Journal articles on the topic 'Industrial laws and legislation Australia'
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1
McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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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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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2009." Journal of Industrial Relations 52, no. 3 (June 2010): 275–87. http://dx.doi.org/10.1177/0022185610365626.
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In 2009, two major pieces of industrial legislation were enacted to give effect to the Labor Government’s commitment to replace Work Choices with laws for ‘Fair Work’. The Fair Work Act 2009 (Cth) promises to bring greater stability and simplicity to Australia’s workplace relations system. However, transitional rules in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) mean that it will be some time before participants in the system can enjoy these benefits. This review gives a brief account of both Acts before examining in more detail the enterprise bargaining rules which commenced operating in July under the supervision of a new institution, Fair Work Australia. We then consider two aspects of the Fair Work legislation which are most likely to provoke controversy when they commence operating in 2010, the adverse action and transfer of business provisions. We also look at the steps taken by federal and state governments to move towards a national system of workplace relations.
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Sutherland, Carolyn, and Joellen Riley. "Industrial Legislation in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 417–28. http://dx.doi.org/10.1177/0022185608089997.
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The Howard government's draconian Work Choices laws will soon be history. A change of government at the 2007 federal election means that Australian industrial relations legislation will continue to be a turbulent field, for some time yet. This review provides an account of the last piece of industrial legislation passed by the Howard government, to introduce a `Fairness Test' in an attempt to ameliorate public concern about the patent unfairness of some aspects of the Work Choices laws. The same Act made some changes to the way in which `prohibited content' is regulated in workplace agreements. We also provide a brief summary of some of the more significant State manoeuvres in what remains to them of the field of industrial relations law.
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McKay, Clare, and Alex Gardner. "Water Accounting Information and Confidentiality in Australia." Federal Law Review 41, no. 1 (March 2013): 127–62. http://dx.doi.org/10.22145/flr.41.1.5.
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A key objective of Australia's recent national water reforms is to keep water licence and entitlement holders accountable for the amounts of water they extract, trade and use. Water metering and the recording and reporting of water extraction and trading data are processes designed to ensure this accountability, and are central to Australia's water accounting regimes. Yet much of the data necessary to ensure compliance with water licences and access entitlements is not publicly available in Australia. This absence of publicly accessible information is due to a lack of rigour and transparency in statutory water accounting regimes. There are also restrictions imposed by water legislation and the laws of privacy and confidentiality that prevent public access to water accounting data, except in aggregated form. Consequently, commercial and industrial water consumers in Australia are not kept accountable for their consumptive water use and water market objectives are unfulfilled, contrary to the express provisions of the Intergovernmental Agreement on a National Water Initiative (‘NWI’). This article argues that statutory and policy frameworks for water accounting in most Australian jurisdictions fail to meet the NWI objectives for national water accounting. In response, it advocates legislative reforms that would facilitate the achievement of these objectives.
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GRAY, ANTHONY. "PRECEDENT AND POLICY: AUSTRALIAN INDUSTRIAL RELATIONS REFORM IN THE 21ST CENTURY USING THE CORPORATIONS POWER." Deakin Law Review 10, no. 2 (July 1, 2005): 440. http://dx.doi.org/10.21153/dlr2005vol10no2art286.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>This article will discuss the topical issue of whether the Commonwealth, in Australia’s federal system of government, can rely on its so-called “corporations power” in order to pass planned industrial relations laws. The Federal Government has recently indicated its plans to introduce a national system of industrial relations regulation in Australia. While the detail of the proposed legislation is not currently to hand, the planned changes raise a controversial issue whether the Australian Government would permit such regulation. This article considers the corporations power as justification for the proposed laws.</span><span>] </span></p></div></div></div>
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Hall, Richard. "The Politics of Industrial Relations in Australia in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 371–82. http://dx.doi.org/10.1177/0022185608089994.
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Industrial Relations proved to be one of the dominant issues in the 2007 federal election campaign with the Government at first defending, and then moderating, their Work Choices legislation. The Labor Opposition benefited greatly from the successful Australian Council of Trade Unions (ACTU) campaign against Work Choices and established a significant electoral advantage on the issue. Labor introduced its own IR policy alternative under the banner `Forward with Fairness' and then spent a good deal of 2007 trying to sell its policy to business. The final policy adopted by Labor, and set to become law over the next few years, represents something of a calculated political compromise. When the detail of the policy is considered the influence of the Work Choices laws is still very much apparent.
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Sari, Komang Ayu Kartika. "Prostitution Legislation Reforms in Western Australia: What Indonesia Can Learn." Public Health and Preventive Medicine Archive 2, no. 1 (July 1, 2014): 92. http://dx.doi.org/10.15562/phpma.v2i1.130.
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Prostitution is still a complicated problem worldwide including in Western Australia. It is estimated that there are 1700 sex workers and 38 identified brothels in Western Australia1 and prostitution legislation is still an ongoing debatable issue in the state. There has been a significant change in prostitution laws and enforcement practices, which is due to the rising worldwide problem of sex trafficking and its relation to prostitution.2 The Liberal or National Government of Western Australia planned to introduce the prostitution legislation reforms, which were intended to make brothels to be the “only viable” and legal workplaces for sex workers, to make sex workers have no opportunity to work privately in residential areas and to force them to work for the third parties or to relocate them to industrial areas.3 It would be implemented through a brothel licensing policy, which in turn will make non brothel-based sex workers considered illegal. Brothels are indeed more organized and easier to provide health care and education than the street4 and based on research in the Norwegian capital5, an existing law can make people have more negative attitudes towards buying sex. However, particular form of regulation and practice may result in worse situations and can undermine the health and well-being of sex workers. This article will discuss in details why the prostitution legislation reforms released by The Liberal/National Government in WA should not be fully supported and what we can learn based on the context of Indonesia
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Bornstein, Josh. "Employees are losing: Have workplace laws gone too far?" Journal of Industrial Relations 61, no. 3 (March 22, 2019): 438–56. http://dx.doi.org/10.1177/0022185619834321.
