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1
Lee, Alvin, and Claire Lambert. "Corporate Social Responsibility in McDonald’s Australia." Asian Case Research Journal 21, no. 02 (December 2017): 393–430. http://dx.doi.org/10.1142/s0218927517500146.
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This case focuses on marketing public policy and legislation issues in the business environment. The Commonwealth Government of Australia wants to impose mandatory warning labels for fast-food served by quick-service chainrestaurants like McDonald’s. These warnings are to appear on fast-food packaging to warn diners of the possible harms arising from consuming fast-food. This is similar to the warnings that are used in Australia on tobacco product packages. This highlights a turning point where legislators appear to be heeding calls of vocal pressure groups to curb and legislate the industry’s activities. The loudest calls have appeared in well-publicized legal cases and film documentaries like Super-Size Me. McDonald’s has been well-aware of these challenges. The company continues to respond and fight legal challenges on these points. As a result, the company has improved its supply chain, employees’ work-conditions, their treatment of animals, their stores, food and customer service to offer leaner, healthier and more upmarket products. The few vocal critics who have secured media coverage seem to rely on sensationalizing the issue — e.g., eating McDonald’s for 30 days makes you fat. They seem to ignore the results from other experiments where people who ate suitable portions of McDonald’s food for the same 30 day period actually lost weight. Other challenges that have been found to be lies in courts of law include allegations of animal cruelty, unsafe food and food that makes people obese. Yet the public continue to believe these allegations. Can the industry do more, or do something different, to change people’s minds?
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Allan, T. R. S. "Ad Hominem Legislation in Australia." Cambridge Law Journal 56, no. 1 (March 1997): 4–6. http://dx.doi.org/10.1017/s0008197300017542.
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Keyes, Mary. "Jurisdiction Clauses in New Zealand Law." Victoria University of Wellington Law Review 50, no. 4 (December 2, 2019): 631. http://dx.doi.org/10.26686/vuwlr.v50i4.6305.
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The Trans-Tasman Proceedings Acts 2010, mirror legislation in New Zealand and Australia, regulate the allocation of jurisdiction in trans-Tasman civil proceedings. The legislation includes provisions dealing with the effects of jurisdiction clauses. This article considers the treatment of jurisdiction clauses under the statutory regime and the common law regime which provides for the effect of jurisdiction clauses that are outside the scope of the legislation, how these regimes differ, and their relative strengths and weaknesses.
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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (April 2, 2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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Panchenko, Volodymyr, Yurii Harust, Yana Us, Olena Korobets, and Vladyslav Pavlyk. "Energy-Efficient Innovations: Marketing, Management and Law Supporting." Marketing and Management of Innovations, no. 1 (2020): 256–64. http://dx.doi.org/10.21272/mmi.2020.1-21.
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This paper summarises the arguments and counterarguments within the scientific discussion on the issue of promotion energy-efficient innovations by marketing, management and law supporting. The innovative development is considered to be an essential condition to provide a high level of social and economic development. Thus, energy-efficient innovations are considered to be among the most critical drivers of qualitative economic growth and increasing the country’s competitiveness in the world market. Systematisation literary sources and approaches for solving the problem of promoting energy-efficient innovations indicated that government and scientists give the powerful punch in energy-efficient development. In view of this, it is appropriate to do the bibliometric research on publication activity on energy-efficient innovation from law aspect. The primary purpose of the study is to analyse the structure and dynamic of scientific publications in the field of energy-efficient legislation in the economic subject areas. The object of study is the chosen publications indexed in the Scopus database by keywords such as: «energy-efficient innovations», «energy law», «environmental legislation», «energy-efficient policy» in the category «title, abstract, keywords». The current study involved data from 1913 papers published on 13 languages in the subject area «Business. Management and Accounting» and «Economics, Econometrics, and Finance» from 2000 to 2019. Using VOSviewer, bibliometric analysis of publications on the issue of energy-efficient legislation was conducted from the view of the publication activity dynamic, considering the most impact articles, and countries in the issues of energy-efficient legislation researches. According to the obtained results, the increasing dynamic of publication activity from 2000 to 2019 was detected. Furthermore, it was visualised four clusters of countries’ collaborations by co-authorship as follows: 1) between the USA, the EU countries (including the United Kingdom) and China; 2) the EU countries, as well as South American such as Brazil and Chile; 3) African countries and the EU countries; 4) between Asian and African countries. Furthermore, the authors highlighted the most influencing articles in the field of energy-efficient innovations that could be the basis for future investigations promoting innovative activity in the field of energy-efficient development. Keywords bibliometric analysis, energy-efficient innovations, environmental legislation, energy policy, Scopus, VOSviewer.
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Esbati, Anahita, Margaret Barnes, Amanda Henderson, and Jane Taylor. "Legislation, policies and guidelines related to breastfeeding and the Baby Friendly Health Initiative in Australia: a document analysis." Australian Health Review 42, no. 1 (2018): 72. http://dx.doi.org/10.1071/ah16067.
