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1
Tahmindjis, Phillip. "Sexual Harassment and Australian Anti-Discrimination Law." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 87–126. http://dx.doi.org/10.1177/135822910500700404.
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This paper examines the law of sexual harassment in Australia and concludes that, while there is extensive legislative coverage at Commonwealth, State and Territory levels, this coverage is uneven. The differences and resulting outcomes between local jurisdictions are considered. The differences between Australian laws and overseas jurisdictions are also considered, particularly with respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. The paper considers the positive and negative features of the Australian law and argues that greater education of the legal profession is needed to allow the adequate delivery of justice to people who have been sexually harassed.
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Cullen, Hayley J., Lisanne Adam, and Celine van Golde. "Evidence-based policing in Australia: an examination of the appropriateness and transparency of lineup identification and investigative interviewing practices." International Journal of Police Science & Management 23, no. 1 (March 2021): 85–98. http://dx.doi.org/10.1177/14613557211004618.
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Psychological research has been pivotal in influencing the way police forces globally approach and undertake criminal investigations. Increasing psychological research in recent years has led to the development of best-practice guidelines for conducting police investigations, across a number of key areas of criminal investigation. For example, procedures for creating and conducting lineups as recommended by the American Psychology-Law Society, and the UK-developed PEACE model for investigative interviewing, have both been of influence in Australia. However, the extent to which these evidence-based recommendations have been incorporated into policing practice within Australia is unclear. In this article, we conducted an exploratory review of publicly available policing documents within Australian states and territories, to determine the extent to which best practice lineup identification and investigative interviewing procedures have been adopted into police practice. The review revealed that for lineup identification procedures, many of the basic recommendations for conducting lineups were not incorporated into publicly available policing manuals. For investigative interviewing, it appeared on the surface that elements of the PEACE model were implemented within most Australian jurisdictions, albeit this was often not explicitly stated within policing documents. A key issue identified was a lack of (understandable) public transparency of policing procedure, as a number of Australian jurisdictions failed to have publicly available policing manuals or handbooks against which to evaluate their procedures. Therefore, we argue that there is a need for better collaboration between researchers and law enforcement in order to achieve evidence-based, transparent policing within Australia.
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Alam, Md Habib. "Application of CISG in Arbitration: A Combined Procedure or Parallel Procedure?" International Journal of Community Service & Engagement 2, no. 1 (March 2, 2021): 50–53. http://dx.doi.org/10.47747/ijcse.v2i1.192.
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CISG and arbitration are connected with each other. They may work through a combined or parallel procedure. Globalization of trade desires uniformity in trade. For uniformity of trade, we require uniform law. The arbitration may not work to make it uniform, but choosing any uniform law (i.e. CISG), it may lead to deal a particular arbitration in the international standard. The international standard may be maintained while considering the uniform law. Choosing uniform law (i.e. CISG), it may minimize the risk of wrong interpretation and put the arbitral parties on “equal footing”. Parties may consider CISG as the applicable law in their arbitral agreements. As of 13 February 2021, 94 states signed the United Nations Convention on Contracts for the International Sale of Goods 1980 (CISG). The frontline trading states like the USA, Australia, Israel, Canada, China, Germany, France, Russia, and Japan are contracting states of CISG. This research emphasizes providing guidelines as to how parties may apply CISG into their arbitral agreements by maintaining the international standard.
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Pisaniello, John D., Wu Zhifang, and Jennifer M. McKay. "Small dams safety issues – engineering/policy models and community responses from Australia." Water Policy 8, no. 1 (February 1, 2006): 81–95. http://dx.doi.org/10.2166/wp.2006.0006.
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Dam safety is a serious issue worldwide. However, in many countries, for example, China and Australia, although much attention is being devoted to the medium to large-scale dams, little or no attention is being paid to the serious potential problems associated with smaller dams, particularly the potential “cumulative domino effect” failure risk to the larger public dams. Farmers in Australia have often overlooked the common law obligation to review/design dams in line with current standards because of high engineering consulting costs. This leaves them vulnerable to litigation if their dam fails and the downstream community is susceptible to unacceptable risk levels. To overcome this problem, an innovative Australian-developed cost-effective spillway design/review procedure has been developed to minimise cost burdens to dam owners and encourage better dam safety management. A recent survey undertaken in the Australian “policy model” State of Victoria to test community attitudes to the procedure and implemented dam safety and water allocation policy is also reported here. This survey clearly demonstrates that farmers require more than awareness and encouragement in order to ensure that they look after their dams properly.
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Edmond, Gary. "Impartiality, efficiency or reliability? A critical response to expert evidence law and procedure in Australia." Australian Journal of Forensic Sciences 42, no. 2 (June 2010): 83–99. http://dx.doi.org/10.1080/00450610903258128.
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Kennedy, Sally, and Ian Warren. "Southern Criminology, Law and the ‘Right’ to Consular Notification in Australia, New Zealand and the United States." International Journal for Crime, Justice and Social Democracy 7, no. 4 (December 1, 2018): 100–114. http://dx.doi.org/10.5204/ijcjsd.v7i4.1082.
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This paper investigates the implementation of Article 36 of the Vienna Convention on Consular Relations in Australia, New Zealand and the United States (US) by using a Southern approach to examining law. We describe the incorporation of Article 36 from a defendant-centred perspective under Australian and New Zealand laws governing police procedure, and the commensurate jurisdictional tensions it has generated in the US. We then empirically analyse 16 non-capital US cases to identify the type of offence, the nationality and perceived English-speaking competency of the foreign suspect, and the point at which the alleged Article 36 violation is canvassed in legal arguments. This analysis highlights the importance of a defendant-centred Southern criminology of law in critically assessing the implementation of international legal requirements into domestic criminal justice practice.
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Winspur, I. "Arm Pain without Physical Findings: Medicine Vs the Law?" Journal of Hand Surgery 26, no. 5 (October 2001): 409–13. http://dx.doi.org/10.1054/jhsb.2000.0517.
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Arm pain without physical findings occurring in association with light repetitive work has been with us from the time man developed factories but has become controversial since a number of reported cases in Australia in 1983. It remains a highly contentious and medically confused area. Claims for compensation for the condition against employers have been firmly rejected by courts in Australia and the USA, but large awards continue to be made in UK courts. The reason for this difference lies in recent changes in British Law and court procedure and British courts now seem to recognize this nebulous clinical condition as representing a compensable injury. In this situation, therefore, physicians must be meticulous in their examinations and record keeping. In addition, they must only use specific diagnoses when irrefutable clinical signs or confirmatory special investigation results are present and must be guarded in loose talk or discussion about “causation”.
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Davies, G. L. "Australia: Reform of Criminal Trial Procedure — The Limits of the Right to Silence." Journal of Financial Crime 8, no. 2 (April 2000): 156–61. http://dx.doi.org/10.1108/eb025979.
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Trabsky, Marc. "The coronial manual and the bureaucratic logic of the coroner's office." International Journal of Law in Context 12, no. 2 (June 2016): 195–209. http://dx.doi.org/10.1017/s1744552316000069.
