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1
Lim, Ly Ly. "A Multicultural Act for Australia". Cosmopolitan Civil Societies: An Interdisciplinary Journal 10, nr 2 (27.07.2018): 47–66. http://dx.doi.org/10.5130/ccs.v10i2.5981.
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Multiculturalism as a public policy framework depends on states identifying cultural differences among their citizens as salient for resource allocation, political participation and human rights. The adoption of multiculturalism as a term and a framework signifies the recognition of a politics of difference within a liberal democratic framework of identities and aspirations. Yet the national government in Australia unlike any other country with espoused policies of multiculturalism has chosen to have neither human rights nor multicultural, legislation. This paper argues that multicultural societies require either or both sets of legislation to ensure both symbolic affirmation and practical implementation. Taking inspirations from international, Australian State and Territory based multicultural and diversity legislations, and modelling on the Australian Workplace Gender Equality Act of 2012, this paper explores what should be included in a national multicultural legislation and how it could pragmatically operationalise in Australia to express multiculturalism’s emancipatory agenda.
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Blay, Sam, i Julia Green. "The practicalities of domestic legislation to prohibit mining activity in Antarctica: a comment on the Australian perspective". Polar Record 30, nr 172 (styczeń 1994): 23–32. http://dx.doi.org/10.1017/s0032247400021008.
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AbstractAfter its rejection of the Minerals Convention adopted by the Antarctic Treaty Consultative Parties (ATCPs) in 1988, Australia took a major step in its domestic law by enacting the Antarctic Mining Prohibition Act of 1991 (AMPA), to reinforce its general objection to mineral resource activities in Antarctica and its commitment to the protection ofthe Antarctic environment. With the adoption of the Protocol on Environmental Protectionto the Antarctic Treaty (the Madrid Protocol) – which required the parties to take steps to implement its provisions, including the enactment of domestic legislation – Australia enacted the Antarctic Treaty (Environmental Protection) Act (ATEPA). The ATEPA is meant to replace the AMPA once the Madrid Protocol comes into force. The Protocol bans mineral resource activities in Antarctica and adopts a comprehensive regime toregulate all human activity in Antarctica in an effort to protect the region's environment. As legislation to implement the Protocol, the principal objectives of the ATEPAare to prohibit mineral resource activities in the Australian Antarctic Territory and toregulate all human activity that may have a direct impact on the environment in the area. It also prohibits Australian nationals from engaging in mineral resource activities elsewhere in Antarctica. Like Australia, a number of ATCPs have either adopted legislationor are developing legislation in their domestic legal systems to implement the Protocol.It is one thing for the Protocol to demand the adoption of domestic legislation to ensure compliance with its provisions, including the ban on mining; it is quite another thingto develop effective domestic legislation on the issue. Given the absence of any knowncommercially exploitable deposits of minerals in Antarctica, the likelihood of any mineralresource activity in the region is very remote. But should mining activity occur in Antarctica in breach of the Protocol, the enforcement of the ban could be fraught with practical, legal, and policy difficulties. This paper examines the domestic legislative efforts by Australia as a leading ATCP to ban mining activity in Antarctica. Even though the discussion focuses on Australia by examining its legislation, the problems and the issues raised in the Australian context are also relevant to other ATCPs generally and to claimants in particular.
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Joseph, Sally-Ann. "Taxing Sovereign Wealth Funds: Looking to Singapore for Inspiration". Federal Law Review 45, nr 1 (marzec 2017): 17–38. http://dx.doi.org/10.1177/0067205x1704500102.
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The taxation of sovereign wealth funds is an important issue for governments as they are both investors and need to attract investment. Operating in global markets, how these funds are taxed can affect investment location decisions. In Australia there are currently no legislative provisions for these investments and issues of residency, applicability and terminology hamper the use of tax treaties. The basis of how sovereign wealth funds are taxed in Australia is administrative where tax exemptions are provided on the basis of private ruling applications. It is an inefficient and costly process which lacks certainty. Over the period 2009 to 2011 the government of the day proposed legislating its practices dealing with sovereign wealth funds. In 2010 Singapore introduced a fund exemption scheme, markedly different from that proposed in Australia. Yet it is a method that is able to be adapted to the Australian income tax legislation. It avoids definitional issues by targeting the entities the policy aims to cover, is compatible with a self-assessment system and provides flexibility in policy making. Recommendations with accompanying considerations are made with respect to incorporating Singapore's tax exemption for sovereign wealth funds into the Australian tax legislation.
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Ryan, Christopher. "Australasian Psychiatry and Euthanasia". Australasian Psychiatry 4, nr 6 (grudzień 1996): 307–8. http://dx.doi.org/10.3109/10398569609082072.
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In May 1995, the Northern Territory of Australia became the first legislative jurisdiction in the world to introduce legislation specifically sanctioning active voluntary euthanasia. Shortly after the introduction of the legislation many of Australia's political leaders announced that they would support similar legislation in their jurisdictions and there nave already been attempts to pass such legislation elsewhere in Australia and in New Zealand.
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McCrystal, Shae, i Belinda Smith. "Industrial Legislation in 2010". Journal of Industrial Relations 53, nr 3 (czerwiec 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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Shahzad, Farhan. "P-092 INJURY MANAGEMENT PRACTICE IN AUSTRALIA AS AN OCCUPATIONAL PHYSICIAN". Occupational Medicine 74, Supplement_1 (1.07.2024): 0. http://dx.doi.org/10.1093/occmed/kqae023.0570.
