Artykuły w czasopismach na temat „Australian law of jurisdiction”
Kliknij ten link, aby zobaczyć inne rodzaje publikacji na ten temat: Australian law of jurisdiction.
Utwórz poprawne odniesienie w stylach APA, MLA, Chicago, Harvard i wielu innych
Sprawdź 50 najlepszych artykułów w czasopismach naukowych na temat „Australian law of jurisdiction”.
Przycisk „Dodaj do bibliografii” jest dostępny obok każdej pracy w bibliografii. Użyj go – a my automatycznie utworzymy odniesienie bibliograficzne do wybranej pracy w stylu cytowania, którego potrzebujesz: APA, MLA, Harvard, Chicago, Vancouver itp.
Możesz również pobrać pełny tekst publikacji naukowej w formacie „.pdf” i przeczytać adnotację do pracy online, jeśli odpowiednie parametry są dostępne w metadanych.
Przeglądaj artykuły w czasopismach z różnych dziedzin i twórz odpowiednie bibliografie.
1
Tahmindjis, Phillip. "Sexual Harassment and Australian Anti-Discrimination Law". International Journal of Discrimination and the Law 7, nr 1-4 (wrzesień 2005): 87–126. http://dx.doi.org/10.1177/135822910500700404.
Pełny tekst źródłaStreszczenie:
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.
2
Latimer, Paul, i Michael Duffy. "Deconstructing Digital Currency and Its Risks: Why ASIC Must Rise to the Regulatory Challenge". Federal Law Review 47, nr 1 (marzec 2019): 121–50. http://dx.doi.org/10.1177/0067205x18816237.
Pełny tekst źródłaStreszczenie:
Digital currency is a ‘disrupter’ of financial services and currency markets, and as such presents new regulatory challenges. International regulatory responses to digital currency range from being largely ignored in some jurisdictions to being banned in others, with most jurisdictions charting a middle course of ‘wait and see’ while attempting to deal with pressing issues (such as taxation liability and potential money laundering and terrorism financing issues). This article explains digital currency, its benefits, its problems, its risks and the regulatory response so far. It analyses the extent to which the Australian Securities and Investments Commission (ASIC, the national securities regulator) may or may not have regulatory power and jurisdiction under existing Australian law, and the role of other relevant regulators and institutions. It concludes that digital currency may well be a ‘financial product’ under Corporations Act 2001 (Cth) s 763A (though many suppliers/issuers of that product will be website operators located outside Australia). If it is a financial product, ASIC would also have jurisdiction over issuers and markets that trade in that product. This conclusion could easily be fortified by legislative confirmation; however, it is suggested that ASIC should in all events test its powers to determine whether any legislative change is needed. Regulation by ASIC would add to recent moves to deal with digital currency by the Australian Transaction Reports and Analysis Centre (AUSTRAC) and the Australian Taxation Office (ATO). In all cases, this article argues that the time has come for Commonwealth regulation of digital currencies by ASIC as the relevant regulator. This would then trigger the obligations set out in the Corporations Act and the ASIC Act, including Australian Financial Services Licensing, Australian Market Licensing, standards of efficiency, honesty and fairness, disclosure provisions, possible market offences and corporate regulation generally. The suggested jurisdiction of ASIC would build on its existing role as well as the roles of the Australian Competition and Consumer Commission, the ATO and AUSTRAC.
3
Cross, Cassandra. "‘Oh we can’t actually do anything about that’: The problematic nature of jurisdiction for online fraud victims". Criminology & Criminal Justice 20, nr 3 (13.03.2019): 358–75. http://dx.doi.org/10.1177/1748895819835910.
Pełny tekst źródłaStreszczenie:
One of the most pressing challenges with policing online fraud relates to jurisdiction. Policing is traditionally based on territoriality, but the internet has changed this. Offenders in one country can target a victim in a second country, who is requested to send money to a third or fourth country. This article examines online fraud victims’ reporting to police. Specifically, it demonstrates the misconceptions that exist regarding jurisdiction, namely the relationship between the Australian Federal Police and state/territory police. A clear disconnect emerges between understandings and expectations of who can investigate what relating to online fraud. The Australian Cybercrime Online Reporting Network’s establishment in 2014 is a positive step but this has not fixed the issue entirely. Overall, the article argues that the jurisdictional challenges experienced by police are not understood by victims, and improvement is needed regarding awareness of victims and police alike, to reduce unnecessary, additional trauma to victims.
4
Dwyer, Judith, Mark Rankin, Margie Ripper i Monica Cations. "Is there still a need for abortion-specific laws? The capacity of the health framework to regulate abortion care". Alternative Law Journal 46, nr 2 (8.03.2021): 141–48. http://dx.doi.org/10.1177/1037969x20986636.
Pełny tekst źródłaStreszczenie:
After prolonged periods of criminalisation, 20th and 21st century law reform has now moved abortion care closer to being regulated as health care in all Australian jurisdictions. However, no jurisdiction has yet tested the proposition that specific laws for abortion care are unnecessary. This article analyses the capability of health law, policy and ethics to regulate abortion comprehensively, without the need for either stand-alone laws or special provisions within health law. We examined this question in the South Australian context and concluded that the health framework provides the basis for equitable, safe and accountable abortion care that is also acceptable to the community.
5
Bolimos, Ioannis A., i Kim-Kwang Raymond Choo. "Online fraud offending within an Australian jurisdiction". Journal of Financial Crime 24, nr 2 (2.05.2017): 277–308. http://dx.doi.org/10.1108/jfc-05-2016-0029.
Pełny tekst źródłaStreszczenie:
Purpose This paper aims to determine the level of online fraud offending within an Australian jurisdiction and how to best apply resources to combat it. Design/methodology/approach Empirical data were provided by an Australian law enforcement agency, and qualitative responses were obtained from the parties involved in the crimes themselves (the victims, the offenders and the nominated law enforcement agency). Findings Although there was variance between the ages of the online fraud victims, there was a slightly higher chance of an older member of the population falling victim to an offender than that of a younger person. The number of a particular gender reporting an instance of cybercrime in a given area can be higher if the total number of participants in that area was also high. Older victims were more likely to lose larger amounts of money to online fraud. Furthermore, it was found that when the non-gender identifiable data were removed, this increased to over 80 per cent. Originality/value Existing literature on online fraud and criminal offending generally focused on the quantitative aspects of measuring offending, which does not give an indication into the “why” component of the study: why are these offences being committed; why do these offenders pick particular victims; and why do the victims fall for such ruses? In this paper, the authors combined the qualitative responses obtained from those parties involved in the crimes themselves (the victims, the offenders and the nominated law enforcement agency) with a quantitative examination of the crime figures provided by an Australian law enforcement agency.
6
Dale, Gregory. "Appealing to Whom? Australia's ‘Appellate Jurisdiction’ Over Nauru". International and Comparative Law Quarterly 56, nr 3 (lipiec 2007): 641–58. http://dx.doi.org/10.1093/iclq/lei186.
