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1
Catton, Darren J. "Should retail lease legislation in Australia be simplified?" Thesis, Queensland University of Technology, 2017. https://eprints.qut.edu.au/106791/1/Darren_Catton_Thesis.pdf.
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The purpose of this thesis is to determine whether retail shop lease legislation in Australia should be simplified in relation to five major topics of concern. Such a determination will be achieved primarily by analysing and comparing the different legislation in each Australian jurisdiction. In addition, other simplified Australian legislation and the Voluntary Leasing Codes for England and Wales will be analysed. Such analysis will allow the preparation of recommendations for simplified retail leasing legislation.
2
Cheung, Francis. "Bilingual legislation for Hong Kong." Thesis, University of Ottawa (Canada), 1993. http://hdl.handle.net/10393/6519.
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Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.
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Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.
4
Azzi, John. "The role of CFC legislation in protecting Australia's domestic income tax base." Thesis, The University of Sydney, 1997. http://hdl.handle.net/2123/20011.
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Rumble, Tony Law Faculty of Law UNSW. "Synthetic equity and franked debt: capital markets savings cures." Awarded by:University of New South Wales. School of Law, 1998. http://handle.unsw.edu.au/1959.4/17591.
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Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-economic reform. As Government Budget restructuring occurs in Australia, demographic change (eg, the ageing population) undermines the ability of public funded welfare to provide retirement benefits. Responsibility for self-funded retirement is an important contributor to increasing private savings. Investment in growth assets such as corporate stock is increasing in Australia, however concerns about volatility of asset values and yield stimulate the importance of investment risk management techniques. Financial contract innovation utilising financial derivatives is a dominant mechanism for that risk management. Synthetic equity products which are characterised by capital protection and enhanced yield are popular and efficient equity risk management vehicles, and are observed globally, particularly in the North American market. Financial contract innovation, risk management using financial derivatives, and synthetic equity products suffer from an adverse tax regulatory response in Australia, which deprives Australian investors from access to important savings vehicles. The negative Australian tax response stems from anachronistic legislation and jurisprudence, which emphasises tax outcomes based on legal form. The pinnacle of this approach is the tax law insistence on characterisation of financial contracts as either debt or equity, despite some important financial similarities between these two asset types. Since derivatives produce transactions with novel legal forms this approach is unresponsive to innovation. The negative tax result also stems from a perception that the new products are tax arbitrage vehicles, offering tax benefits properly available to investment in stocks, which is thought to be inappropriate when the new products resemble debt positions (particularly when they are capital protected and yield enhanced). The negative tax response reflects administrative concerns about taxpayer equity and revenue leakage. This approach seeks to impose tax linearity by proxy: rather than utilising systemic reform to align the tax treatment of debt and equity, the current strategy simply denies the equity tax benefits to a variety of innovative financial contracts. It deprives Australians of efficiency enhancing savings products, which because of an adverse tax result are unattractive to investors. The weakness of the current approach is illustrated by critical analysis of three key current and proposed tax laws: the ???debt dividend??? rules in sec. 46D Income Tax Assessment Act 1936 (the ???Tax Act???); the 1997 Budget measures (which seek to integrate related stock and derivative positions); and the proposals in the Taxation of Financial Arrangements Issues Paper (which include a market value tax accounting treatment for ???traded equity,??? and propose a denial of the tax benefits for risk managed equity investments). The thesis develops a model for financial analysis of synthetic equity products to verify the efficiency claims made for them. The approach is described as the ???Tax ReValue??? model. The Tax ReValue approach isolates the enhanced investment returns possible for synthetic equity, and the model is tested by application to the leading Australian synthetic equity product, the converting preference share. The conclusions reached are that the converting preference share provides the key benefits of enhanced investment return and lower capital costs to its corporate issuer. This financial efficiency analysis is relied upon to support the assertion that a facilitative tax response to such products is appropriate. The facilitative response can be delivered by a reformulation of the existing tax rules, or by systemic reform. The reformulation of the existing tax rules is articulated by a Rule of Reason, which is proposed in the thesis as the basis for the allocation and retention of the equity tax benefits. To avoid concerns about taxpayer equity and revenue leakage the Rule of Reason proposes a Two Step approach to the allocation of the equity tax benefits to synthetics. The financial analysis is used to quantify non-tax benefits of synthetic equity products, and to predict whether and to what extent the security performs financially like debt or equity. This financial analysis is overlayed by a refined technical legal appraisal of whether the security contains the essential legal ???Badges of Equity.??? The resulting form and substance approach provides a fair and equitable control mechanism for perceived tax arbitrage, whilst facilitating efficient financial contract innovation. The ultimate source of non-linearity in the taxation of investment capital is the differential tax benefits provided to equity and debt. To promote tax linearity the differentiation needs to be removed, and the thesis makes recommendations for systemic reform, particularly concerning the introduction of a system of ???Franked Debt.??? The proposed system of ???Franked Debt??? would align the tax treatment of debt and equity by replacing the corporate interest deduction tax benefit with a lender credit in respect of corporate tax paid. This credit would operate mechanically like the existing shareholder imputation credit. The interface of this domestic tax credit scheme with the taxation of International investment capital, and the problems occasioned by constructive delivery of franking credits to Australian taxpayers via synthetics, are resolved by the design and costings of the new system, which has the potential to be revenue positive.
6
Harding, Ian M., and n/a. "The introduction of privacy legislation to Australia as a case study in policy making." University of Canberra. Administrative Studies, 1998. http://erl.canberra.edu.au./public/adt-AUC20060720.124331.
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The basis of this study was my belief that the introduction of the present privacy
legislation had been done in such a "try and see" manner. To me, the whole process
"begged" for a much closer look to try to understand the rationale behind successive
governments' decisions on this policy initiative.
I begin my look at the process from the 1960s as this is when general public concern for
the security of personal information was high. I then move to the introduction of the
proposed Australia Card and its demise and then to the present. Then, with reference to
the "classic" policy analysis authors, I show that the implementation of federal privacy
laws in Australia was an excellent example of how not to go about convincing the
public the new laws would offer the protection they, the public, sought. I also explore
the reasons behind negative lobbying by certain non-government sector interests to
demonstrate how this sector has influenced government thinking.
As an example of the study of a policy issue this thesis shows the effect a lack of
planning, and a terrible lack of communication, can have on the introduction of any new
legislation. Much of this is due to the fact that the real issue behind the introduction of
privacy legislation was that of increasing taxation revenue and not the protection of
individuals' privacy. The privacy legislation was the "sweetener" the government
believed was needed to satisfy the general public's concerns so that the government
could achieve the desired result for its taxation revenue policy.
7
Harrison, Peter, and n/a. "A THEORY OF LEGISLATION FROM A SYSTEMS PERSPECTIVE." University of Canberra. Law, 2007. http://erl.canberra.edu.au./public/adt-AUC20081204.115715.
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In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates.
The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a parliament. I cite two reasons for such a conclusion.
The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law.
I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated ?the legal practice?, and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law.
8
Tooma, Rachel Anne Law Faculty of Law UNSW. "A case for a uniform statutory general anti-avoidance rule in Australian taxation legislation." Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/29348.
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Taxpayer certainty is the most frequently cited argument against statutory General Anti-Avoidance Rules (GAARs). However the vast literature criticising statutory GAARs fails to consider the extent of taxpayer uncertainty, and the potential for taxpayer uncertainty, in jurisdictions without a statutory GAAR. This thesis examines that gap in the literature. The thesis uses inductive reasoning to suggest that there is greater taxpayer certainty where a statutory GAAR exists and is appropriately administered. Specifically, it uses a case study to demonstrate that there is greater uncertainty for taxpayers where the administration, the judiciary and the legislature may use their vast powers to address perceived avoidance. The thesis then considers the form of a statutory GAAR that may best be expected to promote taxpayer certainty. Such analysis involves a comparison of Australia???s oldest statutory GAAR, Part IVA of the Income Tax Assessment Act 1936 (Cth) (and its predecessor section 260), with the more recent GAARs in Australia???s indirect tax legislation (GST and state stamp duty), and the GAARs of other jurisdictions, including New Zealand, Canada and South Africa. In order to promote taxpayer certainty, a uniform statutory GAAR is ultimately proposed for all Australian taxation legislation, with safeguards to ensure the appropriate administration of the uniform GAAR.
