Artykuły w czasopismach na temat „Privacy, Right of Australia”
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Gronow, Alexandra. "Identifying victims of sexual harassment in the age of #MeToo: Time for the media to prioritise a victim’s right to privacy". Alternative Law Journal 46, nr 2 (25.03.2021): 120–27. http://dx.doi.org/10.1177/1037969x211003681.
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This article explores the practice of the media to unreasonably intrude on victims' privacy in Australia by reference to three women whose sexual harassment grievances were published by the media without their consent. This article argues that the protection of a victim’s privacy is a fundamental human right which should trump competing public interest considerations in the Australian context. In the absence of an established tort of privacy or bill or charter of human rights in Australia, the media must apply ethical journalism standards and abstain from identifying victims of sexual harassment without their consent.
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Sullivan, Clare. "Digital Citizenship and the Right to Identity in Australia". Federal Law Review 41, nr 3 (wrzesień 2013): 557–84. http://dx.doi.org/10.22145/flr.41.3.7.
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Australia has announced the need to review the distribution of responsibility among individuals, businesses and governments, as a consequence of the move to digital citizenship. Australia has formally framed the issues in these terms and has opened dialogue between government and citizens regarding responsibilities for the use and protection of digital identity. This article examines digital citizenship in Australia and considers the implications for individuals, government and the private sector of the requirement for an individual to use his/her digital identity for transactions. The features and functions of digital identity are examined, and the consequences for individuals, business and government of system failure are considered. The analysis shows that, while there are consequences for all, individuals are most affected. The author argues that the traditional approach of relying on privacy for protection is inadequate in these circumstances. Privacy, by its nature, cannot adequately protect the part of digital identity which is required for transactions. The argument presented is that, unlike privacy, the right to identity can protect the set of digital information required for transactions. Considering the new system is literally being imposed by government, the inherent vulnerabilities of the system, and the consequences of system failure for individuals, formal recognition of the right to identity is an essential element of accountable and responsible governance. Whilst in time the right to identity in this context may be recognised by the courts, the author argues that legislative recognition and protection of an individual's right to digital identity is needed now as a key component of the distribution of responsibility in this new digital era.
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Nicholls, Rob. "Right to Privacy: Telephone Interception and Access in Australia". IEEE Technology and Society Magazine 31, nr 1 (2012): 42–49. http://dx.doi.org/10.1109/mts.2012.2185274.
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van Dissel, B. M. P. "Social media and the employee's right to privacy in Australia". International Data Privacy Law 4, nr 3 (2.07.2014): 222–34. http://dx.doi.org/10.1093/idpl/ipu015.
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Dawson, Sophie, i Emma Croft. "Missing (in) Action: Where Are the Australian Data Breach Class Actions?" Global Privacy Law Review 3, Issue 3 (1.09.2022): 190–94. http://dx.doi.org/10.54648/gplr2022019.
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Data breach class actions have been a feature of the privacy landscape in the US and UK since as early as 2002. While Australia has experienced a surge in regulatory actions brought in respect of data breaches, we have yet to see an uptick in consumer actions in Australia. An action was brought in 2018, however it settled prior to receiving judicial consideration. This article provides some examples of the difficulties of bringing such actions in Australia, both at a substantive and procedural law level. We also highlight some proposed upcoming legislative changes which may have an impact in this space, including the proposed introduction of a tort of privacy and direct right of action in respect of interferences with privacy under the Privacy Act 1988 (Cth) (Privacy Act). Privacy, Data, Breach, Cybersecurity, Australia, Litigation, Court, Class Action, Reform
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Cooper-Boast, Amy, i Brooke Hall-Carney. "Lloyd v. Google LLC, and How Australia Is Tackling Privacy and Data Breach Litigation". Global Privacy Law Review 3, Issue 3 (1.09.2022): 195–99. http://dx.doi.org/10.54648/gplr2022020.
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The much-anticipated judgment of the UK Supreme Court in Lloyd v. Google LLC [2021] UKSC 50; [2021] 3 WLR 1268 was handed down in November 2021. The decision challenges the notion that one’s data and its loss of control has an inherent value which is actionable in its own right. It is welcomed by Big Tech, other organizations that control data, and their insurers. The decision is a key case in the broader landscape of accountability of technology companies and is indicative of the disparity in data protection and privacy rights across different jurisdictions. This case note examines the key points arising from the case, and the comparable landscape for privacy and data breach litigation in Australia. Lloyd v. Google, Google, Privacy, Data Breach, Data Protection, Litigation, Australia, United Kingdom, Class Action
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Harris, Bede. "Human Rights and the Same-Sex Marriage Debate in Australia". Journal of Politics and Law 10, nr 4 (30.08.2017): 60. http://dx.doi.org/10.5539/jpl.v10n4p60.
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Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.