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AbstractThis paper examines the coronial manual as a technique of occupying office in the nineteenth and twentieth centuries. The manual guided coroners in the performance of their duties, obligations and responsibilities. It was preoccupied with questions of technical knowledge, operational processes and administrative procedure. The language ofofficethat characterised coronial treatises prior to the eighteenth century was gradually supplemented in the nineteenth century by the discourse of bureaucracy. This paper argues that the guidebook professionalised the office of coroner in Australia by setting out procedures, forms and rituals for assuming responsibility for the dead. It also provided advice to coroners for devoting themselves to a vocation in the public service. The paper thus traces historical shifts in the technology of the coronial manual in British colonies and examines how a bureaucratic logic of the coroner's office affected the way in which coroners pursued justice during the death investigation process.
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Bates, Frank. "Can We Accept the Acceptable?: Evidence and procedure in child sexual abuse cases in recent Australian law." Children Australia 17, no. 3 (1992): 13–16. http://dx.doi.org/10.1017/s1035077200013286.
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In an earlier article (Bates, 1990), it was suggested that the test enunciated by the High Court of Australia in In the Marriage of M (1988) F.L.C. 91–979 for denying custody or access in cases where there had been allegations of child sexual abuse was inappropriate. In that case, it will be remembered, the High Court stated (at 77,081) that: To achieve a proper balance, the test is best expressed by saying that a court will not grant custody or access to a parent if that custody or access would expose the child to an unacceptable risk of sexual abuse.
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Antoni, Veri. "THE POSITION OF INDIRECT EVIDENCE AS VERIFICATION TOOLS IN THE CARTEL CASE." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 26, no. 1 (June 25, 2014): 137. http://dx.doi.org/10.22146/jmh.16059.
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Indirect (circumstantial) evidence, either economic evidence or communication evidence, has been used in cartel cases in many countries such as United States of America, Japan, Australia, Brazil, Malaysia, and others. According to Indonesia criminal procedure law, the position of indirect (circumstantial) evidence is categorized as an indication (clue evidence) whereas according to Indonesia civil procedure law, indirect (circumstantial) evidence is categorized as presumption. Considering the characteristics the antimonopoly law which aims to find material truth, the position of indirect evidence is more properly said to be an indication. Owing to its status as an indication, indirect evidence should be exhibited together with the other direct evidence. Indirect evidenceatau bukti tidak langsung, baik bukti ekonomi atau bukti komunikasi, telah digunakan dalam kasus-kasus kartel di banyak negara, seperti Amerika Serikat, Jepang, Australia, Brazil, Malaysia, dan lain-lain. Menurut hukum acara pidana Indonesia, posisi bukti tidak langsung dikategorikan sebagai indikasi (bukti petunjuk), padahal menurut hukum acara perdata Indonesia, bukti tidak langsung dikategorikan sebagai praduga. Mengingat karakteristik hukum anti-monopoli yang bertujuan untuk mencari kebenaran materiil, posisi bukti tidak langsung lebih tepat dikatakan indikasi. Karena statusnya sebagai indikasi, bukti tidak langsung harus dipamerkan bersama dengan bukti langsung lainnya.
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Шкабин, Геннадий, and Gennadiy Shkabin. "CRIMINALLY-LEGAL MAINTENANCE OF OPERATIONAL-INVESTIGATIVE ACTIVITY IN AUSTRALIA AND THE UNITED STATES: THE EXPERIENCE FOR THE RUSSIAN LEGISLATOR." Journal of Foreign Legislation and Comparative Law 3, no. 3 (July 10, 2017): 80–85. http://dx.doi.org/10.12737/article_593fc343c04c73.33901692.
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For a relatively long time there is consideration of criminal law maintenance for secrecy activity of law enforcement agencies in order to combat crime in the legislation, judicial practice and jurisprudence of some foreign countries. In many states this process has undergone numerous changes. The article presents the experience of legal regulation of causing harm during performance of activities, which is called operational-investigative in Russia. The provisions of legal acts and court decisions of Australia and the United States as the countries with the most developed regulatory and scientific basis for solving these problems are analyzed. It is noted that in both countries the root cause of the formation of the regulatory framework dedicated to harm causing during covert operations were specific criminal cases. The legislation of Australia, which establishes the procedure for controlled operations causing harm to the objects of criminal law protection, is considered. The conditions of the legitimacy of the controlled behavior are described. Attention is paid to the border admissibility of acts as well as the release of the Australian legislator since 2010, the so-called auxiliary crime during a controlled operation. Legal maintenance for acts of secret FBI employees in USA, conditions of their lawful conduct and the limits of harm causing are described. The author comes to a conclusion that the representatives of US law enforcement-enforcement agencies have extremely broad powers during operational implementation. Based on the review conclusions, including and recommendations for the improvement of the Russian legislation are drawn.
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Ozdowski, Sev A. "The Law, Immigration and Human Rights: Changing the Australian Immigration Control System." International Migration Review 19, no. 3 (September 1985): 535–54. http://dx.doi.org/10.1177/019791838501900309.
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The structure of the present system of immigration control in Australia is examined here in the context of its origin, evolution and responses to current human rights and anti-discrimination standards. This article argues that the system has serious shortcomings because it confers broad discretionary powers on immigration officials and provides no comprehensive system of judicial review. Since the 1970s the system has been gradually losing its legitimacy and has become a subject of challenges by various groups. Its efficiency has been undermined and it breeds social conflict and systematic human rights violations. The suggestion is made for development of a new immigration control system, based upon legislation that incorporates all objectives and principles pertaining to immigration policy, procedure, and review.
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Ossowicz, Tomasz. "Developer obligations – land for public purposes in selected countries." Teka Komisji Architektury, Urbanistyki i Studiów Krajobrazowych 13, no. 4 (January 13, 2018): 7–13. http://dx.doi.org/10.35784/teka.1728.
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Paper presents a comparison of instruments to oblige developers to free transfer land for public infrastructure in Canada, USA, Australia, Germany, and Poland in following dimensions: form, procedure, and an extent of obligations, documents defining obligations, public objects included in obligations, and utilization of exacted land. Compared instruments were evaluated according to their: simplicity, operability, and transparency as well as their role for creation of high quality urban tissue, equality of developers before the law, and complexity of urban transformations.
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Allison, J. W. F. "VARIATION OF VIEW ON ENGLISH LEGAL DISTINCTIONS BETWEEN PUBLIC AND PRIVATE." Cambridge Law Journal 66, no. 3 (November 2007): 698–711. http://dx.doi.org/10.1017/s0008197307000682.
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The debate about distinguishing public law and private law has been wide-ranging and variously focused. It has contributed to a paradox (or contradiction) in legal thinking, described by Peter Cane in his contribution to Public Law in a Multi-Layered Constitution. On the one hand, Cane stresses that the distinction between public and private “seems alive and well”––manifest, inter alia, in judicial review procedure and the establishment of an Administrative Court in England, in EC law (demarcating the scope of directives with direct effect), in the provisions applicable to public authorities in the Human Rights Act 1998, in the “state action” doctrine of the US Supreme Court, and in the statutory demarcation of the Administrative Appeals Tribunal's jurisdiction in Australia. On the other hand, he stresses the extent of scholarly criticism of the distinction––that it is outmoded, descriptively inaccurate or normatively undesirable. In his view, the resolution of the paradox lies in recognition that “the supporters and the opponents of the public/private distinction are talking about different things”. He concludes that, for its opponents, as a result of institutional and functional hybridisation, “the distinction misrepresents the way power is distributed and exercised” but that, for its supporters, “it embodies an attractive normative theory of the way power ought to be distributed and its exercise controlled”. In his presentation of the paradox and its resolution, Cane thus brings together various views and distinctions––English, American and Australian––and suggests that a contrast between descriptive criticism and normative evaluation is crucial to understanding the public/private debate. By the breadth and inclusivity of his analysis, however, he also brings into question the desirability of unitary analytical treatment of various distinctions in various contexts, supported and opposed by people talking about “different things”.