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Concern about the economic, social and political cost of growing income inequality is propelling a debate about the loss of employee bargaining power – both in Australia and other Organisation for Economic Co-operation and Development countries. The evidence of a pronounced decline in the bargaining power of employees in the Australian labour market is overwhelming. The decline is consistent with a collapse in workplace bargaining as a result of a bargaining framework that has not kept up with major structural change in the labour market. In the absence of decisive legislative intervention, the decline of employee bargaining power is likely to continue.
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Johnston, Madeleine. "The Role and Regulation of Child Factory Labour During the Industrial Revolution in Australia, 1873–1885." International Review of Social History 65, no. 3 (May 21, 2020): 433–63. http://dx.doi.org/10.1017/s0020859020000322.
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AbstractThis study investigates child factory labour in Victoria, the most populous and industrialized colony in Australia in the second half of the nineteenth century. Three sources of primary data are analysed: Royal Commission reports, texts of bills and statutes, and parliamentary and public debates. The findings inform current academic debates by enhancing understanding of the role played by child workers during industrialization. They show that children were low-cost substitutes for adult males and that child labour was central to ongoing industrialization. A wide range of industries and jobs is identified in which children were employed in harsh conditions, in some instances in greater proportions than adults. Following the reports of the Royal Commission, the parliament of Victoria recognized a child labour problem serious enough to warrant regulation. While noting that circumstances were not as severe as in Britain, it passed legislation in 1885 with provisions that offered more protection to children than those in the British factory act of 1878. The legislation also offered more protection than factory laws in other industrializing colonies and countries. The findings throw light on the character of colonial liberal reformers in a wealthy colony who sought to create a better life for white settlers by adopting policies of state intervention.
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Forsyth, Anthony. "Regulating Australia’s ‘Gangmasters’ through Labour Hire Licensing." Federal Law Review 47, no. 3 (July 3, 2019): 469–93. http://dx.doi.org/10.1177/0067205x19856504.
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This article examines the recent introduction of state-based regulation to address the increasingly prominent problem of exploitation of vulnerable workers by labour hire providers around Australia. Mounting evidence of underpayments and other breaches of workplace laws has emerged from a range of state and federal inquiries into the labour hire sector in recent years. The article draws parallels between these abuses and the exploitative activities of ‘gangmasters’ in industrial-era Britain. It then closely analyses and compares the labour hire licensing schemes introduced in Victoria, Queensland and South Australia, which aim to combat noncompliance by introducing barriers to entry and eliminate ‘rogue’ operators from the labour hire market. The article assesses the effectiveness of similar licensing and registration schemes in several overseas jurisdictions, especially the gangmasters licensing scheme operating in the United Kingdom since 2004. The article concludes that the licensing schemes introduced under the three state laws are a timely and, most likely, effective new approach to tackling the problem of noncompliance with workplace and other laws. Alternative responses to exploitation at the federal level are also considered, including the 2017 Vulnerable Workers legislation introduced largely in response to systemic underpayments in the 7-Eleven franchise network. Finally, the article observes that federal reform of the labour hire sector may emerge in the near future, given the Labor Opposition’s policy commitment to introduce a national labour hire licensing scheme. In the meantime, the state labour hire licensing schemes examined in this article represent an important step forward in regulation to combat worker exploitation by contemporary Australian ‘gangmasters’.
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Guthrie, Robert, and Kevin Purse. "Business Regulation and Workers’ Compensation: A National Framework for Workers’ Compensation in Australia?" International Journal of Comparative Labour Law and Industrial Relations 25, Issue 4 (December 1, 2009): 395–410. http://dx.doi.org/10.54648/ijcl2009026.
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Labour law in Australia is undergoing an unprecedented transformation. Fuelled by demands from big business and a dramatically changing constitutional landscape, the locus of regulation is shifting from the states and territories to the federal government. The most conspicuous illustration to date has been in the mainstream industrial relations arena as epitomized by the Howard Conservative Coalition Government’s Work Choices legislation. More recently, the Rudd Labour Government has championed a national approach to occupational health and safety law based on its ‘cooperative federalism’ agenda. Though less pronounced, workers’ compensation for injury at work has also been the subject of growing business demands for greater national regulation. In examining this issue, this paper will first of all outline previous attempts to develop a national workers’ compensation framework before turning to a consideration of more recent policy and legal developments, which have contributed to the emerging regulatory realignment of workers’ compensation laws and policy. The paper will also identify the major constraints on the drive for a national regulatory framework.
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Novitz, Tonia, and Shae McCrystal. "Democratic Pre-conditions for Strike Action: A Comparative Study of Australian and UK Labour Legislation." International Journal of Comparative Labour Law and Industrial Relations 28, Issue 2 (June 1, 2012): 115–46. http://dx.doi.org/10.54648/ijcl2012010.