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Abstract Introduction The proposed session is to discuss injury management consultation in Australia as legislation incorporated into the Workers’ Compensation system. Methods We will discuss the effect on Workers’ Compensation return-to-work timeframes and management outcomes. Discussion about the history and the progress of the Workers’ Compensation System in Australia. Discuss injury management consultation with Australian statistics. Comparative analysis of New South Sales and other states in Australia including Victoria, Australian Capital Territory, Queensland, Northern Territory, Western Australia and Tasmania. Results Outcomes of legislative support with occupational injury management promote the scope of work for occupational physicians. NSW has increased the scope of practice and employability for occupational medicine practitioners as authorized providers of occupational medical services with rehabilitation and return to work in workers’ compensation claims. Discussion The role of occupational physicians in Workers’ Compensation return to work is crucial. Conclusion Legislative inclusion of Occupational Medicine practitioners should be promoted in workers’ compensation government schemes.
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Forsyth, Anthony. "Industrial legislation in Australia in 2016". Journal of Industrial Relations 59, nr 3 (22.05.2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.
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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and setting up a new agency to enforce enhanced governance and accountability standards for registered unions and employer organisations. Legislative amendments aimed at resolving the long-running bargaining dispute in Victoria’s Country Fire Authority are also considered, along with the Government’s muted response to the 2015 Productivity Commission review of the workplace relations framework. The article then examines developments at state level, including a major rewrite of Queensland’s industrial legislation, structural changes in New South Wales, and proposed changes to long service leave and the labour hire sector in Victoria. It concludes by noting the irony that just as the federal Government has tasted some success after a long legislative ‘dry spell’, its labour law reform agenda appears limited and piecemeal.
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Fahey, James, i Rosemary Lyster. "Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms". Journal for European Environmental & Planning Law 4, nr 5 (2007): 378–92. http://dx.doi.org/10.1163/187601007x00316.
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AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent regulatory framework for geosequestration projects, using existing petroleum legislation. These efforts have been driven by a lack of existing Australian legislation that provides an adequate and discrete regime dealing with the issues of responsibility and liability for geosequestered gas, although the release of draft legislation in this area is now imminent. It assesses some State legislative attempts to allow for the underground storage of carbon dioxide, and argues that these fail to satisfactorily deal with the long term (indefinite) nature of the storage aspect of geosequestration projects. Finally, this article examines the States' and Commonwealth's powers to legislate in respect of the injection and storage of carbon dioxide.
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Rawling, Michael, i Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2017". Journal of Industrial Relations 60, nr 3 (20.04.2018): 378–96. http://dx.doi.org/10.1177/0022185618760088.
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This article examines key industrial legislation passed by federal Parliament in 2017. The main development in federal industrial legislation for this year, which passed with bipartisan support, saw a weakened Coalition Government (forced from its traditional industrial relations (IR) stance) act to improve protections for vulnerable workers. This initiative introduced extended liability provisions regulating franchisors and holding companies. However, these provisions are a narrow response to an economy-wide problem because they do not establish measures to better regulate supply chains, labour hire and gig economy arrangements for the protection of vulnerable workers. Back in more familiar territory, the Coalition Government managed to implement part of its agenda to further regulate unions by establishing legislation that criminalises bargaining payments by employers to unions. A constitutional crisis over the citizenship status of federal Parliamentarians prevented the Coalition Government from passing legislation designed to curtail trade union activities. The article also considers significant State legislative developments including the introduction of mandatory labour hire licensing laws in South Australia and Queensland, industrial manslaughter laws in Queensland and regulation of ridesharing arrangements in Victoria. The article concludes by contrasting federal criminal penalties against union activity with civil penalties for businesses that exploit vulnerable workers, before suggesting future directions in industrial legislation.
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Rawling, Michael, i Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018". Journal of Industrial Relations 61, nr 3 (1.05.2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.
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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempted to continue to prosecute its case for further union governance measures, this agenda has been less successful than in previous years, with key government Bills not yet passed by the Parliament. The stagnation in the federal Parliament continues to motivate certain State Parliaments to address worker exploitation, and the article goes on to examine key State industrial legislation passed in 2018 including the Victorian labour hire licensing statute. In light of the continuing dominant position of the federal Labor opposition in opinion polls and an impending federal election in 2019, the article concludes by briefly considering the federal Labor opposition's agenda for industrial legislation.
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BARANOVSKA, LILIYA, i NATALIIA ZHURAVEL. "LEGISLATIVE SUPPORT FOR HIGHER EDUCATION IN AUSTRALIA". Comparative Professional Pedagogy 13, nr 1 (25.05.2023): 28–36. http://dx.doi.org/10.31891/2308-4081/2023-13(1)-4.
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The article examines and analyses legislative support of higher education in Australia and compares it with the educational legislation of Ukraine. It is defined that Australia is a federal country and its education legislation is provided by the National and State Governments. The national government develops the national education policy and substantiates its guiding principles. The federal government is responsible for funding higher education and provides additional funding to the states. State and territory governments control all aspects of education except universities. The laws in this country are effective. In education, they are focused on improving the quality of professional training, forming such competences of higher education students that employers expect and that are appropriate for workplaces. Higher education in Australia is provided by universities and colleges, as well as institutions of the state-controlled TAFE (Technical and Further Education) system. Universities in Australia provide theoretical training for higher education applicants. Vocational education, focused on the development of specific skills for activities in a specific workplace, is provided by TAFE institutions. Their programmes are developed in partnership with business and industry communities.