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Objectives The aim of the present study was to assess the extent to which publicly available legislation, policy and guidelines related to breastfeeding and the Baby Friendly Health Initiative (BFHI) underpin and support the uptake and implementation of the BFHI in Australia. Methods Altheide’s document analysis model (sample, data collection, data organisation, data analysis and report) was used to source and analyse publicly available legislation, policies and guidelines in Australia that were related to breastfeeding and the BFHI at national, state and professional organisational levels. Results Legislation documents contained no direct references to the BFHI or Code of Marketing of Breast-milk Substitutes, despite the documents being supportive of breastfeeding. There is little reference to the Code of Marketing of Breast-milk Substitutes or to monitoring of the Marketing in Australia of Infant Formulae (MAIF) Agreement at national and state levels. A gap exists in documents that provide up-to-date records regarding monitoring of breastfeeding rates at the national level. Conclusions National and state guidelines are supportive of breastfeeding and the BFHI. However, the BFHI and Code of Marketing of Breast-milk Substitutes are not legislated in Australia and information related to breastfeeding rates is not up to date. A legislative establishment supporting the Code and establishing plans to monitor the MAIF Agreement and breastfeeding outcomes may influence uptake and implementation of the BFHI. What is known about the topic? Extensive evidence supports the health and economic benefits of breastfeeding. Despite a high initiation rate of breastfeeding in Australia (96%) most recently reported in 2010, the rate of breastfed infants dropped considerably over time: approximately 15% of infants were breastfed for the recommended 6 months. Research supports the positive effect of the BFHI on increasing breastfeeding rates and improving breastfeeding outcomes. In 2016, there are 69 Baby-friendly-accredited maternity facilities across Australia, compared with 77 accredited facilities in 2011 (~23% of all maternity facilities). What does this paper add? This is the first document analysis of publicly available legislation, policy and guidelines related to breastfeeding and the BFHI at Australian national, state and professional organisational levels to assess the extent to which these documents support breastfeeding, as well as the uptake and implementation of the BFHI. This study identifies strengths and weaknesses at legislative, policy and guideline levels that could potentially influence the uptake and implementation of the BFHI. What are the implications for practitioners? The uptake and implementation of the BFHI is potentially influenced by legislation, policy and guidelines at national and state levels. Given the low uptake of the BFHI in Australia, this analysis outlines the extent to which these documents support breastfeeding and the BFHI, and indicates what these documents lack with regard to supporting the uptake and implementation of the BFHI.
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Bird, Ruth. "Legal Research and the Legal System in Australia." International Journal of Legal Information 28, no. 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.
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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.
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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (May 1, 2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.
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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.
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Fahey, James, and Rosemary Lyster. "Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms." Journal for European Environmental & Planning Law 4, no. 5 (2007): 378–92. http://dx.doi.org/10.1163/187601007x00316.
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AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent regulatory framework for geosequestration projects, using existing petroleum legislation. These efforts have been driven by a lack of existing Australian legislation that provides an adequate and discrete regime dealing with the issues of responsibility and liability for geosequestered gas, although the release of draft legislation in this area is now imminent. It assesses some State legislative attempts to allow for the underground storage of carbon dioxide, and argues that these fail to satisfactorily deal with the long term (indefinite) nature of the storage aspect of geosequestration projects. Finally, this article examines the States' and Commonwealth's powers to legislate in respect of the injection and storage of carbon dioxide.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (May 22, 2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Williams, Peter John, and Angelique Mary Williams. "Sustainability and planning law in Australia: achievements and challenges." International Journal of Law in the Built Environment 8, no. 3 (October 10, 2016): 226–42. http://dx.doi.org/10.1108/ijlbe-06-2016-0008.
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Purpose Since 1992, all levels of government in Australia have pursued a policy of ecologically sustainable development (ESD). Crafted in response to the World Commission on Environment and Development 1987 report Our Common Future (the Brundtland Report), the principles contained in the Australian Government’s National Strategy for Ecologically Sustainable Development have been progressively implemented at the national, state and local levels of government. The purpose of this paper is not only to track the implementation of these principles, through both policy and law in Australia, but also to highlight recent challenges to the concept of ESD using the state of New South Wales (NSW) as a case study. Design/methodology/approach Beginning with a description of the Australian concept of ESD, this paper first examines the implementation of ESD through both policy and legislation at the national level. The state of NSW is then selected for more detailed assessment, with examples of key State government legislation and court decisions considered. Equal emphasis is placed on both the achievements in ESD policy development and implementation through legislation, statutory planning procedures and litigation, as well as the challenges that have confronted the pursuit of ESD in NSW. Findings Since its introduction in 1992, the concept of ESD has matured into a key guiding principle for development and environmental decision-making in Australia. However, in recent years, ESD has been the target of significant challenge by some areas of government. Noteworthy among these challenges has been a failed attempt by the NSW Government to introduce new planning legislation which sought to replace ESD with the arguably weaker concept of “sustainable development”. Apparent from this episode is strong community and institutional support for robust sustainability provisions “manifested through ESD” within that State’s statutory planning system. Originality/value This paper provides an overview of the implementation of ESD in Australia within both a broader international context of sustainable development and specific instances of domestic interpretation and application. It extends this analysis by examining recent public policy attempts to reposition sustainability in the context of statutory planning system reform in NSW.
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Kirkby, Kenneth C., and Scott Henderson. "Australia's mental health legislation." International Psychiatry 10, no. 2 (May 2013): 38–40. http://dx.doi.org/10.1192/s174936760000374x.
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Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.
