Letteratura scientifica selezionata sul tema "Procedure (Law) Australia"
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Articoli di riviste sul tema "Procedure (Law) Australia"
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Tahmindjis, Phillip. "Sexual Harassment and Australian Anti-Discrimination Law". International Journal of Discrimination and the Law 7, n. 1-4 (settembre 2005): 87–126. http://dx.doi.org/10.1177/135822910500700404.
Testo completoAbstract (sommario):
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 e 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, n. 1 (marzo 2021): 85–98. http://dx.doi.org/10.1177/14613557211004618.
Testo completoAbstract (sommario):
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, n. 1 (2 marzo 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 e Jennifer M. McKay. "Small dams safety issues – engineering/policy models and community responses from Australia". Water Policy 8, n. 1 (1 febbraio 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, n. 2 (giugno 2010): 83–99. http://dx.doi.org/10.1080/00450610903258128.
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Kennedy, Sally, e 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, n. 4 (1 dicembre 2018): 100–114. http://dx.doi.org/10.5204/ijcjsd.v7i4.1082.
Testo completoAbstract (sommario):
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, n. 5 (ottobre 2001): 409–13. http://dx.doi.org/10.1054/jhsb.2000.0517.
Testo completoAbstract (sommario):
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, n. 2 (aprile 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, n. 2 (giugno 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, n. 3 (1992): 13–16. http://dx.doi.org/10.1017/s1035077200013286.
Testo completoAbstract (sommario):
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.
Tesi sul tema "Procedure (Law) Australia"
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Rochow, Neville Grant. "Evidence, judicial notice and party comment: principles for ascertaining facts which predicate constitutional validity". Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09LM/09lmr781.pdf.
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Abeyratne, Mahawatfege Don Hemantha Niranjan. "Corporate rescues : a comparative study of the law and procedure in Australia, Canada and England". Thesis, Queen Mary, University of London, 1995. http://qmro.qmul.ac.uk/xmlui/handle/123456789/1333.
Testo completoAbstract (sommario):
Corporate insolvency law reform in the mid 80's in the United Kingdom and the early 90's in Canada and Australia resulted in the introduction of new statutory regimes directed specifically towards facilitating the rescue of financially troubled companies or parts of their businesses. The Administration Order Procedure and Company Voluntary Arrangements in the U.K., Business Proposals in Canada and Company Voluntary Arrangements in Australia joined the ranks of Receivership under a Floating Charge, and the little used Statutory Compositions and Schemes of Arrangement. Thus, today it is usual to attempt to rescue or rehabilitate a company prior to subjecting it to a terminal insolvency regime. Since the procedures, in particular the new, seek common goals there is a great degree of similarity amongst them. This thesis begins by tracing the history of the law of corporate rescues and how the various aspects of a rescue developed from the mid nineteenth Century to the present day. It identifies several common aspects of a corporate rescue. Every aspect is conmion to at least two regimes. It then examines, in detail, the manner in which each aspect is dealt with under each procedure. This detailed analysis discloses important differences which, it is submitted, affect the relative success or failure of the procedures. It is examined whether or not each rescue regime addresses every aspect of a rescue efficiently and whether any procedure could benefit from the experiences of the others. In conclusion it is determined whether, in the light of available empirical evidence on the use these rescue procedures in Australia, Canada and England, each regime eventually achieves or has the potential to achieve the objective of a corporate rescue.
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Howieson, Jillian Alice. "Family law dispute resolution : procedural justice and the lawyer-client interaction". University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0109.
Testo completoAbstract (sommario):
While several Australian and international studies have explored the family lawyer-client interaction, these studies have been limited to investigations of discrete areas of the lawyerclient relationship and have been necessarily limited in their methodologies. The present study employed a quantitative empirical methodology in an Australian wide field study of 230 family lawyers and 94 clients that investigated the family lawyer-client interaction from a procedural justice framework. Using multivariate analyses, the study establishes that the Tyler and Blader two-component model of procedural justice applies in the lawyer-client dyad and is influenced by the approach of the lawyer, the emotional response of the client, and the level of co-party conflict that the client is experiencing. Further, the study gives meaning to the terms 'conciliatory and constructive' and 'adversarial' as they apply to family law dispute resolution. The study establishes a construct to measure the conciliatory and adversarial approach of family lawyers and identifies that lawyers tend to incorporate a mixture of the two into their work. The results also identify four distinct behavioural factors that characterise the two approaches: the client-centred and interest-based factors characterise the conciliatory approach; and the lawyer-directed and court-focused factors characterise the adversarial. The study found that in terms of perceptions of fairness, and feelings of satisfaction, the clients preferred the lawyers who took a client-centred and interest-based approach, but in circumstances where the clients were experiencing high-levels of conflict, or fear for the safety of their children, they also appreciated the lawyer who was lawyer-directed and court-focused. Overall, the study shows that in order to create a fair and satisfying dispute resolution service for their clients, family lawyers need to maintain a fine balance of family lawyering behaviour. On a general level, the study provides a profile of Australian family lawyers in terms of their approach to dispute resolution, their attitude towards ADR processes and their favoured negotiation styles. It also profiles family law clients in terms of their emotional adjustment to the divorce and their perceptions of the family lawyers assisting them to resolve their disputes. The study substantially expands the procedural justice theory base and has significant implications for practical family law education, government policy, family lawyering, and the ADR and collaborative law movements. The study indicates where future research could benefit these communities.