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Goldman, Juliette D. G., and Usha K. Padayachi. "School counsellors' knowledge of the nature of child sexual abuse and proceedures and laws." Australian Journal of Guidance and Counselling 10, no. 1 (November 2000): 1–18. http://dx.doi.org/10.1017/s1037291100004106.
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All school counsellors employed by the State Department of Education in Queensland, Australia, were sent a questionnaire asking about their understanding of child sexual abuse, and their familiarity with procedures and current laws. Results from the 122 respondents (52 males and 70 females), show that they have diverse knowledge of child sexual abuse. There was uncertainty among them as to whether their school had a formal procedure for reporting cases. Most school counsellors have a general knowledge of the laws in Queensland on reporting suspected cases of abuse, but only a minority of them know what the laws require them to do. When asked to describe the laws in Queensland, counsellors who indicated they knew about the law, then described four differing laws. In terms of knowledge of child sexual abuse, females made more accurate statements about sexual abuse than males. Training does contribute to improving counsellors' knowledge of child sexual abuse.
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Floyd, Louise Willans. "Criminal Court Procedure and Public Employment Law: the High Court of Australia Decisions inPatel v the Queen(2012) andFingleton v the Queen(2005)." Oxford University Commonwealth Law Journal 13, no. 1 (September 30, 2013): 253–65. http://dx.doi.org/10.5235/14729342.13.1.253.
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Tetley, Carmen. "The Hague Convention: Who is Protecting the Child?" Children Australia 37, no. 4 (November 6, 2012): 135–41. http://dx.doi.org/10.1017/cha.2012.34.
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The Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction is a multilateral treaty that seeks to protect children from the harmful effects of abduction and retention across international boundaries by providing a procedure to bring about their prompt return. The ‘Child Abduction Section’ provides information about the operation of the Convention and the work of the Hague Conference in monitoring its implementation and promoting international co-operation in the area of child abduction. There are currently 58 member countries and 22 non-member countries. Australia signed the Convention five years after its introduction. The Family Law (Child Abduction) Regulations 1986 enshrined in Australian law the principles espoused in the Convention which came into force in 1987. The Regulations are to: (a)secure the prompt return of children wrongfully removed to or retained in any contracting state, and(b)ensure that rights of custody and access under the law of one contracting state are effectively respected in the other contracting states. This paper shows that the failure of Family Courts to take account of the effects of their actions on the development and best interests of children whose return is secured can add to the psychological abuse of those who were removed from their home countries to avoid sexual abuse and violence. It suggests that the exceptions in the regulations that allow a child to remain in the new country with the primary caregiver are being ignored.
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MENSAH, KWADWO BOATENG. "DISCRETION, NOLLE PROSEQUI AND THE 1992 GHANAIAN CONSTITUTION." Journal of African Law 50, no. 1 (April 2006): 47–58. http://dx.doi.org/10.1017/s0021855306000052.
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Section 54 of Ghana's Criminal Procedure Code, 1960 (Act 30), gives the Attorney-General discretion to enter a nolle prosequi in the course of a criminal trial. According to the orthodox view, this discretionary power is not subject to judicial review. The orthodox view raises a number of very important questions. First, is it really the case that the power to enter a nolle prosequi is not subject to judicial review? Secondly, if this is the case, how is the Attorney-General accountable for the manner in which he exercises his discretion and how is it possible to ensure that he acts fairly when he enters a nolle prosequi? This article challenges the orthodox theory and advocates a theory based on legal accountability. The proposed theory is founded on the view that accountability and fairness—which are central constituents of good governance—will be enhanced if the discretion to enter a nolle prosequi is subject to legal control. The paper goes on to show that the legal accountability theory is supported by article 296 of the 1992 Ghanaian Constitution and that it also conforms to practices found in other Commonwealth jurisdictions such as England, Canada, Fiji and Australia.
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McNamara, Luke. "Research Report: A Profile of Racial Vilification Complaints Lodged with the new South Wales Anti-Discrimination Board." International Journal of Discrimination and the Law 2, no. 4 (September 1997): 349–78. http://dx.doi.org/10.1177/135822919700200406.
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In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable empirical foundation for critical assessment of anti-vilification provisions and of the conciliation based procedure which is currently employed in handling complaints.
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Sarsembayev, Marat. "Improve the Consular Charter of the Republic of Kazakhstan as the main source of the country's consular law." 1 (72), no. 1 (March 30, 2020): 52–60. http://dx.doi.org/10.52123/1994-2370-2020-72-1-52-60.
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This scientific article refers to the Consular Charter of the Republic of Kazakhstan of 2016 as the main source of consular law, as a regulator of consular relations between Kazakhstan and foreign countries. The provisions of the Kazakh Consular Charter are generally given a positive characteristic, but some shortcomings that should be corrected are noted. In the article the author suggests to alter, to supplement the relevant paragraphs of the other rules, based on experience of the legislative regulation of consular activities of such countries as USA, Russian Federation, UK, Australia, Singapore and on the standards of international law. Proposals are formulated to improve the text of the Consular Charter of the Republic of Kazakhstan on the questions of procedure for the appointment of consuls, the inviolability of consular premises and land plots, tax immunity of consuls, training of young specialists in consular institutions, consular fees, revocation of consular privileges and immunities.
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Sumner, C. J. "Taking Account of the Victim in Sentencing in South Australia." International Review of Victimology 3, no. 1-2 (January 1994): 111–19. http://dx.doi.org/10.1177/026975809400300208.
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South Australia's practical measures to give effect to the spirit and letter of the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power have meant changes to legislation and to legal procedures. This extract from a previously given Paper on these changes concentrates on the principles of Anglo-Australian law adopted by Courts in Australia in sentencing offenders, and in particular deals with the relevance of the victim in sentencing.
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Kovacek-Stanic, Gordana. "Biomedically assisted reproduction and child birth: Surrogate motherhood in comparative European law and Serbia." Stanovnistvo 51, no. 1 (2013): 1–21. http://dx.doi.org/10.2298/stnv1301001k.