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Storm, Ansia, and Katrina Coetzee. "Towards Improving South Africa's Legislation On Tax Evasion: A Comparison Of Legislation On Tax Evasion Of The USA, UK, Australia And South Africa." Journal of Applied Business Research (JABR) 34, no. 1 (December 29, 2017): 151–68. http://dx.doi.org/10.19030/jabr.v34i1.10106.
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The fight against tax evasion in South Africa is an ongoing battle. The tools available to law enforcement boil down to legislation and the enforcement thereof. The purpose of the study that was done for this article was to compare available legislation of the United States of America, United Kingdom, Australia and South Africa to determine if South Africa’s legislation can be improved. This was done by studying the relevant literature and legislation of all four countries. The findings, that there is some clauses that can be added to improve South Africa’s legislation, were confirmed by analyzing the legislation available. In theory, the results have proven that although South Africa’s legislation can compete with that of the United States of America, United Kingdom and Australia, there is some improvement that can be considered. This is of value to the individuals and professionals who deal with the offence of tax evasion on a daily basis, ensuring that the reviewed legislation will deter perpetrators or that the charges brought against them in the court of law will ensure harsher punishment.
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Duncan, Jill, Renée Punch, Mark Gauntlett, and Ruth Talbot-Stokes. "Missing the mark or scoring a goal? Achieving non-discrimination for students with disability in primary and secondary education in Australia: A scoping review." Australian Journal of Education 64, no. 1 (February 19, 2020): 54–72. http://dx.doi.org/10.1177/0004944119896816.
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Australia has legislation in the form of the Disability Discrimination Act 1992 (Cth) and the Disability Standards for Education 2005 (Cth) that has the objective of eliminating disability discrimination. The purpose of this scoping review was to determine the extent to which this legislation is achieving the elimination of discrimination against students with disability in primary and secondary schooling. The review reports on the findings of a systematic search of law and education databases that identified 18 peer-reviewed articles discussing the legislation, relevant literature and related case law in the context of the education of students with disability in Australia. Content analysis of the articles indicated the existence of problems in several areas of the intersection between the law, policy and practice. These are outlined under five key themes: inclusion/exclusion, jurisdictions and definitions, the complaints-driven system, legislation clarity and reasonable adjustments. The review concludes with recommendations and suggestions for action.
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McDonald, Margaret. "Developments in Adoption Information Legislation in Australia." Adoption & Fostering 16, no. 3 (October 1992): 38–42. http://dx.doi.org/10.1177/030857599201600311.
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The year 1990 saw the enactment of adoption information legislation in Queensland (May 1990) and New South Wales (October 1990), the last of the Australian states to grant rights of access to information. Queensland, sometimes referred to as ‘the deep north’, is customarily seen as the most conservative of the states, so there was considerable surprise that such legislation should have passed through the Queensland Parliament unimpeded, with acclaim from all parties. Margaret McDonald reports.
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McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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McKelvey, Steve, and Neil Longley. "Event-specific ambush marketing legislation for mega-sporting events: an economics perspective." International Journal of Sports Marketing and Sponsorship 16, no. 5 (October 1, 2015): 20–35. http://dx.doi.org/10.1108/ijsms-16-05-2015-b003.
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The bid process for hosting mega global sporting events mandates the enactment of event-specific ambush marketing legislation that provides extraordinary trademark law protections for private sports organisations and their official sponsors. Such event-specific ambush marketing legislation, or ESAML, has come under increasing scrutiny by academics and practitioners who question, among other things, the need for such legislation. One of the major areas of concern has become the potential social cost of such legislation that includes restrictions on free speech and curbs on marketplace competition. We apply economic theory as a means to explain why governments have been so willing to enact such legislation.
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Tulich, Tamara. "Prevention and Pre-emption in Australia’s Domestic Anti-terrorism Legislation." International Journal for Crime, Justice and Social Democracy 1, no. 1 (November 5, 2012): 52–64. http://dx.doi.org/10.5204/ijcjsd.v1i1.68.
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The move towards prevention in domestic anti-terror law and policy was initially justified as an exceptional response to the exceptional threat of transnational terrorism following September 11, 2001. However, commonalities are discernable between prevention in anti-terror law and prevention as employed in other areas of Australian law. To begin contextualising and analysing preventive practices in Australia, a framework is required. ‘The preventive state’ provides one way to view the collection of preventive measures employed in Australia. Engaging a governmentality perspective has the potential to make visible prevention and pre-emption in law and governance, and to inform critical treatment of the preventive state itself. Whether and how prevention and pre-emption in anti-terror law differ from and exhibit continuities with other preventive measures has the potential to expose issues of selectivity and proportionality between preventive measures and force consideration of the limits of state action to prevent or pre-empt harm.
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Hidayati, Tri, Masyithah Umar, and Fathurrahman Azhari. "Political Reorientation of Indonesian Sharia Economic Law: Legal Politic of Trade Law on Sharia Multilevel Marketing." Mazahib 21, no. 2 (December 27, 2022): 245–90. http://dx.doi.org/10.21093/mj.v21i2.4971.
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Sharia multilevel marketing is a part of Sharia economic activity that has not been internalized in Indonesian trade law. This article discusses the formation of legal norms for direct selling in Indonesia and analyzes the legal politics of establishing trade law against sharia multilevel marketing. This article is normative legal research that uses both statutory and historical approaches. The data for this study were sourced from literature and interviews and using the inductive method analysis. The findings are, firstly, the law of multilevel marketing in Indonesia, through the stages of regulation and legislation, aims to provide legal certainty and anticipate the practice of pyramid schemes. Second, in legal politics, the formation of national trade law is not responsive to the existence of a Sharia economic system, especially sharia multilevel marketing.