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Petrie, Nicholas. "Reforming the Remedy: Getting the Right Remedial Structure to Protect Personal Privacy". Deakin Law Review 17, nr 1 (1.10.2012): 121. http://dx.doi.org/10.21153/dlr2012vol17no1art71.
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Politicians, journalists and academics have exhausted many hours over the last decade debating the question of whether Australia should have a statutory cause of action for invasion of personal privacy. In the midst of this ongoing debate, a simple question has often been overlooked: what remedies should be available to a person whose privacy been breached? In posing and answering that question, it is argued that a wide range of remedies for intrusions of personal privacy should be available to the courts. Perhaps most controversially, the author asserts that exemplary damages, which aim to punish defendants and deter future breaches of the law, should be available for the most heinous breaches of personal privacy.
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Heemsbergen, Luke, i Angela Daly. "Leaking Boats and Borders: The virtu of surveilling Australia’s refugee population". Surveillance & Society 15, nr 3/4 (11.06.2017): 389–96. http://dx.doi.org/10.24908/ss.v15i3/4.6629.
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When refugees displaced to Australia’s offshore detention do speak, it is through surveillance upended through publicity and violations of privacy. Weak legal rights to privacy in Australia juxtapose the increasing secrecy under which the Australian state operates its own offshore detention centres (Manus Island and Nauru) while increasing the mandate of data retention at home. Australia’s institutional context offers visibility to these concerns of surveillance whereby we find an acceleration of prohibitive privacy for government and prohibitive transparency for individuals. Our analysis of this country synthesises media-law in practice with theories of mediated visibility (Flyverbom 2016, 2017; Brighenti 2010), to understand Australian privacy, media and immigration law in the context of pervasive surveillance and the radical management of visibility. Our contribution speaks to applicable privacy concerns for states grappling with invasive data collection and its relation to the (prohibiting of the private) voice of the surveilled, which we see as doubly acute for those left vulnerable in Australia’s borderzones.
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Akel, William. "Privacy and the global media in the information age". Pacific Journalism Review : Te Koakoa 13, nr 1 (1.04.2007): 40–57. http://dx.doi.org/10.24135/pjr.v13i1.883.
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The protection of privacy is being increasingly recognised worldwide by the courts, and media regulators, as a result of what is seen as a more powerful and intrusive media, and the effect of the internet. A right to privacy may even apply in a public place. This article examines the impact this has on the media in the information age? New Zealand now has a tort of interference with privacy. The criminal courts are also considering privacy values in issues ranging from suppression orders to release of court information to the public. The Broadcasting Standards Authority has revised its privacy principles. Codes of conduct with regard to the print media also acknowledge privacy. But the protection of privacy has its genesis in the 1890s and not in the digital age. A seminal article by Warren and Brandeis, ‘The Right to Privacy’ (1890), was a reaction to what was at that time seen as an over-powerful media. United States jurisprudence evolved to the Prosser and Keeton formulation in the 1960s. New Zealand jurisprudence has relied on this formulation to advance privacy rights. The English courts have taken a similar approach in the much publicised Douglas v Hello! and Naomi Campbell cases. The European courts, as a reaction to an overactive paparazzi, have pushed the bounds of privacy in the Peck and Princess Caroline cases. The High Court of Australia considered privacy in Lenah Game Meats Pty Ltd. Finally, the International Covenants and protection of privacy.
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Keyzer, Patrick. "Freedom of speech issues in Peach v Toohey and a hypothetical variant of that case". Pacific Journalism Review : Te Koakoa 10, nr 1 (1.04.2004): 139–52. http://dx.doi.org/10.24135/pjr.v10i1.784.
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The purpose of this article is to consider the tensions within Australian free speech jurisprudence based on a hypothetical variant of the facts of the decision of the Supreme Court of the Northen Territory in Peach v Toohey. In particular, this article briefly explores the competing legal interests that operate when journalists seek access to restricted areas, in this case aborginal land, in the course of an investigation. After considering the case and the issues it raises the author develops a hypothetical that draws out some of the deeper tensions in this area of the law. The article concludes with proposals for new apporoaches to the test developed by the High Court of Australia in Lange v Australian Broadcasting Corporation for the balancing of freedom to discuss political and governmental affairs—including the public right to know — against other legitimate objectives such as the maintence of property rights and the privacy interests that can be associated with propety rights.
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Mann, Monique, Angela Daly, Michael Wilson i Nicolas Suzor. "The limits of (digital) constitutionalism: Exploring the privacy-security (im)balance in Australia". International Communication Gazette 80, nr 4 (15.03.2018): 369–84. http://dx.doi.org/10.1177/1748048518757141.