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In this article, we investigate legislative controls on the ability of workers and their organizations to take strike action, which raise fundamental questions relating to the application of democratic principles in a workplace setting. We trace the introduction of legislative provisions in Australia and the UK which sought to impose 'majoritarian' forms of democracy on trade union structures, by requiring ballots before such action could be taken. We recognize that these statutory pre-conditions are problematic both in terms of their aims and effects. Yet, what is arguably more worrying is the new institutionalization of deliberative pre-conditions for industrial action in the workplace. In Australia, this has taken the form of a requirement that a ballot applicant has 'genuinely tried to reach agreement', a requirement that continues to apply during any actual industrial action. In the UK context, the scope of protection from unfair dismissal (beyond a twelve-week period) will be affected by whether the union has complied with procedures established by an applicable collective or other agreement, offered or agreed to commence or resume negotiations, and has not unreasonably refused a request that conciliation or mediation services be used. In both countries, there seems to be growing pressure in policy terms for strikes to be very much a last resort, as statutory support for bargaining in good faith becomes stronger. We argue that these deliberative democratic controls of strike action are misguided. A richer understanding of deliberative democracy should, in our view, offer greater space for workers to voice their opposition in negotiations with employers.
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Markey, Raymond. "The State of Representative Participation in Australia: Where to Next?" International Journal of Comparative Labour Law and Industrial Relations 20, Issue 4 (December 1, 2004): 533–61. http://dx.doi.org/10.54648/ijcl2004028.
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Abstract: The article first examines the rationale for representative participation, and the circumstances under which it has spread internationally. It then surveys the existing data for representative participation in Australia, and presents a case for legislation to introduce a generalised system of German-style works councils. The paper concludes that the first step towards this end should be the instigation of a major research agenda to discover more regarding the elements of historical and contemporary practice which have accounted for success and failure in representative participation in Australia.
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Burgess, John, and Lars Mitlacher. "Temporary Agency Work in Germany and Australia: Contrasting Regulatory Regimes and Policy Challenges." International Journal of Comparative Labour Law and Industrial Relations 23, Issue 3 (September 1, 2007): 401–31. http://dx.doi.org/10.54648/ijcl2007019.
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A common development among OECD and EU countries is the increase of temporary agency work in the last decade despite different regulatory regimes. For the researcher, agency work is an interesting topic as it is part of the romance of flexible working patterns, the new economy and a new type of employment arrangements; but is also part of a process that undermines employment conditions, collectivism and workers’ rights. Using Germany as an example of a country with a highly regulated temp industry and Australia as a country with very little regulation in this area, the paper outlines the growth and extent of agency employment in each country and examines the regulatory regime that applies in each country. The regulation of temporary agency work in Germany and Australia will be contrasted with the proposed legislation by the European Directive on temporary agency work in order to develop new proposals for an advanced supra-national regulatory approach on temporary agency work.
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Isaac, Joe, and Gudrun Biffl. "Globalisation and Core Labour Standards: Compliance Problems with ILO Conventions 87 and 98. Comparing Australia and other English-Speaking Countries with EU Member States." International Journal of Comparative Labour Law and Industrial Relations 21, Issue 3 (September 1, 2005): 405–44. http://dx.doi.org/10.54648/ijcl2005020.
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Abstract: In the wake of globalisation, certain ILO Conventions have assumed greater prominence in recent years. This paper focuses on ILO principles related to trade union rights and collective bargaining embodied in ILO Conventions No. 87 and No. 98. It is argued that some countries have enacted legislation and tolerated industrial behaviour incompatible with these standards. In the absence of effective international enforcement powers, governments in some countries have ignored the requests of the ILO for adherence to its principles with impunity. This issue is discussed in connection primarily with recent Australian experience and with brief observations on that of a number of English-speaking countries. The policy and practices of these countries on Conventions 87 and 98 are contrasted with those of the continental EU countries. Finally, the question is raised as to whether some of the ILO?s principles underlying these Conventions need to be re-examined.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (May 1, 2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.
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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.
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McCrystal, Shae, and Tashina Orchiston. "Industrial legislation in Australia in 2012." Journal of Industrial Relations 55, no. 3 (June 2013): 321–37. http://dx.doi.org/10.1177/0022185613480719.
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McCrystal, Shae. "Industrial legislation in Australia in 2013." Journal of Industrial Relations 56, no. 3 (March 7, 2014): 331–44. http://dx.doi.org/10.1177/0022185614524314.
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Sutherland, Carolyn. "Industrial legislation in Australia in 2014." Journal of Industrial Relations 57, no. 3 (March 2, 2015): 333–47. http://dx.doi.org/10.1177/0022185615571978.
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Forsyth, Anthony. "Industrial legislation in Australia in 2015." Journal of Industrial Relations 58, no. 3 (April 19, 2016): 372–87. http://dx.doi.org/10.1177/0022185616636186.
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Manderson, Desmond. "Rules and Practices: The “British System” in Australia." Journal of Drug Issues 22, no. 3 (July 1992): 521–33. http://dx.doi.org/10.1177/002204269202200305.
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The article discusses the implementation of legislation concerning “dangerous drugs” in Australia from the 1930s. Although these laws and regulations clearly prohibited their consumption for non-medical purposes and their prescription “merely for the purposes of addiction,” a system developed which nevertheless allowed the continued maintenance of addicts under medical supervision and remained in place until the 1960s. Contrasts are drawn between the image of evil drug use, which was addressed by legislation and condemned by politicians, and the reality of addiction in Australia, which was in practice tolerated and treated as an illness rather than as a vice. The existence of this double standard is used to highlight the fact that the reality of drug use and drug enforcement cannot simply be gleaned by interpreting laws: their administration and the social practices with which they must interact often change and modify their effect in a complex manner.