Pełny tekst źródłaStreszczenie:
A peculiar and unique agreement exists between Australia and Nauru, which has ensured that, since 1976, appeals may be brought from the Supreme Court of Nauru, an independent Republic, to the High Court of Australia by virtue of a bilateral treaty1 and statutes of the respective Parliaments.2 In 1998 and 1999 two High Court judgments left a question mark hanging over the constitutional validity of this appellate scheme.3 Furthermore, in 2001, the Australian Law Reform Commission (ALRC) expressed the view that Australia should terminate the agreement as the arrangement was of no perceived ‘utility’ to Australia.4 For 29 years only two rather trivial cases were appealed from the Supreme Court to Australia's High Court.5 In 2005 a much more significant case, Ruhani, 6 was appealed from Nauru to Australia. The case was not only significant in that it concerned the validity of the so-called ‘Pacific Solution’, which involved Australia holding asylum-seekers offshore in Nauru for the processing of their refugee claims, but it also raised doubts about the desirability of the offshore municipal model of foreign appeals. This article examines the latter of those issues, intending to demonstrate that the model of foreign appeal adopted in the Nauru Treaty is a compromised version of appeal in comparison with the other two more common models.
7
Fry, Martin. "Australian taxation of offshore hubs: an examination of the law on the ability of Australia to tax economic activity in offshore hubs and the position of the Australian Taxation Office". APPEA Journal 57, nr 1 (2017): 49. http://dx.doi.org/10.1071/aj16014.
Pełny tekst źródłaStreszczenie:
The obvious commercial benefits of centralising operational functions mean that commercial ‘hubs’ within multinational enterprises will continue to proliferate. More and more so, this will create challenges for the revenue authorities of the high tax jurisdictions such as Australia and the United States, and also the ‘hub-destination’ jurisdictions such as Singapore. For the Australian revenue authority, the challenges are heightened by the fact that the Australian public debate on these issues occurs, it seems, within a framework of suspicion that multinational enterprises set about to avoid paying their ‘fair share’ of tax. As there is ultimately only one value chain spread across more than one tax jurisdiction – whether that be from the hydrocarbons under an Australian sea bed through to a customer sale in North Asia, or the purchase of crude in Singapore through to a point of retail distribution in Australia – it is essential that the tax laws arrive at an international organising principle that fairly allocates taxing rights between the tax jurisdictions affected by a global value chain. Double taxation will arise and economic efficiencies will be destroyed if multiple tax jurisdictions seek to tax the same parts of the single global value chain. That organising principle should be the ‘arm’s length principle’, the fundamental basis upon which Australia enters into double tax treaties with its trading partners. This paper analyses the manner in which the Australian tax laws attempt to deal with the advent of offshore centralised hubs. It argues that the Australian tax laws overreach and, as such, create an environment for double taxation and dispute between competing revenue authorities and between revenue authorities and multinational enterprises. The tax laws are complex, incomplete and, at the time of writing, evolving at a speed not often witnessed in the field of taxation.
8
Wolff, Leon. "Litigiousness in Australia: Lessons from Comparative Law". Deakin Law Review 18, nr 2 (1.12.2014): 271. http://dx.doi.org/10.21153/dlr2013vol18no2art39.
Pełny tekst źródłaStreszczenie:
How litigious are Australians? Although quantitative studies have comprehensively debunked the fear of an Australian civil justice system in crisis, the literature has yet to address the qualitative public policy question of whether Australians are under- or over-using the legal system to resolve their disputes. On one view, expressed by the insurance industry, the mass media and prominent members of the judiciary, Australia is moving towards an American-style hyper-litigiousness. By contrast, Australian popular culture paints the typical Australian as culturally averse to formal rights assertion. This article explores the comparative law literature on litigiousness in two jurisdictions that have attracted significant scholarly attention — the United States and Japan. More specifically, it seeks to draw lessons from this literature for both understanding litigiousness in modern Australia and framing future research projects on the issue.
9
Shannon, Victoria. "Recent Developments in Third-Party Funding". Journal of International Arbitration 30, Issue 4 (1.08.2013): 443–52. http://dx.doi.org/10.54648/joia2013028.
Pełny tekst źródłaStreszczenie:
This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC's regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules and cost allocations in that jurisdiction. In the United States, at least twenty pieces of legislation have been filed in various state legislatures since the beginning of 2013 aimed at regulating the third-party funding industry in a variety of different ways. Thus, in these three leading third-party funding jurisdictions, it appears that the legislatures - rather than the courts - are seeking to lead the way in shaping the future of the third-party funding industry.
10
Goodman, Camille, i Holly Matley. "Law Beyond Boundaries: innovative mechanisms for the integrated management of biodiversity beyond national jurisdiction". ICES Journal of Marine Science 75, nr 1 (1.01.2018): 402–4. http://dx.doi.org/10.1093/icesjms/fsx242.
Pełny tekst źródłaStreszczenie:
Abstract On 24 February 2017, a workshop entitled “Law Beyond Boundaries: innovative mechanisms for the integrated management of biodiversity beyond national jurisdiction” was held in Wollongong, Australia hosted by the Oceans and International Environmental Law Interest Group of the Australian and New Zealand Society of International Law, in association with the Australian National Centre for Ocean Resources and Security at the University of Wollongong. The aim of the workshop was to address the question, how can international law be used in innovative ways to effectively conserve and sustainably manage marine biological diversity in areas beyond national jurisdiction (ABNJ)? In this introduction, we briefly summarize five of the papers developed for the workshop, highlighting the way in which they address three important themes: the promise and limits of existing institutional mechanisms governing activities in ABNJ; interactions between established principles and regimes for ABNJ; and the lessons that can be drawn from existing global and regional approaches to ABNJ. We hope that the ideas developed in this article theme set will contribute to the ongoing discussions at the United Nations General Assembly, as the international community works toward the development of an international legally binding instrument to govern activities in ABNJ.
11
Crofts, Thomas. "The common law influence over the age of criminal responsibility – Australia". Northern Ireland Legal Quarterly 67, nr 3 (16.09.2016): 283–300. http://dx.doi.org/10.53386/nilq.v67i3.118.
Pełny tekst źródłaStreszczenie:
This article explores how Australian jurisdictions came to have an approach to the age of criminal responsibility similar to that which existed in England and Wales until 1998. It discusses recent debates in Australia about reforming the minimum age of criminal responsibility and the presumption of doli incapax. This shows that while there has been criticism of the presumption of doli incapax within Australia no jurisdiction has taken the English step of abolishing it. It finds that a greater challenge to the presumption of doli incapax may, however, come from calls for an increase in the minimum age of criminal responsibility to the age of 12. While several common law countries have raised the minimum age level to 12 (as called for by the UN Committee on the Rights of the Child), they have also abolished the presumption of doli incapax, thus reducing protection for 12- and 13-year-olds. This article argues that unless the minimum age of criminal responsibility is raised to 14 or 16, as preferred by the UN Committee, there are good reasons to retain the presumption of doli incapax.
12
LINDSAY, BRUCE. "STUDENT SUBJECTIVITY AND THE LAW*". Deakin Law Review 10, nr 2 (1.07.2005): 628. http://dx.doi.org/10.21153/dlr2005vol10no2art296.