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This article explores the challenges of digital constitutionalism in practice through a case study examining how concepts of privacy and security have been framed and contested in Australian cyber security and telecommunications policy-making over the last decade. The Australian Government has formally committed to ‘internet freedom’ norms, including privacy, through membership of the Freedom Online Coalition (FOC). Importantly, however, this commitment is non-binding and designed primarily to guide the development of policy by legislators and the executive government. Through this analysis, we seek to understand if, and how, principles of digital constitutionalism have been incorporated at the national level. Our analysis suggests a fundamental challenge for the project of digital constitutionalism in developing and implementing principles that have practical or legally binding impact on domestic telecommunications and cyber security policy. Australia is the only major Western liberal democracy without comprehensive constitutional human rights or a legislated bill of rights at the federal level; this means that the task of ‘balancing’ what are conceived as competing rights is left only to the legislature. Our analysis shows that despite high-level commitments to privacy as per the Freedom Online Coalition, individual rights are routinely discounted against collective rights to security. We conclude by arguing that, at least in Australia, the domestic conditions limit the practical application and enforcement of digital constitutionalism’s norms.
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Kemp, Katharine. "Strengthening Enforcement and Redress Under the Australian Privacy Act". Global Privacy Law Review 3, Issue 3 (1.09.2022): 150–62. http://dx.doi.org/10.54648/gplr2022016.
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The regulatory regime provided by the Privacy Act 1988 (Cth) has long been criticized for its limited effectiveness in providing both remedies for individuals and guidance and deterrence for entities obliged to comply with the statute. Key concerns include the restricted rights of redress for individuals, and the inadequate powers and funding of the federal privacy regulator, the Australian Information Commissioner. In the last three years, the Australian Competition & Consumer Commission (ACCC) has begun to take on an important role in advocating for reform of Australia’s privacy law, assessing the potential anticompetitive effects of the data practices of digital platforms, and actively litigating privacyrelated misleading conduct matters under the Australian Consumer Law (ACL). This article describes the contrast in the roles, powers and funding of these two regulators and makes proposals for reform which would assist in providing Australians with appropriate access to justice in directly redressing privacy wrongs beyond organizations’ misleading representations about data practices. Australia, Data Privacy, Privacy Regulators, Enforcement, Redress
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Teicher, Julian, Anne O’Rourke i Amanda Pyman. "The Right to Privacy and the Conceptualisation of the Person in the Workplace: A Comparative Examination of EU, US and Australian Approaches". International Journal of Comparative Labour Law and Industrial Relations 23, Issue 2 (1.06.2007): 161–94. http://dx.doi.org/10.54648/ijcl2007009.
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This paper examines the emerging debate on workplace privacy regulation in Australia by reference to related developments in the United States, the United Kingdom and selected European countries. Exploring the theoretical underpinnings and practical outcomes of the different approaches, the authors argue that Australia should reject the market-friendly model exemplified by the United States approach and adopt the more comprehensive and integrated approach found in Europe.
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Nicholls, Rob. "Reform in Australia: A Focus on Informed Consent". Global Privacy Law Review 3, Issue 3 (1.09.2022): 177–89. http://dx.doi.org/10.54648/gplr2022018.
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This article analyses the Australian privacy framework in the context of both the Australian Competition and Consumer Commission’s Digital Platforms Inquiry (DPI) and the Consumer Data Right (CDR). This analysis extends to informed consent and attitudes to unfairness and unconscionability. The article offers potential solutions to the current patchwork approach which go further than the Government response to the DPI. It argues that the Australian Government’s response is not an adequate response nor a set of suitable solutions to the problem. The article proposes a two-pronged approach that recognizes the urgency of the issue through the suggestion of a series of ‘quick policy wins’ that will result in more meaningful and effective protection for consumers and further systemic, long-term recommendations for change that can be achieved through policy development, further consultation and integration with other existing legislation. The quick policy wins centre on three specific changes, including definitional updates, content and structure of online standard form agreements and enforcement, penalties and sanctions, and long-term solutions. The long-term solutions are proposed to include regulation of website design, better integration of the laws, regulators and enforcement bodies, a faster, more consistent pace of policy review and recognition of the societal and human benefit of informed consent to online standard form agreements. Australia, Digital Platforms, Consumer Data Right, Informed Consent, Reform
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Mann, Monique, Michael Wilson i Ian Warren. "Smart Parenting? The Internet of Things, Children’s Privacy, and Data Justice". International Journal of Children’s Rights 30, nr 1 (14.02.2022): 204–31. http://dx.doi.org/10.1163/15718182-30010008.