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Morton, Rochelle, and Alexandra L. Whittaker. "Understanding Subordinate Animal Welfare Legislation in Australia: Assembling the Regulations and Codes of Practice." Animals 12, no. 18 (September 15, 2022): 2437. http://dx.doi.org/10.3390/ani12182437.
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The state-based approach to regulating animal welfare in Australia is thought to create national dis-uniformity in that each state and territory legislates and operates inconsistently. The animal welfare legal framework in each of the eight Australian jurisdictions is made up of a primary statute and subordinate legislation, where subordinate animal welfare legislation, in the forms of regulations and codes of practices, are lower-ranking laws that are given power under the jurisdiction’s specific animal welfare statute. Since a review of animal welfare statutes identified broad patterns between the jurisdictions, this study is intended to be complementary by collating the subordinate legislation to provide a more comprehensive understanding of animal welfare laws in Australia. Using targeted search strategies stemming from the eight enabling animal welfare statutes, this study identified 201 pieces of subordinate legislation in force between 28 March 2022 and 5 April 2022. The scope of subordinate legislation is depicted through the following utility categories of animals: companion, production, wild/exotic, entertainment. Whilst subordinate legislation differed between the jurisdictions, it was common for similar welfare concerns or topic areas to be protected in higher-order legislation (statutes or regulations). Additionally, many jurisdictions were found to have similar shortcomings, all which likely could be managed through a mechanism of national data collection.
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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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Blackbourn, Jessie. "Counterterrorism legislation and far-right terrorism in Australia and the United Kingdom." Common Law World Review 50, no. 1 (March 2021): 76–92. http://dx.doi.org/10.1177/1473779521989332.
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Over the past two decades, since the 9/11 terrorist attacks on the United States, a number of countries have enacted new laws tailored specifically to the threat posed by Islamic extremist terrorism. This includes recent legislation that has criminalised behaviour associated with ‘foreign terrorist fighters’, such as the act of travel to, or fighting in, foreign conflicts. This legislative response reflects the enactment of earlier laws, with measures designed for prior iterations of the contemporary Islamic extremist terrorist threat, such as control orders and preventative detention orders, prohibitions on extremist speech and disseminating terrorist propganda and the criminalisation of terrorist training. Yet despite the focus on Islamic extremist terrorism, this is not the only terrorist threat that Western democracies face. The rise of far-right terrorism in recent years has, however, not seen the same recourse to new legislation as has been the case for Islamic extremist terrorism. Using Australia and the United Kingdom as case studies, this article assesses the extent to which counterterrorism legislation has been used to deal with the particular threat posed by far-right terrorism. In doing so, it evaluates the lessons that might be learned from applying counterterrorism legislation designed for one particular terrorist threat to other types of terrorism.
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Manderson, Desmond. "Trends and Influences in the History of Australian Drug Legislation." Journal of Drug Issues 22, no. 3 (July 1992): 507–20. http://dx.doi.org/10.1177/002204269202200304.
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In this article the author briefly traces some features in the emergence in Australia of legislation controlling “dangerous drugs” such as opium, morphine, cocaine and heroin from 1900 to 1950. It is argued that, in common with other similar countries, the first laws prohibiting the non-medical use of drugs were enacted as a symptom of anti-Chinese racism and not out of any concern for the health of users. It is further argued that later laws, which built upon that precedent, developed not through any independent assessment of the drug problem in Australia but rather in response to pressure from the international community. Australia's unthinking acceptance of the growing U.S.-led international consensus relating to “dangerous drugs” influenced legislation, policy and attitudes to illicit drug use. The structure of drug control which emerged incorporated and promoted the fears, values and solutions of other societies without any assessment of their validity or appropriateness.
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Sadiq, Kerrie. "Country notes: Tax and Whistle-Blower Protection: Part of a Commitment to Tackling Tax Misconduct in Australia." Intertax 46, Issue 5 (May 1, 2018): 429–33. http://dx.doi.org/10.54648/taxi2018044.
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Many jurisdictions face the question of whether to legislate to introduce a whistle-blower protection regime for disclosures of information regarding breaches of tax laws or misconduct relating to an entity’s tax affairs. To this extent, Australia is no exception and is in the process of passing legislation through Parliament to insert a comprehensive regime into the Taxation Administration Act 1953 for the protection of individuals who report breaches of the tax laws or misconduct. Like all regulatory reform, the introduction of the legislation has been a lengthy and controversial process which began with an announcement by the Government as part of their Federal Budget in May 2016. This article discusses Australia’s historical and recent approach to whistle-blower protection, provides an analysis of the processes which resulted in legislation being proposed and analyses some of the fundamental elements of the proposed whistle-blower protection regime for tax matters.
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Vess, James, Brooke Langskaill, Andrew Day, Martine Powell, and Joe Graffam. "A comparative analysis of Australian sex offender legislation for sex offender registries." Australian & New Zealand Journal of Criminology 44, no. 3 (December 2011): 404–24. http://dx.doi.org/10.1177/0004865811419065.