In addition to the public TAFE system, there are also private vocational colleges. The legislative framework of higher education in Australia includes: Australian Education Act, Higher Education Act, Higher Education Support Act, Australian Qualifications Framework, Training Packages.
The latter outline the standards of professional skills that can be used to train and assess the competences of education seekers. Training Packages were developed in the process of national consultations with industry. Their goals are to determine the match between the demand for qualifications and the supply; encourage the development of a flexible and relevant workforce and training; ensure national recognition of professional and technical training results; support people in the choice of education and career.
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Choo, Christine. "The Impact of Asian - Aboriginal Australian Contacts in Northern Australia". Asian and Pacific Migration Journal 3, nr 2-3 (czerwiec 1994): 295–310. http://dx.doi.org/10.1177/011719689400300218.
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The long history of Asian contact with Australian Aborigines began with the early links with seafarers, Makassan trepang gatherers and even Chinese contact, which occurred in northern Australia. Later contact through the pearling industry in the Northern Territory and Kimberley, Western Australia, involved Filipinos (Manilamen), Malays, Indonesians, Chinese and Japanese. Europeans on the coastal areas of northern Australia depended on the work of indentured Asians and local Aborigines for the development and success of these industries. The birth of the Australian Federation also marked the beginning of the “White Australia Policy” designed to keep non-Europeans from settling in Australia. The presence of Asians in the north had a significant impact on state legislation controlling Aborigines in Western Australia in the first half of the 20th century, with implications to the present. Oral and archival evidence bears testimony to the brutality with which this legislation was pursued and its impact on the lives of Aboriginal people.
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Abdo, Linda, Sandy Griffin i Annabeth Kemp. "Apples for Oranges: Disparities in Offset Legislation and Policy among Jurisdictions and its Implications for Environmental Protection and Sustainable Development in Australia". Environmental Management and Sustainable Development 8, nr 1 (11.02.2019): 172. http://dx.doi.org/10.5296/emsd.v8i1.14081.
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As a signatory to Agenda 21, the Rio Declaration on Environment and Development, the 2030 Agenda for Sustainable Development (including the Sustainable Development Goals) and the Convention on Biological Diversity, Australia has an international obligation to ensure sustainable development. Biodiversity offsets are one tool used by Australian regulators to allow development to continue, whilst ensuring international obligations for sustainable development are met. In this study, legislation, policy and published guidelines for the Australian Commonwealth, states and territories were analysed to determine if the application of biodiversity offsets was consistent with the principles of sustainable development (environmentally, socially, economically) and if the allowance of biodiversity offsets in different jurisdictions created gaps in biodiversity and environmental protection across Australia. Regulation of biodiversity offsets was found to be inconsistent between the Commonwealth and the states and territories, with most jurisdictions having less than 50% similarity. This inconsistency in offset policy and legislation between jurisdictions could lead to loss of biodiversity. Additionally, jurisdictions did not adequately consider the social and economic aspects of sustainability in relation to biodiversity offsets, meaning that, through the allowance of biodiversity offsets, Australia may not be meeting their international obligations related to sustainable development. Further legislative development for biodiversity offsets is required in Australia to improve environmental protection and to adequately consider all aspects of sustainability. The Council of Australian Governments is a mechanism that could be used to ensure all jurisdictions consider the aspects of sustainability consistently in relation to biodiversity offsets.
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Stonebridge, Morgan, Di Evans i Jane Kotzmann. "Sentience Matters: Analysing the Regulation of Calf-Roping in Australian Rodeos". Animals 12, nr 9 (20.04.2022): 1071. http://dx.doi.org/10.3390/ani12091071.
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Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion. Despite these legal prohibitions, calf-roping, a common event at rodeos, is permitted in the majority of Australian jurisdictions. In recent times, calf-roping has generated significant public concern due to the potential for injury, pain or distress for the calves involved. This concern is evidently shared in some overseas jurisdictions, such as New Zealand, where animal advocacy organisations have filed a legal challenge asserting that rodeo events violate New Zealand’s animal welfare legislation due to the pain and distress inflicted on the animals. This commentary discusses these welfare concerns, the legislative inconsistencies between Australian jurisdictions and the problematic legal status of calf-roping in Australia.
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Garnett, Stephen T., Greg Williams, Gillian B. Ainsworth i Michael O'Donnell. "Who owns feral camels? Implications for managers of land and resources in central Australia". Rangeland Journal 32, nr 1 (2010): 87. http://dx.doi.org/10.1071/rj09047.
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This paper reviews the legislation relating to ownership of feral camels in Australia. We find that, as a general proposition, a feral camel is owned by neither the landowner nor the Government (the Crown), unless State or Territory legislation provides otherwise. This occurs in two limited situations and only for New South Wales and South Australia. Relevant State and Territory legislation can prescribe that feral camels cannot be taken or used without a relevant licence or permit, but only Western Australia and Queensland appear to do this. Lack of legislative certainty about ownership of camels has resulted in a clear market failure whereby there is also little or no private incentive to exercise control. This should be corrected by identifying explicitly that ownership is vested in the Crown. Legal analogues exist with respect to disease control and water management that could form the basis of an appropriate legislative framework.