Pełny tekst źródłaStreszczenie:
<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>This article examines the character of the university student in law in the context of wide-ranging changes to Australian higher education since the 1980s. The legal character of the student derives from two major sources: establishment of a university jurisdiction, primarily under State University Acts, and federal higher education funding legislation. With the rise of market/economic conditions in the sector, the student has become subject to tensions between these sources of law, increasingly resolved in terms of his/her existence as a “consumer” within a commercial university model. Alongside the older statutory university jurisdictions, the standing of the student is both increasingly complex and impoverished</span><span>.] </span></p></div></div></div>
13
Howe, Joanna, Laurie Berg i Bassina Farbenblum. "Unfair Dismissal Law and Temporary Migrant Labour in Australia". Federal Law Review 46, nr 1 (marzec 2018): 19–48. http://dx.doi.org/10.22145/flr.46.1.2.
Pełny tekst źródłaStreszczenie:
Increasing attention is being given to the exploitation of temporary migrant workers in Australia, in particular in relation to wage underpayments. But very little focus has been given to the ability of temporary migrant workers to access legal remedies under Australian employment law. This article examines whether temporary migrant workers are able to make and pursue a claim for unfair dismissal within the federal jurisdiction. As unfair dismissal law seeks to protect job security and provides an essential check on managerial prerogative, it is important that temporary migrant workers are able to access this legal avenue to protect them from arbitrary dismissal. We argue there are serious deficiencies in the application, coverage and content of federal unfair dismissal law in relation to temporary migrant workers in Australia.
14
Scott Bray, Rebecca, i Greg Martin. "Exploring fatal facts: current issues in coronial law, policy and practice". International Journal of Law in Context 12, nr 2 (czerwiec 2016): 115–40. http://dx.doi.org/10.1017/s1744552316000100.
Pełny tekst źródłaStreszczenie:
AbstractDeath investigation and coronial practices have undergone significant social, political and legal scrutiny in recent years. A wave of coronial reform has occurred across jurisdictions, including in the United Kingdom (UK), Australia, Canada and New Zealand, with a concomitant focus on the adequacy of death investigation law and policy. Taking key coronial developments in the UK and Australia as its starting point, this paper explores a legal jurisdiction undergoing immense legal and policy reform to illustrate why coronial law and practice is of increasing scholarly interest. It begins by tracing the contentious landscape of UK coronial law reform, which has also resonated internationally, thereafter examining key controversies that refocused attention on the value of the jurisdiction, before discussing contemporary coronial issues including, publicity, human rights and death prevention.
15
Schofield-Georgeson, Eugene. "Silence Matters: A survey of the right to silence in the summary jurisdiction of New South Wales". International Journal of Evidence & Proof 24, nr 2 (7.11.2019): 121–41. http://dx.doi.org/10.1177/1365712719887409.
Pełny tekst źródłaStreszczenie:
There is a scant existing literature on the relationship between the right to silence and its effect on convictions in Australia and comparable jurisdictions. Existing research has downplayed its significance in the face of various ‘law and order’ interventions seeking to limit its operation. This study is one of the largest of its kind, surveying over 1,000 charges to empirically assess the frequency of use and the effects of silence rights (the right to silence, privilege against self-incrimination and burden of proof) on conviction, in relation to a particular set of charges laid against a specific group of marginalised defendants in the Local Court summary jurisdiction of NSW. Adding to the existing literature, this study shows empirically how silence rights operate within an Australian summary jurisdiction for a specific group of criminal defendants who are significantly socially marginalised. In the process, it demonstrates that the use of silence rights is significant for this group, mostly in non-regulatory criminal matters. In this respect, silence rights can be understood to correlate with rates of conviction, mitigation of criminal sentencing and the practice of charge-bargaining.
16
Keyes, Mary. "Jurisdiction Clauses in New Zealand Law". Victoria University of Wellington Law Review 50, nr 4 (2.12.2019): 631. http://dx.doi.org/10.26686/vuwlr.v50i4.6305.
Pełny tekst źródłaStreszczenie:
The Trans-Tasman Proceedings Acts 2010, mirror legislation in New Zealand and Australia, regulate the allocation of jurisdiction in trans-Tasman civil proceedings. The legislation includes provisions dealing with the effects of jurisdiction clauses. This article considers the treatment of jurisdiction clauses under the statutory regime and the common law regime which provides for the effect of jurisdiction clauses that are outside the scope of the legislation, how these regimes differ, and their relative strengths and weaknesses.
17
Hackett, Jim. "Onboard Electronic Fraud: Piracy in the Twenty-First Century?" Air and Space Law 36, Issue 6 (1.12.2011): 453–76. http://dx.doi.org/10.54648/aila2011042.
Pełny tekst źródłaStreszczenie:
Internet access is available on some international flights; this will become more commonplace in the future. Internet frauds abound. Already, most personal banking is performed using the Internet; it is easy to transfer funds from one account to another, including from a personal or trust account to that of a fraudster. For example, if a trustee who is both an Australian citizen and a Hong Kong permanent resident, on board an aircraft (Cathay Pacific, Virgin Atlantic, or Qantas) in international airspace flying from Hong Kong to Australia, uses a personal computer to access an Australia-based trust account and (while unauthorized) transfers money to a personal account, has the trustee committed any crime for which he/she may be arraigned in any jurisdiction? It will be argued that the answer may be 'no'. What if the trustee is flying Cathay Pacific? This is partly because the law of Hong Kong insists that Hong Kong has jurisdiction over acts committed by persons aboard Hong Kong-registered aircraft yet does not recognize Internet activity of the type indicated above as a crime if the perpetrator is in international airspace. Similarly, if the trustee is on Virgin Atlantic, the United Kingdom claims jurisdiction and holds that no crime has been committed unless a trust fund based in the home country has been plundered. However, the (Australian) Criminal Code 1995 (Cth) (hereinafter 'the Code') appears to forbid the type of fund transfer mentioned (whether the trustee is on Cathay Pacific, Virgin Atlantic, or Qantas); it thus seems at first blush that the trustee has committed a crime in Australia. The problem is that a Commonwealth prosecutor cannot (it is submitted) access the Code, because the Crimes (Aviation) Act 1991 (Cth) (promulgated earlier in time than the Code) effectively states that no non-violent act in which a person engages on an Australia-bound aircraft (Qantas or otherwise) in international airspace after takeoff from a foreign country is a crime. On such a flight, the Code is inapplicable. The maxim generalia specialibus non derogant is relevant. One solution is that concerned States should draft and sign a treaty that puts national law to one side to ensure that modern-day pirates (such as the errant trustee) are nowhere safe. Similar treaties are already in force to deal with high-seas pirates and aircraft hijackers; the meaning of piracy requires expansion in the twenty-first century.
18
Healey, Deborah J. "Strange Bedfellows or Soulmates: A Comparison of Merger Regulation in China and Australia". Asian Journal of Comparative Law 7 (2012): 1–40. http://dx.doi.org/10.1017/s219460780000065x.
