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Artykuły w czasopismach na temat "Australian Court system"

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Johnston, Jane. "Court on Camera: Television Coverage of Australian Legal Proceedings". Media International Australia 100, nr 1 (sierpień 2001): 115–27. http://dx.doi.org/10.1177/1329878x0110000112.

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Despite widespread legal analysis and critical review over the past 20 years, television access into the Australian court system has been slow and piecemeal, with Australia falling behind Canadian and New Zealand initiatives in this area. A recent major report into camera access in the Federal Court has refocused attention on this area, but analysis continues to be primarily from a legal perspective rather than a media one. This paper considers the televised court coverage in Australia to this point, analyses change in the international environment and suggests possible futures for the televising of Australian courts, while also attempting to lay some foundations for discussion beyond the legal, and into the media, domain.
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May, Lauren, i Mark Burdon. "Information Protection Management Structures in Australian E-courts". Journal of Theoretical and Applied Electronic Commerce Research 1, nr 3 (1.12.2006): 58–67. http://dx.doi.org/10.3390/jtaer1030022.

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This issues paper is concerned with ensuring the integrity of Australia’s e-court processes through the development of information protection standards and protocols. The integrity of the court process is important to the national interest because businesses and citizens depend on the certainty of court decisions, naturally assuming that their information and privacy is protected. This paper is a catalyst for future research leading to the creation of an information protection framework, including policies and standards enabling courts to define the use of courtroom technologies, thus ensuring that their design and application is grounded within established information protection principles. Without substantiation of the quality of technological structures and processes used by e-courts, the system of certainty upon which the courts and law are based has the potential to become inherently uncertain.
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Hughes, Julie. "Becoming me: How transgender teens navigate the Family Court System". Alternative Law Journal 42, nr 4 (27.11.2017): 261–66. http://dx.doi.org/10.1177/1037969x17733156.

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Transgender minors are among the most vulnerable, discriminated against and disenfranchised of adolescents, and Australian law imposes a heavy yoke should they wish to begin treatment for gender dysphoria. Even with the full support of health professionals and parents, Australia takes the unique worldwide stance of requiring court approval. A way must be made to spare transgender teenagers from this fearsome, embarrassing and expensive court process. Informed consideration is important, but a multi-disciplinary tribunal could offer this, while minimising the stress and expense. This article begins and ends with Arnold’s story – a snapshot of a transgender teen, facing the Family Court and wanting to ‘become me’.
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Stevens, Tracey, i George Williams. "A Supreme Court for the United Kingdom? A view from the High Court of Australia". Legal Studies 24, nr 1-2 (marzec 2004): 188–209. http://dx.doi.org/10.1111/j.1748-121x.2004.tb00247.x.

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The High Court created by Australia's 1901 Constitution first sat on 6 October 1903. A century on, it is an apt time to consider how the record of the Court can contribute a different perspective to the debate over a possible Supreme Court for the United Kingdom. Of course, it cannot be assumed that common views are held of this record. Indeed, the role of the High Court and its place in the Australian political system remains hotly contested.
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Henning, Terese. "Ameliorating vulnerability arising from involvement with criminal courts". Journal of Criminological Research, Policy and Practice 2, nr 3 (19.09.2016): 185–95. http://dx.doi.org/10.1108/jcrpp-10-2015-0046.

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Purpose The purpose of this paper is to provide an overview of major mechanisms instituted in Australia to ameliorate the experience of vulnerability arising as a corollary of involvement in Australian criminal courts as defendants, victims or witnesses of crime or family members/friends of such people. Design/methodology/approach The paper begins by providing an overview of two major categories of vulnerability within the criminal justice system – generally experienced vulnerability arising as a corollary of involvement in Australian criminal courts and attribute-based vulnerability. It focusses on the former locating it within a human rights framework. It then outlines dominant responses to this form of vulnerability. Finally it considers the potential for the Court Network program to achieve a more integrated approach to ameliorating this form of vulnerability. Findings The paper takes the view that major responses to systemic vulnerability in the criminal justice system fall short of adequately managing this form of vulnerability. It suggests that the Court Network model has the potential to address some lacunae in other responses and importantly to provide a gateway to them. Originality/value It explores an aspect of vulnerability that is now infrequently addressed and considers one option to supply lacunae in other major responses that has not yet been brought into the scholarly discussion in any significant way.
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McEniery, Ben. "Physicality in Australian Patent Law". Deakin Law Review 16, nr 2 (1.12.2011): 461. http://dx.doi.org/10.21153/dlr2011vol16no2art110.

