Microbiology Australia 31, no. 2 (2010): 71. http://dx.doi.org/10.1071/ma10071.

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Queensland is not just a beautiful place to live and visit. Behind the beauty is unparalleled biodiversity, unique tropical expertise and unsurpassed opportunities. Nowhere else on earth has such rich potential when it comes to our rainforests and reefs as sources of new drug discoveries. In Queensland we are proud of our natural assets and want to ensure biodiscovery is carried out in a sustainable manner. In 2004, the Queensland Government introduced best-practice legislation to create legal certainty for biodiscovery activities in the State. The Biodiscovery Act 2004 (Qld) provides sustainable access to Queensland?s biodiversity and fulfils Queensland?s commitment to Article 15 of the international Convention on Biological Diversity.

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19

Fisher, Rod. "‘Nocturnal demolitions’: The long march towards heritage legislation in Queensland." Australian Historical Studies 24, no. 96 (April 1991): 55–69. http://dx.doi.org/10.1080/10314619108595869.

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20

Blackmur, Douglas. "Arbitration, Legislation and Industrial Peace: Queensland in the Reconstruction Years." Labour History, no. 63 (1992): 115. http://dx.doi.org/10.2307/27509142.

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21

Anonymous. "Legislation to End Discriminatory Medicare Policy and Improve Mental Health Services." Journal of Psychosocial Nursing and Mental Health Services 39, no. 7 (July 2001): 8. http://dx.doi.org/10.3928/0279-3695-20010701-05.

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22

Olsen, H. F. "ESTUARINE MANAGEMENT AREAS: A PRIORITY RANKING SYSTEM." Marine Research in Indonesia 19 (May 10, 2018): 7–20. http://dx.doi.org/10.14203/mri.v19i0.369.

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The Queensland Fisheries Service is the instrumentality responsible for administration of fisheries matters within Queensland, Australia. The Fisheries Act provides legislation to protect, conserve, manage and develop the aquatic resources of the State. As a means of evaluating resource data a priority ranking system is proposed which provides for both quantitative and qualitative assessments of estuaries in terms of regional planning for best land use.

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23

Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.

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24

Bodnaruk, M. I., and A. V. Burka. "Legal regulatory anti-discrimination in job advertising: national and foreign experience." Analytical and Comparative Jurisprudence, no. 4 (November 27, 2022): 150–56. http://dx.doi.org/10.24144/2788-6018.2022.04.27.

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Despite the fact that in national legislation there is a direct, general ban on the use in advertising of statements and/or images that are discriminatory, as well as directly making claims of a discriminatory nature on the basis of race, skin color, gender, age, state of health, sexual orientation, etc. in advertisements about available vacancies, the latter (discriminatory job advertisements) will continue to be an "integral attribute" of the employment process. It is worth noting that discrimination against employees/candidates in job advertisements is widespread not only in Ukraine. Every country to a certain degree or another faces this type of discrimination, and as a result, the requirements are set at the legislative level for job advertisements, namely: their content, place of publication; cases are prescribed in detail, when advantages are still allowed for one or another reason; liability of employers for violations of legislation. The article provides a concise retrospective analysis of national legislative requirements regarding the prohibition of discrimination in the advertising of employment services; the provisions of the regulatory acts establishing the procedure for prosecuting advertisers for violations of anti-discrimination norms were analyzed. It was concluded that, in general, the changes made to the current legislation in the field of advertisers' responsibility deserve a positive assessment, but the question of the effectiveness of fines in the real fight against discrimination in practice remains open. A study of the existing legal requirements for job advertisements and liability for their violation in such countries as the USA, Australia, France, Germany, Great Britain was carried out. The comparative legal analysis of national and foreign legislation made it possible to conclude that: 1) the list of signs for which discrimination in job advertisements is prohibited is almost similar; 2) foreign legislation, generally, defines in sufficient detail the possibility of deviating from anti-discrimination requirements, in contrast to national legislation; 3) in foreign practice, there are also requirements regarding the place of publication, placement of advertisements, failure to comply with which may indicate hidden or indirect discrimination, but in Ukraine, as of today, there are no such requirements; 4) responsibility, as in Ukraine, in most cases comes in the form of fines, although warnings are also possible.