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Gray, Anthony. "Police Power to Conduct a Search without Reasonable Suspicion in Australia: A Comparative Perspective." European Public Law 17, Issue 2 (June 1, 2011): 331–47. http://dx.doi.org/10.54648/euro2011023.
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This article considers recent amendments and proposed amendments to Australian law, allowing police to conduct a search of an individual in prescribed cases without the need to show 'reasonable suspicion'. Similar legislation had been passed in the United Kingdom and was recently the subject of litigation in the European Court of Human Rights and the House of Lords, as it was at that stage. It is argued that. similar to the approach of the European Convention on Human Rights, the court should find such legislation to be contrary to the rule of law and to due process. The article also considers the extent to which international law is and should be taken into account in applying Australian law, in the absence of express human rights guarantees.
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Corrin, Jennifer. "Australia: Country Report on Human Rights." Victoria University of Wellington Law Review 40, no. 1 (June 1, 2009): 37. http://dx.doi.org/10.26686/vuwlr.v40i1.5378.
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This article provides a country report on the status of human rights in Australia. Human rights law in Australia is embodied in three sources: constitutional provisions, federal, state and territorial legislation, and the common law. However, the author notes that Australia has not embraced the 'rights revolution' seen elsewhere around the world as it does not have a constitutionally enshrined charter of human rights. This status of human rights under Australian law reflects the nation's conservative approach to constitutional law reform, and it is argued that the above sources of human rights law do not provide a comprehensive regime for the protection of human rights in Australia. However, several states have proved that popular support for human rights protection is a political possibility, which shows cautious optimism for the future of human rights laws in Australia.
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Shahrullah, Rina Shahriyani. "‘MODERN ARBITRATION LEGISLATION’: A COMPARISON BETWEEN AUSTRALIAN AND INDONESIAN LAWS." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 24, no. 2 (October 4, 2012): 198. http://dx.doi.org/10.22146/jmh.16132.
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This research analyzes Law No. 30 of 1999 of Indonesia to ascertain whether this Indonesian law constitutes modern arbitration legislation in the context of international commercial arbitration. Law No. 30 of 1999 will be compared with the International Arbitration Act 1974 (Cth) and the International Arbitration Amendment Act 2010 (Cth) of Australia. In this research, the author finds the Model Law should be adopted by Indonesia to modernize the country’s arbitration law in order for it to more acceptable in the practices of international commersial arbitration to day. Furthermore, the adaption of the Model Law also assists to clarity the Indonesian approach to the appircation of public policy principle which can be used to resest arbitral awards in Indonesia. Penelitian ini mempelajari Undang-undang Nomor 30 Tahun 1999 untuk mengetahui apakah hukum di Indonesia tergolong ke dalam aturan arbitrase modern dalam arbitrase komersial internasional. Penulis membandingkan Undang-undang Nomor 30 Tahun 1999 dengan International Arbitration Act 1974 (Cth) dan International Arbitration Amendment Act 2010 (Cth) di Australia. Dalam penelitian ini, penulis menemukan bahwa Model Law dapat diadopsi oleh Indonesia untuk memodernisasikan hukum arbitrasenya agar dapat lebih diterima dalam praktek arbitrase niaga internasional. Diadopsinya Model Law dapat juga membantu mengklarifikasi pendekatan Indonesia terhadap aplikasi kebijakan publik yang dapat dipergunakan untuk menentang putusan arbitrase di Indonesia.
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Foulkes, Christopher. "The Shafts of Strife and War: A Critical Analysis of the Immigration (Mass Arrivals) Amendment Bill." Victoria University of Wellington Law Review 43, no. 4 (December 1, 2012): 547. http://dx.doi.org/10.26686/vuwlr.v43i4.5023.
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This article critically analyses the Immigration (Mass Arrivals) Amendment Bill 2012 currently before Parliament, which purports to deal with the potential mass arrival by sea of asylum seekers. The article first sets the legislation in its domestic and international law context as well as empirically comparing the changes with those recently enacted in Canada and Australia. The purported purposes of the legislation are examined by the article and it is seen that each of these are fraught with legal difficulties. Four major substantive changes the Bill would introduce are then outlined. In relation to the purposes of the legislation, New Zealand's domestic and international legal framework, and in comparison with similar regimes in Australia and Canada, this article concludes that the proposed New Zealand legislation is questionable in terms of both purpose and likely efficacy.
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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (March 6, 2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.
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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.
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Guilfoyle, Douglas. "Nulyarimma v Thompson: Is Genocide a Crime at Common Law in Australia?" Federal Law Review 29, no. 1 (March 2001): 1–36. http://dx.doi.org/10.1177/0067205x0102900101.
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Australia will, I believe, ratify the convention and afterwards this Parliament will pass the necessary legislation to show other countries that we join in universal condemnation of the horror [of genocide]. 1 1 Cth Parl Deb 1949, Vol 203 at 1873 per Dr Evatt.
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George, Allen. "Sex offenders no more: Historical homosexual offences expungement legislation in Australia." Alternative Law Journal 44, no. 4 (June 14, 2019): 297–301. http://dx.doi.org/10.1177/1037969x19856169.