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It is generally understood that the patent system exists to encourage the conception and disclosure of new and useful inventions embodied in machines and other physical devices, along with new methods that physically transform matter from one state to another. What is not well understood is whether, and to what extent, the patent system is to encourage and protect the conception and disclosure of inventions that are non-physical methods — namely those that do not result in a physical transformation of matter. This issue was considered in Grant v Commissioner of Patents. In that case the Full Court of the Federal Court of Australia held that an invention must involve a physical effect or transformation to be patentable subject matter. In doing so, it introduced a physicality requirement into Australian law. What this article seeks to establish is whether the court’s decision is consistent with the case law on point. It does so by examining the key common law cases that followed the High Court’s watershed decision in National Research Development Corporation v Commissioner of Patents, the undisputed authoritative statement of principle in regard to the patentable subject matter standard in Australia. This is done with a view to determining whether there is anything in those cases that supports the view that the Australian patentable subject matter test contains a physicality requirement.
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Sarmiento, Eliana, Kate Seear i Suzanne Fraser. "Enacting Alcohol and Other Drug (Testing)-Related Harms in an Australian Drug Court". Contemporary Drug Problems 46, nr 3 (wrzesień 2019): 282–303. http://dx.doi.org/10.1177/0091450919865299.

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Alcohol and other drug testing is used in a range of environments including workplaces, schools, sporting tournaments, substance treatment and criminal justice system settings. It is also the cornerstone of the drug court model. Despite its centrality, it has received little scholarly attention. In this article, we address this gap through a study of how the drug-testing regime unfolds at one Australian drug court. Based on ethnographic observation, qualitative interviews with drug court participants, and analysis of drug court documents, this article examines how participants experience drug testing. Drawing on Carol Bacchi’s poststructuralist policy analysis framework, we examine how the “problem” of substance “dependence” is conceptualized in one drug court’s approach to drug testing, and we consider some of the effects of the policy. We argue that the everyday and seemingly mundane ritual of urination becomes a core technique for the governance of drug court subjects and note that the testing regime is onerous, regimented, and invasive. We also trace some of the effects of this policy and its implementation for participants. We suggest that the urine-testing regimen might operate counterproductively, intensifying participants’ involvement with the criminal justice system. Its reliance on an abstinence model may heighten exposure to substance-related harms and segregate drug court participants from the “rest of society,” inhibiting other aspects of their lives, including their relationships and employment prospects. Overall, we argue that these effects are at odds with the stated purposes of the drug court. We conclude with some reflections on claims about the therapeutic value and potential of drug courts and suggest opportunities for reform.
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Gray, Anthony. "Discriminatory Taxation in Light of Fortescue: Its Implications for the Development of Northern Australia". Federal Law Review 42, nr 1 (marzec 2014): 1–23. http://dx.doi.org/10.22145/flr.42.1.3.

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In the recent Fortescue decision, the High Court made some interesting observations regarding interpretation of the word ‘discrimination’ in the context of the Federal Government's power with respect to taxation in s 51(2) of the Australian Constitution. Coincidentally, the Federal Government has commenced consideration of options for the development of northern regions of Australia. Of course, one option would be to introduce a variable taxation system to encourage businesses and individuals to be based, and/or invest, in northern Australia. This article considers possible constitutional issues associated with variable taxation schemes overtly favouring businesses and individuals based in the ‘north’, given the recent High Court decision.
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Fraser JA, Hugh B. "2017 WA Lee Lecture: The Australian Law of Contractual Penalties". QUT Law Review 18, nr 2 (25.01.2019): 111. http://dx.doi.org/10.5204/qutlr.v18i2.763.

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In 2005, in Ringrow Pty Ltd v BP Australia Pty Ltd,[1] the High Court (Gleeson CJ, Gummow, Kirby, Hayne, Callinan and Heydon JJ) observed that Lord Dunedin’s formulation in Dunlop Pneumatic Tyre Co Ltd v New Garage & Motor Co Ltd,[2] of the principles governing the identification, proof and consequences of penalties in contractual stipulations had endured for 90 years and had been applied countless times in the High Court and other courts. (The Court cited, as examples, O’Dea v Allstates Leasing System (WA) Pty Ltd,[3] Acron Pacific Ltd v Offshore Oil NL,[4] AMEV-UDC Finance Ltd v Austin,[5] Stern v McArthur,[6] and Esanda Finance Corporation Ltd v Plessnig.[7]) The Court proceeded on the basis that Dunlop continued to express the law applicable in Australia, leaving any more substantial reconsideration for a future case where reconsideration or reformulation might be in issue. [1] (2005) 224 CLR 656 [12]. [2] [1915] AC 79, 86–8. [3] (1983) 152 CLR 359, 368, 378, 399, 400. [4] (1985) 157 CLR 514, 520. [5] (1986) 162 CLR 170, 190. [6] (1988) 165 CLR 489, 540. [7] (1989) 166 CLR 131, 139, 143, 145.
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Newhouse, George, Daniel Ghezelbash i Alison Whittaker. "The Experience of Aboriginal and Torres Strait Islander Participants in Australia’s Coronial Inquest System: Reflections from the Front Line". International Journal for Crime, Justice and Social Democracy 9, nr 4 (26.11.2020): 76–89. http://dx.doi.org/10.5204/ijcjsd.1691.