9
Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains." Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
10
Taylor, Anne. "Australian occupational protective footwear standards under mutual recognition legislation : can end-user protection levels be reduced as a result of the introduction of this legislation in Australia in 1993?" Thesis, Federation University Australia, 1993. http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/164830.
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"This thesis aims to investigate the effect of mutual recognition legislation on the sale and use of occupational protective footwear within Australia to determine if there is the potential for end-user protection levels to be reduced below those required by the Australian Standard, AS/NZS 2210."Master of Applied Science
11
Lane, Karen Lesley. "Broadcasting, democracy and localism : a study of broadcasting policy in Australia from the 1920s to the 1980s." Title page, table of contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phl2651.pdf.
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Birch, Charles 1971. "Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective." Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.
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Au, Chris C. K. (Chris Chun Kwok) 1951. "A qualitative investigation into adjustment, recovery, and dynamic factors for people who were stalked." Monash University, Dept. of Psychological Medicine, 2003. http://arrow.monash.edu.au/hdl/1959.1/5518.
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Aitken-Fox, Eileen Mary. "Compliance with Employment-Related Legislation: Challenges for Small and Medium Businesses in Western Australia." Thesis, Curtin University, 2016. http://hdl.handle.net/20.500.11937/53025.
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All businesses have employment-related legislative obligations; irrespective of company size, non-compliance is subject to punitive actions. Small and medium enterprises (SMEs) employ a significant percentage of the Western Australian workforce; their survival and appetite to recruit and manage staff effectively are critical. Fifty (50) SME owner/managers and stakeholders contributed to this qualitative research, the objective of which is to identify factors that help and hinder compliance of SMEs in meeting legislative requirements in the employment jurisdiction.
15
Bates, Ian George Bindon. ""Necessity's inventions" : a research project into South Australian inventors and their inventions from 1836 to 1886." Title page, contents and abstract only, 2000. http://web4.library.adelaide.edu.au/theses/09ARM/09armb3924.pdf.
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"August 2000" Includes bibliographical references (leaves 115-118) and index of inventors 1. Introduction, overview of years 1836-1886 -- 2. The Patent Act, no. 18, of 1859 -- 3. The Provisional Registration of Patents Act, no. 3, of 1875 -- 4. The Patent Act, no. 78, of 1877 -- 5. Numerical list of inventions
16
Graham, Nicole. "Lawscape : paradigm and place in Australian property law." Phd thesis, Faculty of Law, 2003. http://hdl.handle.net/2123/6269.
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Ludlow, Karinne Anne. "Which little piggy to market? : legal challenges to the commercialisation of agricultural genetically modified organisms in Australia." Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/5489.
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au, gswensen@westnet com, and Greg Swensen. "Reform of Minor Cannabis Laws in Western Australia, the United Kingdom and New Zealand." Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070507.150143.
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The past three decades has been a period of intense and sustained debate in a number of major Western countries about the wisdom of police continuing to apply legislation which can severely punish offenders by fines and even imprisonment because of laws and policies that prohibit the use, possession and cultivation of cannabis.
The large and growing number of young adults who have been exposed to the drug, some of whom have been charged and received criminal convictions with attendant deleterious effects on their employment and wellbeing, has forced policy makers to re-evaluate the justification for continuing to criminalise cannabis.
This thesis examines in detail the law reforms that occurred in early 2004 with respect to cannabis offenders in Western Australia (WA) and the United Kingdom (UK) and what lessons these reforms may hold for other jurisdictions interested in decriminalisation of minor cannabis offences.
A study was undertaken to compare the shortcomings and advantages of the different approaches to reform followed in WA and the UK. Reference to the reform in the UK, will be confined to meaning England, Wales and Northern Ireland as the necessary administrative guidelines have not so far been issued for Scotland.
In WA the reforms required a substantial legislative effort to establish a complex framework that outlined in detail the circumstances when police may issue cannabis infringement notices (CINs), whereas in the UK the approach involved limited legislative activity by the reclassification of the legal status of cannabis and by providing police with administrative guidelines issued by the Association of Chief Police Commissioners as to how to exercise their discretion in issuing formal warnings for a minor cannabis offence.
A comparison is made with New Zealand (NZ), where in spite of there being a similar process of deliberation and consultation as in WA and the UK, the government refused to implement formal reform because of a perception it was unable to decriminalise minor cannabis offences because of the restrictions imposed of agreement between the Clarke Labour Government and a minor political party.
The example of the failure of government in NZ to achieve reform illustrates the importance that in some jurisdictions there will be a significant role for non parliamentary advisory bodies and lobby groups to argue for reform and to garner public support when reform has stalled or been frustrated.
The thesis also includes a preliminary exploratory study using a number of indicators, such as prevalence and conviction data, to determine if the reforms implemented by the CIN scheme have resulted in or are likely to create unanticipated harms and to explore some of the issues in being to determine whether changes in law enforcement practices and priorities have impacted on the cannabis market or are likely to change the way cannabis may be transacted in WA.
19
Kim, Jeong Ah. "The role of legislation in driving good occupational health and safety management systems: A comparison of prescriptive based legislation." Queensland University of Technology, 2004. http://eprints.qut.edu.au/15966/.
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Countries seek to control exposure to hazardous substances and environments by the enactment of legislation. In the past thirty years, two major different approaches to occupational health and safety legislation have been devleoped by countries around the world. The performance-based legislative approach has been linked with the emergence of occupational health and safety management systems but no research has previously been done to determine whether or not the legislative approach taken by government influences the introduction or form of occupational health and safety management systems used by organisations. Similarly, although the reasons why Australia and other countries have moved to performance-based legislation have been explained in terms of social, political and economic factors that influenced the change, little research has been done on the effectiveness of this approach compared with the prescriptive approach of countries such as Korea. -I- The overall aim of this research is to develop a conprehensive understanding of the management of expusre to heavy metals in selected industries in Korea and Australia. The specific objectives of the study are to determine: The effectiveness of heavy metal exposure management in the fluorescent lamp manufacturing industry in Korea, and an Oral Health Service, and lead-risk workplaces in Queensland, Australia; The management of the legislative arrangements for health surveillance in Korea and Queensland, Australia; The characteristics of the occupational health and safety management systems that are in use in the heavy metal industries in Korea in Australia; and The effectiveness of prescriptive and performance based legislative systems in protecting the health and safety of workers in heavy metal based industries. Secondary analysis of biological monitoring data from 6 fluorescent lamp manufacturing companies (8 workplaces) in Korea was used to examine the extent of mercury exposure and the effectiveness of the health surveillance system in that country. A survey of dental workers in an oral health service in Queensland provided data on the extent of mercury exposure to the workforce and workers' attitudes to the management of occupational risks. The efficiency of the lead health surveillance in Queensland was examined by way of a questionnaire survey of lead designated doctors in the state. A survey of registered lead-risk companies and the oral health servies in Queensland, and 5 of the fluorescent lamp manufacturing companies in Korea provided data on the occupational health and safety management systems in place in these organisations. The health surveillance system for mercury exposed workers in Korea was found to have reduced the incidence of workers with biological levels of mercury above the Baseline Level from 14% in 1994 to 7% in 1999. Bilogical testing of dental workers in Queensland discovered no workers with biological levels of mercury approaching the Baseline Level and air monitoring failed to locate any areas where workers were likely to be exposed to levels approaching the Workplace Exposure Standard. The staff of the Oral Health Service were generally aware of the occupational health and safety management systems in place but only 43% felt that mercury management in the workplace effectively prevented exposure. The lead surveillance system in Queensland was found to be inadequately managed with approximately 37% of registered doctors no longer practicing in the field and their being no way for the government to collect reliable data on the extent of lead exposure in workplaces. The occupational health and safety management systems in the companies surveyed in Queensland and Korea were found to be influenced by the legislative arrangements in place in each of the locations. The Korean systems were more geared to meeting the regulatory requirements whereas the Queensland systems were geared more towards a risk management approach. However substantial differences were also noted depending on the size of the organisation in each case. Legislative arrangements in Korea and Queensland were found to provide reasonable protection from heavy metal exposure to workers however improvements in both systems are needed. The legislation was also found to influence the occupational health and safety management systems in place with performance-based legislation producing systems having a wide risk management focus while a narrower regulatory based focus was noted in Korea where more prescriptive legislation is in force. A confounding factor in the nature of the occupational health and safety management system in place is the size of the organisation and particular attention needs to be paid to this when legislative approaches are considered.