Pełny tekst źródłaStreszczenie:
AbstractChina and Australia are extremely significant trade partners and investors. Australia has a very well established competition law, now called the Competition and Consumer Law 2010, with a well-established merger regime. China has a relatively new competition law, the Anti-Monopoly Law 2007. This article compares merger control in the two jurisdictions. The Ministry of Commerce (MOFCOM) has already referred to an Australian decision in rejecting a merger, the only reference to a foreign decision to date, which confirms the utility of the comparison. This article critically evaluates the determinations of MOFCOM and compares the approach of the Australian Competition and Consumer Commission (ACCC), the Australian regulator. It assesses the transparency and predictability of procedures and decision-making in the two jurisdictions.
19
Kruger, Stephen. "Supreme Courts as Courts of General Original Jurisdiction". International Journal of Legal Information 39, nr 1 (2011): 51–61. http://dx.doi.org/10.1017/s0731126500006065.
Pełny tekst źródłaStreszczenie:
AbstractIn a common-law jurisdiction, “Supreme Court” is not always the name of a court of final appeal. There are 41 Supreme Courts and Supreme Courts of Judicature with general original jurisdiction. They cover 60 political units. In addition to general original jurisdiction, some of those courts have general appellate jurisdiction. There is a number of political units in which a second appellate consideration is possible.This article provides information about Supreme Courts and Supreme Courts of Judicature with general original jurisdiction. It includes a list with the names of the political units served by Supreme Courts or by Supreme Courts of Judicature with general original jurisdiction; a statement whether a Supreme Court or a Supreme Court of Judicature of a political unit has both general original jurisdiction and general appellate jurisdiction, or only general original jurisdiction; and further information.The goal of this article is to inform librarians, lawyers, solicitors, and barristers about the many court systems in the common-law world, in which the court of general original jurisdiction is named “Supreme Court” or “Supreme Court of Judicature.” Those courts are found in diverse political units, including Australian states and territories, Belize, Brunei, Canadian provinces and territories, Gibraltar, and Samoa. The oldest among them is the Supreme Court of New York, founded more than 300 years ago.
20
Burton, Lisa. "Why These Three? the Significance of the Selection of Remedies in Section 75(V) of the Australian Constitution". Federal Law Review 42, nr 2 (czerwiec 2014): 253–77. http://dx.doi.org/10.22145/flr.42.2.2.
Pełny tekst źródłaStreszczenie:
Section 75(v) of the Australian Constitution gives the High Court original jurisdiction to hear ‘all matters … in which a writ of Mandamus or prohibition or an injunction is sought against an officer of the Commonwealth.’ This is said to guarantee the Court's ability to ensure that officers of the Commonwealth act within the law. Yet the s 75(v) jurisdiction is clearly limited. The Court is not authorised to hear all matters in which it is alleged that an officer of the Commonwealth has acted unlawfully; it is only given jurisdiction to hear matters in which a (somewhat surprising) selection of remedies are sought. This is confusing in itself, and it has caused broader confusion about the purpose and scope of this important constitutional provision. This article examines the historical ambit of the judicial review remedies and evidence from the Constitutional Convention Debates in order to determine why s 75(v) only gives the High Court jurisdiction to hear matters in which mandamus, prohibition and injunction are sought, and the significance of this for judicial review under the Australian Constitution.
21
Eesa A Fredericks. "Contractual Capacity and the Conflict of Laws in Common-Law Jurisdictions (Part 2): Australasia, North America, Asia and Africa". Obiter 41, nr 1 (1.04.2020): 10–44. http://dx.doi.org/10.17159/obiter.v41i1.10546.
Pełny tekst źródłaStreszczenie:
This series of two articles provides a comparative overview of the position in common-law jurisdictions on the conflict of laws in respect of the contractual capacity of natural persons. The comparative study is undertaken in order to provide guidelines for the future development of South African private international law. Reference is primarily made to case law and the opinions of academic authors. The legal position in the law of the United Kingdom, as the mother jurisdiction in Europe, was investigated in part 1.1 Although Scotland is a mixed civil/common-law jurisdiction, the situation in that part of the United Kingdom was also discussed.Part 2 deals with the rules and principles of private international law in respect of contractual capacity in Australasia (Australia and New Zealand), North America (the common-law provinces of Canada and the United States of America), Asia (India, Malaysia and Singapore) and Africa (Ghana and Nigeria). This part also contains a comprehensive summary of the legal position in the common-law countries, followed by ideas for the reform of South African private international law in this regard.
22
Dignam, Alan. "The globalisation of General Principle 7: transforming the market for corporate control in Australia and Europe?" Legal Studies 28, nr 1 (marzec 2008): 96–118. http://dx.doi.org/10.1111/j.1748-121x.2007.00076.x.
Pełny tekst źródłaStreszczenie:
The integration of national financial markets over the past 30 years has resulted in a globalised market for corporate control which has increased both the opportunities for companies to fund acquisitions and the possibility of being acquired. Takeovers and mergers have, as a result, become a matter of some concern for governments, as they try to encourage the development of financial markets but also deal with the consequences of a globalised market for corporate control, where even companies regarded as national champions are within the reach of a foreign takeover. In the course of the last decade General Principle No 7 of the UK Takeover Code, that shareholders should decide the outcome of a takeover bid, has been adopted in many jurisdictions around the world and has formed the heart of the EU Directive on Takeovers. The Principle is however a controversial one, as its adoption is often viewed in civil law jurisdictions as an attack on a core part of a social market system. This has been particularly evident in the debate on the EU Directive on Takeovers. A number of common law heritage countries have also based their takeover regime around General Principle No 7 and many of these common law heritage counties have similarities with social market systems, in that they have less significant stock exchanges than the UK, the make up of their shareholding base is more concentrated and employment protections are more extensive. A central jurisdiction in that overlap is Australia, with exactly this combination. The purpose of this paper is to examine the historical effect of introducing UK takeover principles into the Australian system, by creating an empirical data set of takeovers of Australian listed companies covering the period before and after those UK-based principles were introduced. In doing so the paper found that factors such as concentrated ownership, capital controls and protective labour law have significant effects on the market for corporate control. There was no transforming effect evident in adopting an anti-managerial pro-shareholder takeover regime. As such, the fear that the adoption of a standardised EU-wide takeover Directive, along the lines of the UK Panel on Takeovers and Mergers' shareholder-oriented General Principle 7, would have a negative transforming effect on social market systems appears, on the Australian evidence, to be overblown, while other key features of such systems, particularly concentrated ownership and protective labour laws, remain in place.
23
Gray, Anthony. "Contractual Penalties in Australian Law after Andrews: An Opportunity Missed". Deakin Law Review 18, nr 1 (1.08.2013): 1. http://dx.doi.org/10.21153/dlr2013vol18no1art55.
Pełny tekst źródłaStreszczenie:
This article considers the extent to which an Australian court might be willing to declare a contractual clause to be a ‘penalty’, and so not be enforceable. A recent High Court decision takes a broader view of the courts’ jurisdiction to relieve against ‘penalties’ than has previously been the case. This article has two purposes; first, it critically considers whether the Court’s position is correct, having regard to the long history and rationale for the rule. Secondly, it considers whether the doctrine forbidding penalties in contracts remains an appropriate stand-alone doctrine in contemporary contract law, or whether a recasting of the law in this area is desirable. It concludes that the High Court missed an opportunity to consider more thoroughly the reform of the penalty-liquidated damages distinction, and should have subsumed that principle within the organising principle of unconscionability.
