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1
White, Ben, and Lindy Willmott. "Future of assisted dying reform in Australia." Australian Health Review 42, no. 6 (2018): 616. http://dx.doi.org/10.1071/ah18199.
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The Voluntary Assisted Dying Act 2017 (Vic) will come into force in June 2019, becoming the first law in Australia in 20 years to permit voluntary assisted dying (VAD). This paper considers how other Australian states and territories are likely to respond to this development. It analyses three key factors that suggest that law reform is likely to occur in other parts of Australia: (1) the growing international trend to permit VAD; (2) social science evidence about how VAD regimes operate; and (3) changes to the local political environment. The paper argues that these three factors, coupled with the effect of Victoria changing its law, suggest that other VAD law reform is likely to occur in Australia. It also considers the different types of laws that may be adopted, including whether other states and territories will follow the very conservative Victorian approach or adopt more liberal models. What is known about the topic? Despite sustained law reform efforts in parliaments across the country, Victoria is the first Australian jurisdiction to pass a law permitting VAD in 20 years. What does this paper add? This paper addresses likely future trends in VAD law reform in Australia. Drawing on international developments, a growing body of social science evidence about how VAD regimes work in practice, and evidence about a changing local political environment, the paper argues that other states and territories in Australia will also enact laws about VAD. What are the implications for practitioners? The legalisation of VAD has significant implications for health professionals, health administrators and health systems. Understanding how reform may occur and what legal models may be considered supports participation in the law reform process and preparation for likely change.
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Rice, Simon. "Access to a Lawyer in Rural Australia: Thoughts on the Evidence We Need." Deakin Law Review 16, no. 1 (August 1, 2011): 13. http://dx.doi.org/10.21153/dlr2011vol16no1art92.
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NSW Law Society membership data 1988–2004 enables mapping over time of the presence and movement of private legal practice in rural NSW. The changing ratio of legal practices per 10 000 population is calculated against data from the Australian Bureau of Statistics. In short, while the rural population increases, the number of legal practices decreases at a much slower rate, resulting in an overall drop in the proportion of legal practices in the population. However, although some inferences could be drawn, the data do not go very far in illustrating the nature and degree of, and reasons for, the limits on access to law in rural Australia. One way of thinking about the further research that can be done is to consider the research implications of the many different ways the issue of rural access to law is expressed, and the different dimensions that are emphasised in those formulations.
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Cullen, Hayley J., Lisanne Adam, and Celine van Golde. "Evidence-based policing in Australia: an examination of the appropriateness and transparency of lineup identification and investigative interviewing practices." International Journal of Police Science & Management 23, no. 1 (March 2021): 85–98. http://dx.doi.org/10.1177/14613557211004618.
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Psychological research has been pivotal in influencing the way police forces globally approach and undertake criminal investigations. Increasing psychological research in recent years has led to the development of best-practice guidelines for conducting police investigations, across a number of key areas of criminal investigation. For example, procedures for creating and conducting lineups as recommended by the American Psychology-Law Society, and the UK-developed PEACE model for investigative interviewing, have both been of influence in Australia. However, the extent to which these evidence-based recommendations have been incorporated into policing practice within Australia is unclear. In this article, we conducted an exploratory review of publicly available policing documents within Australian states and territories, to determine the extent to which best practice lineup identification and investigative interviewing procedures have been adopted into police practice. The review revealed that for lineup identification procedures, many of the basic recommendations for conducting lineups were not incorporated into publicly available policing manuals. For investigative interviewing, it appeared on the surface that elements of the PEACE model were implemented within most Australian jurisdictions, albeit this was often not explicitly stated within policing documents. A key issue identified was a lack of (understandable) public transparency of policing procedure, as a number of Australian jurisdictions failed to have publicly available policing manuals or handbooks against which to evaluate their procedures. Therefore, we argue that there is a need for better collaboration between researchers and law enforcement in order to achieve evidence-based, transparent policing within Australia.
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Caruso, David R. A. "Public policy and private illegality in the pursuit of evidence." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 87–118. http://dx.doi.org/10.1177/1365712716674797.
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The public policy discretion at common law in Australia was established in the High Court case of Bunning v Cross. The discretion has subsequently been interpreted and applied to permit courts to exclude evidence obtained by improper, unlawful or illegal conduct on the part of ‘the authorities’. The discretion has not been held to be enlivened for exercise in circumstances where the impugned conduct is on the part of private persons unconnected with law enforcement. This article argues that this fetter on the availability of the public policy discretion has been wrongly interpreted from the decision in Bunning and that, to the extent that the fetter now forms part of the common law discretion, it should be abandoned. The argument is made on the basis of the language, context, development and rationale of the public policy discretion as conceived in Bunning. The statutory Uniform Evidence Law, which applies in certain Australian jurisdictions, enacts a public policy discretion in s. 138 drawn from the common law public policy discretion. The Uniform Evidence Law is examined to indicate the absence of any fetter to the s. 138 discretion applying only to conduct by authorities as a basis for revising the understanding of the common law discretion. The comparable powers to exclude unlawfully obtained evidence in the United States and United Kingdom are examined to distinguish the rationale of the Australian discretion as requiring a broader scope of application. The internet is considered as a modern advent permitting previously unknown capacity for private persons to unlawfully police each other. Private criminal investigation through the internet is argued to be a further basis to mark the need for the extension of the Australian public policy discretion to all persons not only the authorities. The overarching thesis of this article is to demonstrate why the Australian common law public policy discretion should be enlivened by improper, unlawful or illegal conduct, regardless of the source of that conduct.
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de Costa, Caroline M., Darren B. Russell, Naomi R. de Costa, Michael Carrette, and Heather M. McNamee. "Introducing early medical abortion in Australia: there is a need to update abortion laws." Sexual Health 4, no. 4 (2007): 223. http://dx.doi.org/10.1071/sh07035.
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Recent changes to Federal Therapeutic Goods Administration legislation have seen the limited introduction of the drug mifepristone to Australia for the purpose of early medical abortion. At the same time it has become evident that both methotrexate and misoprostol, licenced and available for other indications, are being used safely and appropriately for early abortion by Australian medical practitioners. Early medical abortion is widely practiced overseas where its safety and effectiveness are well supported by current evidence. However, abortion law in many states is still contained within the Criminal Codes and does not reflect current evidence-based abortion practice. In other states and territories restrictions on where abortions may be performed pose potential barriers to the introduction of mifepristone for medical abortion. There is an urgent need for abortion law to be clarified and made uniform across the country so that the best possible services can be provided to Australian women.