20
Kim, Jeong-Ah. "The role of legislation in driving good occupational health and safety management systems: A comparison of prescriptive based legislation." Thesis, Queensland University of Technology, 2004. https://eprints.qut.edu.au/15966/1/Jeong-ah_Kim_Thesis.pdf.
Full textAbstract:
Countries seek to control exposure to hazardous substances and environments by the enactment of legislation. In the past thirty years, two major different approaches to occupational health and safety legislation have been devleoped by countries around the world. The performance-based legislative approach has been linked with the emergence of occupational health and safety management systems but no research has previously been done to determine whether or not
the legislative approach taken by government influences the introduction or form of occupational health and safety management
systems used by organisations. Similarly, although the reasons why Australia and other countries have moved to performance-based
legislation have been explained in terms of social, political and economic factors that influenced the change, little research has been
done on the effectiveness of this approach compared with the prescriptive approach of countries such as Korea.
-I-
The overall aim of this research is to develop a conprehensive
understanding of the management of expusre to heavy metals in selected industries in Korea and Australia.
The specific objectives of the study are to determine:
The effectiveness of heavy metal exposure management in the fluorescent lamp manufacturing industry in Korea, and an Oral Health Service, and lead-risk workplaces in Queensland, Australia; The management of the legislative arrangements for health surveillance in Korea and Queensland, Australia;
The characteristics of the occupational health and safety management systems that are in use in the heavy metal industries in Korea in Australia; and The effectiveness of prescriptive and performance based legislative systems in protecting the health and safety of workers in heavy metal based industries.
Secondary analysis of biological monitoring data from 6 fluorescent lamp manufacturing companies (8 workplaces) in Korea was used to examine the extent of mercury exposure and the effectiveness of the health surveillance system in that country. A survey of dental workers in an oral health service in Queensland provided data on the extent of mercury exposure to the workforce and workers' attitudes to the management of occupational risks. The efficiency of the lead health surveillance in Queensland was examined by way of a questionnaire survey of lead designated doctors in the state. A survey of registered lead-risk companies and the oral health servies in Queensland, and 5 of the fluorescent lamp manufacturing companies in Korea provided data on the occupational health and safety management systems in place in these organisations.
The health surveillance system for mercury exposed workers in Korea was found to have reduced the incidence of workers with biological
levels of mercury above the Baseline Level from 14% in 1994 to 7% in 1999. Bilogical testing of dental workers in Queensland discovered no
workers with biological levels of mercury approaching the Baseline Level and air monitoring failed to locate any areas where workers were likely to be exposed to levels approaching the Workplace Exposure Standard. The staff of the Oral Health Service were generally aware of the occupational health and safety management systems in place but only 43% felt that mercury management in the workplace effectively prevented exposure.
The lead surveillance system in Queensland was found to be inadequately managed with approximately 37% of registered doctors
no longer practicing in the field and their being no way for the government to collect reliable data on the extent of lead exposure in workplaces. The occupational health and safety management systems in the companies surveyed in Queensland and Korea were found to be influenced by the legislative arrangements in place in each of the locations. The Korean systems were more geared to meeting the regulatory requirements whereas the Queensland systems were geared more towards a risk management approach. However
substantial differences were also noted depending on the size of the organisation in each case.
Legislative arrangements in Korea and Queensland were found to provide reasonable protection from heavy metal exposure to workers however improvements in both systems are needed. The legislation was also found to influence the occupational health and safety management systems in place with performance-based legislation producing systems having a wide risk management focus while a narrower regulatory based focus was noted in Korea where more
prescriptive legislation is in force. A confounding factor in the nature of
the occupational health and safety management system in place is the size of the organisation and particular attention needs to be paid to this
when legislative approaches are considered.
21
Radbone, Ian. "A history of land transport regulation in South Australia : the relevance of public choice theory." Title page, contents and summary only, 1989. http://web4.library.adelaide.edu.au/theses/09PH/09phr124.pdf.
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Jarrett, Stephanie Therese. ""We have left it in their hands" : a critical assessment of principles underlying legal and policy responses to aboriginal domestic violence ; a location study /." Title page, table of contents and abstract only, 1997. http://web4.library.adelaide.edu.au/theses/09PH/09phj373.pdf.
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Andre, Edward E. "Investigating information management weaknesses in a local government organisation: A critical hermeneutic ethnographic case study of internet documents from information warfare and legal perspective(s)." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/633.
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In this thesis I develop an approach to analyse and interpret internet documents belonging to a particular organisation in a State of Australia. My intention in the research is to find ways to protect a local government organisation from litigation and other threats due to weaknesses in information management on the internet. Based on Gadamer's (1985) approach to the interpretation of text discourse, this thesis is a critical hermeneutic ethnographic case study of one local government organisation investigating internet docunents from information warfare and legal perspective(s).
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment." Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
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McKerchar, Margaret Anne Australian Taxation Studies Program UNSW. "The impact of complexity upon unintentional noncompliance for Australian personal income taxpayers." Awarded by:University of New South Wales. Australian Taxation Studies Program, 2002. http://handle.unsw.edu.au/1959.4/19253.
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This study explores the impact of complexity upon unintentional non-compliance behaviour for personal taxpayers in Australia. This area of research did not appear to have been previously studied in an Australian context and in this respect, the study represents an original contribution. While studies have been conducted both in Australia and overseas, they have generally been directed at other types of compliance behaviour and tend to be inconclusive in their findings. According to the compliance literature, there appeared to be little consensus of opinion on the factors that determined behaviour and appropriate research methods. It emerged that more narrowly-defined studies with stronger research methods offered potential for furthering knowledge in this field. Thus the study focused on one behavioural outcome and one type of taxpayer, using a multi-paradigm research method. Unintentional non-compliance, as an outcome, was selected as it appeared to hold promise for improvements in overall compliance to be readily made, provided its causes were understood. Complexity was considered to be the most likely cause of unintentional non-compliance, and those who prepared their own income tax return, the group likely to be most affected. The study used both a quantitative and qualitative component from which a number of convergent results emerged. These included that the major cause of complexity was the ambiguity of tax laws and the volume of explanatory material required. Further, personal taxpayers were committed to compliance even though they regarded the system as less than fair. Together, complexity and commitment to compliance caused taxpayers to experience unnecessary compliance costs. Where taxpayers completed their own return, complexity resulted in a high level of errors that generally resulted in an overstatement of tax liability. In addition, some taxpayers chose to be over-compliant as a means of dealing with complexity and commitment. It was concluded that complexity compromised the integrity of the Australian income tax system by imposing an unfair burden on personal taxpayers in respect of both tax paid and compliance costs incurred. However, there appeared to be little, if any, financial incentive for the tax authority to address the causes of complexity for personal taxpayers.
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Rahman, Nasrin. "A comparative analysis of domestic violence against women in Australia and Bangladesh : government policies, legislation and organisational responses." Thesis, Federation University Australia, 2018. http://researchonline.federation.edu.au/vital/access/HandleResolver/1959.17/171163.
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This is a comparative study of Domestic Violence (DV) between Australia (Victoria) and Bangladesh. It examined the interrelationship between factors which contribute to DV, government policies and legislation developed to deal with DV, and organisational responders (police and DV Crisis Support Services) implementing strategies and remedies in the policies and legislation. A comparative country case study strategy was adopted utilising triangulation of methods of data collection including an analysis of the countries’ respective policies and legislation and conducting in-depth interviews with key responder personnel. The conceptual framework identified policies and legislation as Steering Media, which influenced a society’s beliefs embedded in the Lifeworld, and which guided the actions of responders to DV in the two different countries’ Systems. Differences and similarities were found between the two countries. The main common factor was the identification of gender inequality as an underlying factor causing DV. Some social and cultural factors exist in both countries such as poverty. Some factors were specific to Australia, such as the consumption of alcohol; and in Bangladesh, such as dowry and dependency on men. Of significance is that gender equality is enshrined in the Bangladeshi Constitution, while Australia relies on legislation that could potentially be changed to disadvantage women. Differences revealed include identification of victims and perpetrators, with Bangladesh specifically naming women and children as victims but never the perpetrator and Australia (Victoria) naming any family member as victim or perpetrator. Also, responders deal with DV victims and perpetrators differently according to the policies and legislation of both countries. This research has implications for both theory and practice in both countries. The findings have potential to contribute to changes in policy and legislation related to DV as well as in the practice level by responders across both countries, learning from each other in the process.Doctor of Philosophy
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Higgs, Robin JED Law Faculty of Law UNSW. "Implantable surgical devices issues of product liability." Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/24292.