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McKerchar, Margaret Anne Australian Taxation Studies Program UNSW. "The impact of complexity upon unintentional noncompliance for Australian personal income taxpayers". Awarded by:University of New South Wales. Australian Taxation Studies Program, 2002. http://handle.unsw.edu.au/1959.4/19253.
Testo completoAbstract (sommario):
This study explores the impact of complexity upon unintentional non-compliance behaviour for personal taxpayers in Australia. This area of research did not appear to have been previously studied in an Australian context and in this respect, the study represents an original contribution. While studies have been conducted both in Australia and overseas, they have generally been directed at other types of compliance behaviour and tend to be inconclusive in their findings. According to the compliance literature, there appeared to be little consensus of opinion on the factors that determined behaviour and appropriate research methods. It emerged that more narrowly-defined studies with stronger research methods offered potential for furthering knowledge in this field. Thus the study focused on one behavioural outcome and one type of taxpayer, using a multi-paradigm research method. Unintentional non-compliance, as an outcome, was selected as it appeared to hold promise for improvements in overall compliance to be readily made, provided its causes were understood. Complexity was considered to be the most likely cause of unintentional non-compliance, and those who prepared their own income tax return, the group likely to be most affected. The study used both a quantitative and qualitative component from which a number of convergent results emerged. These included that the major cause of complexity was the ambiguity of tax laws and the volume of explanatory material required. Further, personal taxpayers were committed to compliance even though they regarded the system as less than fair. Together, complexity and commitment to compliance caused taxpayers to experience unnecessary compliance costs. Where taxpayers completed their own return, complexity resulted in a high level of errors that generally resulted in an overstatement of tax liability. In addition, some taxpayers chose to be over-compliant as a means of dealing with complexity and commitment. It was concluded that complexity compromised the integrity of the Australian income tax system by imposing an unfair burden on personal taxpayers in respect of both tax paid and compliance costs incurred. However, there appeared to be little, if any, financial incentive for the tax authority to address the causes of complexity for personal taxpayers.
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Evans, Christopher Charles Law Faculty of Law UNSW. "The operating costs of taxing the capital gains of individuals : a comparative study of Australia and the UK, with particular reference to the compliance costs of certain tax design features". Awarded by:University of New South Wales. Law, 2003. http://handle.unsw.edu.au/1959.4/20738.
Testo completoAbstract (sommario):
This study investigates the impact of aspects of tax design on the operating costs of the tax system. The thesis focuses on the Australian and UK regimes for taxing the capital gains of individuals. It contends that the compliance burden faced by personal taxpayers and the administrative costs incurred by revenue authorities are directly influenced by the design of the capital gains tax ('CGT') regimes in each country. The study bridges the divide between theoretical analysis of CGT and empirical studies on tax operating costs. It uses a hybrid research design to test a series of hypotheses that emerge from a review of the literature and the experience of the researcher. It combines a technical analysis of the relevant Australian and UK legislative provisions (including an analysis of the policy and other background data that underpins those provisions) with empirical research on the views and experience of practitioners who are responsible for the operation of the legislation in the two countries. The results obtained from this combined methodology indicate that the operating costs of taxing capital gains in Australia and the UK are directly affected by the design of the legislative provisions. Moreover, the study outcomes indicate that operating costs in both countries are high (on a number of comparative measures), have not reduced over time, and are both horizontally and vertically inequitable. The research indicates that the primary factors that cause the high operating costs include the complexity of the legislation and the frequency of legislative change, together with record-keeping and valuation requirements. The thesis identifies specific legislative changes that would address operational cost concerns. These include the phasing out of the 'grandfathering' exemption together with the introduction of an annual exempt amount, and the rationalisation of business concessions in Australia; and the abolition of taper relief and its possible replacement with a 50% exclusion in the UK. More importantly, it seeks a more principled approach to the taxation of capital gains in both countries, and emphasises that legislative change can and should only be enacted with a full and clear understanding of the operating cost implications of that change.