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25

Szmukler, George, and Frank Holloway. "Mental health legislation is now a harmful anachronism." Psychiatric Bulletin 22, no. 11 (November 1998): 662–65. http://dx.doi.org/10.1192/pb.22.11.662.

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Two recent developments have served to highlight the contradictory and discriminatory nature of UK mental health legislation, and indeed all ‘mental health’ acts. These are the Court of Appeal ruling in L. v. Bournewood (1997) and the increasing use of coercion in an attempt to alleviate society's fears of the dangers posed by the mentally ill in the community (Holloway, 1996). At the same time, a third development, the proposal for a Mental Incapacity Act, and the consequent Government Green Paper (Lord Chancellor's Department, 1997) Who Decides provides a framework rendering mental health legislation redundant.

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26

Hansen, Bradley. "Commercial Associations and the Creation of a National Economy: The Demand for Federal Bankruptcy Law." Business History Review 72, no. 1 (1998): 86–113. http://dx.doi.org/10.2307/3116596.

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Throughout the nineteenth century, merchants and manufacturers involved in interstate commerce sought federal bankruptcy legislation to overcome diverse and discriminatory state laws that raised the cost of credit and impeded interstate trade. In the last two decades of the nineteenth century, they formed a national organization to lobby for bankruptcy legislation. While many scholars have seen the passage of federal bankruptcy legislation as a response to the economic depression of the 1890s, this article shows that it was the formation of this national organization, rather than the economic crisis, that was the primary force behind the Bankruptcy Act of 1898.

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27

Lennon, Jane L. "Lisanne Gibson and Joanna Besley, Monumental Queensland: Signposts on a Cultural Landscape." International Journal of Cultural Property 13, no. 1 (February 2006): 121–23. http://dx.doi.org/10.1017/s0940739106000051.

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Lisanne Gibson and Joanna Besley, Monumental Queensland: Signposts on a Cultural Landscape. Pp. 268. $49.95. St Lucia, Queensland: University of Queensland Press, 2004.By surveying and documenting outdoor cultural objects, the authors of this book seek to inform communities about the significance of their public art objects and to provide a starting point for people to value such artworks as expressing what is unique about their experience and understanding of Queensland, Australia (p. 7). However, this begs the question of public value. People in colonial times (nineteenth century) gave private subscriptions to have public monuments and memorials erected, and currently, Queensland has a Public Art Agency whose enabling legislation makes it mandatory for all public works projects to fund public art works associated with and integral to new construction, as part of the “Art Built-In” program. Queenslanders clearly like monuments!

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28

Hoffman, Brian F. "Looking at Legislative and Judicial Views of Psychic Trauma - Fluctuating Recognition and Discrimination." Canadian Journal of Psychiatry 40, no. 8 (October 1995): 479–83. http://dx.doi.org/10.1177/070674379504000809.

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Objective To describe how Canadian courts and legislation have viewed psychic or emotional trauma in the past century and the principles that are used. Methods The author reviews major trends in legislation and judicial findings pertaining to emotional trauma and gives examples of the fluctuating and ambivalent recognition by the courts. Results The courts have progressed from refusing to acknowledge emotional trauma, to accepting emotional trauma when accompanied by physical trauma, and finally acknowledging emotional trauma even in the absence of physical injury and the “indirect” emotional trauma suffered by the relatives of victims. However, from time to time, the courts or legislation may appear to deny the distress, dysfunction or the rights of a person who suffers significant emotional symptoms after an injury. This occurred recently in Ontario where injured persons in motor vehicle accidents who suffered emotional trauma were not allowed to sue for compensation from June 1990 to January 1994. Combined efforts by a coalition of mental health professionals with victims of trauma at least partially reversed the discriminatory laws. Conclusions Psychiatrists must continue to play a vital role in the education of the courts, politicians and the public about the realities of emotional trauma and mental illness and their long-term impact so that fair compensation can be assessed by the courts and discriminatory legislation reversed.