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Patients who have undergone treatment that has included the surgical implantation of a prosthetic device can become dissatisfied for many reasons. One cause for dissatisfaction is any adverse event where there is a demonstrable causal nexus with the failure of a device that is defective or at risk of being so. The magnitude of therapeutic product failure is considerable and therapeutic goods such as Vioxx, Thalidomide, silicon-gel-filled breast implants, contaminated blood products, cardiac pacemakers and valves, and orthopaedic devices are testimony to this. Many of these events have exposed a greyish area of Australian law that balances medical negligence with consumer protection and contract law. Australian product liability legislation that regulates the use of therapeutic goods is a complex amalgam of law that has at its foundations the Trade Practices Act 1974 (Cth) and the Therapeutic Goods Act 1989 (Cth). When a surgical device fails there can be exposure to liability. This thesis explores those important issues that can impact on individuals or on organisations and it is evident that where issues of product liability concern implanted surgical devices the current regulations for consumer protection may not always be the most appropriate. It is evident that there is a culture of under-reporting of adverse events to a Therapeutic Good Administration that does not have the resources to investigate the cause for failure of a surgical device. Furthermore, there is a potential for bias and conflict of interest in an environment where the regulator depends on the regulated for the funding of its existence. Other issues include the complex and often undesirable consequences of those partnerships that can evolve with the development of an implantable device and with the undertaking of clinical trials, the role of the learned intermediary, that interface between manufacturer and consumer, and the role of the expert witness, that interface between justice and injustice. These and other matters that can significantly influence any debate of implantable surgical device product liability are explored and recommendations are made that might form the basis of a Therapeutic Goods (Safe Medical Devices) Amendment Act.
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Cleary, Paul. "Iron ore dreaming : a study of native title negotiations in the Pilbara, Western Australia." Phd thesis, Canberra, ACT : The Australian National University, 2014. http://hdl.handle.net/1885/150452.
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Knight, Raymond. "The interplay of formal and informal rule systems in government primary schools." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1996. https://ro.ecu.edu.au/theses/951.
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The aim of this dissertation is to examine the effects of regulation upon the practice and behaviour of teachers within a bureaucratic educational organisation. More specifically, the study had been designed to understand how teachers make sense of the rules and regulations of their organisation and identify strategies that they apply to make these rules serve these interests. The rule system theory of Swedish sociologist, Burns and Flam, was employed to inform the study. Thirty teachers, employed at two school sites, were included in this qualitative study. The initial data were collected by questionnaires and a survey of formal rules. From this initial population a stratified sample of fourteen people was selected for interview. Eight subjects were interviewed a second time. The data collected by these means was coded according to its correspondence to the research questions raised for the study. The most significant finding arising from this study was that teachers' knowledge and level of consciousness of the rules and regulations were minimal. Information that they did have was gained through immersion in their workplace and contained a great deal of informal or cultural lore, based upon approximations of the actual regulations The teachers tended to rely on the principal of the school for information about what was permissible and what was not, including role reference direction. All of the teachers interviewed reported that they had an obligation to work within the rules and regulations, even though, as indicated above, they were not aware of the specifics of the formal rule system. A second significant finding related to the responses of the school administrators. Unlike the teachers, their knowledge of the rules was comprehensive but they reported that they often ‘interpreted' the regulation seeking the 'spirit rather than the 'letter' of the rule. They all reported that they believed the rules to be out-dated and, in many cases, irrelevant. Some of the administrators interviewed reported negative attitudes towards the regulations, bordering on contempt in one case the principals reported that they disregarded many of the rules when they felt impeded by them. The only exceptions were rules that carried negative sanctions for non-compliance. Therefore, much of the school level regulation was based on approximations of the official rules and regulations developed by the principal, who assured compliance amongst their staff. It is clear from this study that descriptions of schools as rule governed institutions are oversimplifications of how the formal and informal rule systems, as suggested by Burns and Flam, serve to steer bureaucratic organisations. Senior administrators use the formal rules to establish and bolster their power and authority; at the same time they use considerable discretion in applying or ignoring official rules in order to accomplish what they determine is in the interests of the school.
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Alhassun, Abdulrahman. "Australia's Say-on-Pay Rule: Pay-Performance Link and Auditors' Response." Thesis, Griffith University, 2021. http://hdl.handle.net/10072/406051.
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Over the last three decades, executive compensation has attracted considerable media attention worldwide and has become a significant issue in corporate governance debates among academic and business communities. Specifically, due to corporate collapses and scandals in the early 2000s as well as the global financial crisis of 2008, managerial remuneration has been subjected to much criticism in recent years. Regulators and activist shareholders around the world have advocated that shareholders have a greater say (vote) on executive pay and greater influence in the boardroom to restrain managerial power and rent extraction. Therefore, Say-on-Pay (SoP) legislation has been enacted in several countries including the United Kingdom, the United States, France, Germany, Japan, Canada, Brazil, China, Russia, India, Belgium, Spain, Sweden, Switzerland, the Netherlands, Finland, Denmark, Norway, Italy, South Africa, Israel, and Slovenia. Australia also has introduced SoP regulation, namely the ‘two-strikes’ rule in 2011 after a decade of growing concerns with the ‘fat cat’ pay and rewards for failure. Australia’s ‘two-strikes’ rule is viewed as a unique and innovative governance tool in that it empowers minority shareholders to remove a board of directors if a listed company receives a ‘strike’ against its remuneration report in two consecutive years. However, giving shareholders more power to have a greater direct say over the executive pay have been heavily debated. Proponents of SoP laws argued that allowing shareholders votes on executive compensation would increase accountability and transparency and incentivize boards to fulfil their fiduciary duty and ensure that CEOs are paid for performance, and thereby maximise shareholder value. In contrast, opponents argued that SoP rules would empower shareholders who lack the required expertise and sophistication, and therefore are likely to abuse their voting rights and put unnecessary pressure on the board of directors to adopt compensation contracts that may potentially destroy firm value.
Given that Australia has moved away from the CLERP9 advisory vote to Australia’s ‘two-strikes’ rule, an important policy question to address is whether this change has had a positive or negative effect and whether this transition achieved or failed the intended goal to align the interests of management with those of shareholders by improving the relationship between executive compensation and firm performance. Given that the ‘two-strikes’ rule has specific and predictable consequences for Australian firms, this thesis has three objectives. First, this thesis examines the pay-performance relation before and after the introduction of the ‘two-strikes’ rule on ‘non-strike’ firms. Second, this thesis investigates whether the incidence of receiving a ‘first strike’ improves the pay-performance link in the long term. Third, this thesis investigates whether auditors respond to the incidence of receiving the first ‘strike’ by increasing the audit fees, issuing modified audit opinion, or resigning from an audit engagement.
Within executive remuneration, CEO pay draws the most attention from the media, politicians, and the public. CEO pay also captures the philosophy and essence of executive remuneration structure. Hence, this thesis focuses on CEO pay. Using a large sample of Australian Securities Exchange (ASX)-listed firms with 9,513 firm-year observations for the period 2004-2016, this thesis estimates both CEO pay-performance sensitivity (PPS) and pay-performance elasticity (PPE). To avoid possible sample selection bias, this thesis employs a propensity score matching (PSM) design to match ‘first strike’ firms (treatment) with ‘non-strike’ (control) firms. As part of robustness tests and to enhance the credibility of the findings, the thesis adopts an alternative control sample. It employs a Matched-Pair Design (MPD) with a three-way matching strategy: financial year, GICS-based economic-sector classification, and firm size. Multivariate panel data estimation and logistic regression techniques were used for analysing data and drawing inferences.