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Garnett, Stephen T., Greg Williams, Gillian B. Ainsworth i Michael O'Donnell. "Erratum to: Who owns feral camels? Implications for managers of land and resources in central Australia". Rangeland Journal 32, nr 2 (2010): 257. http://dx.doi.org/10.1071/rj09047_er.
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This paper reviews the legislation relating to ownership of feral camels in Australia. We find that, as a general proposition, a feral camel is owned by neither the landowner nor the Government (the Crown), unless State or Territory legislation provides otherwise. This occurs in two limited situations and only for New South Wales and South Australia. Relevant State and Territory legislation can prescribe that feral camels cannot be taken or used without a relevant licence or permit, but only Western Australia and Queensland appear to do this. Lack of legislative certainty about ownership of camels has resulted in a clear market failure whereby there is also little or no private incentive to exercise control. This should be corrected by identifying explicitly that ownership is vested in the Crown. Legal analogues exist with respect to disease control and water management that could form the basis of an appropriate legislative framework.
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Allan, T. R. S. "Ad Hominem Legislation in Australia". Cambridge Law Journal 56, nr 1 (marzec 1997): 4–6. http://dx.doi.org/10.1017/s0008197300017542.
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Bird, Ruth. "Legal Research and the Legal System in Australia". International Journal of Legal Information 28, nr 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.
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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.
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Hastings, Sam, i Kate Doust. "An Overview of Post-Legislative Scrutiny in Western Australia". Journal of Southeast Asian Human Rights 3, nr 2 (5.12.2019): 231. http://dx.doi.org/10.19184/jseahr.v3i2.13599.
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Twenty years ago, the House of Lords Select Committee into the Constitution focused attention back onto the concept of post-legislative scrutiny. Since then, a clear framework and momentum for systematic post-legislative scrutiny has developed which has enabled parliaments to strengthen their role in the legislative process. However, there is a dearth of academic research into post-legislative scrutiny in Australian jurisdictions. Currently, there is no clear picture of the extent of post-legislative scrutiny in Western Australia and the factors in support, and challenges in implementing, systematic review of legislation. This article examines the extent of post-legislative scrutiny conducted by or overseen by the Parliament of Western Australia. An analysis of review reports and parliamentary debates reveals the outcomes of post-legislative scrutiny by the Executive. This article also examines outcomes of post-legislative scrutiny conducted by parliament through the application of the Westminster Foundation for Democracy’s Principles of Post-Legislative Scrutiny. Finally, barriers to post-legislative scrutiny by the legislature and options for reform are explored.
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Purse, Kevin. "Workplace Health and Safety Deregulation in South Australia". Journal of Industrial Relations 41, nr 3 (wrzesień 1999): 468–84. http://dx.doi.org/10.1177/002218569904100307.
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In July 1998 the Soutb Australian goverment released a Discussion Paper concern ing the future of occupational bealth and safety regulation in South Australia. In examining the paradigm shift proposed in the Discussion Paper, this paper highlights the importance of workplace health and safety as public polig issues in Australia and seeks to locate the Discussion Paper within the broader context of deregulatory changes in the administration of occupational health and safety legislation that have occurred in South Australia in recent years. It identifies several fundamental flaws in the proposals put forward for change and suggests that the major problem with tbe regulation of occupational health and safety in South Australia is the failure to effectively administer the legislation. The paper also advances a number of proposals designed to achieve greater compliance with the legislation. It concludes that the major proposals contained in the Discussion Paper are unlikely to find widespread practical expression.
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O'Connor, Margaret M., Roger W. Hunt, Julian Gardner, Mary Draper, Ian Maddocks, Trish Malowney i Brian K. Owler. "Documenting the process of developing the Victorian voluntary assisted dying legislation". Australian Health Review 42, nr 6 (2018): 621. http://dx.doi.org/10.1071/ah18172.
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Many countries across the world have legislated for their constituents to have control over their death. Commonalities and differences can be found in the regulations surrounding the shape and practices of voluntary assisted dying (VAD) and euthanasia, including an individual’s eligibility and access, role of health professions and the reporting. In Australia there have been perennial debates across the country to attempt legislative change in assisting a terminally ill person to control the ending of their life. In 2017, Victoria became the first state to successfully legislate for VAD. In describing the Victorian process that led to the passage of legislation for VAD, this paper examines the social change process. The particular focus of the paper is on the vital role played by a multidisciplinary ministerial advisory panel to develop recommendations for the successful legislation, and is written from their perspective. What is known about the topic? VAD has not been legal in an Australian state until legislation passed in Victoria in 2017. What does this paper add? This paper describes how the legislation was developed, as well as the significant consultative and democratic processes required to get the bill to parliament. What are the implications for practitioners? In documenting this process, policy makers and others will have an understanding of the complexities in developing legislation. This information will be useful for other Australian jurisdictions considering similar legislative changes.
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Duffy, Norman F. "The Genesis of Arbitration in Western Australia". Journal of Industrial Relations 28, nr 4 (grudzień 1986): 545–63. http://dx.doi.org/10.1177/002218568602800405.