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This article explains the way that Australian coroners’ courts often fail Aboriginal and Torres Strait Islander peoples. We discuss the gap between the expectations of families of the deceased and the realities of the process of the coroner’s court. The discussion is illustrated with reference to real-life examples, drawn from the authors’ experiences representing the families of the deceased.
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Rozprawy doktorskie na temat "Australian Court system"

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Johnston, Jane Louise, i n/a. "Communicating Courts: an Analysis of the Changing Interface Between the Courts and the Media". Griffith University. School of Arts, Media and Culture, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20050822.142709.

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This research investigates the changing relationship between the courts and the news media in Australia. While providing a broad historical context for this relationship, it focuses specifically on the past decade and the significant changes in communications practice within many Australian court jurisdictions. The study critically examines the role of public information officers (PIOs) in the Australian court system from 1993. It also investigates debates around experimentation with television cameras in Australian courts. It further critically examines other initiatives, undertaken by the courts through the PIO, including the development of court-media liaison committees, judgment summaries, websites and standardised request forms. This investigation brings together a range of perspectives about the court-media relationship. The findings are based on responses from 32 semi-structured interviews, conducted across seven jurisdictions in Australia over 28 months. Those interviewed include judges, PIOs, television reporters, news directors and newspaper reporters. The findings show overwhelming support for the role of PIO in facilitating access, improving communication, fostering a better understanding between the courts and the media and enhancing accuracy in court reportage. They indicate that those jurisdictions with PIOs in office are better at meeting the needs of the news media than the single jurisdiction that does not employ a PIO. In contrast, the issue of television camera access to courts has been marked by inconsistencies across the different groups of respondents. While the courts have generally been proactive in this area, news directors are ambivalent, even dismissive, about advancing moves. Progress has been slow, to the point of stalling in this area. This research is positioned within a field described as 'under-researched' and 'incompletely theorized'. It deals with uncharted research territory, particularly in the analysis of how the news media perceive their own role in the court-media interface. In delving into how the courts and media intersect, it forces an analysis of open justice and investigates the practice, policy, theoretical and philosophical assumptions and traditions of this relationship. Central to any relationship with the media is the source-reporter connection and this is analysed in the context of courts. It is argued that, consistent with the relatively low-level of analysis into the courts-media interface in general, sources on the court round have been inconsistent and disparate, reinforcing problems and irregularities for reporters on the round. Theories of sources as bureaucratic channels of information and primary definers of news provide a theoretical position for the emergence of the PIO. Critical elements that underpin the research are the importance of the media as presenting the courts to the wider community, through open justice, as well as the news media's role as the Fourth Estate in monitoring all aspects of society, including the judiciary and the courts. While the courts and the media must work together, they must also remain separate if the are to function effectively within a democracy. The investigation concludes that they should have 'separate but interlocking functions' in the public sphere. The research is framed around ideas of courts as part of the public sphere. It argues that developments aimed at enhancing communication between courts and the media have also improved the position of courts within that sphere. The intersections are viewed through concepts of ideal speech, communicative action and shared lifeworld. Individually and collectively, these provide a solid 'best practice' approach to how courts and the media can work together. These ideas are shown as a cycle of communication, represented as a communication model between courts, media and the public. Whilst originating from the work of Jurgen Habermas, these ideas have evolved to include a variety of perspectives and have, in this thesis, been employed to provide the theoretical framework for an analysis of the changing court-media interface.
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Johnston, Jane. "Communicating Courts: an Analysis of the Changing Interface Between the Courts and the Media". Thesis, Griffith University, 2005. http://hdl.handle.net/10072/367566.

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This research investigates the changing relationship between the courts and the news media in Australia. While providing a broad historical context for this relationship, it focuses specifically on the past decade and the significant changes in communications practice within many Australian court jurisdictions. The study critically examines the role of public information officers (PIOs) in the Australian court system from 1993. It also investigates debates around experimentation with television cameras in Australian courts. It further critically examines other initiatives, undertaken by the courts through the PIO, including the development of court-media liaison committees, judgment summaries, websites and standardised request forms. This investigation brings together a range of perspectives about the court-media relationship. The findings are based on responses from 32 semi-structured interviews, conducted across seven jurisdictions in Australia over 28 months. Those interviewed include judges, PIOs, television reporters, news directors and newspaper reporters. The findings show overwhelming support for the role of PIO in facilitating access, improving communication, fostering a better understanding between the courts and the media and enhancing accuracy in court reportage. They indicate that those jurisdictions with PIOs in office are better at meeting the needs of the news media than the single jurisdiction that does not employ a PIO. In contrast, the issue of television camera access to courts has been marked by inconsistencies across the different groups of respondents. While the courts have generally been proactive in this area, news directors are ambivalent, even dismissive, about advancing moves. Progress has been slow, to the point of stalling in this area. This research is positioned within a field described as 'under-researched' and 'incompletely theorized'. It deals with uncharted research territory, particularly in the analysis of how the news media perceive their own role in the court-media interface. In delving into how the courts and media intersect, it forces an analysis of open justice and investigates the practice, policy, theoretical and philosophical assumptions and traditions of this relationship. Central to any relationship with the media is the source-reporter connection and this is analysed in the context of courts. It is argued that, consistent with the relatively low-level of analysis into the courts-media interface in general, sources on the court round have been inconsistent and disparate, reinforcing problems and irregularities for reporters on the round. Theories of sources as bureaucratic channels of information and primary definers of news provide a theoretical position for the emergence of the PIO. Critical elements that underpin the research are the importance of the media as presenting the courts to the wider community, through open justice, as well as the news media's role as the Fourth Estate in monitoring all aspects of society, including the judiciary and the courts. While the courts and the media must work together, they must also remain separate if the are to function effectively within a democracy. The investigation concludes that they should have 'separate but interlocking functions' in the public sphere. The research is framed around ideas of courts as part of the public sphere. It argues that developments aimed at enhancing communication between courts and the media have also improved the position of courts within that sphere. The intersections are viewed through concepts of ideal speech, communicative action and shared lifeworld. Individually and collectively, these provide a solid 'best practice' approach to how courts and the media can work together. These ideas are shown as a cycle of communication, represented as a communication model between courts, media and the public. Whilst originating from the work of Jurgen Habermas, these ideas have evolved to include a variety of perspectives and have, in this thesis, been employed to provide the theoretical framework for an analysis of the changing court-media interface.
Thesis (PhD Doctorate)
Doctor of Philosophy (PhD)
School of Arts, Media and Culture
Full Text
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Vsindilok, Natacha. "A comparison of the case flow management and case tracking systems of the Central Adminstrative Court of Thailand with those of the Federal Court of Australia, with reference to practice in the USA". Access electronically, 2004. http://www.library.uow.edu.au/adt-NWU/public/adt-NWU20060509.100729/index.html.