Findings in relation to the first research question suggest that, among the ‘nonstrike’ firms, the pay-performance relation was positive and statistically significant before the enactment of the ‘two-strikes’ rule in 2011. Specifically, CEO wealth of Australian firms increased by $51 for every $1000 increase in the shareholder value. With respect to pay-performance elasticity for Australian firms, CEO remuneration increased by 8% for each 10% increase in shareholder value. However, the relationship was reversed after the introduction of the ‘two-strikes’ rule. Specifically, CEOs of the Australian firms experienced pay cuts of about $12 for each $1,000 increase in shareholder value post-2011. With respect to pay-performance elasticity, CEO pay decreased by 0.78% for each 10% increase in shareholder value during the 2012-2016 period. The results for both sensitivity and elasticity support the interference hypothesis that the implementation of the ‘two-strikes’ rule with the threat of removing the boards in a very public way may have put unnecessary pressure on Australian boards to punish their CEOs more severely than they deserved.
The reversal of the pay-performance link post-2011 can be explained as the following. There is no collective definitive view of the shareholders about the remuneration report until the annual general meeting takes place. A ‘first strike’ itself can bring a firm under negative spotlight. Further, it can be viewed as a reprimand of the board’s poor corporate governance practice. A ‘first strike’ can suggest the presence of high agency costs in the firm signalling other potential problems to shareholders, lenders, and auditors. Regulators might also take interest in the firm to have a closer scrutiny of its governance practice. All things considered; most firms listed on the ASX might have taken a pre-emptive measure of avoiding a ‘first strike’ by significantly reducing CEO compensation while improving firm performance. This could create a negative relation between CEO pay and firm performance in the ASX-listed firms after the implementation of the ‘two-strikes’ rule (2012-2016).
Findings regarding the second research question suggest that, unlike the ‘nonstrike’ firms, the estimated sensitivity of CEO compensation of the ‘first strike’ firms with respect to shareholder wealth following the ‘first strike’ were all negative and significant. The sum of the shareholder wealth change coefficients implies that the wealth of CEOs of the ‘first strike’ firms decreased by about $15 whenever shareholder wealth increased by $1,000 during 2012-2016. With respect to the elasticity model, the results indicate that for a 10% increase in shareholder wealth, the CEO received pay cuts of about 0.12%. By examining the significance of coefficients on the interactions between the ‘first strike’ and changes in shareholder wealth, this thesis finds evidence that receiving a ‘first strike’ is not significantly associated with pay-performance sensitivity or elasticity in the year of the ‘first strike’.
Overall, the results suggest that Australian shareholders may focus more on how much executives are paid (the total of CEO remuneration) rather than how they are paid (the pay-performance link). Furthermore, the results imply that after receiving the ‘first strike’ boards may punish CEOs more severely than they deserve by reducing future remuneration even though shareholder wealth is increasing in the long run. Thus, allowing minority shareholders to remove the boards may put public pressure on Australian firms and lead to the unintended consequence of decreasing the total CEO compensation, rather than improving the alignment of executive pay and firm performance in the long run. Further, the results suggest that shareholders may not have the sophistication necessary to use their new voting power and to target firms with weaker pay-performance relation. Thus, it might be argued that the dissatisfaction of minority shareholders may not reflect specific concerns about poor remuneration design but rather other issues such as capital raising, declining share price, and poor or unexpected financial results.
Findings with regard to the third research question suggest that relative to ‘nonstrike’ firms, auditors were more likely to increase audit fees, resign or be removed from the office in the year following the ‘first strike’. Furthermore, the thesis finds that firms receiving a ‘first strike’ tend to have higher incidence of modified audit opinions than control firms. This result suggests that the incidence of a ‘first strike’ may signal clients’ higher business and/or audit risk to the auditors. In sum, the findings support the notion that the public scrutiny associated with campaigns by shareholder activists heightens auditors’ concerns about reputational damage and litigation risk. The results also suggest that the external auditors should use the incidence of a ‘first strike’ as an input in their risk assessments.
This thesis contributes to the CEO compensation literature in general and the pay-performance link literature in particular by investigating the pay-performance link in preand post-implementation periods of Australia’s ‘two-strikes’ rule (2005-2011 and 2012-2016, respectively). The findings of the thesis have important policy implications for other countries that are in the process of adopting some form of SoP regulation. The findings are important in informing investors, analysts, and managers that shareholder activism in the form of votes on the remuneration report can have diverse consequences. Moreover, awarding ‘excessive’ power to minority shareholders can lead to unintended consequences. The findings of this thesis would have important implications for boards in terms of taking defensive actions to avoid a ‘first strike’ against remuneration reports. Furthermore, the findings of this study are important for activist shareholders in terms of helping them to vote wisely because such a ‘strike’ could lead to negative effects on the firm in the future. The findings of this thesis would have important implications for auditors in terms of using the ‘first strike’ as an input to their audit risk assessments. Finally, the findings of this thesis provide important insights for the global debate on governance of executive compensation.Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
Dept Account,Finance & Econ
Griffith Business School
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Harte, David. "Internet content control in Australia : data topology, topography and the data deficit." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1073.
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The success of the online adult industry has provoked a public policy controversy over the need for internet censorship, and in recent times there has emerged desire to protect minors from possibly unsuitable content. On January 1st 2000, the Broadcasting Services Amendment (Online Services) Act (Cwlth, 1999) (BSA) was proclaimed. The Act purports to regulate and control Internet content in Australia. Operating in tandem with the Act is the Internet Industry Association Code of Practice, giving Australia a co-regulatory approach to Internet content control. The Australian Broadcasting Authority (ABA) is charged with implementing the regime. This study sets out examine the Internet content control problem in the Australian context. The political issues surrounding the topic of Internet censorship and the lack of reliable operational statistics, revealed the difficulty of estimating the effectiveness of the current control regime. Pivotal questions for the study concerned the scope and scale of content control in the Australian context and trends in hosting. This study used website typology, as defined by data topology and data topography, to examine the scope and scale of the content control task, and the implications for the effectiveness of the BSA. It was expected that if the BSA was to have an impact, that a discernible change in user download behaviour should ensue. This study used information provided by the adult Internet Content Provider (ICP) industry to gauge the BSA's impact-on user download behaviour as a measure of the control regime’s effectiveness. It was suggested by some observers that the so-called 'data deficit' between Australia and the US would be exacerbated by the new content control regime, with possible negative implications for the conduct of e-commerce in Australia generally. A study of Australian adult website hosting arrangements and data topography was conducted to examine the implications of the control regime for the "data deficit'. This study suggests that most Australian online adult content is in fact hosted in the US. The reasons for offshore hosting are almost totally financial and pre-date the introduction of the Broadcasting Services Act (Online Services) Amendment Act 1999. The study also suggests that any effect on the 'data deficit' should be minimal, and that the typology of adult content websites in such that the current co-regulatory regime may prove ineffective in controlling access to adult content.
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Syarif, Laode Muhamad. "The implementation of international responsibilities for atmospheric pollution : comparison between Indonesia and Australia." Thesis, Queensland University of Technology, 1999.
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Sims, Hazel Jane. "A case study of pressure group activity in Western Australia: Medical care of the dying bill (1995)." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1220.