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Australia has followed the course taken by other English-speaking countries in recent years of enacting legislation that requires convicted sexual offenders to register personal details with law enforcement agencies. These laws have been enacted to protect the public from the perceived threat posed by sex offenders, but have been written with little apparent reference to the available research literature about the nature and extent of this threat. In addition, there is no empirical evidence supporting the effectiveness of legislatively based sex offender registries to either reduce sexual offending or to enable the police to investigate sex crimes and apprehend offenders. This article compares and contrasts the current laws governing sex offender registration enacted by the various states and territories in Australia, and offers a critical analysis of their provisions in light of the research literature on sexual offending.
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Quilter, Julia, and Luke McNamara. "‘Zero Tolerance’ Drug Driving Laws in Australia: A Gap Between Rationale and Form?" International Journal for Crime, Justice and Social Democracy 6, no. 3 (September 1, 2017): 47–71. http://dx.doi.org/10.5204/ijcjsd.v6i3.416.
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Legislation in all Australian states and territories creates offences and provides for police roadside testing in relation to ‘drug driving’. Ostensibly motivated by the same road safety objectives and impairment paradigm as drink driving laws, drug driving laws adopt a significantly different approach. Whereas random breath testing tests for all forms of alcohol and is designed to determine whether there is a sufficient concentration of alcohol in the driver’s body that s/he should be deemed to be impaired, random drug testing typically tests for the presence of any quantity of only the three most widely used illicit drugs—cannabis, methamphetamine and ecstasy—in the driver’s oral fluids, without reference to what is known about the different pharmacokinetic and pharmacodynamic qualities of different drugs. This article examines this idiosyncratic approach to the criminalisation of drug driving, highlighting its weak correlation with the important road safety objective of deterring substance-impaired driving, and the risks of both over- and under-criminalisation that it creates. It argues that public policy on the prohibition of certain drugs and the criminalisation of their use should be disentangled from public policy on impaired driving. It recommends that drug driving laws in all Australian jurisdictions should be brought back into line with drink driving laws, via legislation and testing practices that turn on substance-specific prescribed concentrations for all drugs (illicit and licit) that have the potential to impair drivers.
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Leenaars, Antoon A. "Gun-Control Legislation and the Impact on Suicide." Crisis 28, S1 (January 2007): 50–57. http://dx.doi.org/10.1027/0227-5910.28.s1.50.
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Abstract. Gun control is the prototypical example of controlling the environment for the means of suicide, an effective public health approach to suicide prevention. Canada's Criminal Law Amendment Act of 1977 (Bill C-51) provides an excellent opportunity to illustrate the effects of legislative gun-control laws and the impact on suicide. The research in Canada supports the significant effect of C-51 in reducing suicides and firearm suicides, even if one controls for socioeconomic factors, although not equally for all ages. The young, a high-risk group, show the most significant decrease, without significant substitution of other methods (displacement). Studies on gun-control laws from New Zealand, the United States, and Australia support the Canadian findings. It is concluded that, although not equally applicable in all countries, gun control may well have significant applications in reducing suicide worldwide.
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Chandler, Timothy D., and Rafael Gely. "Card-Check Laws and Public-Sector Union Membership in the States." Labor Studies Journal 36, no. 4 (November 16, 2011): 445–59. http://dx.doi.org/10.1177/0160449x11425716.
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We examine the impact of state card-check legislation on public-sector union membership. Based on an empirical analysis of data from 2000 to 2009, a time during which eight states enacted card-check legislation for public employees, we find significantly higher levels of public-sector union membership for states that passed card-check legislation in years after the laws were enacted relative to states that did not pass such laws. Moreover, average public-sector union membership increased for the states that passed card-check legislation after the laws were passed relative to their precard-check law union-membership levels.
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Olivier, Jake, Sofiane Boufous, and Raphael Grzebieta. "The impact of bicycle helmet legislation on cycling fatalities in Australia." International Journal of Epidemiology 48, no. 4 (February 5, 2019): 1197–203. http://dx.doi.org/10.1093/ije/dyz003.
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Abstract Background Australian bicycle helmet laws were first introduced in Victoria in July 1990 and the remaining Australian states, Australian Capital Territory and Northern Territory by July 1992. Previous research on helmet legislation has focused on changes in helmet wearing and bicycle-related head injury. Although it is generally accepted that bicycle helmets can reduce the risk of fatality due to head injury, there has been little research assessing the impact of helmet legislation on cycling fatalities. Methods An interrupted time series approach was used to assess the impact of bicycle helmet legislation on yearly-aggregated rates of bicycle-related fatalities per population from 1971 to 2016. Results Immediately following bicycle helmet legislation, the rate of bicycle fatalities per 1 000 000 population reduced by 46% relative to the pre-legislation trend [95% confidence interval (CI): 31, 58]. For the period 1990–2016, we estimate 1332 fewer cycling fatalities (95% CI: 1201, 1463) or an average of 49.4 per year (95% CI: 44.5, 54.2). Reductions were also observed for pedestrian fatalities; however, bicycle fatalities declined by 36% relative to pedestrian fatalities (95% CI: 12, 54). Conclusions In the absence of robust evidence showing a decline in cycling exposure following helmet legislation or other confounding factors, the reduction in Australian bicycle-related fatality appears to be primarily due to increased helmet use and not other factors.
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Skaik, Samer. "Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 162–75. http://dx.doi.org/10.1108/ijlbe-03-2017-0009.