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The use of compulsory arbitration for the determination of the conditions of employment has a long history in Australia. This paper covers the events leading up to the introduction of legislation for conciliation and for the compulsory arbitration of industrial disputes in Western Australia. After two bruising strikes and the experience of successful voluntary arbitration, the union movement came to the view that compulsory arbitration would be to their advantage. The development of political links between the unions and some members of the Legislative Assembly, coupled with certain fortuitous circumstances in the Parliament, resulted in arbitration legislation being passed in 1900—despite the dominance of the political scene by conservative forces and the opposition of the employers. Early experiences with the legislation showed that conciliation was not successful when arbitration was readily available and that the Act was not the answer to all the problems of the trade union movement.
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Esbati, Anahita, Margaret Barnes, Amanda Henderson i Jane Taylor. "Legislation, policies and guidelines related to breastfeeding and the Baby Friendly Health Initiative in Australia: a document analysis". Australian Health Review 42, nr 1 (2018): 72. http://dx.doi.org/10.1071/ah16067.
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Objectives The aim of the present study was to assess the extent to which publicly available legislation, policy and guidelines related to breastfeeding and the Baby Friendly Health Initiative (BFHI) underpin and support the uptake and implementation of the BFHI in Australia. Methods Altheide’s document analysis model (sample, data collection, data organisation, data analysis and report) was used to source and analyse publicly available legislation, policies and guidelines in Australia that were related to breastfeeding and the BFHI at national, state and professional organisational levels. Results Legislation documents contained no direct references to the BFHI or Code of Marketing of Breast-milk Substitutes, despite the documents being supportive of breastfeeding. There is little reference to the Code of Marketing of Breast-milk Substitutes or to monitoring of the Marketing in Australia of Infant Formulae (MAIF) Agreement at national and state levels. A gap exists in documents that provide up-to-date records regarding monitoring of breastfeeding rates at the national level. Conclusions National and state guidelines are supportive of breastfeeding and the BFHI. However, the BFHI and Code of Marketing of Breast-milk Substitutes are not legislated in Australia and information related to breastfeeding rates is not up to date. A legislative establishment supporting the Code and establishing plans to monitor the MAIF Agreement and breastfeeding outcomes may influence uptake and implementation of the BFHI. What is known about the topic? Extensive evidence supports the health and economic benefits of breastfeeding. Despite a high initiation rate of breastfeeding in Australia (96%) most recently reported in 2010, the rate of breastfed infants dropped considerably over time: approximately 15% of infants were breastfed for the recommended 6 months. Research supports the positive effect of the BFHI on increasing breastfeeding rates and improving breastfeeding outcomes. In 2016, there are 69 Baby-friendly-accredited maternity facilities across Australia, compared with 77 accredited facilities in 2011 (~23% of all maternity facilities). What does this paper add? This is the first document analysis of publicly available legislation, policy and guidelines related to breastfeeding and the BFHI at Australian national, state and professional organisational levels to assess the extent to which these documents support breastfeeding, as well as the uptake and implementation of the BFHI. This study identifies strengths and weaknesses at legislative, policy and guideline levels that could potentially influence the uptake and implementation of the BFHI. What are the implications for practitioners? The uptake and implementation of the BFHI is potentially influenced by legislation, policy and guidelines at national and state levels. Given the low uptake of the BFHI in Australia, this analysis outlines the extent to which these documents support breastfeeding and the BFHI, and indicates what these documents lack with regard to supporting the uptake and implementation of the BFHI.
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Maher, M., J. Nevill i P. Nichols. "Achieving river integrity through natural resource management and integrated catchment management legislative frameworks". Water Science and Technology 45, nr 11 (1.06.2002): 127–31. http://dx.doi.org/10.2166/wst.2002.0387.
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This paper reports on a project which further refines a model legislative framework first identified in a Land and Water Australia project in 1999. This framework is benchmarked against legislative excerpts from within Australian jurisdictions, as well as the major policy initiatives of the Council of Australian Governments (COAG) water reform agenda, the Commonwealth's National Action Plan on Salinity and Water Quality, and others. The model framework has been heavily influenced by current thinking on ecological systems, good governance, and organisational management. Another important product of the report is a statement of model statutory objectives and principles, suitable for use in water resource legislation.
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Bain, Alan. "Issues in the Integration of Regular and Special Education: An Australian Perspective". Australian Journal of Education 36, nr 1 (kwiecień 1992): 84–99. http://dx.doi.org/10.1177/000494419203600108.
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The purpose of this paper is to examine issues in the integration of Australian special education service delivery. Initiatives to combine regular and special education have become a focus of special education policy both in Australia and overseas in recent years. This trend will be examined from an Australian perspective. Problems associated with the implementation of integrated service delivery will be discussed and a rationale presented for the use of educational legislation as a basis for service delivery in an integrated system. The paper will also consider the viability of a legislative approach within the Australian legal constitutional framework.
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Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation". Victoria University of Wellington Law Review 43, nr 3 (1.09.2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.
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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewrite income tax legislation – in Australia, the United Kingdom and New Zealand.
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McGreevy, Paul, Sophie Masters, Leonie Richards, Ricardo J. Soares Magalhaes, Anne Peaston, Martin Combs, Peter J. Irwin i in. "Identification of Microchip Implantation Events for Dogs and Cats in the VetCompass Australia Database". Animals 9, nr 7 (5.07.2019): 423. http://dx.doi.org/10.3390/ani9070423.