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Wilson, Nigel. "The influence of Professor J.H. Wigmore on evidence law in Australia." International Journal of Evidence & Proof 19, no. 1 (January 2015): 29–51. http://dx.doi.org/10.1177/1365712714561466.
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Lee, Taryn. "The Rights Granted to Indigenous Peoples under International Law." International Community Law Review 18, no. 1 (February 23, 2016): 53–71. http://dx.doi.org/10.1163/18719732-12341321.
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Indigenous peoples in Australia have been adversely affected by the process of colonisation by the British Crown. Despite Australia’s adoption of the United Nations Declaration on the Rights of Indigenous Peoples (‘Declaration’), there is little evidence that it is an effective means of redressing the historical wrongs suffered by Indigenous communities in Australia. This essay outlines the experience of Indigenous peoples in Australia and examines the utility of the Declaration in international law. While observing that Indigenous peoples have had limited engagement with the Declaration, there is still potential for the Declaration to affect change through its underpinning principles of the right to self-determination and the status of Indigenous peoples as distinct political groups.
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Porter, Jennifer. "Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness." International Journal of Evidence & Proof 25, no. 2 (April 2021): 93–114. http://dx.doi.org/10.1177/13657127211002287.
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The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there may be capacity for a different emphasis regarding the question of admissibility. This article considers the law currently operating in Western Australia, Queensland and South Australia to see whether or not, in the form of an audiovisual recording, the exercise of judicial discretion as to the question of the admissibility of confession evidence might be supported if the common law test of voluntariness was not a strict test of exclusion.
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Antoni, Veri. "THE POSITION OF INDIRECT EVIDENCE AS VERIFICATION TOOLS IN THE CARTEL CASE." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 26, no. 1 (June 25, 2014): 137. http://dx.doi.org/10.22146/jmh.16059.
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Indirect (circumstantial) evidence, either economic evidence or communication evidence, has been used in cartel cases in many countries such as United States of America, Japan, Australia, Brazil, Malaysia, and others. According to Indonesia criminal procedure law, the position of indirect (circumstantial) evidence is categorized as an indication (clue evidence) whereas according to Indonesia civil procedure law, indirect (circumstantial) evidence is categorized as presumption. Considering the characteristics the antimonopoly law which aims to find material truth, the position of indirect evidence is more properly said to be an indication. Owing to its status as an indication, indirect evidence should be exhibited together with the other direct evidence. Indirect evidenceatau bukti tidak langsung, baik bukti ekonomi atau bukti komunikasi, telah digunakan dalam kasus-kasus kartel di banyak negara, seperti Amerika Serikat, Jepang, Australia, Brazil, Malaysia, dan lain-lain. Menurut hukum acara pidana Indonesia, posisi bukti tidak langsung dikategorikan sebagai indikasi (bukti petunjuk), padahal menurut hukum acara perdata Indonesia, bukti tidak langsung dikategorikan sebagai praduga. Mengingat karakteristik hukum anti-monopoli yang bertujuan untuk mencari kebenaran materiil, posisi bukti tidak langsung lebih tepat dikatakan indikasi. Karena statusnya sebagai indikasi, bukti tidak langsung harus dipamerkan bersama dengan bukti langsung lainnya.
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Manwaring, Kayleen. "‘Click Here to (Dis)agree’: Australian Law and Practice in Relation to Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 127–49. http://dx.doi.org/10.54648/gplr2022015.
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This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little guidance. Additionally, the non-binding OAIC Guidelines, while referred to frequently in privacy determinations, appear to have little real effect in influencing the data practices of many firms. The article concludes that the current approach to regulating ‘consent’ has not provided adequate protections for consumers in light of extensive empirical evidence regarding consumer privacy preferences and attitudes regarding data practices. Australia, Data Protection, Privacy, Informed Consent
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Poole, WE, JT Wood, and NG Simms. "Distribution of the tammar, Macropus eugenii, and the relationships of populations as determined by cranial morphometrics." Wildlife Research 18, no. 5 (1991): 625. http://dx.doi.org/10.1071/wr9910625.
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Apparently once widespread throughout dense thickets in south-western Australia, the tammar is now much restricted in its distribution. On mainland Australia, isolated populations still persist in Western Australia, but in South Australia, where there is little remaining evidence to confirm that it extended beyond Eyre Peninsula, the wallaby is probably close to extinction. All originally recorded populations on five islands in Western Australia remain, but in South Australia all natural island populations, other than those on Kangaroo I., appear to be extinct. Morphometric analyses of crania representative of most known populations provide a means of assessing their relationships. Canonical variate analysis, the derivation of Mahalanobis distances and subsequent calculation of minimum spanning trees supported the existence of affinities within three major regional groups-a group predominantly from Western Australia, a group from Kangaroo and Greenly Is, South Australia, and a group from New Zealand-all apparently related via a population from Eyre Peninsula, presumably representative of a former widespread mainland population. By cranial criteria, feral tammars established in New Zealand are South Australian in origin although probably not introduced from Kangaroo I.
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Schmulow, Andrew. "Regulating the Regulator : Improving Consumer Protection under a Twin Peaks Regulatory Framework." International Review of Financial Consumers 3, No. 1 Apr 2018 (April 1, 2018): 1–14. http://dx.doi.org/10.36544/irfc.2018.1-1.1.
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Australia is in the midst of a financial regulatory crisis. Evidence of malpractice, fraud, criminality, contempt for the law, and the abuse of consumers on an industrial scale, all while Australia’s Twin Peaks regulators looked on, has come as a shocking surprise. The implications stretch well beyond Australia: they are relevant wherever the Australian ’Twin Peaks’ model has been adopted or is under consideration. This article argues that the Twin Peaks model must be analysed from the perspective of regulatory design, as well as implementation. The design - the architecture of Twin Peaks - remains optimal. However the implementation - the plumbing - requires urgent reforms. Drawing on the work of notable international scholars, this article proposes a new accountability framework for the two, peak regulators, in order to enhance their efficacy. In the process of rescuing Twin Peaks from its current inadequate plumbing, consumers may expect to enjoy levels of protection commensurate with those of a developed economy possessed of rule of law.
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Edwards, L. R. "The use of cockpit: voice recordings as evidence. Recent developments in Australia." Air and Space Law 10, Issue 3 (June 1, 1985): 176–80. http://dx.doi.org/10.54648/aila1985024.
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Khanal, Avishek, Mohammad Mafizur Rahman, Rasheda Khanam, and Eswaran Velayutham. "Are Tourism and Energy Consumption Linked? Evidence from Australia." Sustainability 13, no. 19 (September 28, 2021): 10800. http://dx.doi.org/10.3390/su131910800.