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29

Zabalza, A., and Z. Tzannatos. "The Effect of Britain's Anti-Discriminatory Legislation on Relative Pay and Employment." Economic Journal 95, no. 379 (September 1985): 679. http://dx.doi.org/10.2307/2233033.

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30

DOLLERY, BRIAN. "LABOUR APARTHEID IN SOUTH AFRICA: A RENT-SEEKING APPROACH TO DISCRIMINATORY LEGISLATION*." Australian Economic Papers 29, no. 54 (June 1990): 113–27. http://dx.doi.org/10.1111/j.1467-8454.1990.tb00476.x.

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31

HOSKWG, STEPHEN, and HOWARD COOPER. "LABOUR APARTHEID IN SOUTH AFRICA: RENT-SEEKING APPROACH TO DISCRIMINATORY LEGISLATION: COMMENT." Australian Economic Papers 33, no. 63 (December 1994): 305–11. http://dx.doi.org/10.1111/j.1467-8454.1994.tb00867.x.

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32

P. Beale, J. "Comment on the efficacy of Queensland nature conservation legislation in relation to Acrodipsas illidgei (Waterhouse and Lyell) (Lepidoptera: Lycaenidae: Theclinae)." Pacific Conservation Biology 3, no. 4 (1997): 392. http://dx.doi.org/10.1071/pc980392.

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This discussion paper highlights shortcomings of the conservation regulations with respect to Illidge's Ant-blue Acrodipsas iIIidgei (Waterhouse and Lyell). The legislation has many deficiencies which are not fully realized until they have been experienced first hand. A. illidgei provides a case study of an unforeseen practical effect of Queensland conservation legislation, namely the actual hindering of conservation through the regulations controlling scientific activities and amateur collecting and study. The permit regulations appear virtually impossible to enforce and probably have no significant effect on collecting activity. Moreover, the legislation discourages the study and monitoring of listed species. A number of suggested measures to improve the efficacy of conservation legislation are indicated.

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33

Assimakopoulos, Stavros. "Incitement to discriminatory hatred, illocution and perlocution." Pragmatics and Society 11, no. 2 (July 13, 2020): 177–95. http://dx.doi.org/10.1075/ps.18071.ass.

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Abstract Even though there seem to be no objectively defined criteria about what constitutes hate speech, a lot of legislation and policy making currently aims at combating it. This paper sets out to define hate speech under its standard legal understanding of ‘incitement to discriminatory hatred’, by adopting a speech-act theoretic perspective. My main proposal is that the Austinian distinction between illocution and perlocution can be pivotal in this process, since hate speech may be an illocutionary act that is typically tied to the recognition of a speaker’s intention to incite discriminatory hatred, but one which can only be defined if one takes into account its speaker’s intended perlocutionary effects; that is, the intention of the speaker to trigger a particular kind of response from some audience. Against this backdrop, I turn to show how a reworked Searlean notion of felicity conditions can be usefully applied in the delineation of hate speech under this legal conception.

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34

Taylor, Cheryl. "‘The Mighty Byronian Olympus’: Queensland, the Romantic Sublime and Archibald Meston." Queensland Review 11, no. 1 (April 2004): 1–16. http://dx.doi.org/10.1017/s1321816600003524.