24
White, Ben, i Lindy Willmott. "Future of assisted dying reform in Australia". Australian Health Review 42, nr 6 (2018): 616. http://dx.doi.org/10.1071/ah18199.
Pełny tekst źródłaStreszczenie:
The Voluntary Assisted Dying Act 2017 (Vic) will come into force in June 2019, becoming the first law in Australia in 20 years to permit voluntary assisted dying (VAD). This paper considers how other Australian states and territories are likely to respond to this development. It analyses three key factors that suggest that law reform is likely to occur in other parts of Australia: (1) the growing international trend to permit VAD; (2) social science evidence about how VAD regimes operate; and (3) changes to the local political environment. The paper argues that these three factors, coupled with the effect of Victoria changing its law, suggest that other VAD law reform is likely to occur in Australia. It also considers the different types of laws that may be adopted, including whether other states and territories will follow the very conservative Victorian approach or adopt more liberal models. What is known about the topic? Despite sustained law reform efforts in parliaments across the country, Victoria is the first Australian jurisdiction to pass a law permitting VAD in 20 years. What does this paper add? This paper addresses likely future trends in VAD law reform in Australia. Drawing on international developments, a growing body of social science evidence about how VAD regimes work in practice, and evidence about a changing local political environment, the paper argues that other states and territories in Australia will also enact laws about VAD. What are the implications for practitioners? The legalisation of VAD has significant implications for health professionals, health administrators and health systems. Understanding how reform may occur and what legal models may be considered supports participation in the law reform process and preparation for likely change.
25
Blayden, Lynsey. "Institutional Values in Judicial Review of Administrative Action: Re-Reading Attorney-General (NSW) V Quin". Federal Law Review 49, nr 4 (26.10.2021): 594–619. http://dx.doi.org/10.1177/0067205x211039892.
Pełny tekst źródłaStreszczenie:
Owing to its focus on statutory interpretation, judicial review of administrative action in Australia has been perceived to be ‘formalist’, particularly when compared with review in comparable nations such as England. This led Michael Taggart to characterise review in Australia as ‘exceptionalist’. The judgment of Brennan J in Attorney-General (NSW) v Quin, in which Brennan J emphasised the importance of courts remaining away from ‘the merits’ of administrative decision-making while exercising the supervisory jurisdiction has become closely associated with the view that review in Australia is rigid and formalist. In this article, I re-evaluate the judgment of Brennan J and place it in the context of its facts and of its time. This helps to reveal that the approach to judicial review of administrative action set out by Brennan J in Quin should not be seen as formalist. Rather, both Brennan J’s approach and the contemporary ‘statutory approach’ to judicial review can be seen as informed by values connected with what are understood to be the appropriate functions of each institution of government found within the Australian political system.
26
Maillet, Pauline, Alison Mountz i Kira Williams. "Exclusion Through Imperio". Social & Legal Studies 27, nr 2 (7.02.2018): 142–63. http://dx.doi.org/10.1177/0964663917746487.
Pełny tekst źródłaStreszczenie:
This article explores and unpacks the entanglements between law and geography that enable and advance the exclusion of non-citizens from entry into sovereign territory. We suggest that states manipulate jurisdiction within and beyond sovereign territory to extend enforcement. This jurisdiction applies primarily to the bodies of migrants themselves as opposed to fixed spaces. Like Elden’s (2009, 2013) imperio, or imperial power, this extension is spatially boundless, limitless in internal checks and administrative. Imperio places migrant bodies into new legal regimes with subjectivities that overlap and override existing protections, such as international refugee law. We develop our argument by considering enforcement practices in three areas: the waiting zone at Paris Charles de Gaulle airport, search and rescue areas on the Central Mediterranean Sea and Australian excision zones.
27
Ní Fhloinn, Deirdre. "Liability in negligence for building defects in Ireland, England and Australia". International Journal of Law in the Built Environment 9, nr 3 (9.10.2017): 178–92. http://dx.doi.org/10.1108/ijlbe-06-2017-0019.
Pełny tekst źródłaStreszczenie:
Purpose The purpose of this paper is to consider decisions of the courts of three jurisdictions: Ireland; England and Wales; and Australia, in relation to recovery of economic loss in negligence for building defects and to identify the extent to which the legal environment of each jurisdiction has informed the approach of the courts to the issue. Design/methodology/approach The approach taken for this purpose is to review the extent of legislative intervention in each jurisdiction to provide measures of protection for home buyers, and whether that intervention has limited the scope of what may be recovered in negligence for defects. Findings The findings of the research indicate that the retreat from recovery for defects, led by the courts of England and Wales through a series of cases in the 1980s and 1990s, may be regarded in part as a product of their environment, and that legislative intervention in the area of remedies acted as a limitation on the scope of the duties that the courts were prepared to impose. Originality/value Although the issue of recovery for building defects in negligence has been covered extensively in the literature and jurisprudence, the cross-referencing of the common law position with the legislative context in the jurisdictions considered provides insights into the approaches of courts and why the position of the courts of England and Wales may not transpose comfortably to other jurisdictions.
28
Quilter, Julia, i Russell Hogg. "The Hidden Punitiveness of Fines". International Journal for Crime, Justice and Social Democracy 7, nr 3 (1.09.2018): 9–40. http://dx.doi.org/10.5204/ijcjsd.v7i3.512.
Pełny tekst źródłaStreszczenie:
The fine is the most common penalty imposed by courts of summary jurisdiction in Australia, and fines imposed by way of penalty notice or infringement notice are a multiple of those imposed by the courts. The latter are being used for an increasing range of offences. This progressive ‘monetization of justice’ (O’Malley) and its effects have passed largely unnoticed. The enforcement of fines has, in most parts of Australia, been passed from the justice system to government revenue agencies with barely any public scrutiny or academic analysis. Sentencing councils, law reform commissions and audit and ombudsman offices have completed inquiries on fines, some of them wide-ranging and highly critical of existing arrangements. Yet, these inquiries arouse little public or media interest and, partly in consequence, there has been little political will to tackle fundamental problems as distinct from tinkering at the margins. After surveying the theoretical literature on the role of the fine, this paper considers the neglected question of fines enforcement. We present three case studies from different Australian jurisdictions to highlight issues associated with different models of enforcement. We show that fines enforcement produces very real, but often hidden, hardships for the most vulnerable. Despite its familiarity and apparent simplicity and transparency, the fine is a mode of punishment that hides complex penal and social realities and effects.
29
Peiris, G. L. "The Administrative Appeals Tribunal of Australia: the first decade". Legal Studies 6, nr 3 (listopad 1986): 303–24. http://dx.doi.org/10.1111/j.1748-121x.1986.tb00346.x.
Pełny tekst źródłaStreszczenie:
A legislative package which transformed the landscape of Australian administrative law during the last decade by invigorating prosaic models of judicial review, has attracted attention throughout the Commonwealth as ‘an awesome leap’. A burgeoning bureaucracy, whose commitment to legal norms is all too often diluted by excessive zeal in the pursuit of administrative goals, and the perceived inadequacy of conventional restraints including legislative scrutiny, the supervisory jurisdiction of regular courts and internal checks operating at different levels of the executive hierarchy, have heralded bold, innovative approaches.