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Abstract This paper examines children’s privacy and the Internet of Things (IoT). After describing the operation of IoTs directly marketed to and for children, we outline research concerning the surveillance of children and issues associated with children’s right to privacy, including the role of parents or guardians in protecting their children’s right to privacy. We then present the findings of a survey of Australian IoT consumers and non-consumers (n = 1,052), which shows parents and guardians who purchase IoTs care about their children’s privacy and are concerned about practices of corporate surveillance. Finally, our data show that female parents or guardians have lower rates of privacy literacy than males. Analysed through the lens of data justice (Dencik et al., 2016), we argue the protection of children’s privacy rights must be understood with regard to broader structural factors, such as gender discrimination and digital housekeeping, and ultimately requires addressing corporate practices that characterise the contemporary surveillance landscape.
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Taylor, Mark, Megan Richardson i Stacey Steele. "Introduction: Privacy and Pandemics". Law, Technology and Humans 3, nr 1 (4.05.2021): 1–5. http://dx.doi.org/10.5204/lthj.1924.
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This set of articles in this special issue illustrate a number of ways that the realities of a global pandemic may challenge different perspectives on privacy protection and the appropriate relationship with other rights and responsibilities. They arose from a virtual roundtable, held on 15 June 2020 at Melbourne Law School, under the aegis of the Privacy and Pandemics Information Network. The network was formed as a rapid response to the overwhelming number of privacy issues being raised almost simultaneously by, or as a result of, the various government and private actor attempts to deal with COVID-19 in Australia and around the world.
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David, Fiona, i Jake Blight. "Understanding Australia’s Human Rights Obligations in Relation to Transsexuals: Privacy and Marriage in the Australian Context". Deakin Law Review 9, nr 2 (1.11.2004): 310–25. http://dx.doi.org/10.21153/dlr2004vol9no2art246.
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This article examines recent European jurisprudence on the rights of transsexuals to privacy and marriage. The authors argue that Australia’ s obligations under the ICCPR should be understood in light of this jurisprudence. On this basis, Australia is obliged to ensure that its authorities: (a) legally recognise the changed gender of post-operative transsexuals; and (b) permit the marriage of post-operative trans- sexuals to persons of the opposite gender to their re-assigned gender. The authors note the continuing uncertainty around the extension of these rights to transsexuals who have not had ‘surgery’ but argue in favour of extending ICCPR rights in this way. The authors also consider the legal situation regarding privacy and marriage for transsexuals in Australia. Like the international jurisprudence, Australian laws have not dealt with the situation of transsexuals who have not had surgery. The authors argue that legal distinctions based on the surgical model are more about providing certainty than they are about ensuring the rights and dignity of the people affected. Given Australia’s human rights obligations, it would be more appropriate for consideration to be given to the full range of social and cultural factors that affect whether a person is considered to be a man or a woman.
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Bin Othman, Mohd Bahrin, i Muhammad Faiz Bin Abu Samah. "The Australian Privacy Act 1988: Lesson to Be Learned". Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, nr 9 (30.09.2022): e001766. http://dx.doi.org/10.47405/mjssh.v7i9.1766.
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Privacy is a fundamental human right recognized either explicitly or implicitly all around the world constitution. However, these privacy rights are being eroded by advanced technologies. The efficiency of the Australian Privacy Act 1988 being a non-European Union state in governing the protection of personal data is remarkable. The purpose of this paper is to shed light on how the Australian Privacy Act 1988 can be used as a benchmark for the Malaysian Personal Data Protection Act 2010. Thus, this paper employs a doctrinal qualitative method to best explore the ideas and concepts within the literature available regarding the legislation for the protection of personal data. It suggests that there are improvements to be made for the Malaysian Personal Data Protection Act 2010 to be adequate.
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Jackson, Margaret. "The effect of the proposed national data protection regime on the health sector in Australia". Australian Health Review 20, nr 1 (1997): 1. http://dx.doi.org/10.1071/ah970001.
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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.
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Мочалов, Артур Николаевич. "ON THE ESTABLISHMENT OF THE POSITION OF OMBUDSMAN FOR THE PROTECTION OF HUMAN RIGHTS WHEN USING INFORMATION TECHNOLOGIES IN RUSSIA". Rule-of-law state: theory and practice 18, nr 2(68) (4.07.2022): 27–39. http://dx.doi.org/10.33184/pravgos-2022.2.3.
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The article argues for the need to introduce the position of specialized ombudsman in the Russian Federation, whose competence will include the protection of human rights in the digital space, including the Internet. Purpose: to formulate and substantiate proposals for the establishment of the position of ombudsman for the protection of human rights in the field of information and telecommunication technologies. Methods: the research is based on the comparative legal method. The author analyzes the experience of foreign countries – Australia, Canada, Belgium, New Zealand, where independent state institutions operate to protect the rights of individuals when using information technologies, including the right to information and the right to privacy. The method of interpretation of legal norms and provisions of strategic documents of the Russian Federation is also applied. Results: analyzing Russian practice, the author concludes that federal executive authorities, in particular Roskomnadzor (Federal Service for Supervision of Communications, Information Technology and Mass Media), whose functions include the protection of the rights of subjects of personal data, cannot be considered as analogous human rights institutions. They are not independent and, therefore, cannot take sufficient action if other government agencies act as violators. For this reason, it is concluded that it is advisable to establish a specialized ombudsman.