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Hawes, Janelle M. "An examination of fathers' satisfaction with the legal system: Exploring the concept in relation to fathers' experience with the Family Law Court of Western Australia". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2004. https://ro.ecu.edu.au/theses/822.

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Although the importance of fathers' post divorce contact with their children has been linked with a better outcome for the children and is valued by society, studies in the United States and Australia have suggested that up to 30 percent of fathers do not maintain regular contact with their children post divorce. To date, the literature has focused mainly on demographic variables and some personal characteristics of the father. An area, which has been neglected, is the influence of fathers' perception of legal proceedings and rules on their contact with their children post divorce. This study aimed to explore the underlying concepts of satisfaction and examine fathers' perception of satisfaction in relation to their experience with the Family Court of Western Australia. This was done by utilising qualitative research methodology. Twenty·four fathers were interviewed using an interview schedule adapted from Tyler (1988). Results from the present study indicated that fathers' satisfaction was primarily influenced by a favourable outcome in relation to contact with their children. Factors found to result in dissatisfaction included fathers’ feelings that their father role had been eroded, a perceived bias by the family law system in favour of the mother, and a lack of legal assistance and limited availability of legal personnel. In order to clarify a number of issues, a subset often fathers from the original sample were re-interviewed. Further analysis confirmed that fathers' unresolved issues in relation to their separation; strong emotions including anger and distress during the court process; and unrealistic expectations in relation to contact with their children, made dissatisfaction with the legal system, and in particular court outcomes, more likely. This research suggests that early intervention for fathers is needed to allow them to address any unresolved issues surrounding their separation, and the emotions such as anger and grief that often follow separation. Services, which provide legal assistance and direction prior to entering and during legal proceedings, also appear to be necessary.
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White, Benjamin P. "Consultation, commissions and context : a comparative study of the Law Commission and the Australian Law Reform Commission". Thesis, University of Oxford, 2005. https://eprints.qut.edu.au/17521/1/c17521.pdf.

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This thesis compares the consultation conducted by the Law Commission ('LC') and the Australian Law Reform Commission ('ALRC'). Its first goal is to describe the process in detail, which begins with the purposes of consultation. Next, the process of consultation is described with a discussion of each of the techniques employed by the Commissions. Although there is much overlap in how the LC and the ALRC consult, they do approach the exercise differently and these differences are discussed. The description of the Commissions' consultation concludes by examining its impact -- A second goal is to compare the two Commissions' approach to consultation and this comparison is aided by the development of two models: the English Commission's expert model of consultation and the Australian Commission's more inclusive model. Underpinning the comparison between the two Commissions and these different models is the intended target of the consultation exercise. It is argued that the LC's decisions are motivated by the goal of securing expertise, more than is the case at the ALRC. By contrast, the Australian Commission is influenced more than is its English counterpart by a desire to include as many consultees as possible. An important part of this comparative study is to explain why the two Commissions consult differently. The most significant reasons are the history of two Commissions, especially the role of the founding Chairmen, and the types of projects that the Commissions undertake -- A third goal, albeit only a tentative one, is to suggest ways in which the Commissions could improve their consultation. These comments are scattered throughout the thesis, but one theme that emerged was that there seems to be insufficient thought given to a number of important stages in the consultation process.
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(14011126), Gayle B. S. Fox. "Modelling District Court decision-making: Offender identity, judicial attitudes and legal factors". Thesis, 2005. https://figshare.com/articles/thesis/Modelling_District_Court_decision-making_Offender_identity_judicial_attitudes_and_legal_factors/21398823.