30
Tréguier, Lucie, i William van Caenegem. "Copyright, Art and Originality: Comparative and Policy Issues". Global Journal of Comparative Law 8, nr 2 (25.09.2019): 95–127. http://dx.doi.org/10.1163/2211906x-00802001.
Pełny tekst źródłaStreszczenie:
This article reviews the laws of France and of Australia in relation to artistic works copyright for useful articles. Australian law applies a different subsistence test to ‘applied art’ than to fine art, whereas French law makes no such distinction, applying the principle of ‘Unité de l’art’. The decision of the High Court of Australia in IceTV Pty Limited v Nine Network Australia Pty Limited [2009] 239 clr 458, which aligns the standard of originality more closely with that applied in European copyright law, invites reconsideration of the Australian approach in favour of a universal standard for all artistic works. A more contemporary understanding of what constitutes ‘art’ points in the same direction. In the result, there is no longer any need to apply a restrictive ‘artistic quality’ standard to works of applied art in Australia. Such an approach better aligns the tests of artistic copyright subsistence in different jurisdictions.
31
Downie, Colette. "Will Australia Trust Arbitrators with Antitrust?" Journal of International Arbitration 30, Issue 3 (1.06.2013): 221–65. http://dx.doi.org/10.54648/joia2013017.
Pełny tekst źródłaStreszczenie:
International arbitration has gained acceptance in many jurisdictions as a convenient method for resolving competition law disputes. In Australia, it remains unclear whether competition disputes are arbitrable, even though Australian courts and legislatures have recognized the legitimacy of arbitration as a dispute resolution process. This article outlines a model which would allow competition arbitration to operate within the Australian commercial and legal environment. Options are presented to alleviate the difficulties which continue to be experienced during US and EU antitrust arbitration proceedings and at the award enforcement stage. It is envisaged that the recommendations made by this article will enable international arbitration to become a complementary method of competition law enforcement, if Australia trusts arbitrators with antitrust.
32
Hayward, Benjamin. "Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?" Federal Law Review 41, nr 2 (czerwiec 2013): 299–331. http://dx.doi.org/10.22145/flr.41.2.4.
Pełny tekst źródłaStreszczenie:
International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study of pro-arbitration judicial policy in recent arbitration-related Australian case law which touches upon the continuing applicability of the controversial 1999 Eisenwerk decision of the Queensland Court of Appeal. Against this pro-arbitration judicial policy context, this paper reviews five Eisenwerk-related cases handed down between 2010 and 2012. It concludes that despite pro-arbitration judicial policy being embedded as a requirement of reasoning in decisions under the International Arbitration Act 1974 (Cth), there is mixed evidence of such policy in the cases surveyed. This paper concludes that the extent to which this policy is evidenced largely corresponds with the degree to which contemporary decisions have departed from Eisenwerk.
33
Gogarty, Brendan, Anja Hilkemeijer i Daniel Westbury. "Religious-based exemptions from anti-discrimination law: Comparing jurisdictions that permit same-sex marriage". Alternative Law Journal 43, nr 3 (16.08.2018): 225–28. http://dx.doi.org/10.1177/1037969x18783437.
Pełny tekst źródłaStreszczenie:
In response to the recent passage of same-sex marriage law and the establishment of a Religious Freedom Inquiry (the Ruddock Panel), there has been considerable public debate on whether current exemptions for religious bodies under anti-discrimination law should be extended to individuals with a religious or conscientious objection to same-sex marriage. The authors compared current proposals for widening exemptions in anti-discrimination legislation to the legal position in the 29 other jurisdictions which permit same-sex marriage. If proposals that are currently debated were enacted, Australia would be the only jurisdiction to wind back its protections for LGBTIQ+ individuals against discrimination.
34
Morton, Rochelle, Michelle L. Hebart, Rachel A. Ankeny i Alexandra L. Whittaker. "Assessing the Uniformity in Australian Animal Protection Law: A Statutory Comparison". Animals 11, nr 1 (26.12.2020): 35. http://dx.doi.org/10.3390/ani11010035.
Pełny tekst źródłaStreszczenie:
Animal welfare is not included in the Australian Constitution, rendering it a residual power of the states and territories. Commentators have suggested that inconsistencies exist between the state and territory statutes, and that a uniform approach would be beneficial. However, there has been no comprehensive assessment of the nature or extent of these purported inconsistencies. This review addresses this gap by providing a state-by-state comparison of animal protection statutes based on key provisions. Utilizing systematic review methodology, every current Australian statute with an enforceable protection provision relating to animal welfare was identified. A total of 436 statutes were examined, with 42 statutes being included in the detailed analysis. The comparison showed that animal protection laws are generally consistent between each Australian jurisdiction and were found to have similar shortcomings, notably including lack of a consistent definition of ‘animal’ and reliance on forms of legal punishment to promote animal welfare which have questionable effectiveness. It is argued that there is a need for attention to definitions of key terms and future consideration of alternative forms of penalties, but that a uniform federal approach may not be necessary to address these shortcomings.
35
Abu-Zeitoun, Mamoun, i Mouaid Al-Qudah. "Withdrawal and Criminal Liability under the Criminal Laws of Jordan and Australia: A Comparative Study". Arab Law Quarterly 24, nr 1 (2010): 3–40. http://dx.doi.org/10.1163/157302510x12607945807197.
Pełny tekst źródłaStreszczenie:
This article is a comparative study of withdrawal as a defence to the criminal liability of an offender in Jordan (a civil law jurisdiction) and Australia (a common law jurisdiction). The analysis in this paper reveals that, in both jurisdictions, criminal laws have long accepted withdrawal as a conduit through which the offender’s liability can be modified or completely quashed. However, there has been no serious attempt, at least in Jordan, to provide anything approaching a complete explanation of the conditions under which the defence may be available and to explore its limits and boundaries. Neither has any serious effort been made to offer an account of the defence’s conceptual nature and governing rationale. The present paper seeks to identify and explore the defence’s conceptual basis and rationale, its current state of law and the appropriate direction in which the defence might be developed. To achieve this purpose, the paper is divided into three sections. In Section 1, it explores the conceptual nature of withdrawal. Section 2 addresses the rationale of the defence in light of the underlying principles of criminal liability in both jurisdictions. In Section 3 a comparative analysis of the defence’s qualifying requirements is undertaken in relation to both primary and accessorial criminal liability. Comparative analysis shows that withdrawal can be used as a defence to all forms of criminal complicity with differing degrees of variations in relation to both its qualifying requirements and the extent to which it may affect the liability of an offender. In cases involving incitement, however, the inciter cannot rely on the defence to avoid criminal liability although his or her punishment can be reduced pursuant to his or her voluntary withdrawal under the JPC.
36
Moss, Aaron. "Tiptoeing through the Tripwires: Recent Developments in Jurisdictional Error". Federal Law Review 44, nr 3 (wrzesień 2016): 467–503. http://dx.doi.org/10.1177/0067205x1604400306.