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Cornish, René, i Kieran Tranter. "The Cultural, Economic and Technical Milieu of Social Media Misconduct Dismissals in Australia and South Africa". Law in Context. A Socio-legal Journal 36, nr 2 (16.05.2020): 1–32. http://dx.doi.org/10.26826/law-in-context.v36i2.113.
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The intersection between social media activity and employment is an emerging global issue. This article examines the cultural, economic and technical milieu that has generated contested social media misconduct dismissals in Australia and South Africa. Through an analysis of 42 Australian and 97 South African decisions, it is argued that the ubiquitous, enduring and open nature of social media affects employment quite differently depending on country specific factors. In Australia, the absence of entrenched political rights has meant that employee social media use is not subject to reasonable expectations of privacy. However, there is also tolerance for a certain level of larrikin behaviour. In South Africa, the existence of enshrined rights manifests differently in the context of social media dismissal. Within a culturally diverse population with deeply fractured race relations, the decisions reveal a White minority still perpetuating dominance over a historically disadvantaged Black workforce.
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Fitz-Gibbon, Kate, i Sandra Walklate. "The efficacy of Clare’s Law in domestic violence law reform in England and Wales". Criminology & Criminal Justice 17, nr 3 (2.10.2016): 284–300. http://dx.doi.org/10.1177/1748895816671383.
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In 2011 the high profile murder of Clare Wood led to the introduction of the national domestic violence disclosure scheme (‘Clare’s Law’) in England and Wales. The scheme aims to prevent the perpetration of violence between intimate partners through the sharing of information about prior histories of violence. Despite already spreading to comparable jurisdictions in the UK and Australia, to date the merits of a domestic violence disclosure scheme have been the subject of limited scholarly review and analysis. This article provides a timely critical analysis of the need for and merits of Clare’s Law. It examines the data impediments to the scheme, the need to balance the right to protection with the right to privacy and the question of victim empowerment versus responsibilization and victim blaming. The article concludes that there is a need to heed caution in adopting this policy elsewhere.
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Dyl, Krzysztof, i Grzegorz Janicki. "DOZÓR ELEKTRONICZNY". Zeszyty Prawnicze 5, nr 2 (14.06.2017): 197. http://dx.doi.org/10.21697/zp.2005.5.2.09.
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Electronic MonitoringSummaryThe main reason for bringing up the idea of electronic monitoring program is not only the bill submitted by a group of members of parliament, but also its advantages for offenders and the society.The concept of electronic monitoring of offenders, first conceived by an American psychologist, Dr. Robert Schweitzgebel in the 1960s, has been developed and implemented in many countries (USA, Canada, the United Kingdom, Australia, New Zealand, Singapore, South Africa, Sweden and Holland.) Programs based on electronic monitoring provide offenders with a more human contact and give opportunities for rehabilitation and reintegration. Electronic monitoring can be used on a number of offenders and suspect groups and situations, including pre-trial defendants, defendants on a conditional release and convicts on probation, parole or house arrest. Electronic monitoring also seems to be an efficient way to keep the budgets under control.The article presents the main problems connected with the idea of electronic monitoring, such as: technical and criminological aspects, aspects related to human rights - the right to privacy, the right to equality - influence on the offender’s family, chances to avoid negative consequences of incarceration. It is certain that bringing electronic monitoring program into effect in Poland should be preceded by a thorough analysis of programs already introduced in other countries - that is why the article tries to compare and contrast programs effective in some of the countries (United Kingdom, Germany, United States, Australia). Furthermore the article presents opinions on the electronic monitoring expressed by Polish probation officers and penal judges as well as their hopes and anxieties.
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Smith, Marcus. "Universal forensic DNA databases: Balancing the costs and benefits". Alternative Law Journal 43, nr 2 (czerwiec 2018): 131–35. http://dx.doi.org/10.1177/1037969x18765222.
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The article considers the potential costs and benefits from the implementation of a universal forensic DNA database in Australia. In particular, it considers the impact that a database of this type would have on current issues associated with the use of DNA evidence in criminal investigation and prosecution, along with the relevant individual rights considerations. The article discusses the potential impact such a database would have on privacy rights, and balances these impacts against possible benefits, such as making investigations more targeted and efficient. The development of a database of this type is also discussed in light of the development of DNA and other biometric databases in Australia and other jurisdictions around the world.
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Toy, Alan, David Lau, David Hay i Gehan Gunasekara. "The views of privacy auditors regarding standards and methodologies". Meditari Accountancy Research 27, nr 3 (3.06.2019): 366–98. http://dx.doi.org/10.1108/medar-07-2018-0367.