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The guiding orientation of the present research was whether two conflicting positions, (1) that sentencing in a criminal case is a complex decision-making process, and (2) that sentencing is a judgment based upon few offence and/or offender details, could be reconciled. The competing claims lend support to the opposing viewpoints on sentencing guidelines, and are explicitly or implicitly utilised by each side in the law and order' debate, but each is deficient in current empirical or theoretical investigation. Archival research was undertaken on assault occasioning bodily harm cases from the Queensland District Court. Study 1 (N = 244) investigated the correlations between 27 offence, offender, victim and sentencer characteristics (e.g., use of a weapon in the assault, offender's prior convictions, victim's gender and sentencer's expertise), five theorised preliminary decisions (e.g., whether to impose a tariff versus individualised penalty, to set a utilitarian versus retributive punishment), and five sentencing decisions (e.g., to record or not record a conviction, to impose a lenient or a harsh penalty). Results favoured the conclusion that sentencing is a complex decision-making process. Numerous correlations between the variables were initially indicated, although the effects on the sentencing decisions decreased when the offence seriousness and the offender's prior criminal history were controlled for. Guided by the results from Study 1, five increasingly complex legal and theoretical models were developed. The models were arranged hierarchically, initially including only legal variables and then expanded to incorporate concepts from Schubert's (1965;1974) Attitudinal Model of Supreme Court decision-making, and from Heise's (1988) Affect Control Theory. These were evaluated in Study 2 (N=393) using structural equation modelling. Model comparisons revealed that while the Simple Legal Model, (the first model presented including the harm caused by the offence, the offender's prior criminal history, and prescribed aggravating features of the attack) explained almost half of the variance in the sentencing decision, the model offered a poor fit to the data. While each of the three succeeding models improved the model fit, it was the fifth model, incorporating legal variables, preliminary decisions, attitudes, and particularly the sentencer's evaluation of the `character' of the offender, which best represented the data, without sacrificing parsimony, in addition to accounting for almost two-thirds of the variance in the sentencing decision (65.3%). It was concluded that sentencing is a complex decision-making process, and that the judgment is based upon few offence and/or offender details. Firstly, a relatively small number of offence and offender characteristics accounted for the greater part of the variance in the sentencing decision. Judges however, appeared to organise the information provided in order to make assessments about the offender, in the manner predicted by Affect Control Theory. The overall result therefore, supported the complex decision-making process subscribed to by judges. Limitations of the research and the implications of these results for the main players in the process, the inclusion of psychological theory in the courtroom, and the community's understanding of the system, are discussed.

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Mavec, Dante. "The appropriate place of Indigenous sentencing courts in the Australian criminal justice system". Thesis, 2008. http://hdl.handle.net/1885/144125.

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Stellios, James Stephen. "Divergence and convergence in the federal judicial system". Phd thesis, 2012. http://hdl.handle.net/1885/148237.

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This thesis ties together my previously published work on Chapter III of the Constitution, and seeks to place that work within a broader constitutional context. It seeks to explain that Ch III principles have developed along two pathways: the first views Ch III as primarily setting out part of the federal architecture of the constitutional system; the second sees Ch III as primarily prescribing a constitutional relationship between the federal body politic and the individual, whereby the state is limited in the exercise of its power to protect the interests of the individual. The thesis then plots these divergent pathways alongside other areas of constitutional law to show: first, that the rights protective view of Ch III has broadly followed the same trajectory as other rights protective constitutional provisions and implications; and, secondly, that the federal aspects of Ch III have been developed in a way that produces a highly centralised and integrated picture of Australian federalism with close similarities to the way in which other federal constitutional controversies have played out. As part of this exercise in reinvigorating the federal dimensions of Ch III, it will also be seen that key Ch III provisions can take on very different complexions if seen through a federal lens, rather than a rights protecting framework. -- provided by Candidate.
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Książki na temat "Australian Court system"

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Australian Judicial System Advisory Committee. Australian Judicial System Advisory Committee: Report. [Canberra: Constitutional Commission], 1987.

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Australian courts of law. Wyd. 3. Melbourne: Oxford University Press, 1993.

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Crawford, James. Australian courts of law. Wyd. 4. Melbourne: Oxford University Press, 2004.

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Mack, Kathy. Court referral to ADR: Criteria and research. Melbourne, VIC, Australia: Australian Institute of Judicial Administration, 2003.

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Harris, Mark. "A sentencing conversation": Evaluation of the Koori courts : pilot program : October 2002 - October 2004. Melbourne: Dept of Justice, 2006.

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Criminology, Australian Institute of, red. Responding to substance abuse and offending in indigenous communities: Review of diversion programs. Canberra, ACT: Australian Institute of Criminology, 2008.

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Cheryl, Saunders, i Stone Adrienne, red. The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.001.0001.