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Tourism contributes to the growth of an economy via earning foreign currencies and employment opportunities. However, tourism also contributes to greater energy consumption because of various tourist activities such as hotel accommodations and transportation. This study investigates the long-term cointegrating relationship between international tourist arrivals and primary energy consumption in Australia. In addition, the roles of gross domestic product, gross fixed capital formation, financial development, and total population on energy consumption are also examined. The study covered the last four decades (1976–2018) using data from the Australian Bureau of Statistics, BP Statistical Review, and the World Development Indicators. Augmented Dickey-Fuller, Phillips-Perron, Autoregressive distributed lag (ARDL) bound tests, Johansen and Juselius, Bayer-Hanck cointegration test, and several key diagnostic tests have been conducted to assess the relationship. The estimated results indicate that tourist arrivals, gross domestic product, and financial development have a significant long-run cointegrating relationship with energy consumption. Policy measures are suggested based on the findings of this study.
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Hopkins, Tamar. "Litigating Racial Profiling: The Use of Statistical Data." Law in Context. A Socio-legal Journal 37, no. 2 (September 3, 2021): 37–53. http://dx.doi.org/10.26826/law-in-context.v37i2.155.
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The use of statistical data to prove racial discrimination by police in individual cases is relatively novel in Australia. Based on a survey of international strategies, this article argues that statistical and social science data can play three critical evidential roles in litigation. Firstly, it can form part of the social context evidence used to influence the inferences that can be drawn from other evidence led in a case. Secondly it can influence the cogency of the evidence required for claimants to meet the standard of proof, and thirdly, it can be used to shift the burden of proof. Using these evidential methods, evidence of institutional racism can be used to assist in making findings of discrimination in individual cases. This article speculates on the role that statistics could have played in the Haile-Michael race discrimination claim that settled in 2013, and in the 2019 inquest into the death of Tanya Day.
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Banks, Peter B., and Nelika K. Hughes. "A review of the evidence for potential impacts of black rats (Rattus rattus) on wildlife and humans in Australia." Wildlife Research 39, no. 1 (2012): 78. http://dx.doi.org/10.1071/wr11086.
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The black rat (Rattus rattus) is among the world’s worst invasive species, having spread across the globe in close association with the spread of human settlement. It is the source of some of the worst diseases affecting humans and is thought to have had a devastating impact on native wildlife, especially in island ecosystems. Black rat is likely to have arrived in Australia with the first European settlers, making it among the first of many alien species to invade the continent, and it is now widespread. Yet, its impacts on local wildlife have largely been overlooked. Here, we review the potential for black rat impacts in Australia in terms of its role as a source of disease and threats to wildlife and humans. We first summarise the global evidence for black rat impacts as background to the potential threats it poses and then focus specifically on emerging evidence available for Australian systems. We found a significant gap in our understanding of the ecology of black rats and the ecological role that it plays in Australia. This is despite its role as a source of a diverse range of diseases affecting humans and wildlife and its actions as a predator and competitor of native wildlife in Australia and elsewhere.
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Pincus, Morton, Shivaram Rajgopal, and Mohan Venkatachalam. "The Accrual Anomaly: International Evidence." Accounting Review 82, no. 1 (January 1, 2007): 169–203. http://dx.doi.org/10.2308/accr.2007.82.1.169.
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We consider stock markets in 20 countries to investigate whether the accrual anomaly (Sloan 1996), characterized by U.S. stock prices overweighting the role of accrual persistence, is a local manifestation of a global phenomenon.We explore whether the occurrence of the anomaly is related to country differences in accounting and institutional structures, and examine alternative explanations for its occurrence. We find stock prices overweight accruals in general, with accruals overweighting occurring in countries with a common law relative to a code law tradition. Using firmlevel data on a country-by-country basis, we document the occurrence of the anomaly in four countries, Australia, Canada, the U.K., and the U.S., and also in a sample of American Depository Receipts (ADRs) of firms domiciled in countries where we do not detect the anomaly. Using country-level data, we confirm the anomaly is more likely to occur in countries having a common law tradition, and also in countries allowing extensive use of accrual accounting and having a lower concentration of share ownership. Additional analyses reveal that earnings management and barriers to arbitrage best explain the anomaly.
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Dagbanja, Dominic Npoanlari. "A SHIELD OR A SWORD? MIGRATION LAW AND POLICY AND MODERN SLAVERY IN AUSTRALIA." Studia Iuridica, no. 96 (July 7, 2023): 68–98. http://dx.doi.org/10.31338/2544-3135.si.2023-96.6.
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How might migration legislation and policies contribute to modern enslavement of migrants in Australia? Migration law and policy are a shield in the sense that they have been used and have the potential to be used to shield or protect trafficked individuals and those subject to modern slavery. Nevertheless, the state could be complicit in modern slavery through its migration law and policies exemplified by English language requirements for visas and for entering into certain professions. By placing the English language barrier between migrants and their economic and professional aspirations in obvious cases when a demand for proof of English language proficiency must not be made in the first place, the Australian Government and institutions create the environment conducive for excluding migrants from the professions and exposing them to economic abuse and exploitation. The stated basis of the English language requirements for Australian visas is that English language ‘is critical to getting a job’ and safely practising a profession and participating in Australian society. Yet migrants from non-exempt countries are required to sit for an English test when they apply for permanent resident visas (such as Subclass 186) and temporary visas (such as Subclass 485), even when they are present and already employed in Australia. Educational qualifications in English awarded by Australian and non-Australian tertiary educational institutions that satisfy the Australian study and qualification requirements are not the acceptable proof of competency in the English language. The effect of non-recognition of educational qualifications in English as proof of the English language ability is that visa applicants from non-exempt countries, even those present and working in Australia and/or who have completed a course of study in Australia, have to sit for an English language test. The content of this test bears no connection whatsoever with the English language used in practice. The test has an expiry date thereby tying migrants’ English language ability to the test expiry date, suggesting that once the test expires, so does their competency in English. Failing one component of the test requires resitting all the four components. Whereas an Australian educational qualification in English is required for admission to the legal, medical and nursing professions, the English language competence of migrants from non-exempt countries who hold the qualification is extracted from this qualification. Therefore, migrants cannot rely on the qualification as prove of their competency in English, even though the practice boards accept this same qualification as meeting the standards for admission to practise. The evidence disallowed or required to prove the English language capability both for Australian visas and to enter into the professions thus belies the stated purposes of the English language requirements. English is a global language that is spoken by different nationalities in different parts of the world. Therefore, taking a blanket approach that proficient speakers of English originate in the nations that are exempt from the English language requirements ignores the reality of English language usage. In these circumstances, the English language would seem a disguised legal and policy tool for gatekeeping, exclusion and nationality-based discrimination. The deliberate denial of the English language abilities of certain migrants and the stipulation of absurd and inexplicable evidentiary requirements as proof of the English language competency deprive such migrants of opportunity to enter into professions of their choice, ridicule and expose them to exploitation and modern slavery contrary to Australian values and legislation on equality and fair play.