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Surrogate motherhood is an arrangement in which a woman agrees to carry and deliver a child for another couple who ordered the pregnancy. This procedure is applied today in Great Britain, Holland (although without legal regulations), Israel, Greece, Ukraine, Armenia, Georgia, the USA and Australia, and it is forbidden in France, Austria, Spain, Germany, Switzerland and Slovenia. There are two types of surrogacy, one when the woman gives birth to a child who is genetically her own ("partial", genetic surrogacy), and the other where the surrogate mother only carries and gives birth to a child, whereby the child is genetically from the couple that wanted the child, or the fertilized egg is from a third woman (donor), or the embryo was donated ("full", "total", gestational surrogacy). In these cases two women take part in conception and birth of the child while in the last case there is a third woman who will raise the child. Biologically observed, the woman whose egg has been fertilized may be called the genetic mother, while the woman who carried the pregnancy and gave birth to the child - the gestational carrier. Taking into consideration that the Preliminary Draft of the Serbian Civil Law anticipates the introduction of surrogate motherhood into domestic law, we believe restrictive solutions should first be taken into consideration. This would mean that only full surrogating should be allowed, namely the egg should be from the woman who wants the child and not the surrogate mother. In domestic conditions, genetic surrogation should not be allowed as it leads to confusion in family relations, and kinships still have an important social and legal significance in our country. The surrogate mother should be a woman who has already given birth, because in that way any possible shocks which might arise after birth when the woman who has to handover the child to the intended couple would be avoided. The next condition would be that persons involved in this procedure should have usual residency in Serbia so as to prevent any international complications or problems. As far as compensation is concerned, only compensation of so-called reasonable expenses which the surrogate mother would incur should be allowed. The surrogate contract should be approved by a court judge, who would have the obligation to determine if all legal conditions have been fulfilled for surrogate motherhood, and to explain the contract effects to the contracting parties. Apart from that, psycho-social counselling of all persons involved in the procedure should be anticipated.
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Nhung, Nguyen Thi Hong, Huynh Thi Nam Hai, and Luu Minh Sang. "E-Court in resolving civil cases - Foreign experiences and recommendations for Vietnam." Science & Technology Development Journal - Economics - Law and Management 5, no. 3 (July 4, 2021): first. http://dx.doi.org/10.32508/stdjelm.v5i3.804.
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Applying digital technology in state management activities is a trend that many countries are actively implementing. Experiences from other foreign countries show that digitizing and technologizing judicial activities is an inevitable trend to simplify administrative procedures, maximize the settlement of disputes to ensure legitimate rights of people, and to maintain social order. Vietnam is therefore not out of that trend. However, the application of information technology to the Court's activities in Vietnam has just been initially organized through a number of activities such as online filing, electronic case management..., but for the online trial, the Vietnamese law still does not have a complete legal framework. In the context of Covid-19 epidemy, the employment of E-court becomes even more necessary than ever. Because of social distancing, many activities, including court trial have been postponed. This can cause many inconveniences to the court (to comply with the law on procedural time), and to the parties (who wants to solve their legal issues as quick as possible, so that they can enjoy well their legal rights and interests). However, this model of court needs many conditions to be developed: investment of Government, qualifications of competent persons, people’s scientific and technical level… It should be noted that technological measures are just a different implementation method of the procedural provisions, but due to being as the procedural law, these implementation steps should be clearly specified in the law, so as not to be considered a violation of the proceedings. Thus, the contents of law need to be legalized such as applicable conditions, procedures on initiating a lawsuit, on giving announcement to parties... In fact and theory, all kind of civil cases can be judged online as long as the requirements of platform and demand of participating parties are met. And the civil procedure law can add regulations about the online method to some of necessary procedural steps as an additional choice to the parties. The article focuses on recommending the building of a E-Court model in Vietnam in civil proceedings, where this model can be effectively applied due to the civil nature of the case, with the research method of analysis, thesis and comparison with other foreign laws, such as Malaysia, Korea, Australia and Canada.
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Healey, Deborah J. "Strange Bedfellows or Soulmates: A Comparison of Merger Regulation in China and Australia." Asian Journal of Comparative Law 7 (2012): 1–40. http://dx.doi.org/10.1017/s219460780000065x.
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AbstractChina and Australia are extremely significant trade partners and investors. Australia has a very well established competition law, now called the Competition and Consumer Law 2010, with a well-established merger regime. China has a relatively new competition law, the Anti-Monopoly Law 2007. This article compares merger control in the two jurisdictions. The Ministry of Commerce (MOFCOM) has already referred to an Australian decision in rejecting a merger, the only reference to a foreign decision to date, which confirms the utility of the comparison. This article critically evaluates the determinations of MOFCOM and compares the approach of the Australian Competition and Consumer Commission (ACCC), the Australian regulator. It assesses the transparency and predictability of procedures and decision-making in the two jurisdictions.
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Khan, S., T. Rana, and Munir A. Hanjra. "A whole-of-the-catchment water accounting framework to facilitate public–private investments: an example from Australia." Water Policy 12, no. 3 (November 9, 2009): 336–56. http://dx.doi.org/10.2166/wp.2009.027.
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Often, information on spatial water use efficiencies in a whole-of-the-catchment context does not exist or does not feed into the water policy process to guide investments. Significant gains in water use efficiency are achievable but the water savings are often assumed rather than identified systematically. This paper used a whole-of-the-catchment water accounting framework to identify the main pathways to enhance water use efficiency, taking the Murrumbidgee catchment in the Murray–Darling Basin in Australia as an example. The results show that large amounts of water remain unaccounted for in the river system account; the true water losses occur in the nearfarm and onfarm zones, most of which can be saved cost effectively. The catchment water accounting procedure thus offers a useful framework for bringing unaccounted/lost water flows into human and environmental uses, for enhancing water use efficiency, for targeting investments to the water system components with the largest potential gains in efficiency, and for garnering private sector investments to realize true water savings. The pro-investment technical and institutional, as well as governance and policy, interventions to revamp private sector participation in water infrastructure are articulated.
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Lesslie, Robert G., Brendan G. Mackey, and Kathryn M. Preece. "A Computer-based Method of Wilderness Evaluation." Environmental Conservation 15, no. 3 (1988): 225–32. http://dx.doi.org/10.1017/s0376892900029362.
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With ever-increasing demands being made on remote and natural lands, planners and managers require more detailed information than hitherto to assist them in monitoring the status of this wilderness resource and developing appropriate and effective management prescriptions. These requirements are addressed by a computer-based wilderness evaluation procedure that has been developed for a national wilderness survey of Australia.The methodology, based on the wilderness continuum concept (Lesslie & Taylor, 1985), places emphasis on measuring variation in wilderness quality by using four indicators that represent the two essential attributes of remoteness and naturalness. This permits a precise assessment to be made of the wilderness resource, revealing those factors which contribute to or compromise wilderness quality. The computer-based storage and analysis of data enables surveys to be conducted over large, even continental, areas, yet at a relatively fine level of resolution that is appropriate to localized planning needs.Trial application to the State of Victoria, Australia, demonstrates that the survey procedure can be successfully adapted to a wide range of environments, use-patterns, data-base characteristics, and management objectives, which should be applicable and very widely useful elsewhere.
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Tamada, Dai. "The Timor Sea Conciliation: The Unique Mechanism of Dispute Settlement." European Journal of International Law 31, no. 1 (February 2020): 321–44. http://dx.doi.org/10.1093/ejil/chaa025.