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In Australia, compulsory microchipping legislation requires that animals are microchipped before sale or prior to 3 months in the Australian Capital Territory, New South Wales, Queensland and Victoria, and by 6 months in Western Australia and Tasmania. Describing the implementation of microchipping in animals allows the data guardians to identify individual animals presenting to differing veterinary practices over their lifetimes, and to evaluate compliance with legislation. VetCompass Australia (VCA) collates electronic patient records from primary care veterinary practices into a database for epidemiological studies. VCA is the largest companion animal clinical data repository of its kind in Australia, and is therefore the ideal resource to analyse microchip data as a permanent unique identifier of an animal. The current study examined the free-text ‘examination record’ field in the electronic patient records of 1000 randomly selected dogs and cats in the VCA database. This field may allow identification of the date of microchip implantation, enabling comparison with other date fields in the database, such as date of birth. The study revealed that the median age at implantation for dogs presented as individual patients, rather than among litters, was 74.4 days, significantly lower than for cats (127.0 days, p = 0.003). Further exploration into reasons for later microchipping in cats may be useful in aligning common practice with legislative requirements.
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Harvey, Nick. "Energy Related Projects and Environmental Impact Legislation in South Australia". Energy & Environment 5, nr 4 (grudzień 1994): 285–303. http://dx.doi.org/10.1177/0958305x9400500401.
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Australian projects designed for the production, distribution and use of energy are generally governed by specific legislation within individual States, mostly for the promotion and regulation of resource development. These projects are also subject to environmental protection provisions in Commonwealth and State legislation, in particular environmental impact assessment legislation, which has a much longer history than in Europe. This paper examines the application of the Commonwealth and the South Australian environmental impact assessment legislation to South Australian energy related projects, focusing on the period from 1982–1993. The paper notes the importance of the State government and its instrumentalities in all major energy supply and energy use projects. The paper also notes that significant energy related projects are subject to public scrutiny through the environmental impact assessment process in South Australia but that key energy policy decisions which may also have significant impacts are not subject to the same public scrutiny. The paper concludes by canvassing strategic environmental assessment options as an alternative to project based assessment for energy related projects.
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Bosma, Shane. "The impact of recent shipping reforms on the offshore oil and gas industry in Australia". APPEA Journal 53, nr 1 (2013): 203. http://dx.doi.org/10.1071/aj12017.
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This peer-reviewed paper focuses on the impact of recent shipping reforms on the offshore oil and gas industry in Australia. These reforms are: the wholesale rewrite of the Navigation Act 1912 (Cth) by the Navigation Act 2012 (Cth), and the introduction of the Marine Safety (Domestic Commercial Vessels) Act 2012 (Cth); the registration of ships in Australia and the regulation of coastal trading in Australia; and, the regulation of marine pollution in Australia. The regulatory framework for offshore oil and gas facilities, and the interaction between the maritime legislation and the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth)—specifically, how the legislation applies at different stages of the operation of offshore oil and gas facilities—is considered. Also considered is the Australian Government’s Stronger Shipping for a Stronger Economy shipping reform package, which aims to position the Australian shipping industry to take advantage of opportunities provided by an expanding export market. This peer-reviewed paper also considers the new offences for oil pollution from ships, the widened scope of liability to include charterers of ships for oil pollution, and the significantly increased penalties for pollution offences promulgated by the Maritime Legislation Amendment Act 2011 (Cth). The text was finalised in November 2012, and for that reason developments after this date have not been treated.
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Skead, Natalie, Tamara Tulich, Sarah Murray i Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, nr 3 (6.03.2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.
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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's legislation informed by our research, and identify pressing areas for reform.
31
McNamara, Philip. "Aboriginal Land Rights Legislation in Australia". Verfassung in Recht und Übersee 18, nr 4 (1985): 463–73. http://dx.doi.org/10.5771/0506-7286-1985-4-463.
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Schofield-Georgeson, Eugene, i Michael Rawling. "Industrial legislation in Australia in 2019". Journal of Industrial Relations 62, nr 3 (2.04.2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.
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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key policy trend, observable at both state and federal levels of government, towards regulation of aspects of industrial relations by the state that were once exclusively the province of employers and trade unions through a twentieth-century system of conciliation and arbitration.
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McCrystal, Shae, i Tashina Orchiston. "Industrial legislation in Australia in 2012". Journal of Industrial Relations 55, nr 3 (czerwiec 2013): 321–37. http://dx.doi.org/10.1177/0022185613480719.
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McCrystal, Shae. "Industrial legislation in Australia in 2013". Journal of Industrial Relations 56, nr 3 (7.03.2014): 331–44. http://dx.doi.org/10.1177/0022185614524314.
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Sutherland, Carolyn. "Industrial legislation in Australia in 2014". Journal of Industrial Relations 57, nr 3 (2.03.2015): 333–47. http://dx.doi.org/10.1177/0022185615571978.
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Forsyth, Anthony. "Industrial legislation in Australia in 2015". Journal of Industrial Relations 58, nr 3 (19.04.2016): 372–87. http://dx.doi.org/10.1177/0022185616636186.