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The capability to remove homosexual offences from a criminal record has finally been adopted across Australia with the introduction of expungement legislation. This article analyses the reasons for its introduction, considers the number of people affected and suggests that a pardon, similar to the Turing Law in the UK, may address the low number of applications. The passing of this legislation not only restores the offender, it also allows current legislators to address the injustice of their predecessors' actions and to demonstrate continued support for LGBTIQ communities.
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Sadiq, Kerrie. "Country notes: Tax and Whistle-Blower Protection: Part of a Commitment to Tackling Tax Misconduct in Australia." Intertax 46, Issue 5 (May 1, 2018): 429–33. http://dx.doi.org/10.54648/taxi2018044.
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Many jurisdictions face the question of whether to legislate to introduce a whistle-blower protection regime for disclosures of information regarding breaches of tax laws or misconduct relating to an entity’s tax affairs. To this extent, Australia is no exception and is in the process of passing legislation through Parliament to insert a comprehensive regime into the Taxation Administration Act 1953 for the protection of individuals who report breaches of the tax laws or misconduct. Like all regulatory reform, the introduction of the legislation has been a lengthy and controversial process which began with an announcement by the Government as part of their Federal Budget in May 2016. This article discusses Australia’s historical and recent approach to whistle-blower protection, provides an analysis of the processes which resulted in legislation being proposed and analyses some of the fundamental elements of the proposed whistle-blower protection regime for tax matters.
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Scassa, Teresa. "Ambush Marketing and the Right of Association: Clamping Down on References to That Big Event with All the Athletes in a Couple of Years." Journal of Sport Management 25, no. 4 (July 2011): 354–70. http://dx.doi.org/10.1123/jsm.25.4.354.
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Ambush marketing activities—such as advertisements that obliquely reference a major event—have frustrated major sport event organizers and sponsors for years. Nevertheless, these activities, so long as they stopped short of trademark infringement or false advertising, have been perfectly legal. In the last decade, major sport event organizers such as the International Olympic Committee and the Fédération Internationale de Football Association have pressured national governments to pass legislation prohibiting ambush marketing as a condition of a successful bid to host an event. Such legislation has already been enacted in the United Kingdom, Canada, South Africa, Australia, and New Zealand, and the statutes in these jurisdictions reveal an emerging right of association. In this paper, the author surveys the evolution of this right and its key features. She offers a critique of this right, and argues that the need for it has never been properly established, and that the legislation is overly broad, does not reflect an appropriate balancing of interests, and may infringe upon the freedom of expression.
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Woiwod, Dayna M., and Deborah A. Connolly. "Continuous Child Sexual Abuse." Criminal Justice Review 42, no. 2 (May 22, 2017): 206–25. http://dx.doi.org/10.1177/0734016817704700.
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Due to calls for reform of legislation that accounts for the difficulties complainants of repeated child sexual abuse (CSA) face when asked to particularize individual acts, jurisdictions in the United States and Australia have adopted continuous CSA statutes. Continuous CSA statutes allow for reduced particularity of individual instances when abuse is repeated. In this article, we discuss particularization requirements and how they are adapted in current jurisdictions in the United States and Australia with continuous CSA statutes. We then discuss the relevant research on children’s memory for repeated events and frequency to discuss how current and future research can inform the criteria for the charge. Our goal in this article is to inspire thoughtful discussion of continuous CSA legislation, and how current and future psychological research can advance the criteria for the charge. As more jurisdictions consider adopting these statutes, it would be helpful for psychologists and legal professionals to work toward developing a consensus on the criteria for the charge that balances both the victim’s capabilities to particularize repeated CSA and various rights of the accused.
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Grantham, Ross. "To Whom Does Australian Corporate and Consumer Legislation Speak?" University of Queensland Law Journal 37, no. 1 (May 18, 2020): 57–67. http://dx.doi.org/10.38127/uqlj.v37i1.4133.
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Is it feasible for regulation (and particularly legislation) effectively to communicate to the participants the rights, duties, processes, and procedures that embody the regulatory goals upon which they are meant to act. Looking at attempts in Australia to implement this regulatory strategy in the fields of corporate law andconsumer law, this article suggests that a more profound change would need to occur in the form and style of Australian legislation before such an approach is viable.
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Lunney, Mark. "Common Law Codification: Lessons and Warnings from Twenty-First Century Australia." Journal of European Tort Law 10, no. 3 (January 10, 2020): 183–206. http://dx.doi.org/10.1515/jetl-2019-0120.
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AbstractCodification of tort law is a rare phenomenon in the common law world. However, building on earlier precedents, in the early 2000s, Australian jurisdictions embarked on a project of placing important general principles of negligence law into legislation. This article considers these provisions and argues that they can be considered as an attempt to codify certain parts of the law of tort. Both the process by which this codification took place, and the contents of the ‘codes’, provide interesting comparative material for civilian jurisdictions with codified tort law as well as for common law systems.
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Skaik, Samer. "Operational problems and solutions of statutory complex adjudication: stakeholders’ perspectives." International Journal of Law in the Built Environment 9, no. 2 (July 10, 2017): 162–75. http://dx.doi.org/10.1108/ijlbe-03-2017-0009.