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Abstract The maritime boundary dispute between Timor-Leste and Australia was submitted to the compulsory conciliation procedure under the United Nations Convention on the Law of the Sea (UNCLOS). This is the first instance of conciliation, whether voluntary or compulsory, under UNCLOS. The Timor Sea conciliation led to the successful settlement of the long-standing deadlock between the parties that had hitherto not been settled by negotiation and had no possibility of being settled by litigation (within, for example, International Tribunal for the Law of the Sea or International Court of Justice proceedings) or arbitration (within the context of an UNCLOS Annex VII tribunal). This article aims to elucidate the unique mechanism of conciliation and, to this end, analyses both the procedural particularities of conciliation under UNCLOS and the substantive considerations in conciliation proceedings. The author places emphasis, in particular, on the fundamental importance of the economic factor in the Timor Sea maritime delimitation – namely, the sharing ratio of the natural resources in the Greater Sunrise gas fields. Being a definitive factor for the success of this conciliation, it was the economics of this dispute that incentivized the parties to compromise and settle. Furthermore, given that conciliation is a most elucidating piece in the rather complicated puzzle that is the UNCLOS dispute settlement mechanism, the Timor Sea conciliation offers valuable insights into this mechanism.
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Sachindra, D. A., F. Huang, A. Barton, and B. J. C. Perera. "Statistical downscaling of general circulation model outputs to precipitation, evaporation and temperature using a key station approach." Journal of Water and Climate Change 7, no. 4 (March 18, 2016): 683–707. http://dx.doi.org/10.2166/wcc.2016.021.
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Using a key station approach, statistical downscaling of monthly general circulation model outputs to monthly precipitation, evaporation, minimum temperature and maximum temperature at 17 observation stations located in Victoria, Australia was performed. Using the observations of each predictand, over the period 1950–2010, correlations among all stations were computed. For each predictand, the station which showed the highest number of correlations above 0.80 with other stations was selected as the first key station. The stations that were highly correlated with that key station were considered as the member stations of the first cluster. By employing this same procedure on the remaining stations, the next key station was found. This procedure was performed until all stations were segregated into clusters. Thereafter, using the observations of each predictand, regression equations (inter-station regression relationships) were developed between the key stations and the member stations for each calendar month. The downscaling models at the key stations were developed using reanalysis data as inputs to them. The outputs of HadCM3 pertaining to A2 emission scenario were introduced to these downscaling models to produce projections of the predictands over the period 2000–2099. Then the outputs of these downscaling models were introduced to the inter-station regression relationships to produce projections of predictands at all member stations.
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Kalancha, I. "PARTICIPATION OF EXPERTS IN JUDICIAL CONSIDERATION OF CRIMINAL CASES – INNOVATIVE APPROACH." Criminalistics and Forensics, no. 64 (May 7, 2018): 137–44. http://dx.doi.org/10.33994/kndise.2019.64.10.
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This article deals with topical issues of innovative enhancement of expert participation in criminal proceedings. It is identified the problematic questions of an expert’s examination during the trial to clarify or supplement its conclusion in accordance with Section 7, Article 101 CPC of Ukraine. It has been learned the experience of distance communication with court experts in Australia and Spain as well as took into account the shortage of personnel in the Expert Service of the Ministry of Internal Affairs of Ukraine and expert institutions of the Ministry of Justice of Ukraine. On this basis, it is proposed to consolidate the Criminal procedure code of Ukraine and to technically provide a remote procedure for the participation of experts during criminal proceedings. It has been suggested for experts to be involved in criminal proceedings through an electronic exchange of data between the court’s systems and experts. In order to accomplish these tasks, it is proposed to develop an electronic system based on the Register of Certified Forensic Experts. This system should provide the following: maintaining a register of forensic experts and reflecting the types of expertise that the expert can carry out and the level of workload of the expert; exchange of electronic procedural documents with the subjects of criminal proceedings; distance communication with the court. An electronic expert system should also include: automatic examination of the expert’s authority when conducting an electronic examination procedure appointment; authentication on the basis of an electronic signature in the manner prescribed by law; creation of electronic conclusions of experts, their signing by electronic signature, and exchange of electronic procedural documents with the subjects of criminal proceedings. The article describes the introduction of an electronic criminal procedure for the appointment of an expert examination so that the expert receives access to the necessary criminal investigation information through a personal virtual office in the electronic system. Key words: criminal proceedings, subjects of criminal proceedings, register of forensic experts, types of forensic examinations, electronic procedural documents.
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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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Caruana, Jane, and Vince Morabito. "TURNING THE SPOTLIGHT ON CLASS REPRESENTATIVES -EMPIRICAL INSIGHTS FROM DOWN UNDER." Windsor Yearbook of Access to Justice 30, no. 2 (October 1, 2012): 1. http://dx.doi.org/10.22329/wyaj.v30i2.4367.
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Ten months before Ontario became the first Canadian common law province to authorise American-style class actions, class actions became available in the Federal Court of Australia. In these two countries and in the United States, the named plaintiffs, commonly referred to as class representatives, are the only claimants formally in charge of the litigation, on the plaintiff side, whilst the outcome of class actions binds not only them and their opponents but also the claimants that they represent, the absent class members. And yet, to date, there have been no comprehensive studies of class representatives in these three countries. The aim of this article is to partly address this significant lacuna in the international legal literature by providing the findings of an empirical study, that the authors have undertaken, of the persons that acted as class representatives in the class actions that were filed in the first 17 years of the operation of the class action procedure in the Federal Court of Australia. It is hoped that this article will prompt Canadian scholars to undertake similar studies with respect to Canadian class representatives.Dix mois avant que l’Ontario devienne la première province de common law canadienne à autoriser les recours collectifs à l’américaine, la Cour fédérale d’Australie autorisait ceux-ci. Dans ces deux pays, ainsi qu’aux États-Unis, les demandeurs nommés, communément appelés représentants, sont les seuls demandeurs formellement mêlés au litige du côté de la partie demanderesse, tandis que l’issue des recours collectifs lie non seulement les représentants et leurs adversaires, mais aussi les demandeurs qu’ils représentent, c’est-à-dire les personnes inscrites au recours collectif qui sont absentes. Pourtant, il n’y a eu à ce jour aucune étude approfondie sur ces représentants de groupes dans ces trois pays. L’objet du présent article est de combler en partie cette importante lacune dans la littérature juridique internationale en fournissant les conclusions d’une étude empirique effectuée par les auteurs et portant sur les représentants dans le cadre des recours collectifs introduits dans les 17 premières années du régime des recours collectifs devant la Cour fédérale d’Australie. Il est à espérer que le présent article incitera les chercheurs canadiens à entreprendre de telles études en ce qui concerne les représentants de groupes canadiens.
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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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Hac, Piotr. "Integrity Testing in Poland — Issues, Experience and Practical Comments." Internal Security 8, no. 2 (December 31, 2016): 67–84. http://dx.doi.org/10.5604/01.3001.0010.2271.