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Sadiq, Sanusi Mohammed, P. I. Singh, and M. M. Ahmad. "DOES THE LAW OF ONE PRICE (LOP) HOLDS IN THE INTERNATIONAL BARLEY MARKETS." Agricultural Social Economic Journal 21, no. 4 (October 31, 2021): 251–66. http://dx.doi.org/10.21776/ub.agrise.2020.021.4.1.
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A price time-series data of barley for a period of 49 years (1970-2019) sourced from the FAO database was used to determine the horizontal market integration of barley among some selected major market players in barley trade in the world. The chosen markets are Australia, Canada, Iran, Turkey and the USA based on the availability of up-to-date large span data. The collected data were analyzed using inferential statistics- unit root tests, co-integration tests, unrestricted vector autoregressive model, Granger causality test and impulse response function. The empirical evidence showed that the law of one price (LOP) exists among the selected markets i.e. there is perfect price communication among the markets in the long run, thus highly integrated. Besides, Australian and Canadian markets established a long-run equilibrium, thus have a stable price in the long run. Furthermore, the import and export hubs of barley in the trade are Canadian, USA and Turkey markets while Iranian and Australian markets are large consumer markets. The empirical evidence showed Canadian and USA markets to be the major players in the trade while the Australian market is a follower in the trade. All the selected markets have promising future prices with a little inflationary trend which will owe to supply fluctuation. The reinforcement of physical infrastructure, the use of ICTs and well-defined consistent agricultural policy/market initiatives would thus lead to the global creation of a single uniform economic market for barley.
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Twining, William. "Freedom of Proof and the Reform of Criminal Evidence." Israel Law Review 31, no. 1-3 (1997): 439–63. http://dx.doi.org/10.1017/s0021223700015363.
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In recent years reform of the Law of Evidence has been the subject of renewed interest in many common law countries. Since the adoption of the Federal Rules, debate about wholesale reform has been relatively muted in the United States. But this is exceptional. Major reports have been produced in Australia, New Zealand, Canada, Scotland, and England. With the exception of Canada, most of these have led, or are likely to lead, to significant legislative changes. This period of reformist activity has coincided with a greatly increased interest in theoretical aspects of evidence and proof, sometimes referred to as “The New Evidence Scholarship”. The historical origins of these two movements are rather different, but their ways of talking and thinking about the subject are, of course, intimately connected.
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Goodin, Robert E., and Julian Le Grand. "Creeping Universalism in the Welfare State: Evidence from Australia." Journal of Public Policy 6, no. 3 (July 1986): 255–74. http://dx.doi.org/10.1017/s0143814x00004025.
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ABSTRACTThere are good reasons to suppose that the non-poor will infiltrate welfare programmes originally targeted on the poor. This paper discusses this phenomenon of ‘creeping universalisation’ and provides a number of possible explanations for it. Evidence is used from Australia to show that creeping universalisation does indeed occur, and to test the competing explanations. It is concluded that the most likely explanation for the phenomenon is individual behavioural responses: that is, the non-poor respond to the imposition of a means-test by re-arranging their affairs, legitimately or illegitimately, so as to pass the test.
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McGarrity, Nicola, and Keiran Hardy. "Digital surveillance and access to encrypted communications in Australia." Common Law World Review 49, no. 3-4 (February 26, 2020): 160–81. http://dx.doi.org/10.1177/1473779520902478.
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Australia’s counterterrorism laws have significantly expanded the powers of its law enforcement and intelligence agencies with regard to digital surveillance. In this article, we explain and evaluate Australia’s counterterrorism laws with respect to intercepting telecommunications, other forms of digital surveillance and access to encrypted communications. We focus on the statutory powers held by federal law enforcement agencies and the Australian Security Intelligence Organisation (ASIO), Australia’s domestic security intelligence agency. These powers confirm several important trends. They have further blurred the lines between intelligence and evidence and they have granted law enforcement and ASIO extraordinary powers to modify consumer technologies. They also create significant potential for conflict of laws across national boundaries. Significant strengthening of existing accountability mechanisms is needed to ensure public transparency and reduce opportunities for misuse.
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Khanal, Avishek, Mohammad Mafizur Rahman, Rasheda Khanam, and Eswaran Velayutham. "Exploring the Impact of Air Transport on Economic Growth: New Evidence from Australia." Sustainability 14, no. 18 (September 9, 2022): 11351. http://dx.doi.org/10.3390/su141811351.
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The COVID-19 pandemic has impacted all sectors of the tourism industry, particularly air transportation. However, air transport remains an important contributor to economic growth globally. Thus, this study examines whether air transport (a proxy for tourism) stimulates economic growth to validate the air-transportation-led growth hypothesis (ALGH) in the Australian context. To conduct the study, we analyse the asymmetric long-run and short-run impacts of the air passengers carried (a proxy for tourism) on the gross domestic product (GDP) in Australia. We use the nonlinear autoregressive distributed lag (NARDL) modelling approach on data for Australia from 1971 to 2019. We also examined the effects of selected control variables (i.e., energy consumption, financial development, socialisation, and urbanisation) on economic growth. In both the short and long run, we observed statistically significant asymmetric impacts of air transport on economic growth. The positive shocks in air transport propel the long-term growth of Australia’s economy. Additionally, according to the findings, negative shocks of air transport have a stronger detrimental impact on economic development than positive shocks.
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Carney, Terry. "Supported decision-making in Australia: Meeting the challenge of moving from capacity to capacity-building?" Law in Context. A Socio-legal Journal 35, no. 2 (December 1, 2017): 44–63. http://dx.doi.org/10.26826/law-in-context.v35i2.12.
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Supported decision-making models are widely commended, but legislation is scant; and, while various programs of decision-making support have been tried, evaluations are few and methodological rigor is largely absent. This article reviews Australian law and practice, law reform proposals, and trials of decision support programs, to assess what has been achieved so far in realising the aspirations of the Convention on the Rights of Persons with Disabilities of providing 'support' with 'safeguards'. Taking the example of a current control group evaluation of impacts of experientially derived training materials for supporters, the article discusses the role of evidence-based approaches to transitioning from substitute to supported decision-making through capacitybuilding programs for supporters of people with cognitive impairments.
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Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.