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When the Australian Labor Party member for Kalgoorlie, Ian Taylor, presented his Private Member's Bill - the Medical Care of the Dying Bill (1995), he laid the foundation for this thesis. Mr Taylor introduced his Bill to the Western Australian Legislative Assembly on 28 March 1995. The Bill codified the terminally ill patient's right to refuse medical treatment, which clarified common law. This thesis attempts to overcome the dearth of literature in Western Australian lobbying concerning conscience-vote issues. It also identifies the key issues in understanding political lobbying, the form of pressure group activity that takes place and why certain groups respond in different ways. The pressure groups selected for this case study are examined, classified and evaluated resulting in a prescription for lobby group activity for similar conscience-vote issues. According to the Bill's sponsor, Ian Taylor, the legislation was needed to deal with the inconsistencies in common law of the medical treatment of terminally ill people. The Law Reform Commission in its 1991 Report on Medical Treatment for the dying, stated that there was a need to deal with the issue in Western Australia. Due to the advances in medical treatment practices in the past 50 years, doctors can prolong the life of patients for whom there is no cure. The major problem, however, is the Criminal Code: doctors and care providers can be at risk of prosecution and conviction if the patient's wishes are respected and medical treatment is withdrawn, leading to the patient's death. At present there is a general common law right to refuse medical treatment. According to Mr Taylor, the difficulty lies in the fact that in Western Australia, the common law is overridden by the Criminal Code. The Bill also highlighted the role of palliative care and the treatment of the dying. The opinion of most pressure groups was that the rights of terminally ill patients should be protected and enhanced. Of the groups selected for this case study, only the Coalition for the Defence of Human Life objected to the Bill. Other groups supported the principles of the Bill, while some hoped for voluntary euthanasia legislation and others gave tacit approval. Of all the groups the L. J. Goody Bioethics Centre distinguished itself as a key organisation which tended to monopolise political influence. Media exposure of the issue was high, particularly in The West Australian. The "right to die" issue was canvassed and often was reported with references to euthanasia. At the same time the Northern Territory legislation, the Rights of the Terminally Ill Bill (1995), was receiving much media attention. The issue of euthanasia was necessarily discussed in the context of national and international arenas. The political masters of thought on citizen participation and group theory were introduced early in the thesis. John Locke, Jean -Jacques Rousseau, James Madison, Alexis de Tocqueville, Thomas Paine and John Stuart Mill provided valuable insight into the nature of modern political thought on this interesting aspect of political activity. Contemporary political writers such as Trevor Matthews. Dean Jaensch and Graham Maddox were also consulted. The eight pressure groups selected for the study were the: • West Australian Voluntary Euthanasia Society Inc. • Coalition for the Defence of Human life • Australian Medical Association (WA Branch) • Australian Nursing Federation (WA Branch) • L. J. Goody Bioethics Centre • Silver Chain Nursing Association Inc. • Uniting Church of Australia • Anglican Church of Australia Information from the groups formed a significant part of this thesis. An attempt was made in the conclusion to ascertain the effectiveness of the various strategies utilised by the pressure groups and provide an insight into lobbying practices. Ultimately, though, the contentious Bill was not given a third reading. Nor was it debated in the Legislative Council. At one stage it was considered likely that the Bill would be recommitted to parliament. The monitoring of the Medical Care of the Dying Bill (1995) undertaken in this thesis, indicates that this would have been a lengthy and divisive process.
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Lidberg, Johan. "‘For Your Information’ - The impact of Freedom of Information legislation on journalism practice and content in Western Australia and Sweden." Thesis, Lidberg, Johan (2002) ‘For Your Information’ - The impact of Freedom of Information legislation on journalism practice and content in Western Australia and Sweden. Masters by Coursework thesis, Murdoch University, 2002. https://researchrepository.murdoch.edu.au/id/eprint/41196/.
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This thesis examines what impact the vastly different Freedom of Information (FoI) regimes in Australia (specifically Western Australia) and Sweden have on journalistic practice and content in the two countries. While there is extensive literature on FoI itself, very little work has been done on the extent to which FoI is utilised as a journalistic tool to obtain information, how it is used, and what impact, if any, it has on the end product – the published stories. The project comprises three separate studies. Two of the studies deal with journalistic practice based on FoI use in two newsrooms (one radio, one newspaper) in Perth, Western Australia and two comparable newsrooms in Karlstad, Sweden. The third study is a content analysis of the two newspapers in the project.
The first chapter outlines the background and compares the different approaches to FoI in Western Australia and Sweden. The chapter also puts the two FoI Acts into perspective by providing an international overview. Chapter two describes the overall methodology of the project and explains its rationale. Chapters three, four and five detail the methodologies behind each study and present the findings. Finally, in the conclusion, the most important findings of the project are summarised and future areas of study are identified.
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Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918." Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.
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Pennington, Katie R. "An uncomfortable interface. Medicines legislation and its impact on the delivery of healthcare by registered nurses in very remote Australia: A mixed-methods study." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2023. https://ro.ecu.edu.au/theses/2619.
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Registered Nurses (RNs) play a critical role in very remote Australia (VRA), where they enable timely access to medicines. This mixed-methods study examined legislation, knowledge, attitudes, and practices of RNs regarding the use of medicines and the law in VRA. Current legislation is inconsistent and confusing regarding authorised roles for RNs, and most have likely practised outside the law in the provision of medicines. There is a lack of evidence regarding the safety, quality, and consumer perspectives on RNs working throughout the complete medicines management cycle in VRA. Significant legislative and workforce reform is required to enable lawful practice.
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Moore, Gregory Allison Business Law & Taxation Australian School of Business UNSW. "A theory-based description of Australian franchising regulation." Publisher:University of New South Wales. Business Law & Taxation, 2008. http://handle.unsw.edu.au/1959.4/41223.
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This paper examines franchising regulation in Australia as a case study for the analysis of regulation based on established regulatory theory. A literature review is conducted to establish and critique the theory of regulation based on the four main areas of established theory; regulatory purpose, regulatory strategies, rulemaking and enforcement. Case study data is drawn from primary source material and academic commentary on franchising regulation and presented according to the eras of franchising regulation in Australia, moving from the first proposals for legislation in the 1970s to the prescribed mandatory Franchising Code of Conduct model adopted in 1998 and refinements made to that scheme up to 2006. An analysis is then conducted on each major aspect of Australian franchising regulation using the established theoretical principles and analytical constructs available in the literature. The study concludes that the Franchising Code of Conduct regime, as a culmination of the experience gained and study undertaken in the preceding eras, is characterised by the availability of a broad range of enforcement options from harsh deterrence-oriented measures to more gentle and cooperative compliance-oriented options constituting an effective regulatory pyramid. The effectiveness of the regime is further bolstered by the presence of a credible regulatory strategy pyramid which emphasises the real possibility of escalated intervention, coupled with skilful deployment by the Australian Competition and Consumer Commission as enforcement agency. The principal weakness of the scheme is identified as unnecessarily ambiguous drafting in some areas, which compromises the quality of the otherwise highly transparent ruleset. It is suggested that the choice of regulatory strategy, often a focus of superficial examinations of regulation, is largely irrelevant to the nature of the regulation, with other features such as enforcement strategy, legitimacy, and availability of credible sanctions proving much more important. A proposal for an analytical framework based on the established theory is developed based on the experience of applying that theory to the case study. While this outlined framework assists in broadening focus across the entire regulatory regime to encourage assessment of the component parts, a lack of cohesion and linkage amongst the components highlights a shortcoming in the development of regulatory theory and an opportunity for further research.
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Tongue, Susanne Patricia. "The emergence and implementation of the Commonwealth Sex Discrimination Act 1984, with particular reference to five exemptions." Thesis, Queensland University of Technology, 1994.
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My thesis is that legislation, and particularly legislation which influences fundamental social behaviour, reflects the environment in which it is developed.
It inevitably reflects the compromises forced by interest groups and others during its creation and passage through the parliament It is flawed because of the process. I demonstrate this in an emergence study of the Commonwealth Sex Discrimination Act 1984 and an implementation study of five exemptions contained in it.
The legislation is contrasted with legislation in force
overseas. The analysis is done with reference to relevant jurisprudence including feminist jurisprudence, realism and critical legal theory.
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Chan, Hok Kee Nelson. "Contaminated land valuation and the problem of stigma." Phd thesis, Australia : Macquarie University, 2001. http://hdl.handle.net/1959.14/48464.
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Thesis (PhD)--Macquarie University, Graduate School of the Environment, 2001.Bibliography: p. 10-1 to 10-23.
An overview of contaminated land issues -- Land contamination law -- The impact of environmental planning on contaminated land value -- Identification and management of contaminated land -- Contaminated land valuation method - an overview -- Current stigma assessment methods -- Suggested method for stigma assessment -- General conclusion.