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Pappas, Caroline History Australian Defence Force Academy UNSW. "Law and politics : Australia's war crimes trials in the Pacific, 1943-1961". Awarded by:University of New South Wales - Australian Defence Force Academy. School of History, 1998. http://handle.unsw.edu.au/1959.4/38701.
Testo completoAbstract (sommario):
This dissertation examines the trial of Japanese war crimes conducted by Australia between 1945 and 1951; although the study commences in 1943, when the Government first focussed on the issue, and ends in 1961, when the issue was closed. Beyond providing an overview of the trials the thesis addresses the major criticism of the trials by looking at whether the trails were fair and if they fulfilled Australian aims. This is addressed within the context of the two elements of international law, the political, and the legal, and examined in each of the three sections. The Policy section establishes the political context of the trials by examining the influence of the international community and the Australian Government. Both influenced structure and progress rather than the final application of the law. When Australian attitudes were incongruous with international views, a perception that Australia was harsh and repressive developed even though justice was an important part of the Government???s agenda. A study of legal aspects of the trials commences in the Procedures section. Australia???s legislation and regulations are explained with particular emphasis on the more controversial aspects, and a comparison is made with the war crimes instruments of other Allies trying the Japanese showing many similarities between the regulations used by other nations and Australia???s. Procedures also discusses the framework for the Australian trials, the procedures used to bring a case to trial, the process used in court, the review process and the carrying out of sentences. Such a thorough study of the procedural basis is necessary to evaluate the individual trials. Practical examples of some of the procedural problems are also discussed in the following section ??? Practice. This section reviews a number of trials and the various types of crimes and the claims made in defence to show how Australia applied and interpreted the law. The study finds many similarities between Australia???s application of the law and the practice of other nations, indicating that Australian courts were applying what was considered to be customary expectations of behaviour. Throughout the trials there was little evidence of vindictiveness or revenge, either by Government or in the courts. Both were faced with significant problems, which were not always dealt with well but overall the trials were fair and those involved were concerned that justice should not only be seen to be done, but actually be done.
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Searle, Deane. "Low Intensity Conflict: Contemporary Approaches and Strategic Thinking". The University of Waikato, 2007. http://hdl.handle.net/10289/2591.
Testo completoAbstract (sommario):
Low Intensity Conflict (LIC) is a significant feature of the contemporary world and it is a particular challenge to the armed forces of many states which are involved is such conflict, or are likely to become so. This thesis is not concerned with how such difficult conflict situations arise. Rather it is concerned with how, from the point of view of the state, they may be contained and ultimately brought to a satisfactory resolution. The work is thus concerned with the practicalities of ending LIC. More specifically, the purpose of this research is to establish a framework of doctrinal and military principles applicable to the prevention and resolution of LIC. The principles of this thesis are based in numerous historical examples of LIC and six in depth case studies. These distilled principles are analysed in two central chapters, and are then applied in two latter defence force chapters so as to ensure there practicality and resilience. Numerous defence academics and military practitioners have been consulted in the production of this thesis; their contribution has further reinforced the functionality of the principles examined in this research. The research illustrates the criticality of a holistic approach to LIC. The function of this approach is to guarantee the stability of the sovereign state, by unifying civil, police, intelligence and military services. The effectiveness of the military elements must also be ensured, as military force is central to the suppression of LIC. Consequently, the research makes strategic and operational prescriptions, so as to improve the capability of defence forces that are concerned with preventing or resolving LIC.
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Al, Qudah Mouaid, University of Western Sydney, College of Law and Business e School of Law. "Individual autonomy as a basis of criminal complicity in New South Wales and Jordan : a comparative study". 2005. http://handle.uws.edu.au:8081/1959.7/25453.