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Barnett, Harvey. "Legislation‐based national security services: Australia". Intelligence and National Security 9, nr 2 (kwiecień 1994): 287–300. http://dx.doi.org/10.1080/02684529408432250.
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Goodin, M. "Clean indoor air legislation in Australia". Tobacco Control 4, nr 3 (1.09.1995): 294–95. http://dx.doi.org/10.1136/tc.4.3.294b.
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Kenyon, Georgina. "Assisted dying legislation in Victoria, Australia". Lancet Oncology 18, nr 1 (styczeń 2017): e8. http://dx.doi.org/10.1016/s1470-2045(16)30657-x.
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Clarke, Tenille. "Legislation in Australia: Social Control or Education?" Australian Journal of Environmental Education 17 (2001): 115–17. http://dx.doi.org/10.1017/s0814062600002512.
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The primary function of legislation in Australia is that of an educative one rather than an enforcement role. An example of legislation the main function of which is to educate is the Occupational Health and Safety Act, 1985 (O.H.&S. Act). The main aim of the Act is to legislate for a safe work place, breaches of the Act can induce human suffering, therefore the Act is designed to prevent workplace accidents, not to prosecute.The O.H.&S. Act was introduced after a time of social change. The sixties and seventies were times of protest on matters concerning equality for women and for many underprivileged groups. As a result of this, a demand for the rights of safety within the workplace followed. With the advent of the Act in 1985 came a legitimation to the premises of workplace health and safety. The demands for workplace health and safety were recognised by the government and it accommodated by legislating for a safe workplace. The OH & S Act satisfies a need to educate the public on workplace safety and the right to workplace rehabilitation after a workplace illness, by using many social mechanisms. These mechanisms include the set up of a beaurocratic organisation—Workcover, to administer the Act. Workcover educates the public through the use of training schemes, graphic television commercials and standards as a guide to correct practice. Evolution of the Act to management of safety by employers and employees demonstrated that legislation is a self-referential system that has feedback loops which are the result of the education of society. The mechanisms used in the processes of education are socially constructed. Legislation is therefore used to guide society into acceptance of an ideal/framework.
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Segal, Naomi. "Compulsory Arbitration and the Western Australian Gold-Mining Industry: A Re-Examination of the Inception of Compulsory Arbitration in Western Australia". International Review of Social History 47, nr 1 (kwiecień 2002): 59–100. http://dx.doi.org/10.1017/s0020859001000487.
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In 1900, Western Australia, a self-governing British colony, adopted compulsory conciliation and arbitration legislation, the first Australian colony to do so. This article focuses primarily on the roles the colonial state and capital played in the adoption of the legislation and proposes a broader, more complex explanation for the introduction of the legislation than current mainstream Western Australian historiography, which, mostly, constructed the event as an unproblematic regional labour triumph. This article argues that the legislation was passed to prevent disruption to gold mining, the industry driving the development of the colony, and to revive the flagging political fortunes of the colonial government. It asserts that the timing of the legislation pre-empted a more effective bill being introduced under conditions less favourable to capital. Organized labour, which, through its lobbying, had created consensus about the desirability of introducing the legislation, was unable to influence the shape of the legislation significantly.
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Kratzing, D. C., D. Moorefield i P. Coghlan. "AUSTRALIA'S FIRST SAFETY CASE". APPEA Journal 34, nr 1 (1994): 133. http://dx.doi.org/10.1071/aj93012.
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Significant changes have occurred to the Australian offshore legislative approach to safety following the Piper Alpha disaster and the COSOP Report. Operators of new facilities are now required to demonstrate that they have addressed all of their safety obligations through the preparation of a Safety Case.This paper outlines the new legislative responsibilities and describes the preparation and assessment of the Design and Operational Safety Cases for the Wandoo Production Test. Their format and content are presented, and some of the benefits and difficulties associated with both the preparation and review are discussed.These Safety Cases are the first considered under the new Australian legislation.
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Morton, Rochelle, i Alexandra L. Whittaker. "Understanding Subordinate Animal Welfare Legislation in Australia: Assembling the Regulations and Codes of Practice". Animals 12, nr 18 (15.09.2022): 2437. http://dx.doi.org/10.3390/ani12182437.
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The state-based approach to regulating animal welfare in Australia is thought to create national dis-uniformity in that each state and territory legislates and operates inconsistently. The animal welfare legal framework in each of the eight Australian jurisdictions is made up of a primary statute and subordinate legislation, where subordinate animal welfare legislation, in the forms of regulations and codes of practices, are lower-ranking laws that are given power under the jurisdiction’s specific animal welfare statute. Since a review of animal welfare statutes identified broad patterns between the jurisdictions, this study is intended to be complementary by collating the subordinate legislation to provide a more comprehensive understanding of animal welfare laws in Australia. Using targeted search strategies stemming from the eight enabling animal welfare statutes, this study identified 201 pieces of subordinate legislation in force between 28 March 2022 and 5 April 2022. The scope of subordinate legislation is depicted through the following utility categories of animals: companion, production, wild/exotic, entertainment. Whilst subordinate legislation differed between the jurisdictions, it was common for similar welfare concerns or topic areas to be protected in higher-order legislation (statutes or regulations). Additionally, many jurisdictions were found to have similar shortcomings, all which likely could be managed through a mechanism of national data collection.