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Purpose Statutory adjudication was introduced into the security of payment (SOP) legislation as a fast-track payment dispute resolution process with an express object to facilitate cash flow within the construction contractual chain. After more than a decade of the operation of the regime in Australia and Singapore, it becomes apparent that there are many operational problems that jeopardise the intended object of the legislation, particularly in adjudicating complex payment disputes. The aim of this paper is to explore views of the industry stakeholders regarding some operational problems of statutory adjudication of as well as possible solutions. Design/methodology/approach “Expert interviews” method is adopted to collect the empirical data, involving interviews with 23 practitioners from Australia and Singapore. Findings The study identified many operational problems jeopardising the attainment of the object of the SOP legislation such as bias of authorised nominating authorities, short adjudication timeframes, inadequate regulations of adjudicators, jurisdictional challenges, involvement of courts and lawyers and complex drafting of the legislation. The study also analysed the views of industry experts with regard to the opportunities for improvement in the operation of the SOP legislation such as following the Queensland model as amended, and introducing a legislative review mechanism and establishing a peer review process. It also suggested specific amendments to make the legislation a more user-friendly. Practical implications The implication of this study is a better understanding of the most critical problems inherent in statutory adjudication that need serious consideration by the legislatures and policymakers. In addition, the study also provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws. Originality/value There is inadequate empirical research conducted to investigate problems in the operation of statutory adjudication. The study provides original empirical findings which become much necessary nowadays in light of the dynamic moves towards law reform in SOP laws, particularly in Australia. The study provides some practical measures as suggested by the industry practitioners for each identified problem which may stand as a reliable reference for potential reform in the SOP laws.
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Daglish, Kristen. "The Crime of Genocide: Nulyarimma v. Thompson." International and Comparative Law Quarterly 50, no. 2 (April 2001): 404–11. http://dx.doi.org/10.1093/iclq/50.2.404.
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On 31 May 1999 two matters came before the Full Federal Court of Australia, constituted by Justices Whitlam, Wilcox and Merkel. The two cases heard together were different in nature and origin, but their common feature was a claim of genocide. The primary issue was whether the international crime of genocide forms part of the law of Australia. The majority view was that, before an international crime could be prosecuted in an Australian court, specific domestic legislation needed to be enacted. The dissenting opinion was that genocide had become an offence at common law and could be prosecuted. In this case note I will analyse the opinions both in the terms of their impact on the relationship between international law and domestic law in Australia, and in light of recent trends in Australia and other common law countries.
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Vogelezang‐Stoute, Elizabeth. "European Community Legislation on the Marketing and Use of Pesticides." Review of European Community & International Environmental Law 8, no. 2 (July 1999): 144–51. http://dx.doi.org/10.1111/1467-9388.00192.
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Baiquni, Muhammad Iqbal, Septhian Eka Adiyatma, Atha Difa Saputri, Riki Julianto, Ridwan Arifin, and Nurul Fibrianti. "Criminalization Arrangements for Corporations (Comparative Study of Indonesia and Australia)." Unnes Law Journal 9, no. 2 (October 31, 2023): 489–508. http://dx.doi.org/10.15294/ulj.v9i2.74129.
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This research was conducted on corporate criminal liability arrangements in Indonesian legislation, with the long-term goal of harmonization of corporate criminal liability arrangements, so as to realize certainty, expediency and legal justice in law enforcement in Indonesia. To support the realization of harmonization in corporate criminal liability arrangements in the legislation, it is necessary to review corporate criminal liability arrangements in other countries, both those with the same legal system as Indonesia and with countries with a common law system, namely Australia. The research method used to achieve the research goals and targets is normative legal research with a statutory, and comparative approach method. The projected results of this study are in the form of real data on the implementation of corporate penal regulations for the National Legal System. The output of this research is in the form of published articles in accredited national journals
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Ludeke, J. T. "The External Affairs Power: Another Province for Law and Order?" Journal of Industrial Relations 35, no. 3 (September 1993): 453–67. http://dx.doi.org/10.1177/002218569303500306.
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Although there was some surprise when the prime minister announced that the government would legislate to give effect to certain conventions of the International Labour Organisation, the way has been open to take this initiative for many years. The possibility of relying on the external affairs power in the Constitution to invoke the conventions, and thereby regulate labour conditions, was first canvassed in the High Court in 1936. Since 1982, there has been a series of cases involving Common wealth legislation founded on conventions to which Australia is party and it is now well established that the external affairs power will support domestic legislation giving effect to Australia's international commitments. To date, Commonwealth legislative initiatives have been in such areas as prohibiting racial discrimination and the protection of world heritage properties, but the reasoning which has been applied by the High Court is equally relevant to legislation providing for regulation of labour conditions. Commonwealth legislation in this field has meant an erosion of state responsibility and the cumulative effect of such legislation raises questions about the disturbance of the federal balance established by the Constitution.
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Prenzler, Tim, and Rick Sarre. "A Survey of Security Legislation and Regulatory Strategies in Australia." Security Journal 12, no. 3 (July 1999): 7–17. http://dx.doi.org/10.1057/palgrave.sj.8340026.
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Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.
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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.
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Ponomareva, Daria, and Aleksey Kubyshkin. "Genetic discrimination in foreign legislation and law-enforcement practice." SHS Web of Conferences 134 (2022): 00071. http://dx.doi.org/10.1051/shsconf/202213400071.