Pełny tekst źródłaStreszczenie:
Australian administrative law's continuing emphasis on the concept of jurisdictional error is increasingly unique amongst common law jurisdictions. This paper argues that recent developments in Australian jurisprudence have provided little guidance for administrative decision-makers, who are left ‘tiptoeing through the tripwires’ of judicial review. Combining a detailed analysis of primary decisions, academic publications and historical scholarship, this paper suggests that this lack of guidance is the result of a widespread judicial reluctance to engage with either the guidance or educative roles of judicial review. As this paper demonstrates, failure to do so encourages uncertainty, unpredictability and a general lack of clarity which inhibits judicial review's ability to guide decision-makers and contribute to the maintenance of effective governance, administrative justice, and the rule of law in Australia. Particular attention is given to the decisions of Minister for Immigration and Citizenship v Li, Plaintiff M61/2010E v Commonwealth, and NBMZ v Minister for Immigration and Border Protection, which together encapsulate many of the most problematic aspects of recent jurisprudence. To avoid these consequences, this paper calls on senior judges and commentators to articulate a clearer framework which will be applied to guide the future development of the doctrine of jurisdictional error.
37
Ouliaris, Calina, i Warren Kealy-Bateman. "Psychiatric advance directives in Australian mental-health legislation". Australasian Psychiatry 25, nr 6 (6.09.2017): 574–77. http://dx.doi.org/10.1177/1039856217726719.
Pełny tekst źródłaStreszczenie:
Objective: Following the recent widespread reform of mental-health legislation in Australia, psychiatric advance directives (PADs) have now been incorporated in four jurisdictions. We contextualise the potential role for PADs within the Australian legal framework and note their varying introduction across jurisdictions, with a focus on progressive legislation in the Australian Capital Territory (ACT). Conclusion: The formal recognition of PADs effectively shifts the trajectory of mental-health law towards a stronger recognition of consumer autonomy, albeit to varying degrees across jurisdictions. The most inspiring of these changes may be seen in the ACT Act, where an innovative framing of PAD provisions creates a safe space for clinicians and patients to engage, build therapeutic alliances and develop appropriate frameworks for further change.
38
Leshinsky, Rebecca. "Touching on transparency in city local law making". International Journal of Law in the Built Environment 8, nr 3 (10.10.2016): 194–209. http://dx.doi.org/10.1108/ijlbe-01-2016-0001.
Pełny tekst źródłaStreszczenie:
Purpose The purpose for this paper is to share jurisdictional knowledge on local law-making theory and praxis, an area of law not well represented in the literature despite its involvement in day-to-day life. Design/methodology/approach The paper not only shares knowledge about the local law-making process in Melbourne, Australia, but also explores attitudes to local law-making gathered through semi-structured interviews from a sample of relevant stakeholders. Findings The paper reports on findings from a study undertaken in Melbourne, Australia. Stakeholder perceptions and attitudes were canvassed regarding local law-making in the areas of land use planning and waste management. Overall, stakeholders were satisfied that Melbourne is a robust jurisdiction offering a fair and transparent local law-making system, but they see scope for more public participation. Research limitations/implications The findings suggest that even though the state of Victoria offers a fair and transparent system of local law-making, there is still significant scope for more meaningful involvement from the community, as well as space for more effective enforcement of local laws. The stage is set for greater cross-jurisdictional reciprocal learning about local law-making between cities. Originality/value This paper offers meaningful and utilitarian insight for policy and law makers, academics and built environment professionals from relevant stakeholders on the operation and transparency of local law-making.
39
Budai, Pamela. "Mandatory Reporting of Child Abuse: Is it in the Best Interests of the Child?" Australian & New Zealand Journal of Psychiatry 30, nr 6 (grudzień 1996): 794–804. http://dx.doi.org/10.3109/00048679609065047.
Pełny tekst źródłaStreszczenie:
Objective: To set out correctly the law on mandatory reporting of child abuse in each Australian jurisdiction and New Zealand to argue that all patients should be forewarned of the limits of confidentiality in respect of this and to discuss the question of whether mandatory reporting is in the best interests of the child. Method: Discussion of statutes mandating reporting of child abuse, duty of confidentiality, the experience of mandatory reporting and failure to comply, forewarning of limits of confidentiality, arguments for and against mandatory reporting, and alternatives. Results: Not all mental health providers comply with the law, for reasons both altruistic and non-altruistic. Although ethical codes for Australian mental health providers do not require forewarning, ethical practice would seem to do so. Conclusions: Mandatory reporting statutes now in force are not necessarily in the best interests of the child. An important clinical implication of the law is that consideration should be given to forewarning patients.
40
Lynch, Andrew. "Exceptionalism, politics and liberty: a response to Professor Tushnet from the Antipodes". International Journal of Law in Context 3, nr 4 (grudzień 2007): 305–12. http://dx.doi.org/10.1017/s174455230700403x.
Pełny tekst źródłaStreszczenie:
In this comment, the author takes issue with Professor Tushnet’s favourable stance on the protection which political controls can afford human rights relative to legal ones. Writing in a jurisdiction with no formal legal instrument of human rights enables the author to speak with experience of the operation of political controls in a ‘pristine parliamentary environment’. The author outlines the ineffectiveness in the Australian experience of counter-terrorism since September 11 of many of the mechanisms which Tushnet has suggested impose constraints upon the diminishment of liberties. The comment concludes that the essential condition for the enhancement of political controls is the presence of legal ones.
41
Beatrice, Megan. "A problem-solving approach to criminalised women in the Australian context". Alternative Law Journal 46, nr 1 (24.01.2021): 41–46. http://dx.doi.org/10.1177/1037969x20985104.
Pełny tekst źródłaStreszczenie:
The upward trend of incarceration rates persists among women in Victoria, with increasingly punitive sentencing and onerous new bail laws. At the same time, the complex needs of women in the criminal justice system are becoming the focus of greater study and documentation. This article presents the case for a specialist women’s list under the Magistrates’ Court of Victoria jurisdiction, based in principles of therapeutic jurisprudence and procedural justice. While the list aims to reduce offending by addressing criminogenic factors unique to women, the picture is far bigger; the Victorian Women’s Court ultimately promotes justice for women who commit crimes.
42
Hundley, Greg. "The Law and Union Membership in US State and Local Government". Journal of Industrial Relations 30, nr 2 (czerwiec 1988): 248–57. http://dx.doi.org/10.1177/002218568803000204.
Pełny tekst źródłaStreszczenie:
State and local government workers in the United States are covered by a wide variety of collective bargaining laws, thus providing a rare opportunity to analyse the effects of the law on union membership. Analysis of a large micro-data sample shows that several aspects of bargaining laws, particularly provisions relating to exclusive jurisdiction and union security, have a pronounced effect on the probability that a worker will be a union member. An individual covered by the right to strike is less likely to be a union member than an individual covered by a compulsory arbitration law. Estimates indicate that deregulation of an industrial relations system that provides incentivesfor unionism similar to those that exist in Australian policy would produce a dramatic decline in membership.
43
Ho, John Kong Shan, i Rohan Bruce Edward Price. "Reform of Charity Law in Hong Kong and Australia: What Lessons Can Be Learned from the United Kingdom?" Asian Journal of Comparative Law 6 (2011): 1–23. http://dx.doi.org/10.1017/s2194607800000557.