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Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of statutory adjudication of as well as possible solutions. Design/methodology/approach “Expert interviews” method is adopted to collect the empirical data, involving interviews with 23 practitioners from Australia and Singapore. Findings The study identified many operational problems jeopardising the attainment of the object of the SOP legislation such as bias of authorised nominating authorities, short adjudication timeframes, inadequate regulations of adjudicators, jurisdictional challenges, involvement of courts and lawyers and complex drafting of the legislation. The study also analysed the views of industry experts with regard to the opportunities for improvement in the operation of the SOP legislation such as following the Queensland model as amended, and introducing a legislative review mechanism and establishing a peer review process. It also suggested specific amendments to make the legislation a more user-friendly. Practical implications The implication of this study is a better understanding of the most critical problems inherent in statutory adjudication that need serious consideration by the legislatures and policymakers. In addition, the study also provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws. Originality/value There is inadequate empirical research conducted to investigate problems in the operation of statutory adjudication. The study provides original empirical findings which become much necessary nowadays in light of the dynamic moves towards law reform in SOP laws, particularly in Australia. The study provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.
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Goldbarsht, Doron. "Who's the Legislator Anyway? How the Fatf's Global Norms Reshape Australian Counter Terrorist Financing Laws." Federal Law Review 45, no. 1 (March 2017): 127–51. http://dx.doi.org/10.1177/0067205x1704500106.
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This article focuses on the Australian implementation of the Financial Action Task Force (FATF) Recommendations, so-called ‘soft law’ instruments, which represent the international standards in Counter Terrorist Financing (CTF) but which force legislators to conform. The article will fill the gaps existing in the literature today by focusing on the origins and motives of broad CTF legislation in Australia, then detailing each of the FATF's CTF Recommendations and the ways in which they are implemented in Australia. This approach differs significantly from other literature in the field, which deals solely with Australian implementation of one of the FATF's components. The current paper's examination will reveal the CTF regime in Australia, a decade after the FATF's first CTF Mutual Evaluation Report on Australia, and its decisive influence.
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Duffy, Norman F. "The Genesis of Arbitration in Western Australia." Journal of Industrial Relations 28, no. 4 (December 1986): 545–63. http://dx.doi.org/10.1177/002218568602800405.
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The use of compulsory arbitration for the determination of the conditions of employment has a long history in Australia. This paper covers the events leading up to the introduction of legislation for conciliation and for the compulsory arbitration of industrial disputes in Western Australia. After two bruising strikes and the experience of successful voluntary arbitration, the union movement came to the view that compulsory arbitration would be to their advantage. The development of political links between the unions and some members of the Legislative Assembly, coupled with certain fortuitous circumstances in the Parliament, resulted in arbitration legislation being passed in 1900—despite the dominance of the political scene by conservative forces and the opposition of the employers. Early experiences with the legislation showed that conciliation was not successful when arbitration was readily available and that the Act was not the answer to all the problems of the trade union movement.
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Shaffer, Brian, and Daniel T. Ostas. "Exploring the Political Economy of Consumer Legislation: The Development of Automobile Lemon Laws." Business and Politics 3, no. 1 (April 2001): 65–76. http://dx.doi.org/10.2202/1469-3569.1018.
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Between 1982 and 1994 all fifty states enacted new car warranty legislation commonly known as ‘lemon laws’. These statutes provide that a consumer who buys a lemon (defined as ‘a chronically defective new car that cannot be repaired with a reasonable effort’) is entitled to receive a replacement car or full refund from the car's manufacturer. We ask why these laws were enacted, exploring both economic and political rationales. The analysis demonstrates that reasonable economic arguments can be advanced for the legislation, both pro and con, and concludes that the legislation resulted most directly from an alliance of consumer advocates and automobile dealers at the expense of manufacturers. This case study illustrates the interplay of legal, political, and economic factors that shape consumer legislation generally.
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Thorpe, Amelia. "Too little, too soon? An assessment of Australian carbon capture and storage legislation against the new standards set for the Clean Development Mechanism." Climate Law 3, no. 2 (2012): 139–63. http://dx.doi.org/10.1163/cl-2012-060.
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At the 2011 UN climate summit in Durban, agreement was reached on rules for the inclusion of carbon capture and storage as part of the Clean Development Mechanism. Advocates of the technology have hailed this as a major milestone, and it is widely predicted that the industry will now grow considerably. Australia, with significant geological formations and enabling legislation already in place at both federal and state levels, is likely to be one of the countries pioneering this growth. The CDM decision, being the first internationally agreed set of rules for CCS, provides an important benchmark against which to assess Australian legislation. In this context, the article reviews the legal frameworks for CCS in Australia. Interestingly, Australia’s CCS laws would not satisfy the standards set for host-country legal frameworks under the CDM. However, Australia does offer some lessons that may be useful for the regulation of CCS in other jurisdictions.
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Gibbons, Graeme D. "Clinical Pastoral Education and Post Privacy Legislation: An Australian Perspective." Journal of Pastoral Care & Counseling: Advancing theory and professional practice through scholarly and reflective publications 57, no. 3 (September 2003): 319–28. http://dx.doi.org/10.1177/154230500305700307.
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Recently introduced privacy legislation in Australia has required that professional associations approaching education from the perspective of human cases review their standards and develop new policies and procedures to protect the privacy of individuals. In this article, the author explores the disruption created for Clinical Pastoral Education by the introduction of these privacy laws, demonstrates that it is possible to be loyal to both a commitment to privacy and learning from “living human documents,” develop strategies for changing the educational culture, and establish new procedures, strategies, and policy.