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The Oxford Handbook of the Australian Constitution offers a critical analysis of some of the most significant aspects of Australian constitutional arrangements, setting them against the historical, legal, political, and social contexts in which Australia's constitutional system has developed. It takes care to highlight the distinctive features of the Australian constitutional system by placing the Australian system, where possible, in a global perspective. Constitutional law provides the legal framework for the Australian political and legal systems, and thus touches almost every aspect of Australian life. The chapters are arranged in seven thematically grouped parts. The first, ‘Foundations’, deals with aspects of Australian history which have influenced constitutional arrangements. The second, ‘Constitutional Domain’, addresses the interaction between the Constitution and other relevant legal systems and orders, including the common law, international law, and State Constitutions. The third, ‘Themes’, identifies themes of special constitutional significance, including the legitimacy of the Constitution, citizenship, and republicanism. The fourth, ‘Practice and Process’, deals with practical issues relevant to constitutional litigation, including the processes, techniques, and authority of the High Court of Australia. The final three parts deal with the structural building blocks of the Australian constitutional system: ‘Separation of Powers’, ‘Federalism’, and ‘Rights’.
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Waddington, Lisa. Australia. Oxford University Press, 2018. http://dx.doi.org/10.1093/oso/9780198786627.003.0003.

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Given the dualist nature of the Australian legal system, the potential for the Convention on the Rights of Persons with Disabilities (CRPD) to impact on case law is seemingly limited. Nevertheless, a wide range of Australian courts have referenced the Convention in their judgments, and the Convention has certainly been used to bolster or support the reasoning of courts in a number of cases, with at least one court going as far as interpreting Convention provisions and using this interpretation to further the development of domestic law on disability rights. On the other hand, Australian courts have also on occasions explicitly stated that they found the Convention to be inapplicable or irrelevant and have given a variety of reasons for reaching this finding. The Australian cases explored in this chapter therefore represent a wide diversity of judicial responses to the CRPD, and provide the basis for a fruitful discussion and analysis.
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The Australian federal judicial system. Carlton South, Vic: Melbourne University Press, 2000.

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Winning in Court. OUP Australia and New Zealand, 2000.

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Części książek na temat "Australian Court system"

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Ward, Harriet, Lynne Moggach, Susan Tregeagle i Helen Trivedi. "Introduction: International Issues and Debates Concerning Adoption". W Outcomes of Open Adoption from Care, 1–38. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-76429-6_1.

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AbstractA history of systemic injustices and a lack of transparency have influenced public perceptions of domestic adoption. This book aims to introduce more empirical evidence into the debate by exploring the value of open adoption, as practised in Australia, as a route to permanence for abused and neglected children in out-of-home care who cannot safely return to their birth families. International evidence about the outcomes of adoption and foster care is discussed. The chapter introduces the Barnardos Australia Find-a-Family programme which has been finding adoptive homes since 1986 for non-Aboriginal children in care who are identified as ‘hard to place’. Regular post-adoption face-to-face contact with birth family members is an integral part of the adoption plan. The methodology for evaluating the outcomes for 210 children placed through the programme included case and court file analysis, a follow-up survey and interviews with adoptive parents and adult adoptees.
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"Disposing of a dispute without a court decision". W Understanding The Australian Legal System, 89–106. Routledge-Cavendish, 1998. http://dx.doi.org/10.4324/9781843141341-5.

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Calabresi, Steven Gow. "The Commonwealth of Australia". W The History and Growth of Judicial Review, Volume 1, 229–62. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780190075774.003.0007.

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This chapter traces the development of judicial review in Australia, which was modeled on the U.S. system of judicial review. Australian judicial review evolved out of a need for an umpiring body in federalism and separation of powers cases. Indeed, the original purpose of the Australian High Court under the Australian Constitution was to umpire federalism disputes between the Commonwealth and the six Australian states, which predated the federal government of Australia; and to ensure that the traditionally guaranteed rights and freedoms of British subjects under the common law and responsible parliamentary government were respected regarding Australia’s citizens. The Australian Constitution does not have a Bill of Rights or an enumerated Judicial Review clause, but it does limit and enumerate the broad powers of the Australian federal government. The Framers of the Australian Constitution, like the Framers of the U.S. Constitution, assumed that the courts would have the power of judicial review. As a result, there is, in Australia, judicial review in federalism and separation of powers umpiring cases but not in Bill of Rights cases since there is essentially no Australian Bill of Rights.
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James, Stellios. "Part VI Federalism, Ch.36 Federal Jurisdiction". W The Oxford Handbook of the Australian Constitution. Oxford University Press, 2018. http://dx.doi.org/10.1093/law/9780198738435.003.0037.

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This chapter identifies the origins, content, and operation of federal jurisdiction in Australia. In the United States the creation of federal jurisdiction was the necessary concomitant of the establishment of the judicial arm of federal government. The same could not be said of the conditions for Australian federalism. Federalism Australian-style did not require a federal system of courts. Further complicating the issue was the ‘autochthonous expedient’: the facility provided to Parliament for the use of State courts to exercise federal jurisdiction. Hence the chapter also seeks to suggest that the discordance between the concept and purpose of federal jurisdiction left the High Court with the challenging task of conceptualizing ‘judicial federalism’. In executing that task, High Court jurisprudence has presented differing conceptions of the place of State courts within the federal judicial system.
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Dowding, Keith, Aaron Martin i Rhonda L. Evans. "The Australian Policy Agendas Project". W Comparative Policy Agendas, 51–56. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780198835332.003.0004.