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The aim of this article is to present a subject not widely known in Poland: the tool known as Integrity Testing that is in place in several countries of the world (including countries in Europe). It is used to fight corruption and irregularities in the functioning of public institutions and means the possibility of anti-corruption authorities creating a false corruption situation in order to verify an officer’s behaviour. The motives for the inception of the procedure, its assumptions and the basic conditions of use are presented,and the terminology used is also explained. It shows the positive, preventive aspects of the use of tests and the need for a professional approach to these on the part of the people implementing and performing them. For the purposes of this article the tests described have been divided into four main groups and the criteria adopted have been explained. A comparative analysis of integrity testing as used by institutions in the United States, Australia, Great Britain, Romania and the Czech Republic is also carried out, specifying the key differences between these systems, including how to implement procedures and the possible use of the results. Specific figures are given concerning the number of tests carried out in some countries and their effectiveness. The assumptions used in integrity tests are also compared to current similar solutions in the anti-corruption law operating in the Polish police (Article 19 of the Police Act). Also outlined are the main problems requiring a response before any possible start of work on the implementation of integrity tests in Poland. At the same time it is noted that in the years 2007–2008 the Polish Police worked on a similar legal solution, but ultimately this was not accepted. The article is based on the author’s personal knowledge and experience resulting in a highly pragmatic picture of the issues presented.
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Голованова, Наталья, and Natalya Golovanova. "Confiscation as Necessary Response to Acquisitive Crime." Journal of Russian Law 3, no. 7 (June 25, 2015): 0. http://dx.doi.org/10.12737/11754.
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This article is dedicated to the issues of foreign successful experience in legislative regulation of asset forfeiture mechanisms resulting from offenses. Modern states increasingly use different types of confiscation to deprive criminals of any proceeds derived from their offenses. It can be confiscation with criminal conviction, non-conviction based confiscation in rem. Application of civil procedure methods transfers the burden of proof to the defendant. Though confiscation in rem cannot replace criminal forfeiture. The author concludes that at the present time there occurs transformation of different types of confiscation, their enhancement. Particular emphasis is laid on extended confiscation. This type of confiscation allows using similar methods which are used in civil proceedings. Under the influence of international laws extended confiscation is implemented and used in the European criminal law on a large scale, which demonstrates tendencies to unification. On the basis of the analysis of the legislation on forfeiture of illicit assets in several countries in recent years (Great Britain, Australia), the author concludes that there are significant changes in the traditional approach to this institution. One can say that the scope of the institution expands and undergoes modifications in various jurisdictions. Extended confiscation of an offender’s assets, if the crime was committed out of selfish motives, is a fair public response. It is necessary to introduce this type of confiscation in Russia.
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Lilienthal, Gary, and Nehaluddin Ahmad. "AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS?" Denning Law Journal 27 (November 16, 2015): 146–77. http://dx.doi.org/10.5750/dlj.v27i0.1104.
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The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows.‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’This constitutional section prohibits the making of laws, as stated, but does not prohibit administrative action imposing religious procedures. Neither does it prohibit official administrative action to restrain the free exercise of religion in Australia.
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Grantham, Ross. "The Proceduralisation of Australian Corporate Law." Federal Law Review 43, no. 2 (June 2015): 233–57. http://dx.doi.org/10.22145/flr.43.2.3.
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The central hypothesis of the paper is that bit by bit and largely unnoticed Australian corporate law has undergone a profound change. Australian corporate law, and particularly the Corporations Act 2001 (Cth), has moved from an essentially private law, substantive rights model, to one that seeks to regulate the company and those involved in its affairs through the prescription of processes and procedures by which corporate decisions may be made and by which the procedural correctness of those decisions is assured. The paper will also seek to demonstrate, by an analysis of the changes in the patterns of corporate case law, that this proceduralising trend has effected a fundamental change in the nature of corporate law and the role of the courts and may now claim to be a, if not, the principal characteristic of Australian corporate law. The paper concludes by highlighting some of the wider implications of this trend and the risk it poses to the intellectual heart of corporate law. The modern registered company owes its immediate creation to the legislature. Historically, however, the nature of the corporate form and the content of what is now known in Australia as corporate law has been very much more the work of the courts.1 It is thus the case that the decision of the House of Lords in Salomon v A Salomon & Co Ltd2 is more often cited as the foundation of modern corporate law than are the Joint Stock Companies Act 1844 (UK)3 or the Limited Liability Act 1855 (UK).4 It is also the case that the building blocks of corporate law were predominantly taken from the private law. Within the open girders of the statutory framework,5 corporate law was built out of the concepts of contract, property, and trust. It is thus not surprising that the company was, and is still, regarded as a fundamentally private legal and economic institution.6
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Calver, MC, JC Mcilroy, DR King, JS Bradley, and JL Gardner. "Assessment of an Approximate Lethal Dose Technique for Determining the Relative Susceptibility of Non-Target Species to 1080-Toxin." Wildlife Research 16, no. 1 (1989): 33. http://dx.doi.org/10.1071/wr9890033.
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The susceptibility of eight species of dasyurid marsupials and five species of murid rodents from the pastoral areas of Western Australia to the toxin sodium monofluoroacetate (Compound 1080) was assessed. Both LD*5O tests and an increasing dose procedure to determine the approximate lethal dose (ALD) were used. The results ranged from a low ALD of 1.6 mg kg-1 for an island population of Pseudomys hermannsburgensis to a high of 20 mg kg-1 for a mainland population of Notomys mitchelli. Intraspecific and regional variation in sensitivity was evident: three populations of P. hermannsburgensis showed widely different ALDS, and high ALDS were found in the Millstream area relative to elsewhere in the pastoral regions. Where both ALD and LD*5O were available, the dose response curve was steep; all LDSOS were less than a factor of 1.5 above the ALD. LD*5O values and ALDS were significantly correlated for selected dasyurids and murids, using published data. A computer simulation based on sampling a standard number of animals from 10 theoretical populations differing only in their LD~O confirmed that ALD and LD*5O gave similar rankings of sensitivity, although high variance on the LD~O reduced the strength of the correlation. Actual dosing data from eight populations of Rattus fuscipes were also analysed; both LD*5O and ALD gave similar rankings of population sensitivity. Subject to assumptions about the variability of sensitivity within a population, the ALD offers an alternative to LD~O testing that requires fewer animals, and need not cause more than one death per population tested.
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Aroney, Nicholas. "Subsidiarity: European Lessons for Australia's Federal Balance." Federal Law Review 39, no. 2 (June 2011): 213–34. http://dx.doi.org/10.22145/flr.39.2.1.