Testo completoAbstract (sommario):
This dissertation is a comparative study of the law of criminal complicity in Jordan (a civil law jurisdiction), and in New South Wales (NSW) (a common law jurisdiction). It addresses the basis of criminal culpability of individuals, and explores the extent to which the basis of such culpability rests on the autonomy and autonomous actions (or inactions) of individuals. Ideas of such autonomy have been integral to western ethical, political and legal thinking since the seventeenth century. The analysis in this dissertation raises issues where the criminal law does not adequately take into account the limits on individual autonomy in relation to liberty of action, freedom of choice and effective deliberation. These issues highlight that a more serious and deeper understanding of individual autonomy as a ground of culpability must be taken into account by law-makers, to ensure that the grounds of criminal culpability more adequately reflect the limits on people’s individual autonomy in modern society today.Doctor of Philosophy (PhD)
Libri sul tema "Procedure (Law) Australia"
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Magner, Eilis S. Joske's law and procedure at meetings in Australia. 8a ed. Sydney, NSW: Law Book Co., 1994.
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Magner, Eilis S. Joske's law and procedure at meetings in Australia. 9a ed. Sydney: Lawbook Co., 2001.
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Corns, Chris. Public prosecutions in Australia: Law, policy and practice. Pyrmont, NSW: Thomson Reuters (Professional) Australia Limited, 2014.
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Fairall, P. A. Criminal defences in Australia. 4a ed. Chatswood, NSW: LexisNexis Butterworths, 2005.
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Stephen, Gray. Criminal laws: Northern Territory. Annandale, NSW: Federation Press, 2004.
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Zacharias, Diana. Australian High Court and German Federal Constitutional Court: A comparison with regard to status and procedure. Aachen: Shaker Verlag, 2005.
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Stephen, Odgers, e Yeo Stanley Meng Heong, a cura di. Australian criminal justice. Melbourne: Oxford University Press, 1994.
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Stephen, Odgers, e Yeo Stanley Meng Heong, a cura di. Australian criminal justice. 3a ed. South Melbourne, Vic., Australia: Oxford University Press, 2005.
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Stephen, Odgers, e Yeo Stanley Meng Heong, a cura di. Australian criminal justice. 2a ed. South Melbourne, Vic., Australia: Oxford University Press, 1999.
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C, Hunter Rosemary, e Law and Justice Foundation of New South Wales, a cura di. Enforcing human rights in Australia: An evaluation of the new regime. Annandale, N.S.W: Themis Press, 2010.
Cerca il testo completoCapitoli di libri sul tema "Procedure (Law) Australia"
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Thai, Lang. "Class Action Procedure in Australia – Issues and Challenges". In Ius Gentium: Comparative Perspectives on Law and Justice, 215–36. Cham: Springer International Publishing, 2016. http://dx.doi.org/10.1007/978-3-319-21981-3_11.
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Lindsay, Bruce. "Public Participation in Water Resources Management in Australia: Procedure and Possibilities". In Reforming Water Law and Governance, 171–91. Singapore: Springer Singapore, 2018. http://dx.doi.org/10.1007/978-981-10-8977-0_8.
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Urbas, Gregor. "Substantive and Procedural Legislation in Australia to Combat Webcam-Related Child Sexual Abuse". In Information Technology and Law Series, 135–82. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-288-0_4.
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"Procedure". In Essential Australian Law, 221–40. Routledge-Cavendish, 2000. http://dx.doi.org/10.4324/9781843140450-33.
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Peter, Hanks, e Ciolek Olaf. "Part IV Practice and Process, Ch.23 Techniques of Adjudication". In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0024.
Testo completoAbstract (sommario):
This chapter discusses the original jurisdiction of the High Court of Australia in constitutional matters, how that jurisdiction can be invoked, and the steps by which the High Court can remit all or part of a constitutional matter to a lower court. It examines the procedures and techniques by which the High Court may determine the factual context within which constitutional doctrine is applied to resolve disputes. The chapter also considers the rules developed by the High Court to control the commencement of constitutional litigation and the participation of others in that litigation. The High Court’s appellate jurisdiction in constitutional matters is also studied. Finally, the chapter turns to the forms and styles of advocacy before the High Court, as well as the composition of its bench in constitutional matters.
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Nicholas, Owens. "Part V Separation of Powers, Ch.27 The Judicature". In The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0028.
Testo completoAbstract (sommario):
This chapter analyses the Australian judicature as a whole, as well as the individual courts that comprise it. It begins with a survey of the development of the common law conception of a court. The chapter next identifies four characteristics that have emerged as central to the definition of a court. These are: decisional independence and impartiality, the provision of procedural fairness, the dispensation of justice in open court, and the provision of reasons for decisions. Here, the evolution of the modern conception of a court reveals an apparent paradox from which the modern institution derives its strength, purpose, and identity: a sovereign's courts are independent of that sovereign.
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Dowd, Cate. "Drone journalism and aviation laws, systems, training, and tech trends". In Digital Journalism, Drones, and Automation, 107–29. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780190655860.003.0006.