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The article is devoted to the problematic issues of legal regulation of public relations arising from protection against discrimination based on genetic status in the legislation and law enforcement practice of a number of foreign countries (Australia, Canada, the United States of America). The authors analyzed the concept of discrimination based on genetic status, formulated in the legal acts of states; an attempt was made to present their own interpretation of this term. The article provides an overview of the international legal framework for the regulation of public relations arising from countering discrimination based on genetic status, as well as key acts of leading foreign jurisdictions. The authors paid special attention to the analysis of law enforcement (judicial) practice, illustrating the problems associated with genetic discrimination, the main directions of the development of such practice are highlighted. In conclusion, the authors contemplate on the advisability of implementing relevant foreign experience into the Russian legal system
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Pardy, Maree, Juliet Rogers, and Nan Seuffert. "Perversion and Perpetration in Female Genital Mutilation Law: The Unmaking of Women as Bearers of Law." Social & Legal Studies 29, no. 2 (July 23, 2019): 273–93. http://dx.doi.org/10.1177/0964663919856681.
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Female genital cutting (FGC) or, more controversially, female genital mutilation, has motivated the implementation of legislation in many English-speaking countries, the product of emotive images and arguments that obscure the realities of the practices of FGC and the complexity of the role of the practitioner. In Australia, state and territory legislation was followed, in 2015, with a conviction in New South Wales highlighting the problem with laws that speak to fantasies of ‘mutilation’. This article analyses the positioning of Islamic women as victims of their culture, represented as performing their roles as vehicles for demonic possession, unable to authorize agency or law. Through a perverse framing of ‘mutilation’, and in the case through the interpretation of the term ‘mutilation’, practices of FGC as law performed by women are obscured, avoiding the challenge of a real multiculturalism that recognises lawful practices of migrant cultures in democratic countries.
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Douglas, Michael, Mary Keyes, Sarah McKibbin, and Reid Mortensen. "The HCCH Judgments Convention in Australian Law." Federal Law Review 47, no. 3 (July 15, 2019): 420–43. http://dx.doi.org/10.1177/0067205x19856503.
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In May 2018, the Hague Conference on Private International Law (‘HCCH’) produced a draft convention for the recognition and enforcement of foreign judgments. A Diplomatic Session of the HCCH is expected to take place in 2019 at which this draft ‘Judgments Convention’ will be presented. If a multilateral convention emerges from the Diplomatic Session, Australia is likely to be an early adopter: the Commonwealth Attorney-General’s Department conducted a public consultation on the draft Judgments Convention in 2018. Against that background, this article considers the impact of implementation of the Judgments Convention in Australia. It is argued that domestic legislation that emerges from the Judgments Convention will deliver an overdue refurbishment of the Australian law relating to the recognition and enforcement of foreign judgments. Australia’s adoption of the Judgments Convention ought to be welcomed.
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Weller, Penny. "Human Rights and Social Justice: the Convention on the Rights of Persons with Disabilities and the quiet revolution in international law." Public Space: The Journal of Law and Social Justice 4 (November 28, 2009): 17. http://dx.doi.org/10.5130/psjlsj.v4i0.1167.
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On the 60th anniversary of the Universal Declaration of the Human Rights (UDHR) the Commonwealth Attorney General announced a national public consultation concerning the need for better human rights protection in Australia and the viability of a federal human rights charter. Whether or not the anticipated Charter includes social, economic and cultural rights is directly relevant to questions of social justice in Australia. This paper argues that the legislative acknowledgment of civil and political rights alone will not adequately address the human rights problems that are experienced in Australia. The reluctance to include economic, social and cultural rights in human rights legislation stems from the historical construction of an artificial distinction between civil and political rights, and economic social and cultural rights. This distinction was articulated and embedded in law with the translation of the UDHR into binding international law. It has been accepted and replicated in judicial consideration of the application on human rights legislation at the domestic level. The distinction between the two forms of rights underpins a general ambivalence about the capacity of human rights legislation to deliver social justice and echoes a critical tradition in legal philosophy that cautions against the reification of law. Coming into force early in the 21st century, the Convention of the Rights of Persons with Disabilities illustrates the effort of the international community to recognize and eschew the burden of the false dichotomy between civil and political and economic, social and cultural rights. Acknowledging the indivisible, interdependent and indissociable nature of human rights in Australia is a crucial step toward achieving human rights based social justice.
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Hitchens, L. P. "Approaches to broadcasting regulation: Australia and United Kingdom compared." Legal Studies 17, no. 01 (March 1997): 40–64. http://dx.doi.org/10.1111/j.1748-121x.1997.tb00659.x.
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Delivering the 1995 Goodman Lecture, David Glencross, the then Chief Executive of the Independent Television Commission (‘ITC’) commented that the Broadcasting Act 1990 did not contain sufficient flexibility to allow the ITC to deal effectively with unforeseen developments such as changing technology and media ownership and control issues. This is an interesting comment on the legislation because the Broadcasting Act 1990 represented a deliberate move towards a rule-based form of regulation away from the flexible, non-specific and discretionary style of the Broadcasting Act 1981 which it replaced. The White Paper which set out the Government's proposals for the new regulatory system emphasised this:‘The ITC would apply lighter, more objective programme requirements. …The ITC would therefore adopt a less heavy handed and discretionary approach than the IBA necessarily does at present’.However, the Government recognised that ‘[a] new enabling framework must be flexible enough to allow for technological change’.
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Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation." Victoria University of Wellington Law Review 43, no. 3 (September 1, 2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.