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Keith Dowding and Aaron Martin launched the Australian Policy Agendas Project (APAP) in 2012 under an Australian Research Council Discovery grant. Their work has resulted in ten publications to date. Under the leadership of Rhonda L. Evans, the Edward A. Clark Center at the University of Texas at Austin began work on the APAP in 2014, collecting data on decisions of the High Court of Australia and front-page stories from the Sydney Morning Herald. This chapter outlines some features of the Australian political system; what was coded as part of APAP; and an example of how the data has been used by the authors.
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"10 Common Law versus Statutory Approaches to Enforcing Foreign Judgments: The Australian Experience". W Foreign Court Judgments and the United States Legal System, 179–88. Brill | Nijhoff, 2014. http://dx.doi.org/10.1163/9789004278929_012.

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Groot, John de. "Australia". W International Succession, 27–46. Oxford University Press, 2022. http://dx.doi.org/10.1093/oso/9780198870463.003.0003.

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This ch apter emphasizes that the legal system in Australia is a common law system. It notes that Australia is a federated system where all States and Territories have their own succession legislation. In terms of wills, the chapter argues that Australia allows informal wills to be probated provided that the Court is satisfied that the ‘testator’ intended the document to be his or her will. This chapter then shifts to discuss the method of codicils—which is executed in the same manner as the will. In the context of intestacy rules in Australia, the chapter highlights that no distinction is made between the issue of a lawful marriage, de facto, or other relationship, all are ‘issue’ entitled to take on intestacy, as appropriate. Ultimately, this chapter sheds a light on the freedom of testation in Australian law. It then reviews the concept of community property between husband and wife in Australia, joint property, and doctrine of hotchpot.
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Boutros, Andrew. "Australia". W From Baksheesh to Bribery, 11–59. Oxford University Press, 2019. http://dx.doi.org/10.1093/oso/9780190232399.003.0002.

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Australia’s anti-bribery and anti-corruption laws appear simple in expression but have proved illusive in securing successful prosecutions. The structure of the foreign bribery offense is complicated and requires numerous physical and mental elements to be established for each limb of the offense. Since 1999 when Australia enacted its foreign bribery laws, there have been several corporate and individual guilty pleas in foreign bribery cases but as yet no contested trials. The first case in 2011 arising out of the Securency banknote printing scandal has concluded with mixed results: several plea deals yet other prosecutions permanently stayed due to illegal conduct on the part of the investigative agencies. Other more recent cases have started but are early in the criminal justice system. The traditional approach of the Australian prosecutors is that once charges are laid, they expect a guilty plea to the offense charged or an agreed lesser offenses and then any discount is a matter for the sentencing court. Australia still lacks a structured approach to complex commercial crime including foreign bribery. While there are reforms pending before the Australian government on changes to the foreign bribery offense deferred prosecution agreements, a strict liability corporate offense of failing to prevent foreign bribery, and enhanced private sector whistle-blower laws, they are yet to be implemented. While resources at the Commonwealth level have improved over the years, they remain diffuse, underfunded, and under-resourced. Australian business is starting to adopt a more proactive response to manage offshore risk and the expected legislative reforms are pushing this along. Australian business increasingly knows it must address these issues in a global economy as its most significant trading partners are taking a similarly tough stand against bribery and corruption.
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Weller, Patrick, Dennis C. Grube i R. A. W. Rhodes. "Australia: Traditions and Practices". W Comparing Cabinets, 46–55. Oxford University Press, 2021. http://dx.doi.org/10.1093/oso/9780198844945.003.0003.

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The chapter describes the conventions and practices of Australian government. A variant of the Westminster system, it has a number of characteristics that define its workings and conventions: a written constitution, a federal system with potentially powerful state governments, and a High Court that can interpret that constitution. It also has a brutal political culture. These characteristics explain the ways in which Australian cabinet government differs from the English model from which it was derived, and the vulnerability of Australian prime ministers to removal by their own parties. These factors lead to a different form of parliamentary government with distinctly different practices.
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"The Court System: An Overview". W Court Reporting in Australia, 5–13. Cambridge University Press, 2005. http://dx.doi.org/10.1017/cbo9780511481246.002.

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Streszczenia konferencji na temat "Australian Court system"

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Lučić, Sonja. "VEŠTAČKA INTELIGENCIJA I PATENTNO PRAVO". W XVIII Majsko savetovanje. University of Kragujevac, Faculty of Law, 2022. http://dx.doi.org/10.46793/xviiimajsko.479l.