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The principle of subsidiarity was adopted as part of the law of the European Union as a response to perceptions of excessive centralisation and bureaucratisation within the European system of government. If subsidiarity is a solution to these problems in Europe, it might be asked: could it also be a solution to similar problems that arise in other federal systems, such as those of the United States and Australia? However, posing the question in this way is misleading because it is not at all clear that subsidiarity has been a solution in Europe, and in any case it cannot be assumed that a solution in one context will necessarily operate effectively in another. This article closely examines the nature and operation of the principle of subsidiarity in Europe and asks what lessons might be learned from it. To do this, the article begins by identifying the carefully defined operation of the principle in EU law and then closely examining the application of the principle, firstly as a political decision-making procedure that involves the Member State parliaments in the European policy-making process, and secondly as a juridical principle enforceable by the European Court of Justice. The possible adoption of the principle in other federations is then discussed, but limitations on its effectiveness in Europe, as well as the different institutional and political circumstances of the Australian federal system, are shown to undermine its likely usefulness, unless other more fundamental issues about the way in which the federal system is understood, organised and operated are addressed. The final part of the article suggests that these more fundamental issues are best understood and addressed in the light of a broader, more substantial, ‘social’ conception of subsidiarity: a conception not unrelated to the Roman Catholic social theory from which the idea of subsidiarity originally derived. A more substantial, social conception of subsidiarity, it is argued, can help us to understand why the application of the principle in Europe has had only limited effect and also why its application in other federal systems is unlikely to remedy problems of centralisation and bureaucratisation. This is because the European version of subsidiarity is focussed on the question of how the functionalist objectives of the EU can most appropriately be achieved, with only tangential consideration being given to the proper functions, purposes and responsibilities of the constituent Member States themselves. Focussing simply on the scope and reach of the competences of the central organs of government is not enough. Nor is it sufficient, as in Australia, to focus only upon the immunities that the constituent states ought to enjoy as self-governing political communities. Rather, the key task is to identify the proper functions and purposes ( munera) of the various political (and social) communities and associations that make up the wider political community of which they are an integral part. The proper immunities that a particular community should enjoy cannot be identified apart from and identification of the appropriate munus of that community. Although an admittedly difficult and highly controversial task, unless the issue of the munera is addressed, ‘subsidiarity’ as a principle is not going to have much effect, for its fundamental lesson about the nature and integrity of the munus of each community — social and political — will not have been learned.
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Handika, Sandhy, Muhammad Ibnu Fajar Rahim, and Rudi Pradisetia Sudirdja. "Virtual Court Policy For Criminal Justice on Corona Virus Disease Pandemic." Substantive Justice International Journal of Law 3, no. 1 (May 5, 2020): 74. http://dx.doi.org/10.33096/sjijl.v3i1.67.
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The Corona Virus Disease (COVID-19) pandemic that has plagued the world has changed the mindset, how to behave and how to act, not only in social interaction but also has influenced the law enforcement system. Development in Information Technology (IT) has found a teleconference system as a means of conducting virtual courts as a reaction to social or physical distancing movements which is one way to prevent the spread of COVID-19. Although in practice the use of a virtual court in a trial is considered capable of preventing the spread of viruses, the use of a virtual court must keep be based on applicable laws and regulations. This paper is a normative legal research with legislation approach, case approach, comparative legal approach, and conceptual approach to legal material collected through literature study and then analyzed using grammatical, systematic, and extensive interpretation methods. Based on the results of the study, several countries such as the United Kingdom, China, Australia (New South Wales) and America (New York) and Indonesia (although limited to the examination of witnesses) have applied virtual courts in the justice system. Implementation of the trial using the virtual court method by teleconference did not violate the provisions of the trial set out in the Criminal Procedure Code (KUHAP). According to the Draft Law KUHAP has accommodated the trial using the virtual court method as an embodiment of legal principles in the judiciary that is carried out quickly, simply, and at a low cost. The use of virtual court is not the first or primary choice in examining criminal cases in Indonesia, in abnormal emergency conditions due to the COVID-19 pandemic as it is today, an examination by the virtual court method is a solution so that the criminal justice system continues to run without reducing the efforts to prevent the spread of the virus. Trials using virtual court facilities continue to accommodate the human rights of victims, witnesses and defendants through their virtual presence so that a fair trial continues in the courtroom.
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Sutton, Adam, and Rick Sarre. "Monitoring the South Australian Cannabis Expiation Notice Initiative." Journal of Drug Issues 22, no. 3 (July 1992): 579–90. http://dx.doi.org/10.1177/002204269202200309.
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In 1987, a Labor government in South Australia made widespread changes to laws concerning possession and use of small amounts of cannabis. At the time of the introduction of the new legislation, because of not inconsiderable media and other attention being paid to law enforcement data on the controversial “on-the-spot” scheme, the government gave an undertaking that the new approach would be monitored and results published Despite problems with the lack of long-term survey data on patterns and trends of drug consumption in Australia, and the fact that only limited research resources were available, the Office of Crime Statistics undertook a study of the critical first nine months of the new procedures. Monitoring the new system provided Parliament and the public with the opportunity to assess operation of the new procedures and to gauge whether there had been consequences not anticipated when the legislative changes were made. Full results of the study are in Cannabis: The Expiation Notice Approach released in South Australia in September 1989 (Office of Crime Statistics 1989). This article reproduces parts of the report and provides an update on an attempt in 1990 by the South Australian Opposition party to repeal the scheme.
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Sukati, Bonokwakhe Hezekiel, Pieter Christiaan De Jager, John George Annandale, and Philip Dale Tanner. "The Hazardous Status of High Density Sludge from Acid Mine Drainage Neutralization." Sustainability 10, no. 11 (November 13, 2018): 4185. http://dx.doi.org/10.3390/su10114185.
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Classification of waste is an essential part of waste management to limit potential environmental pollution; however, global systems vary. The objective was to understand the waste classification of high density sludge (HDS) from acid mine drainage (AMD) treatment, according to selected global systems. Three sludges from two limestone treatment plants, and three others from a limestone and lime treatment plant from the Mpumalanga coalfields of the Republic of South Africa (RSA) were evaluated. Systems for the RSA, Australia, Canada, China, and the United States Environmental Protection Agency (USEPA) were considered. The USEPA system rated all six sludges non-hazardous, Canadian and Chinese systems allocated a hazardous status to one sludge from the limestone treatment plants based on Ni solubility. The RSA system considered two of the sludges from limestone treatment plants to be higher risk materials than did the other countries. This was due mainly to the RSA system’s inclusion of Mn and use of appreciably lower minimum soluble levels for As, Cd, Pb, Hg, and Se. None’s use of lime resulted in higher soluble Mn. Minimum leachable concentration thresholds for Cd, Hg, Pb, As, and Se in the RSA system were below method detection limits for Toxicity Characteristic Leaching Procedure (TCLP) extracts, making the guidelines impractical, and revision is advised. Considering all the systems, the probability that the HDS from the coalfields of Mpumalanga, South Africa will be classified as hazardous waste increases if the material is only subjected to limestone treatment because of Ni solubility.
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Anderson, Colin. "Some cross-border issues under the Australian voluntary administration procedure." International Insolvency Review 13, no. 2 (2004): 137–54. http://dx.doi.org/10.1002/iir.114.
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Cho, Hannah, Sang-woo Ji, Hee-young Shin, and Hwanju Jo. "A Case Study of Environmental Policies and Guidelines for the Use of Coal Ash as Mine Reclamation Filler: Relevance for Needed South Korean Policy Updates." Sustainability 11, no. 13 (July 2, 2019): 3629. http://dx.doi.org/10.3390/su11133629.