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Bennett, India. "Political Barriers to Reform: Analysing Australia’s Legitimation of Its Guardianship Framework". Journal of Refugee Studies 35, nr 1 (30.12.2021): 615–40. http://dx.doi.org/10.1093/jrs/feab108.
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Abstract The guardianship of unaccompanied asylum-seeker children is a contentious aspect of Australian asylum-seeker law and policy. The current legislative framework for guardianship is curtailed by migration legislation and policy and is ineffective for realizing the rights of these children under international law. This paper contributes to existing scholarship on guardianship by critically examining political discourse on child asylum seekers. It combines the discourse-historical approach with doctrinal analysis to uncover the historical and political context and outcomes of the legislation. Critical discourse analysis examines statements made by politicians from both major Australian political parties and the parliamentary report rejecting the most recent attempt at reform. This paper reveals that, to reject reform and justify maintaining the status quo, the government has rationalized the detention of child asylum-seekers as essential to the success of deterrence measures, and moralized these measures by framing them as necessary to protect the lives of those attempting to reach Australia by boat.
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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.
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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.
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Kirkby, Kenneth C., i Scott Henderson. "Australia's mental health legislation". International Psychiatry 10, nr 2 (maj 2013): 38–40. http://dx.doi.org/10.1192/s174936760000374x.
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Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which are themselves the preserve of the Federal Parliament and legislature. UK legislation has had a key influence in Australia, the 1959 Mental Health Act in particular, with its strong emphasis on voluntary hospitalisation, prefacing deinstitutionalisation.
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Grantham, Ross. "To Whom Does Australian Corporate and Consumer Legislation Speak?" University of Queensland Law Journal 37, nr 1 (18.05.2020): 57–67. http://dx.doi.org/10.38127/uqlj.v37i1.4133.
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Is it feasible for regulation (and particularly legislation) effectively to communicate to the participants the rights, duties, processes, and procedures that embody the regulatory goals upon which they are meant to act. Looking at attempts in Australia to implement this regulatory strategy in the fields of corporate law andconsumer law, this article suggests that a more profound change would need to occur in the form and style of Australian legislation before such an approach is viable.
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Goldbarsht, Doron. "Who's the Legislator Anyway? How the Fatf's Global Norms Reshape Australian Counter Terrorist Financing Laws". Federal Law Review 45, nr 1 (marzec 2017): 127–51. http://dx.doi.org/10.1177/0067205x1704500106.
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This article focuses on the Australian implementation of the Financial Action Task Force (FATF) Recommendations, so-called ‘soft law’ instruments, which represent the international standards in Counter Terrorist Financing (CTF) but which force legislators to conform. The article will fill the gaps existing in the literature today by focusing on the origins and motives of broad CTF legislation in Australia, then detailing each of the FATF's CTF Recommendations and the ways in which they are implemented in Australia. This approach differs significantly from other literature in the field, which deals solely with Australian implementation of one of the FATF's components. The current paper's examination will reveal the CTF regime in Australia, a decade after the FATF's first CTF Mutual Evaluation Report on Australia, and its decisive influence.
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Anderson, Colin. "Viewing the proposed South African Business Rescuie Provisions from an Australian Perspective". Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 11, nr 1 (26.06.2017): 103. http://dx.doi.org/10.17159/1727-3781/2008/v11i1a2753.
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This article makes some comparisons between the Australian corporate rescue provisions and those proposed to be adopted in South Africa in the Companies Bill 2007. By so doing it may assist in the debate in South Africa over how the legislation is framed as the experience in Australia may be useful as an indicator of issues to be considered. One of the findings of the comparison is that the aims of the Australian legislation and that proposed in South Africa are almost identical. The article identifies a clear concern in the South African proposals with the position of employees which is not apparent in Australia. On the other hand there appears to be less concern in South Africa with the position of secured creditors than is evident in the Australian provisions. The article also notes that the South African proposals do not divide the procedure clearly into a decision-making stage and the period whilst the company is operating under the rescue plan. The Australian provisions provide for a clear break between a period where the creditors have yet to make a choice about the company’s future and the period once a plan (or deed of company arrangement) has been adopted. The article also finds that the South African model of rescue as proposed does cover many similar areas as identified in the Australian legislation. It therefore argues that there are sufficient similarities to suggest that much will be common in the experience if they are adopted into the legislation.
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Thorpe, Amelia. "Too little, too soon? An assessment of Australian carbon capture and storage legislation against the new standards set for the Clean Development Mechanism". Climate Law 3, nr 2 (2012): 139–63. http://dx.doi.org/10.1163/cl-2012-060.
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At the 2011 UN climate summit in Durban, agreement was reached on rules for the inclusion of carbon capture and storage as part of the Clean Development Mechanism. Advocates of the technology have hailed this as a major milestone, and it is widely predicted that the industry will now grow considerably. Australia, with significant geological formations and enabling legislation already in place at both federal and state levels, is likely to be one of the countries pioneering this growth. The CDM decision, being the first internationally agreed set of rules for CCS, provides an important benchmark against which to assess Australian legislation. In this context, the article reviews the legal frameworks for CCS in Australia. Interestingly, Australia’s CCS laws would not satisfy the standards set for host-country legal frameworks under the CDM. However, Australia does offer some lessons that may be useful for the regulation of CCS in other jurisdictions.