This dissertation is about the valuation of contaminated land and the problem of stigma. The value of contaminated land is to a large extent affected by statutory regulations. Stigma, if it exists, is another factor that has significant impact on contaminated land value. This thesis looks at the relevant laws governing contaminated land in Australia. It also introduces an alternative method to assess the stigma factor. -- Contaminated land is a major environmental problem. Apart from causing actual or potential threats to human health and the environment, contaminated land also leads to legal liabilities and financial losses to the landowner. Regarding financial losses, they may be costs to meet legal requirements in relation to clean up and long term monitoring expenses. In addition, they may be losses due to a drop in market value and/or rental of the property, longer vacancy periods, high remediation and monitoring costs. In the extreme case, the property may lose marketability completely. -- Regarding valuation methods, most valuers use traditional valuation methods with arbitrary adjustments. The most straightforward method is the impaired value (affected value) approach. It requires the valuer to assess the property on a clean land basis. From the unimpaired (clean) value, other financial losses due to contamination, remediation costs and stigma value loss are deducted to get the impaired value. The most difficult part is to quantify stigma impact. The existing stigma assessment methods are not satisfactory. Alternative and non-traditional methods are available. However they are academic and are not suitable for day-to-day operation of a valuer. This thesis suggests a multi-criteria decision-making model to assess stigma impact. The target stigma factor is obtained by processing the relevant criteria with the Analytic Hierarchy Process (AHP) method. The best alternative from the model is the reasonable stigma factor for the property.
Mode of access: World Wide Web.
various pagings ill. (some col.)
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Wright, Kara. "Mid West–Gascoyne District police officers’ experience with the Cannabis Infringement Notice Scheme." Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2012. https://ro.ecu.edu.au/theses/473.
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Cannabis is currently the most frequently used illicit drug in Australia. Research has revealed a range of health, economic, criminal and social consequences associated with the drug. The widespread use of cannabis and the consequences associated with its use has ignited strong political and social debate as to what response should be taken to minimise the harmful effects of the drug. In order to reduce the harms associated with cannabis, and in line with the national harm minimisation framework, the Western Australia (WA) Cannabis Infringement Notice (CIN) scheme commenced in 2004. The introduction of the CIN scheme as part of the Cannabis Control Act 2003 (WA) aimed to divert minor, first-time cannabis offenders into cannabis education sessions. As police are gatekeepers to the criminal justice system they play an important role in the diversion of cannabis offenders away from the justice system. As such, police officers’ experience with the CIN scheme is a valuable source of information to guide well informed cannabis related policy and legislation. Despite the significance of research related to police officers’ experiences with cannabis policy and legislation, a review of the literature reveals that the existing body of research has neglected regional police officers’ understanding of and experience with cannabis legislation. As a result, this qualitative research seeks to explore regional police officers’ perceptions towards, and experience with, the WA CIN scheme. Developing an understanding of the CIN scheme from the perspective and experience of police officers is essential if we are to begin developing and implementing more effective cannabis policies. This research is focused on Mid West–Gascoyne District police officers’ experience with the CIN scheme. A phenomenological approach has been adopted so the focus remains on police officers’ lived experience. Data was collected through semistructured interviews with ten operational police officers. Analysis reveals that police officers’ experience with the CIN scheme centres around three key themes: their knowledge of the scheme, the surrounding circumstances they are faced with when implementing the scheme, and their perceptions of cannabis as a drug and of cannabis users.
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Fernandez, Joseph M. "Loosening the shackles of the truth defence on free speech : making the truth defence in Australian defamation law more user friendly for media defendants." University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0075.
Full textAbstract:
Defamation laws truth defence the oldest, most obvious and principal defence has failed Australian media defendants. Few who mount the defence succeed. Many, discouraged by the defences onerousness, do not even attempt it. As a consequence the journalistic articulation of matters of public concern is stifled. This thesis argues that the limitations of the Australian truth defence are inconsistent with established freedom of speech ideals and the public interest in having a robust media. As a result society is constrained from enlightened participation in public affairs. This thesis proposes reforms to alleviate the heavy demands of the defence so as to promote the publication of matters of public concern and to strike a more contemporary balance between freedom of speech and the protection of reputation. These reforms employ defamation laws doctrinal calculus to reposition the speech-reputation fulcrum. While defamation law has for decades attracted reform attention, the truth defence has languished by the wayside. This thesis steps into the breech. The cornerstone of this thesis is a proposal to reverse the burden so that the plaintiff bears the burden of proving falsity of the defamatory publication where: the complainant is a public figure; the matter complained about is a matter of public concern; and the suit involves a media defendant. While this proposal is likely to dramatically alter the prevailing Australian freedom of speech/protection of reputation equilibrium, other measures are proposed to serve as a bulwark against the wanton destruction of reputation.
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Golding, Greg. "The reform of misstatement liability in Australia's laws." Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
Full text
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Annakin, Lindy. "In the public interest or out of desperation? The experience of Australian whistleblowers reporting to accountability agencies." Thesis, The University of Sydney, 2011. http://hdl.handle.net/2123/7904.
Full textAbstract:
Whistleblower protection legislation in Australia has three objectives: (i) to facilitate the making of disclosures about public interest wrongdoing in government departments, (ii) to ensure such disclosures are properly dealt with, and (iii) to ensure the protection of whistleblowers. These objectives align with the three core purposes of accountability: reporting information, justification and debate, and the rectification of any wrongdoing. Using empirical data collected by a national research project, ‘Whistling While They Work’, this thesis analyses the experiences of whistleblowers who make their disclosures to external accountability agencies - auditors-general, ombudsmen, corruption and crime commissions and public sector standards. The whistleblowers in this study reported wrongdoing to their own departments, out of loyalty to their organisation and trusting that their managers shared their ethical values and commitment to integrity. Only when this trust was breached, did they make their disclosures to external accountability agencies in the hopes of achieving rectification of the wrongdoing and protection from reprisals. The focus of the analysis is on the extent to which accountability agencies are achieving the objectives of the legislation. The fundamental conclusion is that they are not. Resource constraints and problems with the legislation itself, particularly the ‘public interest’ threshold test, clearly contribute to agencies’ limited achievements. In large part, however, accountability agencies have failed to develop approaches to whistleblowing that take into account the needs and vulnerabilities of whistleblowers. Accountability agencies trust the ‘distributed integrity’ in government departments in the same way as they do for other areas of their work, for example, complaints from the general public. In doing so, they fail to use the many-faceted experience of whistleblowing to improve accountability. All too often, they simply confirm whistleblowers’ disappointment in the standards of ethics and accountability within the public sector.
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Clarke, Tamsin. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation /." 2005. http://www.library.unsw.edu.au/~thesis/adt-NUN/public/adt-NUN20050317.121845/index.html.
Full text
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Evans, N. "Jurisdictional disputes and the development of offshore petroleum legislation in Australia." Thesis, 1998. https://eprints.utas.edu.au/19699/1/whole_EvansNathan1999_thesis.pdf.
Full textAbstract:
This thesis examines the reform of the legislative regime for governing offshore oil
development on Australia's continental shelf. In particular, the thesis explores how
several factors have combined to shape the Commonwealth's offshore petroleum
legislation at various stages since its original enactment. The more important of these
factors include questions of constitutional law, the impact of the emerging law of the sea,
the Commonwealth's policy-making and administrative expertise, and the input of state
governments and the oil industry to Commonwealth offshore policy.
The thirty year history of the Petroleum (Submerged Lands) Act can be considered as
having evolved through four distinct phases. During the 1960s, the Commonwealth
legislated to accommodate the states' much greater capacity to administer offshore oil
development. The second phase of offshore policy in the 1970s is characterized by the
Commonwealth's assertion of its superior legislative capabilities over offshore areas visa-vis
the states. Following the associated inter-governmental tension, the third
evolutionary phase in the early 1980s represents a return to a collaborative offshore
policy approach. The fourth phase corresponds with the current mature state of the regime
wherein the Commonwealth now prevails in offshore petroleum policy but still involves
the states directly in continental shelf policy making under Commonwealth law. Despite
the responsibilities of the Commonwealth and states shifting over time because of the
influence of the factors identified above, the participation of both spheres of government.
in continental shelf policy has never been seriously doubted. This thesis argues that it is
the joint exercise of decision-making powers by the Commonwealth and states that has
provided stability to an otherwise volatile area of natural resources policy. In strictly legal terms, the Commonwealth could have asserted its jurisdiction in
respect of the extended continental shelf when it first entered this legislative policy field
in 1967. Because of the particular combination of factors prevailing at that time, however,
the Commonwealth instead vacated to the states the policy field of offshore petroleum.