Testo completoAbstract (sommario):
The professional use of civilian drones involves training in air safety and law set by aviation authorities, like CASA, which modified its laws, licences, and procedures in 2016. By 2019 media producers in countries like the UK, Australia, and the US, had used drones for almost a decade. Amidst the rules and deterrents, there are mixed benefits in using drones for news media. Prior to 2015 drone training in Australia began with PPL (Private Pilot’s Licence) theory, followed by an alternative pathway of a RePL (Remote Pilot’s Licence). The firsthand experiences of PPL training and subsequent training covers many aviation topics, from flight controllers to OzRunway apps. Beyond training, recent tech trends include networks for drones and swarm systems already used in the US and Korea. However, tracking and registration systems are only just emerging in Australia and drones, regarded as disruptive technologies in the UK, are complicated by Brexit.
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Choo, Andrew L.-T. "Defining the Scope of the Hearsay Rule in Criminal Cases: A Comparative Perspective". In Principles, Procedure, and Justice, 15–42. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198850410.003.0002.
Testo completoAbstract (sommario):
This chapter offers, from a comparative perspective, a consideration of possible approaches to defining the scope of the hearsay rule in criminal cases. In The Principles of Criminal Evidence (1989), Adrian Zuckerman called for a more flexible approach to criminal hearsay doctrine than that prevailing in England and Wales at the time. Some three decades later, the major common law jurisdictions retain rules that have the effect, broadly speaking, of presumptively excluding hearsay evidence in criminal cases. There has been considerable judicial and academic focus in recent times on issues associated with the exceptions to such exclusionary rules. This chapter examines a related question that, although fundamental, has attracted far less attention and remains relatively under-explored: what is, and what should be, the precise scope of the rules that presumptively exclude hearsay evidence in criminal cases? It is noted that the decision of the Supreme of Court of Canada in R v Baldree (2013) offers a radically different approach to this question from that taken in the Criminal Justice Act 2003 (England and Wales), the US Federal Rules of Evidence, the Australian uniform evidence legislation, or the Evidence Act 2006 (New Zealand). In the light of a consideration of the approaches taken in various jurisdictions and the implications of these approaches, the chapter concludes that the Canadian approach provides the most sensible basis for possible reform. Some suggestions on the way in which the relevant law in England and Wales might be reformed are also offered.
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"UK Considers Review of Laws of Evidence and Procedure; US Supreme Court Declares Death Penalty Unconstitutional". In Letters to Australia, Volume 6, 176–77. Sydney University Press, 2020. http://dx.doi.org/10.2307/j.ctvx5w93p.74.
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Mostert, Hanri, e Tjakie Naude. "State Protection of Energy Consumers". In Energy Justice and Energy Law, 139–59. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198860754.003.0009.
Testo completoAbstract (sommario):
This chapter scrutinizes the role of the state in ensuring electricity supply and protecting end-consumers along a spectrum of energy market models. On the one end, there are markets dominated by virtual state monopolies, such as the South African example, where supply and consumer protection take on a different shape, compared to those on the other end of the spectrum, where distribution of energy to end-consumers is privatized. The European Union (EU) exemplifies the latter. Analyses of both the Australian and Nigerian models of energy supply and end-consumer protection are included to demonstrate variations within privatized markets, and comment on the role of the state in implementing privatization. Issues of procedural and participatory justice are considered. Social justice issues are raised, furthermore, in that the type of consumer protection in a system is influenced by the degree of affluence of the community and the resilience of the system of governance.
Atti di convegni sul tema "Procedure (Law) Australia"
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Carroll, Francis, e Jan Hayes. "Effective Risk Management for In Service Pipelines: Achieving ALARP by Pressure Management and Slab Protection". In 2018 12th International Pipeline Conference. American Society of Mechanical Engineers, 2018. http://dx.doi.org/10.1115/ipc2018-78170.