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Caracciolo Di Torella, Eugenia. "The 'Family-Friendly Workplace': The EC Position." International Journal of Comparative Labour Law and Industrial Relations 17, Issue 3 (September 1, 2001): 325–44. http://dx.doi.org/10.54648/360556.
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With changes being made in the family structure recently it is important that laws and legislation be addressed accordingly. There is an increase in single parent families and an increase in 'two-breadwinner families'. In order to handle the two family frameworks new welfare laws encouraging single parents to find employment have been implemented as well as new laws on parental leave. This legislation can be found at the EC level. This article focuses on the needs which must be met of the these young families and offers suggestions as to they could be further helped.
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Corrin, Jennifer. "Australia: Country Report on Human Rights." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 37. http://dx.doi.org/10.26686/vuwlr.v40i1.5378.
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This article provides a country report on the status of human rights in Australia. Human rights law in Australia is embodied in three sources: constitutional provisions, federal, state and territorial legislation, and the common law. However, the author notes that Australia has not embraced the 'rights revolution' seen elsewhere around the world as it does not have a constitutionally enshrined charter of human rights. This status of human rights under Australian law reflects the nation's conservative approach to constitutional law reform, and it is argued that the above sources of human rights law do not provide a comprehensive regime for the protection of human rights in Australia. However, several states have proved that popular support for human rights protection is a political possibility, which shows cautious optimism for the future of human rights laws in Australia.
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Purse, Kevin. "Workplace Health and Safety Deregulation in South Australia." Journal of Industrial Relations 41, no. 3 (September 1999): 468–84. http://dx.doi.org/10.1177/002218569904100307.
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In July 1998 the Soutb Australian goverment released a Discussion Paper concern ing the future of occupational bealth and safety regulation in South Australia. In examining the paradigm shift proposed in the Discussion Paper, this paper highlights the importance of workplace health and safety as public polig issues in Australia and seeks to locate the Discussion Paper within the broader context of deregulatory changes in the administration of occupational health and safety legislation that have occurred in South Australia in recent years. It identifies several fundamental flaws in the proposals put forward for change and suggests that the major problem with tbe regulation of occupational health and safety in South Australia is the failure to effectively administer the legislation. The paper also advances a number of proposals designed to achieve greater compliance with the legislation. It concludes that the major proposals contained in the Discussion Paper are unlikely to find widespread practical expression.
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Vickers, Ros. "The Regulation of Natural Resources Law in Australia for Indigenous People." Jambe Law Journal 2, no. 2 (January 28, 2020): 99–117. http://dx.doi.org/10.22437/jlj.2.2.99-117.
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Natural resources law in Australia seeks to regulate, protect and conserve natural resources, while providing consideration to the economic value of projects and permit activities to occur. The same environmental laws apply to indigenous peoples as well as other members of the public in Australia. However the recognition of native title rights and sacred sites through legislation can acknowledge the special relationship that indigenous people have with the environment through traditional laws and customs. Indigenous people have a special relationship with their environment that does not easily fall within categories of western values of the environment, and for this reason there is often tension between the common law legal system and indigenous people. While there has been significant process working towards a more harmonious regulatory system of natural resources, there is still work to be done. This paper will outline the structure of indigenous rights impacting natural resource regulation in Australia, focusing on the Northern Territory, and will examine the origins of environmental law and indigenous rights
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Grynchuk, Vladyslav. "Protection of industrial property rights in the context of patent legislation reform." Theory and Practice of Intellectual Property, no. 5 (December 29, 2022): 35–43. http://dx.doi.org/10.33731/52022.270783.
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Keywords: protection of rights, intellectual property; patent, industrial design, invention,utility model, appeals chamber, patent trolling
The right of intellectual property is the leading drivingforce of the economy of any state; therefore its legal protection requires proper legalregulation and constant improvement through the adoption of new laws, amendmentsto current legal acts, and the introduction of innovations in judicial activity.On 21.07.2020, Ukraine adopted the Law of Ukraine «On Amendments to CertainLegislative Acts of Ukraine on Strengthening the Protection and Protection of Rightsto Marks for Goods and Services, Industrial Designs and Countering the Abuse of Patents» and the Law of Ukraine «On Amendments to some legislative acts ofUkraine regarding patent legislation reform». These laws were important steps in thefield of legal protection of intellectual property.These laws essentially complete the procedure for updating legislation in the fieldof industrial property. They have positive features, but also have some disadvantages.The article is devoted to the consideration of the peculiarities of the protection ofindustrial property rights in the context of reforming legislation in the field of intellectualproperty. The publication emphasizes that today in Ukraine there are a significantnumber of cases of violation of intellectual property rights, which cause significantdamage not only to the rights holders, but also to the state as a whole. Despitethe positive changes in legislation in the field of industrial property protection madein recent years, it should be emphasized the presence of certain shortcomings andcontradictions in the legal regulation of the procedure for acquiring and protectingrights to inventions, useful models and industrial objects. Projects, which is primarilydue to the lack of necessary changes regarding the implementation of legislativenorms at the sub-legal level. It is noted that measures to ensure the effective protectionof intellectual property rights should be directed not only by the state and its bodies,the main role in this should be played by the activities of the right holders themselvesin monitoring the observance of their rights and preventing violations.