The early role assumed by the states assured them of continued participation in the
Commonwealth's offshore petroleum regime, even after offshore jurisdiction was divided
three miles offshore in 1980 as part of the Offshore Constitutional Settlement (OCS). At the same time, the Commonwealth has come to realize the necessity of state
government input to its continental shelf regime. While the Commonwealth has
increasingly legislated to reduce the role of the states in offshore petroleum policy, this
sphere of government still participates directly in administering the continental shelf
regime through the exercise of Commonwealth powers.
That the Commonwealth has progressed its marine resources policies within the
context of the OCS without sending Australia back into another phase of offshore
disputation testifies to the maturation of this policy area, and the legal and administrative
regimes established to govern offshore petroleum development. The thesis shows that the
regime established under the Petroleum (Submerged Lands) Act has handled
jurisdictional issues with a high degree of success through its evolving partnership
between the Commonwealth and the states. Although the offshore petroleum regime does
have some shortcomings, the legislation nonetheless provides a model by which
jurisdictional differences over offshore resources can be overcome. Thus, the offshore
petroleum regime established under the OCS arrangements has relevance for other
federations struggling with offshore jurisdiction issues, particularly the United States.
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Nicol, D. "Patenting of human genetic material in Australia." Thesis, 1997. https://eprints.utas.edu.au/21043/1/whole_NicolDianne1997_thesis.pdf.
Full textAbstract:
Attempts to patent human genes by large biotechnology companies are viewed with intense suspicion within the wider community. Religious groups, indigenous peoples, scientists and even companies themselves are beginning to recognise that excessively broad patents on genes may be inappropriate. Research on human genes, on the other hand, is recognised as providing many benefits to society, particularly in the diagnosis and treatment of genetic diseases. Effective diagnosis and treatment will require considerable investment in research by biotechnology companies. Companies will not provide that investment without protection of the type usually afforded by the patent system. Tensions between the need for companies to patent their research and the perceived inappropriateness of patenting human genes have not yet been fully explored in Australia. My aim in this thesis is to explore these tensions and suggest means for reconciliation.
The threads of the debate on patenting genes are difficult to unravel. Before a full assessment of the issues can be made, a description of the two highly technical areas of Australian patent law and genetics is required. I first provide those descriptive backgrounds, thereby establishing the framework around which the other issues can be assessed.
1. The ethics of human genetic research. Regimes already exist outside the patent system for ethical scrutiny of all biomedical research, including human genetic research.
Human genetic research also raises questions involving invasion of privacy and genetic discrimination, for which the law may not yet provide adequate safeguards.
2. The role of commercialisation in human genetic research and its applications.
Development of genetic products occurs within a competitive commercial environment. There is a need to moderate the excesses that might occur in a purely market-driven system.
3. Patenting of human genetic material.
Australian patent law principally requires:
• an invention
• full disclosure
• commercial applicability
• novelty and
• an inventive step.
Provided that these requirements are met human genetic material is patentable, apart from gene sequences of unknown function and naturally occurring sequences.
Patent rights should not be confused with real property rights. Nor should human genes be confused with life and humanity. Patents merely provide a temporary right to exploit an invention, they do not imply ownership. Once this distinction is realised many of the ethical concerns are adequately addressed by the current system. I conclude by recommending that the tensions associated with patenting human genetic material can be resolved within the patent system, principally through limitations that already exist but are seldom used.
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Van, den Berg Lize-Marguerite. "Tourist guiding legislation : South Africa, Australia and Canada in a comparative perspective." Diss., 2016. http://hdl.handle.net/2263/56518.
Full textAbstract:
Not only is tourism becoming one of the fastest growing industries of both the developed and developing countries, it is also the point of entry into a country and its culture. The movement of people between countries and the burgeoning size of the tourism industry has created the need for the professionalisation of tourist guides within countries. Furthermore, there has also developed a need for implementing tourist guiding legislation to better regulate the tourism sector.
The tourist guide has become one of the key industry players, because he or she is usually the first point of contact between the tourist and the country. As such, this study will focus on the development and implementation of tourist guiding legislation in three destinations: South Africa, Canada and Australia. It will compare the different regulatory measures each country has implemented and also look at the relationship between the tourist guide and government, as well as the relationship of the tourist guide and the tourist. The importance of the tourist guide as mediator or interpreter will also be focused on. Lastly the concept of cross-border tourism will also be considered, this is because people usually visit more than one country when they go on holiday and tourist guides will often have to operate between the two countries and take part in cross-border tourism.
In short, this study will be a comparative one primarily concerned with tourist guiding legislation within South Africa, Canada and Australia. It will consider the place of the tourist guide within the historical and practical context.Dissertation (MHSC)--University of Pretoria, 2016.
National Research Foundation (NRF)
Historical and Heritage Studies
MHCS
Unrestricted
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Josephian, Virginia Louise. "Divorce in Australia : 1947-1982." Phd thesis, 2004. http://hdl.handle.net/1885/149646.
Full text
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"The Application of Anti-dumping and Countervailing Measures in Australia." University of Technology, Sydney. Faculty of Law, 1996. http://hdl.handle.net/2100/267.
Full textAbstract:
The application of anti-dumping and countervailing measures has always been controversial, particularly, as they do not address the issue of the level of local value added in the production process. Are these measures simply industry assistance measures under another guise, or are they to protect the 'fair trade' framework to further the opportunity for free trade? All the indications are that these measures reflect the former option. However, the global political climate as represented through the GATT and now the WTO Agreements is to tolerate the imposition of both anti-dumping and countervailing measures provided they are applied according to the provisions of the Agreements. It is becoming increasingly more difficult for any nation state to abolish the right of their 'guest' industries to obtain anti-dumping or countervailing relief, given the economic power of multinational industries operating within their boundaries. The practical issue is for each nation state to use these measures in a way which is of least detriment to their economy. Gruen in 1986 reviewed the application of the then Customs Tariff (Anti-Dumping) Act 1975, and found that there needed to be a tightening-up of the injury test applied to anti-dumping cases. It is recommended that Gruen's tougher injury standards be implemented forthwith. He also recommended a continuing role for the Industry Commission as the appeal body for a review of the facts, and for there to be a continuing assessment of the effects of the measures imposed. The government, however, created an Anti-Dumping Authority attached to the then Department of Industry Technology and Commerce (DITAC), whose member and officers came from that department. The principal function of this body was to review the preliminary decisions of Customs, and to recommend the imposition of duties or acceptance of an undertaking to the Minister. There was no provision for an independent review of facts. One of the results of the increased complexity of the existing process and consequently the law, is a large increase in litigation before the Federal Court. There is a need to simplify the administrative structure and the provisions of the domestic law. The latter should be accomplished by the incorporation of the provisions of the WTO Agreements directly into domestic law. The espoused policy objectives of the government have not been met. The application of anti-dumping and countervailing measures favour import competing industries, and are against countries from which imports are growing. Korea and China have been singled out, with these countries showing the highest incidence of import weighted of anti-dumping measures. They also happen to be countries with which Australia has a trade surplus, a policy factor which is neglected by the administering authorities. There is a need to redress this imbalance. Predation identified by the government as a reason for taking anti-dumping action, has been shown not to be a reason for the application of anti-dumping duties in Australia. As a small country, Australia should take advantage of the use of the WTO dispute settlement process in settling anti-dumping and countervailing disputes. Consultations should commence at the earliest possible stage in inquiries, with the view to the settlement of the dispute by trade negotiation so that the outcome can be beneficial to both parties. This may, for example, allow for the specialisation in production between the two Members. WTO dispute settlement is seen as a positive approach to dispute settlement, whereas the use of the domestic courts tends to elevate the dispute between the parties. The Department of Foreign Affairs and Trade needs to take a leadership role in settling all anti-dumping and countervailing actions through the WTO dispute settlement process, with a view to a positive outcome for both Members. Placing an anti-dumping import tax on intermediate products entering Australia is counter-productive, as it increases the cost of inputs to downstream users. Temporary relief should be given by way of production subsidy, if the matter cannot be resolved through WTO trade consultations.