Testo completoAbstract (sommario):
In Australia (and the UK), pipeline operating companies have a regulatory obligation to ensure that their assets are designed, constructed, operated and maintained so that risk to people and the environment is as low as reasonably practicable (ALARP). In many routine cases, demonstration that risk is ALARP is a matter of compliance with relevant technical standards. There are some cases, however, that are more complex. If a pipeline has been subject to significant urban encroachment and does not conform to current design standards for this service, how does a pipeline operator decide whether risk controls are sufficient? In Australia, rather than either ‘grandfathering’ requirements or mandating retrospective compliance with new standards, operators are required to ensure pipelines are safe and that risk levels are acceptable. The answer in cases such as this is a matter of judgment and we have legal, moral and reputational responsibilities to get decisions such as this right. There is currently no formal requirement in the US for pipeline risks to be ALARP, although the concept is gradually being introduced to US industry safety law. Examples include US offshore well control rules, California refinery safety regulations and the nuclear sector concept of ‘as low as reasonably achievable’. In this paper, we demonstrate application of the ALARP process to a case study pipeline built in the 1960s that has been heavily encroached by urban development. The Australian risk-based approach required formal ALARP assessment including consideration of options to reduce pressure, relocate or replace the pipeline, or increase the level of physical or procedural protection. Current and predicted operating conditions on this existing pipeline allowed reduction in operating pressure in some of the encroached segments, sufficient to achieve the equivalent of current Australian requirements for ‘No Rupture’ in high consequence areas for new pipelines. In other areas this was not achievable and a lesser degree of pressure reduction was instigated, in combination with physical barrier protection. The physical barrier slabbing comprised over 7 km of 20 mm thick high-density polyethylene (HDPE) slabs, buried above the pipeline. This approach was new in Australia and required field trials to confirm effectiveness against tiger tooth excavators and rotary augers. These upgrades to the case study pipeline have significantly decreased the risk of pipeline failure, by reducing both likelihood and consequences of accidental impact. In combination with rigorous procedural controls such as patrol surveillance and community liaison, real risk reduction has been achieved and ALARP has been demonstrated.
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Barbaro, Frank, e Leigh Fletcher. "Undermatching and Low Strain In-Service Failures in X70 Line Pipe: Contributions From Standards, Specifications and Coating". In 2020 13th International Pipeline Conference. American Society of Mechanical Engineers, 2020. http://dx.doi.org/10.1115/ipc2020-9241.
Testo completoAbstract (sommario):
Abstract Some 10 incidents of low strain in-service and pre-service hydrotest failures in girth welds have been reported in North America since the Enterprise Products ethane pipeline failure in 2015. No such failures have been reported in Australia, despite the similarities in Standards, the line pipe data, and the use of manual SMAW using fully cellulosic procedures. There are however significant differences that warrant further investigation and adoption in terms of best practice to ensure the security and safety of our pipeline networks. Some unique differences and observations in terms of pipe properties, weld qualification procedures, test methods and even full scale pressure burst tests before and after coating are described to highlight subtle differences in the standards that may provide clarity in explaining pipeline girth weld failures and it is anticipated may also provide guidance for the future.
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Yao, Jianfeng, Xiang Li, Kai Zhao e Hui Zhang. "Full-Waveform Inversion and Least-Squares Migration to Improve Images in Northern Carnarvon Basin". In International Petroleum Technology Conference. IPTC, 2021. http://dx.doi.org/10.2523/iptc-21292-ms.
Testo completoAbstract (sommario):
Abstract Northern Carnarvon Basin is located in North West Shelf of Western Australia. The basin has over 10km sediments and owns both oil-prone and gas-prone sediments and is the current largest oil and gas producing basin in Australia. A geological section through this basin is shown in Figure 1, the complex geological settings from shallow to deep leads to significant processing challenges. In the vintage processing, the seismic image at reservoir level is deteriorated due to the presence of following geological complexities: 1) rugose water bottom, 2) shallow frequent canyons or channel systems, 3) shallow spatial-variant Tertiary carbonates, and 4) shallow gas chimneys and other geo-bodies. These complex overburdens plus limited small-angle coverage of primary reflections from narrow azimuth (NAZ) streamer surveys make it very difficult for ray-based reflection tomography to resolve the shallow velocity. As a result, the target image suffers from large well mis-ties, low signal-to-noise ratio (S/N) and severe event undulations. In addition, shallow fast-velocity layers cause severe illumination issues for deep targets which are compounded by limited offsets of NAZ surveys. Furthermore, localised absorption effects from gas pockets lead to dimming amplitudes for events beneath them. To deal with these issues, we propose to use time-lag full wave-form inversion (TLFWI) to resolve the velocity of complex overburdens and least-squares Q prestack depth migration (LS Q-PSDM) to compensate for illumination issues and absorption effects for the latest reprocessing. In the following sections, application procedure and results of these two technologies will be discussed. Seismic inversion was also conducted to assist the processing and analysis of the final result.
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Beres, Wieslaw, Donald Fread, Lesley Harris, Philip Haupt, Joanna Kappas, Roger Olson, Philip Reineke, Sandi Robertson e Gordon Stocks. "Critical Components Life Update for Gas Turbine Engines: Case Study of an International Collaboration". In ASME Turbo Expo 2008: Power for Land, Sea, and Air. ASMEDC, 2008. http://dx.doi.org/10.1115/gt2008-50655.