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The South Korean government is pursuing a national project to use the complex carbonates found in coal ash to capture CO2 and promote coal ash recycling. One possible approach is the use of coal ash as fill material in mine reclamation, but environmental concerns have so far blocked the implementation of this procedure, and no relevant regulations or guidelines exist. In this study, we review international approaches to the environmental management of coal ash recycling and consider how the lessons learned can be applied to South Korea. Each studied country was proactively using coal ash for beneficial uses under locally suitable conditions. The United States, European Union, United Kingdom, Australia, and Japan are all putting coal ash to beneficial use following thorough analyses of the environmental impact based on several considerations, including bulk concentration, coal ash leachate concentration, field inspections, and water quality monitoring. Our findings can contribute to the development of proper regulations and policies to encourage the use of recycled coal ash in South Korea as an approach to managing carbon emissions and climate changes. There are currently no relevant regulations in South Korea, so we consider the adoption of the strictest standards at each stage of the other cases at the time of introduction. Based on our findings, detailed and appropriate management guidelines can be developed in the future. Establishing management plans for complex carbonates, verifying their environmental stability, and using them as fill material will provide clear benefits for South Korea in the future.
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Dastyari, Azadeh, and Daniel Ghezelbash. "Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures." International Journal of Refugee Law 32, no. 1 (February 29, 2020): 1–27. http://dx.doi.org/10.1093/ijrl/eez046.
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Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.
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Pawsey, Nicholas, Jayanath Ananda, and Zahirul Hoque. "Rationality, accounting and benchmarking water businesses." International Journal of Public Sector Management 31, no. 3 (April 9, 2018): 290–315. http://dx.doi.org/10.1108/ijpsm-04-2017-0124.
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Purpose The purpose of this paper is to explore the sensitivity of economic efficiency rankings of water businesses to the choice of alternative physical and accounting capital input measures. Design/methodology/approach Data envelopment analysis (DEA) was used to compute efficiency rankings for government-owned water businesses from the state of Victoria, Australia, over the period 2005/2006 through 2012/2013. Differences between DEA models when capital inputs were measured using either: statutory accounting values (historic cost and fair value), physical measures, or regulatory accounting values, were scrutinised. Findings Depending on the choice of capital input, significant variation in efficiency scores and the ranking of the top (worst) performing firms was observed. Research limitations/implications Future research may explore the generalisability of findings to a wider sample of water utilities globally. Future work can also consider the most reliable treatment of capital inputs in efficiency analysis. Practical implications Regulators should be cautious when using economic efficiency data in benchmarking exercises. A consistent approach to account for the capital stock is needed in the determination of price caps and designing incentives for poor performers. Originality/value DEA has been widely used to explore the role of ownership structure, firm size and regulation on water utility efficiency. This is the first study of its kind to explore the sensitivity of DEA to alternative physical and accounting capital input measures. This research also improves the conventional performance measurement in water utilities by using a bootstrap procedure to address the deterministic nature of the DEA approach.
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Hooper, Grant Robert. "Three Decades of Tension: From the Codification of Migration Decision-Making to an Overarching Framework for Judicial Review." Federal Law Review 48, no. 3 (May 29, 2020): 401–31. http://dx.doi.org/10.1177/0067205x20927811.
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Over the last three decades, Australian administrative law decisions about who will be allowed to stay in Australia have led to more interaction and tension between the elected government (Parliament and Ministry) and the judiciary than any other subject matter. This interaction has been intensified by Parliament’s attempts to amend the Migration Act 1958 (Cth) to codify judicial review and the procedures to be followed when making decisions under the Act. These amendments were made with the specific aim of minimising, if not practically eliminating, the judiciary’s influence over executive decision-making. However, this outcome has not been achieved. Rather, through a thousand cuts, or more literally cases, the codification efforts of Parliament have been weakened. Instead, the judiciary has put in place an overarching judicial review framework centred on the inherently flexible concept of jurisdictional error. This framework places equal emphasis on both express and implied statutory obligations and procedures. Express procedures have often being interpreted to include judicially created natural justice-like obligations and implied procedures often including other natural justice-like obligations or at least a base level of fairness premised on the constitutionally entrenched premise that the executive cannot decide arbitrarily.
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Rathmell, Aaron. "The Relation Between Function and Form in the Main Federal Industrial Tribunals." Journal of Industrial Relations 53, no. 5 (November 2011): 596–615. http://dx.doi.org/10.1177/0022185611419610.
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This article examines the relation between function and form in the main Australian federal industrial tribunals, drawing on process jurisprudence, in particular the work of Lon Fuller. It suggests that the structures and procedures of the tribunals can be set against Fuller's idealized features of adjudication, in order to draw out their most important and innovative features. Of particular interest are the distinctive ways that the tribunals have mediated the participation of the industrial parties and tackled complicated problems such as wage-setting. The aim is to focus attention on procedural design and encourage research into the tribunals’ contributions to the rule of law in the industrial context. This should also lead to a better understanding of the continuities, discontinuities and dilemmas represented in the new umpire, Fair Work Australia.
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Butler, H., B. Malone, and N. Clemann. "Activity patterns and habitat preferences of translocated and resident tiger snakes (Notechis scutatus) in a suburban landscape." Wildlife Research 32, no. 2 (2005): 157. http://dx.doi.org/10.1071/wr04027.
Full textAbstract:
Translocation of snakes is a common practice for managing human–snake conflict in many parts of Australia. The impact of this management on individual snakes is not known. Differences between translocated and non-translocated snakes in terms of their activity patterns and habitat use are likely to indicate an impact on individual snakes from this procedure. We investigated these issues in a suburban parkland close to Melbourne for one of the most familiar of these snakes, the tiger snake (Notechis scutatus). This parkland is frequently used by licenced snake controllers to release snakes that have been removed from nearby private properties at the owner’s request. We used two techniques to assess activity patterns and habitat preferences of resident and translocated snakes: direct observations of tiger snakes that were resident in the park, and radiotelemetry to compare a subset of resident snakes with translocated conspecifics. The size of our transmitters dictated that we only use telemetry for large snakes (≥750 mm snout–vent length), even though the resident population consisted mainly of intermediate-sized females (560–760 mm snout–vent length). Non-telemetred resident snakes were readily observed during spring, but rarely observed in summer and early autumn. Translocated snakes travelled greater distances than resident telemetred snakes, although there was no difference in the frequency of movements. For both groups the degree of cloud cover and maximum daily temperature had a significant influence on daily activity, with snakes being more likely to be active on relatively cool, sunny days. Relative humidity, wind speed and rainfall did not exert a significant influence on activity. Snakes exhibited bimodal peaks in daily activity, avoiding the hottest part of the day. Both resident and translocated snakes showed a preference for grassy woodlands associated with hills, but avoided escarpment woodlands and open plains. Floodplain riparian woodland was avoided by resident snakes, but used in proportion to its availability by translocated snakes. Because translocated snakes released at the study site moved larger distances and showed different habitat preferences to resident snakes we conclude that this practice influences individual snakes. Until the implications of translocation for both snakes and humans are fully understood, we recommend caution in the use of this management practice.
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Bell, Felicity. "'Part of the Future'." University of Queensland Law Journal 40, no. 1 (March 26, 2021): 1–26. http://dx.doi.org/10.38127/uqlj.v40i1.5619.
Full textAbstract:
In March 2020, the family law courts, like other Australian courts, moved to hearing proceedings ‘remotely’, by phone, audio-visual link or software platform. This article examines the particular circumstances of family law cases that likely impact on whether it is appropriate for remote procedures to be used. Giving context to these themes, the article reports on a survey of Australian federal judicial officers about their experiences of conducting family law proceedings remotely.