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Hewitt, Anne. "Can A Theoretical Consideration of Australia's Anti-Discrimination Laws Inform Law Reform?" Federal Law Review 41, no. 1 (March 2013): 35–70. http://dx.doi.org/10.22145/flr.41.1.2.
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Anti-discrimination law in Australia is at a crossroads. After four decades of proliferation of legislation to regulate discrimination, national attention has turned from increasing regulation to legislative consolidation and reform. This article contributes a theoretical analysis to the reform debate. Two liberal theoretical justifications for prohibiting discrimination, harm and redistributive justice, are considered. This investigation assists to determine when the state should intervene in order to restrict discrimination, and whether state and territory anti-discrimination regimes have a legitimate continuing role in Australia's legislative landscape.
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Олена Тверезенко. "ТЕРМІНОЛОГІЧНЕ «РІЗНОМАНІТТЯ» У ЗАКОНОДАВСТВІ УКРАЇНИ ЩОДО ВІДЧУЖЕННЯ МАЙНОВИХ ПРАВ ІНТЕЛЕКТУАЛЬНОЇ ВЛАСНОСТІ." International Academy Journal Web of Scholar, no. 5(47) (May 31, 2020): 27–32. http://dx.doi.org/10.31435/rsglobal_wos/31052020/7091.
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The article analyses the provisions of the legislation of Ukraine covering the assignment of economic intellectual property rights. It concluded that legal acts provide various terms and synonyms. The article provides the overview of the relevant clauses of the elaborated draft laws in intellectual property field. It is noted that in these draft laws changes in terminology are not given due attention. The article proposes the changes to the Civil Code of Ukraine, Laws of Ukraine "On Protection of Plant Variety Rights", "On Protection of Rights to the Composition of Semiconductor Products" and draft laws of Ukraine "On Amendments to Certain Legislative Acts of Ukraine (on Patent Legislation Reform)" , "On Amendments to Certain Legislative Acts of Ukraine Concerning Strengthening the Protection and Advocacy of Rights to Trademarks and Industrial Designs and Combating Patent Trolling" and "On Copyright and Related Rights".
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Ponkin, I. V. "The notion of “culture” in the laws of foreign states." Voprosy kul'turologii (Issues of Cultural Studies), no. 9 (August 5, 2020): 65 (100)—73 (107). http://dx.doi.org/10.33920/nik-01-2009-06.
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The paper is devoted to a review and study of the experience of consolidating the definitions and interpretations of the term “culture” in the laws of foreign countries. The article examines the acts of 8 foreign countries (Australia, Canada, Colombia, Korea, Malta, USA, Switzerland, Japan). The author draws attention to the fact that the absence of a legal definition of the term “culture” in Russian legislation entails significant defects in public administration in the field of culture in Russia. English version of the article is available on pp. 100-107 at URL: https://panor.ru/articles/the-concept-of-culture-in-the-laws-of-foreign-countries/66379.html
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Smith, Robert Brian. "Cybercrime in ASEAN: Anti-Child Pornography Legislation." Journal of Indonesian Legal Studies 5, no. 2 (November 1, 2020): 277–94. http://dx.doi.org/10.15294/jils.v5i2.37931.
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Child pornography is one of the most pernicious crimes amongst the various forms of cybercrime. Offensive materials can be quickly disseminated over the internet with no respect for international borders. ASEAN leaders undertook at their 31st ASEAN Summit to prevent and tackle cybercrime including harmonising their laws. This paper is based on an analysis of the cybercrime legislation of all ten ASEAN countries to determine how the offence of child pornography is covered in their legislation. As the offence has extra-territorial consequences the analysis includes a discussion of the extraterritorial reach of the legislation. It was found that most of the jurisdictions have specific statutes or specific articles in their Criminal Codes concerning the crime of child pornography. They do not necessarily refer to cybercrime or computer-related crime. Mutual cooperation is essential in combating cybercrime as is legislation that clearly defines the offence and is agreed across all jurisdictions. The paper analyses the current status of harmonization of laws in ASEAN and discusses a possible way forward in the harmonization of anti-child pornography legislation across ASEAN.
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Goh, Elaine. "Clear skies or cloudy forecast?" Records Management Journal 24, no. 1 (March 11, 2014): 56–73. http://dx.doi.org/10.1108/rmj-01-2014-0001.
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Purpose – Using the example of audiovisual materials, this paper aims to illustrate how records-related and archival legislation lags behind advances in technology. As more audiovisual materials are created on the cloud, questions arise about the applicability of national laws over the control, ownership, and custody of data and records. Design/methodology/approach – This paper analyses court cases relating to audiovisual materials in the cloud and archival legislation from three Commonwealth countries: Canada, Australia, and Singapore – representing North America, the Pacific, and Asia respectively. Findings – Current records-related and archival legislation does not effectively address the creation, processing, and preservation of records and data in a cloud environment. The paper identifies several records-related risks linked to the cloud – risks related to the ownership and custody of data, legal risks due to transborder data flow, and risks due to differing interpretations on the act of copying and ownership of audiovisual materials. Research limitations/implications – The paper identifies the need for records professionals to pay greater attention to the implications of the emerging cloud environment. There is a need for further research on how the concept of extraterritoriality and transborder laws can be applied to develop model laws for the management and preservation of records in the cloud. Originality/value – The paper identifies record-related risks linked to the cloud by analyzing court cases and archival legislation. The paper examines maritime law to find useful principles that the archival field could draw on to mitigate some of these risks.