Testo completoAbstract (sommario):
The paper describes results of the international collaboration that led to revision of the declared lives for critical components of a turbo-prop gas turbine engine. Four nations contributed to the program—Australia, Canada, USA and South Africa under the auspices of a Component Improvement Program led by the Original Equipment Manufacturer (OEM). This international collaboration was initiated as a result of the decrease in the declared life for some critical components of this engine by the OEM. The core of the program consisted of a detailed stress analysis performed in South Africa, and spin rig testing of selected life-limited, rotating turbine components—two stages of discs and two stages of spacers—performed in Australia and Canada. The general objectives of the program were to provide more accurate low cycle fatigue crack initiation data and to verify crack growth life analysis techniques using advanced 2D and 3D finite element analyses and spin rig testing for selected components. The crack initiation results are used to improve the life management procedures. Since the OEM does not recommend using life limits that exceed the safe crack initiation life of the rotating turbine components, the crack growth analysis results are used only for risk assessment and risk management by the engine operators. The basis of analytical techniques used for preparing the tests as well as the testing procedures are described. In addition, the development of NDE (Non Destructive Evaluation) methods and the inspections of these components during and after the tests are discussed. The economical benefits of such an international collaboration are demonstrated. The uniqueness of this approach to life revision of critical components of gas turbine engines, particularly for engines that have been in operation for many years, includes close cooperation of an international team of the engine manufacturer, the major engine users and their respective scientific organizations. In addition, a significant amount of operational experience that has been accumulated by the OEM, has allowed for verification of the spin rig test results.
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Bhargav, Kiran, e Senthilkumar Durairaj. "Beachpull Installation of Long Pipelines and Cables". In ASME 2012 31st International Conference on Ocean, Offshore and Arctic Engineering. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/omae2012-83059.
Testo completoAbstract (sommario):
Conventional pipelay (i.e. S-lay) is not feasible in shallow water locations owing to the draft of pipelay barges. Pipelay using beachpull method provides an alternative to such restrictions. A typical long beachpull operation in shallow water environment presents a substantial challenge, which calls for a thorough engineering analysis along with a detailed installation procedure. This paper highlights the methods and techniques of pipelay using beachpull method that were employed on the John Brookes joint venture (Apache and Santos) and the Aramco Karan project. The John Brookes project (Varanus Island, Australia) included the installation of a landfall section comprising an 18” FBE coated pipeline featuring a beachpull length of 7.0 km, one of the longest of its kind. The Karan project (Saudi Arabia) comprised the installation of a 38” trunkline, requiring a beachpull length of 3.0 km and also the installation of a 15kV cable having a beachpull length of 4.0 km. Beachpull engineering comprised checking the pipeline’s lateral stability under the influence of near-shore current-induced hydrodynamic forces. For the Apache Project, the 7.0 km long beachpull coupled with the proximity to the existing pipeline and near-shore currents offered a unique challenge. Supplementary buoyancy was utilized to limit the required beachpull tension within allowable limits. The drifting of the pipeline from the installation corridor was restricted by installing sand-filled bulker bags at designed intervals. The beachpull installation on the Karan project offered a different challenge owing to a larger pipe size and a piggybacked cable in a shallow water depth. Special consideration was given to the attachment of supplementary buoyancy bags and dynamic loadings that were acting throughout the beachpull length, especially during cable installation. This paper describes the technical challenges faced during the estimation of the pull-in loads and weather-induced lateral displacements encountered during the beachpull. This paper also elaborates the assessment of proposed winch, design of supplementary buoyancy, design of bulker bags, etc. Data collected on-site during installation of the pipelines are in good agreement with computed / designed values, ensuring the correctness of the beachpull simulations. Detailed engineering studies along with well developed installation procedures resulted in successful completion of the installation.
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Seidl, S. "SCREENING PROCEDURES TO PREVENT TRANSMISSION OF HEPATITIS B, NON-A,NON-B, AND AIDS BY BLOOD TRANSFUSION". In XIth International Congress on Thrombosis and Haemostasis. Schattauer GmbH, 1987. http://dx.doi.org/10.1055/s-0038-1644753.