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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly with the traditional adversarial framework—which sees crime as contested between state and accused—legal representation for complainants is not unprecedented, and victims may already retain counsel for limited matters. Despite broader use of victim legal representation in the United States, Ireland and Scotland, and as recently considered by the Sir John Gillen Review in Northern Ireland, legal representation for sex offences complainants is only just developing in Australia. Notwithstanding recent reference to legal representation for complainants where sexual history or reputational evidence may be adduced, there exists no sufficient guidance as to how such representation may be integrated in the Australian criminal trial context. This article explores the implications of introducing such counsel in Australia, including the possible role of non-legal victim advocates.
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Tulich, Tamara. "Adversarial Intelligence? Control Orders, Tpims and Secret Evidence in Australia and the United Kingdom." Oxford University Commonwealth Law Journal 12, no. 2 (March 27, 2012): 341–69. http://dx.doi.org/10.5235/14729342.12.2.341.
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Hayward, Benjamin. "Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?" Federal Law Review 41, no. 2 (June 2013): 299–331. http://dx.doi.org/10.22145/flr.41.2.4.
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International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study of pro-arbitration judicial policy in recent arbitration-related Australian case law which touches upon the continuing applicability of the controversial 1999 Eisenwerk decision of the Queensland Court of Appeal. Against this pro-arbitration judicial policy context, this paper reviews five Eisenwerk-related cases handed down between 2010 and 2012. It concludes that despite pro-arbitration judicial policy being embedded as a requirement of reasoning in decisions under the International Arbitration Act 1974 (Cth), there is mixed evidence of such policy in the cases surveyed. This paper concludes that the extent to which this policy is evidenced largely corresponds with the degree to which contemporary decisions have departed from Eisenwerk.
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Olsen, PD, and TG Marples. "Alteration of the clutch size of raptors in response to a change in prey availability: evidence from control of a broad-scale rabbit infestation." Wildlife Research 19, no. 2 (1992): 129. http://dx.doi.org/10.1071/wr9920129.
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The claim that the clutch size of three species of raptor-the wedge-tailed eagle (Aquila audax), little eagle (Hieraaetus morphnoides) and brown goshawk (Accipiter fasciatus)-increased following the introduction and spread of the rabbit (Oryctolagus cuniculus) in Western Australia was tested by comparing historical data contained in oological collections for all 24 Australian diurnal raptors and eight owls over three time-periods: before introduction of the rabbit, during the heyday of the rabbit, and after successful broad-scale control. No significant changes were found in clutch size of the little eagle either in Western Australia or more-southerly Australia in general. Clutch size of the wedge-tailed eagle, brown goshawk and whistling kite (Haliastur sphenurus) decreased significantly after rabbit control. Clutches of two eggs were more common for the wedge-tailed eagle and those of three and four eggs were more prevalent for the brown goshawk when rabbits were uncontrolled than when controlled. These changes were not due to a shift in laying date, suggesting instead an adaptive response to changes in food availability.
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Taggart, Patrick L., Bronwyn A. Fancourt, Andrew J. Bengsen, David E. Peacock, Patrick Hodgens, John L. Read, Milton M. McAllister, and Charles G. B. Caraguel. "Evidence of significantly higher island feral cat abundance compared with the adjacent mainland." Wildlife Research 46, no. 5 (2019): 378. http://dx.doi.org/10.1071/wr18118.
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Context Feral cats (Felis catus) impact the health and welfare of wildlife, livestock and humans worldwide. They are particularly damaging where they have been introduced into island countries such as Australia and New Zealand, where native prey species evolved without feline predators. Kangaroo Island, in South Australia, is Australia’s third largest island and supports several threatened and endemic species. Cat densities on Kangaroo Island are thought to be greater than those on the adjacent South Australian mainland, based on one cat density estimate on the island that is higher than most estimates from the mainland. The prevalence of cat-borne disease in cats and sheep is also higher on Kangaroo Island than the mainland, suggesting higher cat densities. A recent continental-scale spatial model of cat density predicted that cat density on Kangaroo Island should be about double that of the adjacent mainland. However, although cats are believed to have severe impacts on some native species on the island, other species that are generally considered vulnerable to cat predation have relatively secure populations on the island compared with the mainland. Aims The present study aimed to compare feral cat abundance between Kangaroo Island and the adjacent South Australian mainland using simultaneous standardised methods. Based on previous findings, we predicted that the relative abundance of feral cats on Kangaroo Island would be approximately double that on the South Australian mainland. Methods Standardised camera trap surveys were used to simultaneously estimate the relative abundance of feral cats on Kangaroo Island and the adjacent South Australian mainland. Survey data were analysed using the Royle–Nichols abundance-induced heterogeneity model to estimate feral cat relative abundance at each site. Key results Cat abundance on the island was estimated to be over 10 times greater than that on the adjacent mainland. Conclusions Consistent with predictions, cat abundance on the island was greater than on the adjacent mainland. However, the magnitude of this difference was much greater than expected. Implications The findings show that the actual densities of cats at local sites can vary substantially from predictions generated by continental-scale models. The study also demonstrates the value of estimating abundance or density simultaneously across sites using standardised methods.
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Shaughnessy, PD, NJ Gales, TE Dennis, and SD Goldsworthy. "Distribution and abundance of New Zealand fur seals, Arctocephalus forsteri, in South Australia and Western Australia." Wildlife Research 21, no. 6 (1994): 667. http://dx.doi.org/10.1071/wr9940667.
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A survey to determine the distribution and abundance of New Zealand fur seals, Arctocephalus forsteri, in South Australia and Western Australia was conducted in January-March 1990. Minor surveys were conducted in the summers of 1987-88, 1988-89 and 1990-91. Although the surveys were primarily of black pups in breeding colonies, opportunity was taken to count fur seals of all age-classes, including those in non-breeding colonies. Pups were counted and, in more accessible and larger colonies, numbers of pups were estimated by a mark-recapture technique. The latter technique gave higher estimates than counting, and was considered more accurate. In South Australia, the seals extend from The Pages in Backstairs Passage to Nuyts Reef in the Great Australian Bight. In Western Australia, the range comprised islands on the south coast from the Recherche Archipelago to islands near Cape Leeuwin. There are 29 breeding localities; 13 are in South Australia and 16 in Western Australia. Eighteen of these have not been reported previously. The term ''breeding locality'' is used for aggregations of breeding colonies as well as for isolated breeding colonies. Estimates of the number of pups for the 1989-90 breeding season were 5636 in South Australia and 1429 in Western Australia. This leads to a population estimate of approximately 34600 seals in these two states (using a multiplier of 4.9). But such estimates of overall abundance must be treated cautiously as the multiplier incorporates estimates of population parameters not available for A. forsteri. Most of the population (77%) is in central South Australian waters (from Kangaroo Island to the southern end of Eyre Peninsula). With the estimate of 100 for a breeding colony in southern Tasmania, the population of New Zealand fur seals in Australia can be estimated at 34700. Historical aspects of some colonies are outlined and evidence for increases described. The largest breeding localities are at South Neptune Islands (1964 pups) and North Neptune Islands (1472). The combined Neptunes group accounts for 49% of the pup estimate for Australia. One-fifth of the pups are from colonies on Kangaroo Island and the nearby Casuarinas.