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Archibald Meston (b. 1851) is remembered as the framer in Queensland of the 1897 Aboriginal Protection Act, legislation which he later helped to implement as Southern Protector. From 1870 until his death in 1924, he published hundreds of articles, stories, poems and letters in Queensland and New South Wales newspapers. While by no means distinguished as literature, this mass of material invites attention not only for its diverse discourses on Indigenous people, but also because it helped to shape the idea of Queensland held by residents and outsiders. The state's history, natural history and geography are Meston's most frequent subjects. This essay seeks to understand further the ideological significance of his journalistic construction of Queensland by examining the connections cultivated in his writings with the poetry of the Romantics, Byron and Shelley, and their American successors, Longfellow and Poe.

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35

Douglas, Heather, and Tamara Walsh. "Continuing the Stolen Generations: Child Protection Interventions and Indigenous People." International Journal of Children’s Rights 21, no. 1 (2013): 59–87. http://dx.doi.org/10.1163/157181812x639288.

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Indigenous Australian children are significantly over-represented in out of home care. Figures evidencing this over-representation continue to increase at a startling rate. Similar experiences have been identified among native peoples in Canada, the United States and New Zealand. Drawing on interviews with lawyers who work with Indigenous parents in child protection matters in Queensland, Australia, this article examines how historical factors, discriminatory approaches and legal structures and processes contribute to the high rates of removal and, we argue, to the perpetuation of the stolen generations.

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36

Gow, Laura, and Sam Middlemiss. "Equal pay legislation and its impact on the gender pay gap." International Journal of Discrimination and the Law 11, no. 4 (December 2011): 164–86. http://dx.doi.org/10.1177/1358229112440442.

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Equal pay legislation has been in existence for over 40 years in the UK and the legal rules dealing with equal pay have been consolidated and amended recently with the implementation of the Equality Act 2010. However, despite this, problems can still be identified with equal pay in the UK, most notably the continued existence of a sizeable gender pay gap. This article will outline the current legal rules on equal pay and analyse their effectiveness in addressing the issue of the gender pay gap. It is clear that a problem such as the gender pay gap is often caused in society by deeply held stereotypical, discriminatory views and in employment by employers (and some employees) with institutionalised discriminatory attitudes and behaviour. These causes of the gender pay gap militate against it being tackled solely by the law (specifically equality legislation). In this article we will undertake a comprehensive analysis of the topic and establish to what extent the current law can facilitate the necessary changes to eradicate this gap. In areas where it is not sufficiently robust to do this we will analyse what further changes are required through adjustments in the legal rules in the UK. Clearly, much is to be gained from eradicating the gender pay gap. However, there are a number of obstacles to achieving this, which are considered.

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37

Gray, Anthony. "The Constitutionality of Queensland's Recent (Legal) War on 'Bikies'." Deakin Law Review 19, no. 1 (August 1, 2004): 51–87. http://dx.doi.org/10.21153/dlr2014vol19no1art208.

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The Queensland government has responded to a perceived ‘criminal problem’ with motorcycle clubs by directly naming and declaring 26 motorcycle clubs. It supplements earlier legislation that provided for a court to make such an order, upon defined criteria. The effect of the declaration is that it becomes a criminal offence for participants in the declared organisation to associate. The legislation provides for minimum mandatory gaol terms for various offences, including the act of associating. This article argues that there are serious constitutional questions surrounding such legislation, including on the basis of Chapter III of the Constitution, and the extent to which a court’s institutional integrity is compromised by legislation of this nature.

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Shah, Niaz A. "Comment The 2006 Women Protection Act of Pakistan: An Analysis." Religion & Human Rights 5, no. 1 (2010): 1–10. http://dx.doi.org/10.1163/187103210x513620.

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AbstractThis note argues that the 1979 Hudood laws of Pakistan, especially the Zina Ordinance were discriminatory and led to the violations of rights of men and women, but women were the hardest hit victims. The new legislation in 2006 has remedied the situation and the state of human rights violations on the basis of Zina Ordinance has changed.

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Kloppers, Henk J., and Gerrit J. Pienaar. "The Historical Context of Land Reform in South Africa and Early Policies." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 2 (April 21, 2017): 706. http://dx.doi.org/10.17159/1727-3781/2014/v17i2a2183.