Testo completoAbstract (sommario):
Although the number of infectious agents capable of being transmitted through blood and blood products is vast, only a few cause problems in recipients of a magnitude which warrants the need for screening tests. The most important agents are Hepatitis B Virus (HBV), Hepatitis non-A,non-B (HNANB) - agents causing posttransfusion hepatitis (PTH) and the human immundeficiency viruses (HIV) responsible for transfusion associated AIDS (TAA).PTH: Prospective studies in open-heart-surgery patients demonstrated a high prevalence (8-17%) *in Spain, Italy, the United States and Israel whereas low percentages (2-5%) were observed in Australia, Finland and West-Germany. Among haemophiliacs acute and chronic hepatitis is a rather frequent complication. Serologic markers of HBV infection have been observed in the majority of patients. Since HBsAg screening has been introduced most cases of PTH (>90%) are due to infection with HNANB-agents. For this type of hepatitis no specific assay exists. It has been suggested that surrogate tests (ALT, anti-HBc screening) might serve as interim screening measure. In prospective studies in the USA a correlation has been observed between donor ALT and recipient hepatitis, but not more than 30% of PTH can be prevented at a loss of 1,5 to 3,0% of the donor population. Similar data have been reported when blood donors were screened for anti-HBc. There was a significantly higher incidence of PTH in recipients receiving at least one unit of anti HBc positive blood. This was recently confirmed in a study in which patients received blood with ALT-levels below 30 IU/ml. The incidence of HNANB was 2,1% after transfusion with anti HBc negative blood whereas 10,1% developed HNANB when anti HB positive blood was transfused (P=< 0.0001). However, these two markers (ALT, anti HBc) do not identify the same NANB carrier population. - ALT screening and testing for anti-HBc have been recently instituted in the USA as “surrogate tests” for detecting HNANB carriers.TAA: Among the total number of AIDS cases there ist a small percentage caused by transfusion of blood and blood products. In the USA approximately 2% of TAA have been reported, 1 % of AIDS patients are haemophiliacs but the majority of haemophiliacs are HIV-antibody positive. According to a survey of the Council of Europe (March 1986) the percentages of HIV positive European haemophiliacs varies between 4 to 8% (Belgium, Norway) and 30 to 60% in other European countries. The number of TAA-cases is around 1%, AIDS among European haemophiliacs has been observed up to 5% of the total AIDS cases. - Screening for HIV antibodies in blood donors was introduced in most European countries and the USA in early summer 1985, but several thousands of recipients of HIV positive blood (issued before) are now virus carriers. This has been confirmed in “look back” programmes: A substantial number of recipient (50 to 90%) has been found to be HIV positive.-A major disadvantage of the HIV antibody test is the fact that antibodies appear several weeks after infection. The gap between infection and detecting HIV antibodies may be reduced by an antigen test, which recognizes the HIV infection as early as two weeks after infection. - The recent detection of HIV 2 implies the necessity of developing tests for the identification of variants of HIV.
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Brown, I. H., W. L. Costin, F. Barbaro e R. Ghomashchi. "Application of SEM-EBSD for Measurement of Plastic Strain Fields Associated With Weld Metal Hydrogen Assisted Cold Cracking". In 2012 9th International Pipeline Conference. American Society of Mechanical Engineers, 2012. http://dx.doi.org/10.1115/ipc2012-90388.
Testo completoAbstract (sommario):
The requirement for more efficient use of materials for pipelines has lead to the application of high strength low alloy steels such as X70 and X80 in pipelines. As the strength of these alloys has increased so has the risk of hydrogen assisted cold cracking (HACC). In Australia to minimize construction time, the root runs of girth welds are produced by shielded metal arc welding using cellulosic electrodes without either pre or post heating. Well defined welding criteria have been developed and are incorporated into the weld procedures for the elimination of HACC in the heat affected zone but the risk of cracking to the weld metal is still of concern. It has been reported that plastic deformation occurs prior to the formation of hydrogen cracks in weld metal. Therefore the evaluation of plastic strains at the micro- and nano-scale and their relationship to the weld metal microstructure could be of great significance in assessing the susceptibility of welds to weld metal hydrogen assisted cold cracking (WMHACC). A method for analysing plastic strains on the micro- and nano-scales using electron backscattered diffraction (EBSD) has been developed. This technique is based on the degradation and rotation of diffraction patterns as a result of crystallographic lattice distortion resulting from plastic deformation. The analysis can be automated to produce an Image Quality (IQ) map in order to relate the spatial distribution of plastic deformation to microstructural features e.g. grains or cracks. The development and assessment of techniques using Scanning Electron Microscopy (SEM) and EBSD for the determination of local plastic strain distribution in E8010 weld metal used for the root pass of X70 pipeline girth welds is discussed.