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Purpose This paper aims to uncover the practices of different privacy auditors to reveal the extent of any similarities in such practices. The purpose is to investigate the drivers of practices used by privacy auditors and to identify potential for improvements in the practice of privacy auditing so that privacy audits may better serve stakeholders. Design/methodology/approach Six semi-structured interviews with seven privacy auditors and regulators and an analyst across Australia, Canada, New Zealand and the USA are used as the basis for our analysis. Findings The study shows that some privacy auditors view privacy as an organizational issue, which means that all staff within an organization should understand the privacy issues that are relevant to the organization and to its customers. Because this practice goes beyond a mere compliance approach to privacy auditing, it indicates that there is a way to avoid the approach of merely applying standards from national data privacy laws which is an approach that has been subject to criticism because it is not applicable to the current situation of global applications and cross-border data. The interview themes demonstrate that privacy audits face significant challenges, such as the lack of a privacy auditing profession and the difficulty of raising the awareness of organizations and individuals regarding information privacy rights and duties. Originality/value Privacy auditing is mostly unexplored by academic research and little is known about the drivers behind the practice of privacy auditing. This study is the first to document the views of privacy auditors regarding the practices that they use. It also presents novel results regarding the drivers of the practice of privacy auditing and the interests of the beneficiaries of privacy audits. It builds on research that argues for the existence of best practices for privacy (Toy, 2013; Toy and Hay, 2015) and it extends this argument by providing reasons why privacy auditors may benefit from the use of best practices for privacy.
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Lodders, Adam, i Jeannie Marie Paterson. "Scrutinising COVIDSafe: Frameworks for evaluating digital contact tracing technologies". Alternative Law Journal 45, nr 3 (18.08.2020): 153–61. http://dx.doi.org/10.1177/1037969x20948262.
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Digital technologies are being used to combat the coronavirus disease 2019 (COVID-19) pandemic through a variety of methods, including monitoring compliance with quarantine and contact tracing. These uses of technology are said to promote public health outcomes but risk undermining rights to privacy. In this article we focus on the use of digital technologies for contact tracing, such as the COVIDSafe app used in Australia. We explore the kind of framework that might be used for evaluating the design, deployment and governance of such technologies to ensure they operate in a manner that is proportionate to the ends to be achieved. We conclude that, in addition to issues of privacy, any use of contact tracing technology should address important considerations of efficacy, equity and accountability.
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Saunders, Carla, i David J. Carter. "Right care, right place, right time: improving the timeliness of health care in New South Wales through a public–private hospital partnership". Australian Health Review 41, nr 5 (2017): 511. http://dx.doi.org/10.1071/ah16075.
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Objective The overall aim of the study was to investigate and assess the feasibility of improving the timeliness of public hospital care through a New South Wales (NSW)-wide public–private hospital partnership. Methods The study reviewed the academic and professional grey literature, and undertook exploratory analyses of secondary data acquired from two national health data repositories informing in-patient access and utilisation across NSW public and private hospitals. Results In 2014–15, the NSW public hospital system was unable to deliver care within the medically recommended time frame for over 27 400 people who were awaiting elective surgery. Available information indicates that the annual commissioning of 15% of public in-patient rehabilitation bed days to the private hospital system would potentially free up enough capacity in the NSW public hospital system to enable elective surgery for all public patients within recommended time frames. Conclusions The findings of the study justify a strategic whole-of-health system approach to reducing public patient wait times in NSW and highlight the need for research efforts aimed at securing a better understanding of available hospital capacity across the public and private hospital systems, and identifying and testing workable models that improve the timeliness of public hospital care. What is known about the topic? There are very few studies available to inform public–private hospital service partnerships and the opportunities available to improve timely health care access through such partnerships. What does this paper add? This paper has the potential to open and prompt timely discussion and debate, and generate further fundamental investigation, on public–private hospital service partnerships in Australia where opportunity is available to address elective surgery wait times in a reliable and effective manner. What are the implications for practitioners? The NSW Ministry of Health and its Local Health Districts have the potential to realise a key objective, namely to deliver the ‘right care, in the right place, at the right time’, through the core value of collaboration, using available infrastructure.
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Kincaid, Peter. "Third Parties: Rationalising a Right to Sue". Cambridge Law Journal 48, nr 2 (lipiec 1989): 243–70. http://dx.doi.org/10.1017/s0008197300105306.