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Arcuri, Alessandra, Lukasz Gruszczynski, and Alexia Herwig. "Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand." European Journal of Risk Regulation 1, no. 4 (December 2010): 437–43. http://dx.doi.org/10.1017/s1867299x00000933.
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The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.
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Bates, Frank. "Evidence, Child Sexual Abuse and the High Court of Australia." International and Comparative Law Quarterly 39, no. 2 (April 1990): 413–19. http://dx.doi.org/10.1093/iclqaj/39.2.413.
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Fernandez, Joseph. "Journalists’ confidential sources: Reform lessons from recent Australian shield law cases." Pacific Journalism Review 20, no. 1 (May 31, 2014): 117. http://dx.doi.org/10.24135/pjr.v20i1.190.
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That journalism, especially journalism delving into serious impropriety, relies heavily upon a journalist’s ability to honour promises of confidentiality to sources, and therefore needs protection, has been well acknowledged. Former Attorney-General Philip Ruddock in proposing protection for journalists’ confidential sources—commonly referred to as shield law—in the first such major federal level initiative, said ‘[t]his privilege is an important reform to evidence law’ (Explanatory Memorandum, 2007); and in the circumstances then prevailing ‘the protection of journalists is too important an issue to wait’ (Philip Ruddock, Second Reading Speech, 2007). In one instance the court went so far as to say that the importance of source protection was ‘entirely unexceptionable and in accordance with human experience and common sense’ (Liu, 2010, para 51). Are journalists’ confidential sources better protected with the advent of statutory protection in several Australian jurisdictions? The media does not think so (MEAA, 2013). Former Attorney-General Mark Dreyfus observed towards the end of his term of office: ‘Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia’ (Dreyfus, 2013). The current Commonwealth government in relation to national uniform shield law is unclear. The Australian shield law framework beckons reform and recent events indicate some potential reform areas.
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Moulds, Sarah. "Parliamentary Rights Scrutiny and Counter-Terrorism Lawmaking in Australia." Journal of Southeast Asian Human Rights 3, no. 2 (December 5, 2019): 185. http://dx.doi.org/10.19184/jseahr.v3i2.13461.
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This paper evaluates the impact of pre and post-enactment scrutiny of Australia’s counter-terrorism laws enacted from 2001 until 2018. Parliamentary scrutiny of rights-engaging laws is particularly critical in the Australian content, as Australia relies on a parliamentary model of rights protection at the federal level. The evaluation framework employed in this Paper considers a range of evidence to provide a holistic account of the impact of legislative scrutiny on the content, development and implementation of Australia’s counter-terrorism laws. This includes consideration of the legislative impact of scrutiny on the content of the law, the role scrutiny plays in the public and parliamentary debate on the law, as well as the hidden impact scrutiny, may be having on policy development and legislative drafting. The results are surprising. This study finds that parliamentary rights scrutiny, particularly by parliamentary committees, has had a rights-enhancing (although rarely rights-remedying) impact on the counter-terrorism laws. Further, this research finds that the hidden or behind-the-scenes impact of parliamentary scrutiny provides a particularly fertile ground for improving the rights-protecting capacity of the Australian legislative scrutiny system. These findings and the evaluation framework employed in this Paper have application and benefits for other jurisdictions seeking to understand and improve the quality of their legislative scrutiny regimes.
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Christiansen, Thomas. "When Worlds Collide in Legal Discourse. The Accommodation of Indigenous Australians’ Concepts of Land Rights Into Australian Law." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 21–41. http://dx.doi.org/10.2478/slgr-2020-0044.
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Abstract The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.
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Oliver, Paul M., Paul Doughty, and Russell Palmer. "Hidden biodiversity in rare northern Australian vertebrates: the case of the clawless geckos (Crenadactylus, Diplodactylidae) of the Kimberley." Wildlife Research 39, no. 5 (2012): 429. http://dx.doi.org/10.1071/wr12024.
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Context The phylogenetic diversity and biogeography of most animal and plant lineages endemic to the Australian Monsoonal tropics remains poorly understood. Of particular note (and in contrast to many other tropical regions in both Australia and elsewhere) is the current paucity of evidence for diverse endemic radiations of restricted-range taxa. Aims To use recently collected material from major surveys of the Kimberley Islands, Western Australia, to expand on a previous study that provided preliminary evidence of very high levels of geographically structured phylogenetic diversity in a lineage of tiny geckos (Crenadactylus). Methods Mitochondrial (ND2) and nuclear (RAG-1) sequence data were used to estimate the relationships, phylogenetic diversity and timescale of diversification of all populations of Crenadactylus from northern Australia from which samples for genetic analysis were available. Key results In striking contrast to the two subspecies currently recognised in the Kimberley, our analyses confirm the existence of a notable diversity of highly divergent and apparently allopatric lineages within the Kimberley, including at least 10 that are estimated to date to the late Pliocene/early Miocene (or earlier) and seven that we recognise as candidate new species. Most of this diversity is concentrated in the high-rainfall zone along the western edge of the Kimberley. Key conclusions A growing number of genetic datasets are revealing northern Australian vertebrate clades characterised by the juxtaposition of deeply divergent and highly geographically structured genetic diversity on the one hand, and major geographic gaps in sampling that impede full assessment of the distribution and taxonomic significance of this diversity on the other. Implications There is a pressing need for further surveys, voucher material and phylogenetic analyses to allow us to properly understand the diversity, biogeography and conservation needs of the northern Australian biota.
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Woinarski, J. C. Z., S. M. Legge, L. A. Woolley, R. Palmer, C. R. Dickman, J. Augusteyn, T. S. Doherty, et al. "Predation by introduced cats Felis catus on Australian frogs: compilation of species records and estimation of numbers killed." Wildlife Research 47, no. 8 (2020): 580. http://dx.doi.org/10.1071/wr19182.