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The need for the current land reform programme arose from the racially discriminatory laws and practices which were in place for the largest part of the twentieth century, especially those related to land ownership. The application of these discriminatory laws and practices resulted in extreme inequalities in relation to land ownership and land use. This article provides an overview of the most prominent legislation which provides the framework for the policy of racially-based territorial segregation. It further discusses the legislative measures and policies which were instituted during the period from 1991 to 1997, aimed at abolishing racially-based laws and practices related to land and which eventually provided the basis to the current land reform programme.

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40

Cantor, Christopher H., and Penelope J. Slater. "The impact of firearm control legislation on suicide in Queensland: preliminary findings." Medical Journal of Australia 162, no. 11 (June 1995): 583–85. http://dx.doi.org/10.5694/j.1326-5377.1995.tb138547.x.

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41

Cowan, Paula. "From Exploitation to Innovation: The Development of Workers' Compensation Legislation in Queensland." Labour History, no. 73 (1997): 93. http://dx.doi.org/10.2307/27516504.

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42

Darity, William A., and Patrick L. Mason. "Evidence on Discrimination in Employment: Codes of Color, Codes of Gender." Journal of Economic Perspectives 12, no. 2 (May 1, 1998): 63–90. http://dx.doi.org/10.1257/jep.12.2.63.

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There is substantial racial and gender disparity in the American economy. As we will demonstrate, discriminatory treatment within the labor market is a major cause of this inequality. Yet, there appear to have been particular periods in which racial minorities, and then women, experienced substantial reductions in economic disparity and discrimination. Some questions remain: Why did the movement toward racial equality stagnate after the mid-1970s? What factors are most responsible for the remaining gender inequality? What is the role of the competitive process in elimination or reproduction of discrimination in employment? How successful has the passage of federal antidiscrimination legislation in the 1960s been in producing an equal opportunity environment where job applicants are now evaluated on their qualifications? To give away the answer at the outset, discrimination by race has diminished somewhat, and discrimination by gender has diminished substantially; neither employment discrimination by race or by gender is close to ending. The Civil Rights Act of 1964 and subsequent related legislation has purged American society of the most overt forms of discrimination, while discriminatory practices have continued in more covert and subtle forms. Furthermore, racial discrimination is masked and rationalized by widely-held presumptions of black inferiority.

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Rogers, James R., and Joseph Daniel Ura. "A majoritarian basis for judicial countermajoritarianism." Journal of Theoretical Politics 32, no. 3 (July 2020): 435–59. http://dx.doi.org/10.1177/0951629820927784.

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Judicial protection of disfavored minorities against oppressive legislation in majoritarian separation-of-power systems raises a puzzle: Why don’t legislative majorities enacting discriminatory legislation curb judicial power when judges use their power to protect minorities and stymie the legislation? We answer this question by showing that judicial protection of disfavored minorities can emerge as an unintended by-product of majoritarian politics. We develop a model that includes the two aspects of judicial review Alexander Hamilton discusses in The Federalist No. 78: Judicial protection of disfavored minorities against hostile popular majorities, and judicial protection of majority interests against legislative depredation. It is the institutional linkage between these functions that induces popular majorities, within limits, to side with judges against legislatures even when those judges protect minorities that popular majorities want to oppress.

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Neilsen, G. A., and F. J. Young. "HIV/AIDS, Advocacy and Anti-Discrimination Legislation—The Australian Response." International Journal of STD & AIDS 5, no. 1 (January 1994): 13–17. http://dx.doi.org/10.1177/095646249400500104.