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In a revolutionary but unsatisfactory recent decision, the High Court of Australia has allowed a third-party beneficiary of an insurance contract a right to sue the promisor. The decision casts doubt upon the whole doctrine of privity and ultimately upon bargain as the theoretical basis of promissory liability. The Trident case is unsatisfactory not because it allowed a third-party beneficiary a cause of action or because it challenges privity and bargain, but because it offers no satisfactory replacement for the theory of bargain. The reasons the court gave for recognising a right to sue are weak and inconsistent with the common law's approach to questions of civil liability. That approach is to give a plaintiff a cause of action against a defendant not solely because of something the defendant has done, but because there is a legally relevant link between what he has done and the plaintiff's condition. That is, the plaintiff must, in order to establish a right, satisfy some criterion for linking the defendant's behaviour to his complaint.
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Dixon, Olivia. "‘Pretaliatory’ Enforcement Action for Chilling Whistleblowing through Corporate Agreements: Lessons from North America". Federal Law Review 46, nr 3 (wrzesień 2018): 427–53. http://dx.doi.org/10.1177/0067205x1804600304.
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Studies have shown that potential whistleblowers are reluctant to report misconduct because they fear retaliation. In Australia, fear of retaliation is exacerbated for private-sector employees where the lack of prescriptive legislation aggravates vulnerability in all but exceptional circumstances. Through examining the codes of conduct of Australia's 100 largest listed companies (‘Codes’) this article argues that while Codes have the potential to provide an important regulatory function through facilitating whistleblowing, the breadth of confidentiality undertakings contained therein may instead be chilling potential whistleblowers from speaking up. While companies have legitimate interests in protecting confidential information, it is well-established that employees may disclose their employer's unlawful conduct to the government, even if such disclosure is in violation of the company's confidentiality policy. To affirm this right, in the United States (US), federal regulators have recently taken ‘pretaliatory’ enforcement action against companies for requiring employees to execute confidentiality agreements that stifle the reporting of possible violations of federal laws. Such regulation by enforcement has successfully effected cultural change through facilitating widespread amendments to US corporate confidentiality agreements. Accordingly, this article argues that any future Australian legislation should include an ‘anti-confidentiality provision’ similar to the US and Canadian frameworks to affirm an employee's right to communicate with a regulator directly, despite any purported agreement or corporate policy to the contrary.
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Chan, Tom, Concetta Tania Di Iorio, Simon De Lusignan, Daniel Lo Russo, Craig Kuziemsky i Siaw-Teng Liaw. "UK National Data Guardian for Health and Care’s Review of Data Security: Trust, better security and opt-outs". Journal of Innovation in Health Informatics 23, nr 3 (20.12.2016): 627. http://dx.doi.org/10.14236/jhi.v23i3.909.
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Sharing health and social care data is essential to the delivery of high quality health care as well as disease surveillance, public health, and for conducting research. However, these societal benefits may be constrained by privacy and data protection principles. Hence, societies are striving to find a balance between the two competing public interests. Whilst the spread of IT advancements in recent decades has increased the demand for an increased privacy and data protection in many ways health is a special case.UK, are adopting guidelines, codes of conduct and regulatory instruments aimed to implement privacy principles into practical settings and enhance public trust. Accordingly, in 2015, the UK National Data Guardian (NDG) requested to conduct a further review of data protection, referred to as Caldicott 3. The scope of this review is to strengthen data security standards and confidentiality. It also proposes a consent system based on an “opt-out” model rather than on “opt-in.Across Europe as well as internationally the privacy-health data sharing balance is not fixed. In Europe enactment of the new EU Data Protection Regulation in 2016 constitute a major breakthrough, which is likely to have a profound effect on European countries and beyond. In Australia and across North America different ways are being sought to balance out these twin requirements of a modern society - to preserve privacy alongside affording high quality health care for an ageing population. Whilst in the UK privacy legal framework remains complex and fragmented into different layers of legislation, which may negatively impact on both the rights to privacy and health the UK is at the forefront in the uptake of international and EU privacy and data protection principles. And, if the privacy regime were reorganised in a more comprehensive manner, it could be used as a sound implementation model for other countries.
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L., J. F. "PROTECTION OF PATIENTS' RIGHTS TO PRIVACY INTERNATIONAL COMMITTEE OF MEDICAL JOURNAL EDITORS". Pediatrics 97, nr 4 (1.04.1996): A24. http://dx.doi.org/10.1542/peds.97.4.a24.