Pełny tekst źródłaStreszczenie:
AbstractSince 2001, a number of common law jurisdictions have initiated reforms to their charity law and the United Kingdom has taken the lead. This article examines what Hong Kong and Australia can learn from the United Kingdom in reforming their own outdated and fragmented charity laws. It is contended that the lessons and experiences of the United Kingdom provide good insights for Hong Kong and Australia as each jurisdiction anticipates implementing a broadly similar regime to the United Kingdom's to modernize regulation of their charity sectors. This article contends that there is no need to make a choice between retaining judicial decision-making over charities (inconsistent as it is) and establishing a type of charity commission which makes determining charitable status akin to a decision of a government department. Instead, Hong Kong and Australia can have charity commissions with missions that are sensitive to their own legal terrains but which are subject to judicial review.
44
Fernandez, Joseph. "Journalists’ confidential sources: Reform lessons from recent Australian shield law cases". Pacific Journalism Review 20, nr 1 (31.05.2014): 117. http://dx.doi.org/10.24135/pjr.v20i1.190.
Pełny tekst źródłaStreszczenie:
That journalism, especially journalism delving into serious impropriety, relies heavily upon a journalist’s ability to honour promises of confidentiality to sources, and therefore needs protection, has been well acknowledged. Former Attorney-General Philip Ruddock in proposing protection for journalists’ confidential sources—commonly referred to as shield law—in the first such major federal level initiative, said ‘[t]his privilege is an important reform to evidence law’ (Explanatory Memorandum, 2007); and in the circumstances then prevailing ‘the protection of journalists is too important an issue to wait’ (Philip Ruddock, Second Reading Speech, 2007). In one instance the court went so far as to say that the importance of source protection was ‘entirely unexceptionable and in accordance with human experience and common sense’ (Liu, 2010, para 51). Are journalists’ confidential sources better protected with the advent of statutory protection in several Australian jurisdictions? The media does not think so (MEAA, 2013). Former Attorney-General Mark Dreyfus observed towards the end of his term of office: ‘Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia’ (Dreyfus, 2013). The current Commonwealth government in relation to national uniform shield law is unclear. The Australian shield law framework beckons reform and recent events indicate some potential reform areas.
45
Mccarthy, Molly, Rick Trinkner i Phillip Atiba Goff. "The Threat of Appearing Racist: Stereotype Threat and Support for Coercion Among Australian Police Officers". Criminal Justice and Behavior 48, nr 6 (15.02.2021): 776–90. http://dx.doi.org/10.1177/0093854821993513.
Pełny tekst źródłaStreszczenie:
Recent research in the United States has argued that the threat of confirming the “racist cop” stereotype may paradoxically increase the propensity for coercive policing by depressing officers’ self-legitimacy. The current study aimed to assess the influence of the threat of the “racist cop” stereotype on officers’ self-legitimacy and their attitudes toward force in an Australian policing jurisdiction. An online survey was completed by 306 frontline officers in Queensland, Australia. Structural equation modeling was used to assess the influence of stereotype threat on officers’ attitudes toward force, and the extent to which this is mediated by perceptions of self-legitimacy. The findings confirmed previous findings, with increased officer perceptions of stereotype threat associated with increased support for coercive policing, mediated by reduced self-legitimacy. The findings are discussed with reference to how the validity and salience of the “racist cop” stereotype can be diminished.
46
Storey, Tony. "Unlawful and Dangerous". Journal of Criminal Law 81, nr 2 (kwiecień 2017): 143–60. http://dx.doi.org/10.1177/0022018317694715.
Pełny tekst źródłaStreszczenie:
The crime of unlawful act manslaughter (otherwise known as constructive manslaughter) exists in English and Australian common law. It is also an offence contrary to the Canadian Criminal Code. In all three jurisdictions the offence shares the same essential elements, including the requirements that the accused commit an act which is both unlawful and dangerous. This article will explore the case law on unlawful act manslaughter in Australia, Canada and England, focusing on the elements of an unlawful act and dangerousness, in order to identify similarities and differences in the application of the law in the three jurisdictions. Where differences are found, consideration will be given to the question whether English law should be reformulated.
47
Blackham, Alysia, i George Williams. "The Appointment of Ministers from outside of Parliament". Federal Law Review 40, nr 2 (czerwiec 2012): 253–85. http://dx.doi.org/10.22145/flr.40.2.6.
Pełny tekst źródłaStreszczenie:
Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
48
Fellows, Jamie, i Mark D. Chong. "Australian Secret Intelligence Service’s new powers: A step too far towards extraterritorial killings?" Alternative Law Journal 44, nr 4 (30.09.2019): 302–7. http://dx.doi.org/10.1177/1037969x19873479.
Pełny tekst źródłaStreszczenie:
This article examines recent amendments to the Intelligence Services Act 2001 (Cth) ( IS Act). The amendments provide Australian Secret Intelligence Service staff and agents with additional protection from Australian criminal prosecution when using force under certain circumstances in overseas jurisdictions. The authors assert that while well-intentioned, and despite new and existing oversight provisions, the amendments allow pre-emptive use of force that could potentially be used to justify carrying out extraterritorial killings of Australians and foreign nationals, thereby breaching the lawful boundaries of Australian Secret Intelligence Service’s functions.
49
Stephenson, Scott. "Is the Commonwealth’s approach to rights constitutionalism exportable?" International Journal of Constitutional Law 17, nr 3 (lipiec 2019): 884–903. http://dx.doi.org/10.1093/icon/moz057.
Pełny tekst źródłaStreszczenie:
Abstract This article considers whether the Commonwealth’s approach to rights constitutionalism, associated with the bills of rights adopted in Australia, Canada, New Zealand, and the UK, might be suitable for other jurisdictions around the world. It argues that three questions are particularly relevant to evaluating the strength of the normative case for the Commonwealth’s approach. First, what is the nature of the disagreements about rights in a jurisdiction? Second, what options do institutions have to challenge the determinations on rights of other institutions? Third, what are the other objectives of the constitutional system? The article considers how the answers to these questions yield insights into the circumstances in which the Commonwealth’s approach may prove to be more attractive or unattractive. In particular, it suggests that the normative case for the Commonwealth’s approach may be weaker in dominant party systems.
50
Grenfell, Laura, i Steven Caruana. "Are we OPCAT ready? So far, bare bones". Alternative Law Journal 47, nr 1 (23.01.2022): 54–59. http://dx.doi.org/10.1177/1037969x211065185.
Pełny tekst źródłaStreszczenie:
After ratifying the Optional Protocol to the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (OPCAT) in December 2017, Australia has had four years to prepare its National Preventive Mechanisms. Noting the deadline of January 2022, this article surveys the OPCAT-readiness of Australian jurisdictions. OPCAT aims to prevent ill-treatment in closed environments where people are deprived of their liberty through proactive and independent monitoring. The article observes that some Australian jurisdictions are not ready while others are taking a ‘bare bones’ approach to meeting Australia’s OPCAT obligations, and hence not paying adequate attention to the objects of the treaty.