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This paper will address the role of mass communication strategies in the reduction of HIV/AIDS discrimination in Australia. It will focus on the interdependence of mass communication and legislation in health promotion campaigns with particular reference to the Disability Discrimination Act 1992. This will be discussed in the context of other HIV/AIDS strategies in Australia. The public health impact of discrimination is explored in relation to HIV/AIDS and the role of anti-discrimination legislation is discussed. Public health legislation can serve as a symbolic reflection of public opinion or actively change it. Laws can transform the practices of both public and private institutions and thus decrease discrimination. They can also provide specific remedies for people adversely affected by discriminatory attitudes and practices. Mass communication can maximize the impact of legislation by promoting awareness of new laws and, more importantly, lead changes in the attitudes of the polity and the wider public.

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Gately, D. J. "QUEENSLAND PETROLEUM ACT — RUSTING ANACHRONISM OR WELL-OILED DISCRETION?" APPEA Journal 26, no. 1 (1986): 42. http://dx.doi.org/10.1071/aj85005.

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Petroleum legislation in Queensland has been in place for some 70 years. Today's explorer finds that many of his rights derive from concepts and practices formulated well before the advent of the complicated farmout and joint venture arrangements that increasingly form the framework of exploration activities.The primary tenement for exploration is the Authority to Prospect. However, the legislation is largely silent with respect to Authorities to Prospect, leaving the great bulk of issues arising out of that form of tenement to be determined by the Minster in his absolute and unfettered discretion; while the need for workable administrative practices will entail some uniformity, certainty as to the rights arising out of any Authority to Prospect can only be gained by reverting to the actual authority document.The explorer expects that his exploration rights (i) will not be unduly hampered by competing rights of land owners; (ii) will be capable of being dealt with and assigned in accordance with current industry practices; and (iii) will in the event of success lead to the grant to him of a production title. Those expectations are not entirely satisfied, and the paper recommends certain reforms, including:an express legislative statement that the holder of an Authority to Prospect has exclusive rights to explore in respect of the area the subject of his authority;that the holder of an Authority to Prospect satisfy the obligation to make compensation prior to entry by the lodging of a security bond;that compensation be determined at first instance in the Land Court;that the statutory right to the grant of a Petroleum Lease to the holder of an Authority to Prospect be restored.

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Lovtsov, Vladimir А. "“Now they are in Tambov in real mourning”: the anti-Semitic campaign of 1909–1912 in the Tambov Governorate." Tambov University Review. Series: Humanities, no. 190 (2021): 166–76. http://dx.doi.org/10.20310/1810-0201-2021-26-190-166-176.

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We examine the purpose, reasons and course of the anti-Semitic campaign of 1909–1912 in the Tambov Governorate, raised by the governor N.P. Muratov. On the basis of archival and memoir sources, the conflict between N.P. Muratov and the director of the Tambov music school S.M. Starikov is reconstructed, the main reason for which was the anti-Semitic views of the Tambov governor. The practices and approaches used by N.P. Muratov in the implementation of discriminatory legislation and his views in the context of their prevalence in the governor’s corps of the period under study are considered. The relevance of the research topic is associated with the need for a clearer understanding of the mechanisms and principles of interaction between the pro-vincial government and society in the Russian Empire in the early 20th century. It is concluded that, despite the discriminatory legislation against Jews in force in the Russian Empire, N.P. Mura-tov could not deprive S.M. Starikov of his post thanks to the support provided to him by the Im-perial Russian Musical Society. At the same time, the anti-Semitic views of N.P. Muratov do not reflect the views of the entire governor corps of this period or the officials of the Russian Empire as a whole.

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Barker, James, Sanjeev Pandey, Jackie McKeay, Kerynne Birch, and Matthew Paull. "Groundwater management – working with Queensland and EPBC regulation and processes." APPEA Journal 59, no. 2 (2019): 516. http://dx.doi.org/10.1071/aj18281.