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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewrite income tax legislation – in Australia, the United Kingdom and New Zealand.
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Butterly, Lauren, and Lucas Lixinski. "Aboriginal Cultural Heritage Reform in Australia and the Dilemmas of Power." International Journal of Cultural Property 27, no. 1 (February 2020): 125–49. http://dx.doi.org/10.1017/s0940739120000028.
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AbstractThe last decade or so has seen a fundamental shift in Aboriginal cultural heritage law in Australia. A number of subnational jurisdictions in Australia have undergone major reforms to their Aboriginal heritage legislation. Other subnational jurisdictions are currently in the reform process or have promised reform in coming years. We use the latest (and, at the time of writing, ongoing) process to reform Aboriginal heritage legislation in the state of New South Wales (NSW) to explore some of the legal issues and themes emanating from the Australian experience. The NSW example is a useful case study for thinking about how minority heritage regulation can not only serve broader social movements but also undercut some of its own possibilities. We argue that even law that is ostensibly in place to promote the control of communities over their own heritage can cause difficult balancing acts that may default to a dependency path and effectively detract from its own projected goals.
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Hepburn, Samantha, and Pieter Badenhorst. "Bridging the Divide between Rights In Personam and Rights In Rem in Land Transactions: A Comparative Perspective of Australian and South African Law." African Journal of International and Comparative Law 32, no. 1 (February 2024): 90–111. http://dx.doi.org/10.3366/ajicl.2024.0475.
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In transactions relating to land a distinction is made between the creation of personal or contractual rights (rights in personam) by contract, and real rights (rights in rem) via the registration process. Historically, additional, or special rights or interests have been conferred upon the vendor and purchaser to provide protection for the time period between the creation of rights in personam and the creation of rights in rem. The focus of this article is to identify and examine the nature and operation of these protective rights and compare their application in Australia and South Africa. These protective rights are recognised in different ways in both Australia and South Africa via common law, equity and legislation. It is concluded that interim protective equitable rights in Australia and a special category of personal rights under South African law provide a bridge to the creation of full in rem rights.
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Mikhailov, S. G., and N. S. Mikhailova. "PATENTS FOR “GREEN” TECHNOLOGIES: WAYS TO IMPROVE LEGISLATION." Ex Jure, no. 3 (2023): 132–44. http://dx.doi.org/10.17072/2619-0648-2023-3-132-144.
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Abstract: “green” technologies are one of the effective means of overcoming the adverse effects of climate change. Intellectual property law, and above all, patent law, plays an important role in ensuring the rights to these objects. Patent data are indispensable as indicators and drivers of technical innovation. Exclusive rights certified by patents provide rights holders with advantages in the development of new technologies and provide marketing positions in the field of transfer of “green” technologies. The article analyzes the proposals for improving the patent system formulated by scientists from foreign countries.
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Lisk, Joel, and Melissa de Zwart. "Watch This Space: The Development of Commercial Space Law in Australia and New Zealand." Federal Law Review 47, no. 3 (June 17, 2019): 444–68. http://dx.doi.org/10.1177/0067205x19856498.
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Space law is regulated largely by international treaties which have little to say regarding the use and regulation of commercial space. As the costs of access to outer space decrease and the benefits exponentially increase, more countries are seeking to support and encourage ‘NewSpace’ entrepreneurs in order to establish commercial space industries. Australia has been a minor player in the space domain, primarily through involvement with Europe and the US since the late 1960s, but its domestic legislation bears little relevance to the shape of space industry today. Australia’s neighbour, New Zealand, now wants to become a NewSpace incubator and has recently enacted legislation designed to make it a competitive host nation for launch providers. This article will compare the regulatory space regimes of these two countries to provide an assessment of the importance of domestic regulation in fostering competitive commercial space services, for countries seeking to become competitive in the commercial space race.
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Briskman, Linda. "The Creeping Blight of Islamophobia in Australia." International Journal for Crime, Justice and Social Democracy 4, no. 3 (October 5, 2015): 112–21. http://dx.doi.org/10.5204/ijcjsd.v4i3.244.
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In the latter months of 2014, following events in faraway Iraq and Syria, Australia responded forcefully at home. The manufactured fear of a terrorist attack resulted in police raids, increased counter-terrorism legislation and scare campaigns to alert the public to 'threat'. Although Islamophobia rose in Australia after 2001 it has been latent in recent years. It is on the rise again with collateral damage from government measures including verbal and physical attacks on Australian Muslims. Vitriol is also directed at asylum seekers and refugees. Media, government and community discourses converge to promote Islam as dangerous and deviant.
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Sokolowski, Maciej M. "Renewable Energy Communities in the Law of the EU, Australia, and New Zealand." European Energy and Environmental Law Review 28, Issue 2 (April 1, 2019): 34–46. http://dx.doi.org/10.54648/eelr2019004.
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The article juxtaposes the regulatory approach to small renewable energy sources and energy communities in the European Union, Australia, and New Zealand, highlighting such matters as the nature, character, and scope of the regulatory model of renewable energy sector. The paper also analyses energy communities in the past, current and drafted European law (as in the "Clean Energy for all Europeans" package) as well as discussing relevant legislation and policies on small renewable energy sources and energy communities in Australia and New Zealand. In this context, this article reviews the possibility of exporting the European model on energy communities outside the EU.