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Abstract ContextWe recently estimated the numbers of reptiles, birds and mammals killed by cats (Felis catus) in Australia, with these assessments providing further evidence that cats have significant impacts on Australian wildlife. No previous studies have estimated the numbers of frogs killed by cats in Australia and there is limited comparable information from elsewhere in the world. AimsWe sought to (1) estimate the numbers of frogs killed by cats in Australia and (2) compile a list of Australian frog species known to be killed by cats. MethodsFor feral cats, we estimated the number of frogs killed from information on their frequency of occurrence in 53 cat dietary studies (that examined stomach contents), the mean number of frogs in dietary samples that contained frogs, and the numbers of cats in Australia. We collated comparable information for take of frogs by pet cats, but the information base was far sparser. Key resultsFrogs were far more likely to be reported in studies that sampled cat stomachs than cat scats. The mean frequency of occurrence of frogs in cat stomachs was 1.5%. The estimated annual per capita consumption by feral cats in Australia’s natural environments is 44 frogs, and, hence, the annual total take is estimated at 92 million frogs. The estimated annual per capita consumption by pet cats is 0.26 frogs, for a total annual kill of one million frogs by pet cats. Thirty native frog species (13% of the Australian frog fauna) are known to be killed by cats: this tally does not include any of the 51 threatened frog species, but this may simply be because no cat dietary studies have occurred within the small ranges typical of threatened frog species. ConclusionsThe present study indicated that cats in Australia kill nearly 100 million frogs annually, but further research is required to understand the conservation significance of such predation rates. ImplicationsThe present study completed a set of reviews of the impacts of cats on Australian terrestrial vertebrates. Cat predation on Australian frogs is substantial, but is likely to be markedly less than that on Australian reptiles, birds and mammals.
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Mia, Parvez, Tarek Rana, and Lutfa Tilat Ferdous. "Government Reform, Regulatory Change and Carbon Disclosure: Evidence from Australia." Sustainability 13, no. 23 (November 30, 2021): 13282. http://dx.doi.org/10.3390/su132313282.
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This paper examines the effect of two Australian environmental regulatory changes, specifically the Clean Energy Act (CEA) 2011 and the National Greenhouse and Energy Reporting (NGER) Act 2007 with reference to voluntary corporate carbon disclosure practices. In doing so, it describes the brief history of this carbon-related regulatory change, its scope, enforcement criteria and corporations’ disclosures. This is a longitudinal analysis of 219 annual reports of 73 listed corporations in Australia which were subjected to carbon tax and report carbon emissions as per the CEA 2011 and NGER Act 2007 accordingly. Any corporation or facility that emitted scope 1 emissions of 25,000 tonnes of carbon dioxide equivalent (CO2-e) or more were liable for a carbon tax in accordance with CEA 2011. Drawing on stakeholder theory and legitimacy theory, this study uses content analysis to examine corporate carbon disclosure. The findings suggest there is a considerable increase in the number of carbon-related disclosures following these regulations being enacted as law. In addition, carbon-specific communication has become much more prevalent and accounts for a larger proportion of the sampled organisations’ reported environmental information. The results of this study enrich the validity of the hypothesis that organisations would seek to legitimise their operations to stakeholders by increasing their environment-related declarations. The evidence presented in the analysis confirms the assertion that government environmental legislation/regulation has a positive impact on corporate behaviour and accountability. These findings have significant consequences for the government, decision-makers and the accounting profession, indicating that regulatory guidance enhances both mandatory and voluntary disclosure. It also offers key insights into the possible impacts of the carbon regulatory change for future research to consider.
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Nottage, Luke. "International Commercial Arbitration in Australia: Whats New and Whats Next?" Journal of International Arbitration 30, Issue 5 (October 1, 2013): 465–94. http://dx.doi.org/10.54648/joia2013031.
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This article argues that not much has changed since Australia amended in 2010 its International Arbitration Act, incorporating most of the 2006 revisions to the UNCITRAL Model Law as well as other reforms aimed at positioning Australia as a plausible arbitral venue in the Asia-Pacific region. There is no evidence yet of a broader 'cultural reform' that would make international arbitration speedier and more cost-effective - as urged by Australia's then Attorney-General when introducing the 2010 amendments. In fact, the article first outlines one ongoing cross-border dispute that has engendered at least five sets of proceedings, including a (thankfully unsuccessful) constitutional challenge to the Model Law regime. It then compares case disposition statistics for other Federal Court cases decided three years before and after the amendments, finding only minor differences.1 The article suggests a range of further revisions needed for the Act that emerge from the dispute including the constitutional challenge, as well as other topics for reform including measures to encourage a more internationalist interpretation of instruments such as the Model Law. Continuous improvement and continuous vigilance are needed for Australia to keep developing distinctive expertise in this complex and evolving field of law and practice.
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Warne, Rowena M., and Darryl N. Jones. "Evidence of target specificity in attacks by Australian magpies on humans." Wildlife Research 30, no. 3 (2003): 265. http://dx.doi.org/10.1071/wr01108.
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Although attacks on humans by Australian magpies (Gymnorhina tibicen) are a source of significant wildlife–human conflict in urban areas of Australia, little is known about the patterns of attack by these birds. Such information is essential for the development of sound management plans for this species. We examined the attack behaviour of 48 aggressive magpies from Brisbane during September–October 1999, paying particular attention to the types of intruders targeted. All attacking birds were male. A clear majority (71%) of birds attacked only one intruder type, with about half attacking pedestrians only; similar proportions targeted cyclists (8%) only and mail deliverers (10%) only. While all intruding cyclists and mail deliverers were attacked, magpies did not attack all pedestrian intruders, suggesting possible discrimination within this category. Management implications for these intruder types are discussed.
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Best, Rohan, and Paul J. Burke. "Effects of renting on household energy expenditure: Evidence from Australia." Energy Policy 166 (July 2022): 113022. http://dx.doi.org/10.1016/j.enpol.2022.113022.
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Freckelton, Ian. "Child sexual abuse accommodation evidence: the travails of counterintuitive evidence in Australia and New Zealand." Behavioral Sciences & the Law 15, no. 3 (1997): 247–83. http://dx.doi.org/10.1002/(sici)1099-0798(199722/06)15:3<247::aid-bsl272>3.0.co;2-h.
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Nicol, Dianne, and John Liddicoat. "Do patents impede the provision of genetic tests in Australia?" Australian Health Review 37, no. 3 (2013): 281. http://dx.doi.org/10.1071/ah13029.