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Onshore gas development projects are often referred for assessment under the Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act), administered by the Commonwealth Department of the Environment and Energy (DOEE), and coal seam gas projects may require additional assessment under the ‘water trigger’ legislation. Queensland Government approval is also required and both governments’ approval processes can intersect. The two processes may have different scope and timeframes, and these are important considerations for proponents bringing forward new gas supply and project expansions. As co-regulators, the Queensland Government and DOEE routinely look for opportunities to better align regulatory practices and ensure they remain contemporary and fit for purpose. In this context, they are exploring opportunities to improve the administration of requirements for Queensland gas projects to enhance the ability of regulators to assess project approvals, ensure compliance, improve process efficiency, and maintain high environmental standards.

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Williams, Paul D. "Queensland’s quandary." Queensland Review 29, no. 1 (December 26, 2022): 36–48. http://dx.doi.org/10.1558/qre.23431.

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Just as Queensland commemorated the centenary anniversary of the abolition of the state’s Legislative Council, the Labor government under Premier Annastacia Palaszczuk, a ‘strong’ leader during the contemporaneous COVID-19 pandemic, found itself embroiled in the most serious integrity quagmire of its seven-year history. Given Queensland’s long history of ‘strong’ – even autocratic – political leadership and compromised government integrity, this article posits three arguments: that the abolition of the Legislative Council and a century of political excess in Queensland since 1922 are broadly related; that legislation in Queensland remains largely ‘executive-made’ and not ‘parliament-made’ law; and that the presence of a democratically elected Legislative Council after 1922 would have mitigated if not prevented much of Queensland’s political excess over the past one hundred years. The article also offers a model for a reintroduced Legislative Council that, given electoral distaste for ‘more politicians’, is unlikely to be approved at referendum.

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Dashwood, Alan. "NON-DISCRIMINATORY TRADE RESTRICTIONS AFTER KECK." Cambridge Law Journal 61, no. 1 (March 7, 2002): 1–52. http://dx.doi.org/10.1017/s0008197302331507.

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IN its Keck judgment—famous or notorious according to taste—the Court of Justice drew a distinction, for the purposes of the application of the prohibition in Article 28 EC against measures having equivalent effect to quantitative restrictions (“MEEQRs”), between two categories of national measures. On the one hand were “product requirements”: measures specifying requirements to be met, in order to obtain access to the market of a Member State, by products coming from other Member States where they are lawfully manufactured and marketed, like the minimum alcohol requirement for fruit liqueurs in Cassis de Dijon (Case 120/78 [1997] E.C.R. 649). Such product requirements are liable to constitute MEEQRs, and therefore require specific justification, in order to escape prohibition, on one of the public interest grounds recognised by Community law. On the other hand was the category of measures described in the judgment as “provisions restricting or prohibiting certain selling arrangements”. An example was the legislation at issue in the main proceedings in Keck, which prohibited the resale of products below their purchase price, thereby depriving retailers of a form of sales promotion. Other examples, attested by the case law post-Keck, are measures regulating advertising methods, the kind of shop in which goods of a certain description can be sold, shops’ opening hours and Sunday trading. National provisions in this latter category are not normally such as to hinder trade between Member States under the test formulated by the Court in Dassonville (Case 8/74 [1974] E.C.R. 837, at para. 5), and so do not call for justification; not, that is, “so long as those provisions apply to all relevant traders operating within the national territory and so long as they affect in the same manner, in law and in fact, the marketing of domestic products and those from other Member States”: see Joined Cases C-267 and 268/9 [1993] E.C.R. I-6097, at paras. 15–17.

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Kim, Robert. "Under the Law: ‘Anti-critical race theory’ laws and the assault on pedagogy." Phi Delta Kappan 103, no. 1 (August 23, 2021): 64–65. http://dx.doi.org/10.1177/00317217211043637.

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A recent spate of state laws attempts to limit how much schools teach about critical race theory. Robert Kim surveys the current legislation, noting that they fail to grapple with actual problems in the teaching of history and often contain loopholes that reduce their impact. He also notes that, although states have power over school curricula, the courts have struck down laws related to school curricula when those laws appear to have a discriminatory purpose.

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