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Artificial intelligence is a field of technology that is developing intensively. Along with the development of artificial intelligence, the issue of its patent protection has become topical. Artificial intelligence systems are based on highly developed algorithms and mathematical models, phenomena with which patent law is traditionally in conflict. This issue is not just a national or European problem. There is also an intensive debate in the United States about the patentability of artificially intelligent systems. The author deals with the question of whether artificially intelligent systems can enjoy patent protection. The paper analyzes the case of "DABUS" which refers to an international patent application in which the artificially intelligent system DABUS is listed as the inventor. Numerous intellectual property offices around the world (eg American, British, German, Australian, EPO) have rejected such a patent application. On the other hand, the Federal Court of Australia has ruled that under the Australian Patent Act AI could be listed as the inventor. Recognition of AI as the inventor (not the owner) of inventions generated by artificial intelligence can have certain consequences, including in the field of copyright.
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"Comparative Study on the Operation of Australian Jury System and Chinese Courts". W 2017 International Conference on Social Sciences, Arts and Humanities. Francis Academic Press, 2017. http://dx.doi.org/10.25236/ssah.2017.10.

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Garner, Stuart. "The Impact of a Software Tool that Supports a Part-Complete Solution Method on the Learning Outcomes of Novice Programmers". W InSITE 2008: Informing Science + IT Education Conference. Informing Science Institute, 2008. http://dx.doi.org/10.28945/3223.

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This paper reports on the findings from a quantitative research study into the use of a software tool that was built to support a part-complete solution method (PCSM) for the learning of computer programming. The use of part-complete solutions to programming problems is one of the methods that can be used to reduce the cognitive load that students experience during their learning. The tool that was built is a code restructuring tool known as CORT. An inquiry into its effect on student learning outcomes took place over a period of 14 weeks at an Australian university. Two student groups participated in an introductory programming unit, one of which utilized the CORT system whilst the other acted as a control group. No significant difference were found in the relative achievement of students in the CORT and non-CORT groups in tests of programming achievement. However the results showed significant advantages for the CORT students in terms of time saving and levels of tutor help required. Differences also emerged in levels of achievement between certain sub-groups, these being age, computer literacy and previous programming experience.
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Garner, Stuart. "An Exploration of How a Technology-Facilitated Part-Complete Solution Method Supports the Learning of Computer Programming". W InSITE 2007: Informing Science + IT Education Conference. Informing Science Institute, 2007. http://dx.doi.org/10.28945/3127.

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This paper reports on the findings from a qualitative research study into the use of a technology-facilitated part-complete solution method (PCSM) that was used to support the learning of computer programming. The use of part-complete solutions to programming problems is one way in which the cognitive load that students experience during learning can be reduced. A code restructuring tool, CORT, was built to support the PCSM and an inquiry into its effectiveness took place over a period of 14 weeks at an Australian university. Results suggest that: the system provided strong scaffolding for student learning; students engaged well with the system and generally used a thoughtful and considered cognitive strategy; and the highest level of support was for student semantic difficulties, although there was also strong support for algorithmic and structural difficulties.
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McGough, Tony, Stanley McGreal, Paloma Taltavull i Deborah Leshinsky. "Market and Non-Market Determinants of Property Valuations decided through the Court System in Family Law Separation in Australia: Developing a Scientific Approach". W 28th Annual European Real Estate Society Conference. European Real Estate Society, 2022. http://dx.doi.org/10.15396/eres2022_254.

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Gloria, Chrismatovanie. "Compliance with Complete Filling of Patient's Medical Record at Hospital: A Systematic Review". W The 7th International Conference on Public Health 2020. Masters Program in Public Health, Universitas Sebelas Maret, 2020. http://dx.doi.org/10.26911/the7thicph.04.29.

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ABSTRACT Background: The health information system, especially medical records in hospitals must be carried out accurately and completely. Medical records are important as evidence for the courts, education, research, and policy makers. This study aimed to investigate the factors affecting the compliance with completeness of filling patient’s medical re­cords at hospitals. Subjects and Methods: A systematic review was conducted by searching from Pro­Quest, Scopus, and National journals using keywords medical records, filling of medical records, and non- compliance filling medical records. The abstracts and full-text arti­cles published between 2014 to 2019 were selected for this review. A total of 62,355 arti­cles were conducted screening of eligibility criteria. The data were reported using PRIS­MA flow chart. Results: Eleven articles consisting of eight articles using observational studies and three articles using experimental studies met the eligible criteria. There were two articles analyzed systematically from the United States and India, two articles reviewed literature from the United States and England, and seven articles were analyzed statis­tically from Indonesia, America, Australia, and Europe. Six articles showed the sig­nificant results of the factors affecting non-compliance on the medical records filling at the Hospitals. Conclusion: Non-compliance with medical record filling was found in the hospitals under study. Health professionals are suggested to fill out the medical record com­pletely. The hos­pital should enforce compliance with complete medical record fill­ing by health professionals. Keywords: medical record, compliance, hospital Correspondence: Chrismatovanie Gloria. Hospital Administration Department, Faculty Of Public Health, Uni­­ver­sitas Indonesia, Depok, West Java. Email: chrismatovaniegloria@gmail.com. Mo­­­­bi­le: +628132116­1896 DOI: https://doi.org/10.26911/the7thicph.04.29
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