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Objective. Health policy and law reform agencies lack a sound evidence base of the impacts of patents on innovation and access to healthcare to assist them in their deliberations. This paper reports the results of a survey of managers of Australian genetic testing laboratories that asked a series of questions relating to the tests they perform, whether they pay to access patented inventions and whether they have received notifications from patent holders about patents associated with particular tests. Results. Some diagnostics facilities are exposed to patent costs, but they are all located in the private sector. No public hospitals reported paying licence fees or royalties beyond those included in the price of commercial test kits. Some respondents reported having received enforcement notices from patent holders, but almost all related to the widely known breast cancer-associated patents. Respondents were also asked for their views on the most effective mechanisms to protect their ability to provide genetic tests now and in the future. Going to the media, paying licence fees, ignoring patent rights and relying on the government to take action were widely seen as most effective. Litigation and applications for compulsory licences were seen as some of the least effective mechanisms. Conclusion. These results provide an evidence base for development of health policy and law reform. What is known about the topic? The impact of patents on the delivery of genetic testing services remains unclear in Australia. What does this paper add? The survey reported in this paper suggests that, aside from well-known enforcement actions relating to the breast cancer associated patents, there is little evidence that providers of genetic testing services are being exposed to aggressive patent-enforcement practices. What are the implications for practitioners? Although patent-enforcement actions may increase in the future, a range of strategies are available to providers of testing services to protect them against adverse consequences of such actions. There are ongoing law reform activities aimed at improving these strategies.
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Wilkinson, Aoife. "Forfeiting Citizenship, Forfeiting Identity? Multiethnic and Multiracial Japanese Youth in Australia and the Japanese Nationality Law." New Voices in Japanese Studies 12 (August 17, 2020): 21–43. http://dx.doi.org/10.21159/nvjs.12.02.
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The rising fame of multiethnic and multiracial or ‘mixed’ celebrities in Japan, such as tennis player Naomi Osaka, has brought into focus the roles of Japan’s Nationality Law and understandings of nationality and citizenship in shaping identity. According to Article 14 of Japan’s Nationality Law, persons holding multiple nationalities must choose to forfeit all but one before the age of 22. In this article I aim to address how multiethnic and multiracial youths of Japanese descent in Australia are approaching the ambiguities surrounding their citizenship and nationality rights. To do so I will closely examine to what extent the Nationality Law affects their future decisions and identities by drawing upon evidence from in-depth interviews I conducted with mixed Japanese youth who are the child of one Japanese parent and one non-Japanese parent and live in Australia. Using Pierre Bourdieu’s theory of cultural capital, I argue that mixed Japanese youth in Australia perceive citizenship less as an agent of identity and more as an index of socioeconomic opportunity. My findings demonstrate that these individuals actively strive to maintain their dual citizenship and strategically align their cultural capital to realise meaningful cross-cultural careers that communicate between Australia, Japan, and their own mixed identities.
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Dunn, Kevin Mark, Rosalie Atie, Michael Kennedy, Jan A. Ali, John O’Reilly, and Lindsay Rogerson. "Can you use community policing for counter terrorism? Evidence from NSW, Australia." Police Practice and Research 17, no. 3 (March 12, 2015): 196–211. http://dx.doi.org/10.1080/15614263.2015.1015126.
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Foreman, Phil, and Michael Arthur‐Kelly. "Social Justice Principles, the Law and Research, as Bases for Inclusion." Australasian Journal of Special Education 32, no. 1 (April 2008): 109–24. http://dx.doi.org/10.1017/s1030011200025793.
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Educational policies for students with a disability in Australia, the USA, the UK and in most western countries stipulate that inclusive placement should be an option available to parents. This article examines three principal drivers of inclusion: social justice principles, legislation, and research findings, and considers the extent to which each of these has impacted on inclusive policy and practice. The article considers the research base for inclusion, and examines the extent to which the policy and practice of inclusion is supported by evidence. It concludes with some suggestions for a research agenda that focuses on the particular contextual challenges and complexities faced in Australasian school settings, whilst recognising international directions in the identification of evidence‐based practices.
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Smith, Andrew, Kim Heyes, Chris Fox, Jordan Harrison, Zsolt Kiss, and Andrew Bradbury. "The effectiveness of probation supervision towards reducing reoffending: A Rapid Evidence Assessment." Probation Journal 65, no. 4 (September 16, 2018): 407–28. http://dx.doi.org/10.1177/0264550518796275.
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In response to the lack of universal agreement about ‘What Works’ in probation supervision (Trotter, 2013) we undertook a Rapid Evidence Assessment of the empirical literature. Our analysis of research into the effect of probation supervision reducing reoffending included 13 studies, all of which employed robust research designs, originating in the USA, UK, Canada and Australia, published between 2006 and 2016. We describe the papers included in our review, and the meta-analyses of their findings. Overall, we found that the likelihood of reoffending was shown to be lower for offenders who had been exposed to some type of supervision. This finding should be interpreted cautiously however, given the heterogeneity of the studies. We suggest future research and methodological considerations to develop the evidence base concerning the effectiveness of probation supervision.
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Dempsey, Gillian. "Socio-Legal Research and Insider Trading in Australia." Australian & New Zealand Journal of Criminology 29, no. 3 (December 1996): 265–75. http://dx.doi.org/10.1177/000486589602900304.
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Insider trading was the subject of extensive political debate from 1989 through to 1991, culminating in substantial amendments to the Corporations Law. The political climate for this legislative action was influenced by a high profile empirical study by Tomasic and Pentony asserting that insider trading was both widespread and harmful. This study is critically appraised with respect to a number of methodological issues and in particular, questions are raised as to whether the inferences drawn from the evidence are justifiable. Alternative methods for empirical research into the insider trading phenomenon are noted.
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Gray, Anthony Davidson. "Forfeiture Provisions and the Criminal/Civil Divide." New Criminal Law Review 15, no. 1 (January 1, 2012): 32–67. http://dx.doi.org/10.1525/nclr.2012.15.1.32.
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The Australian Government has recently implemented civil forfeiture provisions for property suspected to have been acquired unlawfully. The Australian Federal Police may seek a preliminary unexplained wealth order. The Court may make such an order if there is evidence the wealth may have been acquired from unlawful means. Once the order is made, a full hearing takes place. There it is presumed that such property was unlawfully gained, unless the person who owns the property can show otherwise. Such proceedings can take place without the property owner being charged. The article considers the historical basis of such orders, and their use in the United States and United Kingdom. It is argued that such proceedings are in fact criminal in nature, despite how they are labelled. The article engages with the discusssion in the larger context of the divide between criminal and civil, and whether some “middle ground” should be acknowledged. If forfeiture provisions are in substance criminal, perhaps due process obligations apply, including the presumption of innocence. This argument is more difficult in Australia, given the lack of an express bill of rights. However, it can be argued from previous cases that there is an implicit right to a fair trial, including a presumption of innocence.
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Edmond, Gary. "Impartiality, efficiency or reliability? A critical response to expert evidence law and procedure in Australia." Australian Journal of Forensic Sciences 42, no. 2 (June 2010): 83–99. http://dx.doi.org/10.1080/00450610903258128.
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