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The following statement was agreed by the International Committee of Medical Journal Editors (the Vancouver Group) at its meeting last week in San Francisco. It is a complete revision of the initial guidelines on this subject issued in 1991. Patients have rights to privacy that should not be infringed without informed consent. Identifying information should not be published in written descriptions, photographs, or pedigrees unless the information is essential for scientific purposes and the patient (or parent or guardian) gives written informed consent for publication. Informed consent for this purpose requires that the patient should be shown the manuscript to be published. Identifying details should be omitted if they are not essential, but patient data should never be altered or falsified in an attempt to attain anonymity. Complete anonymity is difficult to achieve, and informed consent should be obtained if there is any doubt. For example, masking of the eye region in photographs of patients is inadequate protection of anonymity. The requirement for informed consent should be included in the journal's instructions for authors. When informed consent has been obtained it should be indicated in the published article. Members of the committee are: Frank Davidoff (Annals of Internal Medicine), Richard Smith (British Medical Journal), Bruce P. Squires (Canadian Medical Association Journal), George Lundberg, Richard Glass (JAMA), Richard Horton (Lancet), Martin Van Der Weyden (Medical Journal of Australia), Robert Utiger (New England Journal of Medicine), Richard G. Robinson (New Zealand Medical Journal), Magne Nylenna (Tidsskrift for den Norske Laegeforening), Linda Clever (Western Medical Journal), and Lois Ann Colaianni (National Library of Medicine).
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Deber, Raisa B. "Slaves to economists? A Canadian's view of the Australian health care system". Australian Health Review 29, nr 4 (2005): 386. http://dx.doi.org/10.1071/ah050386.
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AN EXPERT IS DEFINED as someone from out of town ? with slides. In health care, such experts also have a tendency to make cross-national comparisons on the basis of a short visit, a few conversations, and a desire to indicate ?lessons learned?.1 In that time-honoured tradition, on the basis of a visit to Melbourne to address the Victorian Healthcare Association, coupled with visits to several local hospitals, this Canadian identified several potential problems arising from Australia?s approach to the public?private mix of hospital services. As Keynes noted, ?The ideas of economists and political philosophers, both when they are right and when they are wrong, are more powerful than is commonly understood. Indeed the world is ruled by little else. Practical men, who believe themselves to be quite exempt from any intellectual influence, are usually the slaves of some defunct economist.?2 Over the past decades, many health care reformers have urged change ? with varying degrees of success ? based on a set of ideas that markets are always right, that competition is both necessary and sufficient for efficiency, and that private is superior to public. One consequence has been a push for a greater role for private delivery of health care services. This is currently hotly contested in Canada, with Australia providing either an exemplary example or a cautionary tale, depending upon ideological proclivities. I was therefore interested in learning more from Australians as to areas of success or failure of the public?private mix in Australia, and this paper highlights my observations.
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Kerr, Rhonda, i Delia V. Hendrie. "Is capital investment in Australian hospitals effectively funding patient access to efficient public hospital care?" Australian Health Review 42, nr 5 (2018): 501. http://dx.doi.org/10.1071/ah17231.
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Objective This study asks ‘Is capital investment in Australian public hospitals effectively funding patient access to efficient hospital care?’ Methods The study drew information from semistructured interviews with senior health infrastructure officials, literature reviews and World Health Organization (WHO) reports. To identify which systems most effectively fund patient access to efficient hospitals, capital allocation systems for 17 Organisation for Economic Cooperation and Development (OECD) countries were assessed. Results Australian government objectives (equitable access to clinically appropriate, efficient, sustainable, innovative, patient-based) for acute health services are not directly addressed within Australian capital allocation systems for hospitals. Instead, Australia retains a prioritised hospital investment system for institutionally based asset replacement and capital planning, aligned with budgetary and political priorities. Australian systems of capital allocation for public hospitals were found not to match health system objectives for allocative, productive and dynamic efficiency. Australia scored below average in funding patient access to efficient hospitals. The OECD countries most effectively funding patient access to efficient hospital care have transitioned to diagnosis-related group (DRG) aligned capital funding. Measures of effective capital allocation for hospitals, patient access and efficiency found mixed government–private–public partnerships performed poorly with inferior access to capital than DRG-aligned systems, with the worst performing systems based on private finance. Conclusion Australian capital allocation systems for hospitals do not meet Australian government standards for the health system. Transition to a diagnosis-based system of capital allocation would align capital allocation with government standards and has been found to improve patient access to efficient hospital care. What is known about the topic? Very little is known about the effectiveness of Australian capital allocation for public hospitals. In Australia, capital is rarely discussed in the context of efficiency, although poor built capital and inappropriate technologies are acknowledged as limitations to improving efficiency. Capital allocated for public hospitals by state and territory is no longer reported by Australian Institute of Health and Welfare due to problems with data reliability. International comparative reviews of capital funding for hospitals have not included Australia. Most comparative efficiency reviews for health avoid considering capital allocation. The national review of hospitals found capital allocation information makes it difficult to determine ’if we have it right’ in terms of investment for health services. Problems with capital allocation systems for public hospitals have been identified within state-based reviews of health service delivery. The Productivity Commission was unable to identify the cost of capital used in treating patients in Australian public hospitals. Instead, building and equipment depreciation plus the user cost of capital (or the cost of using the money invested in the asset) are used to estimate the cost of capital required for patient care, despite concerns about accuracy and comparability. What does this paper add? This is the first study to review capital allocation systems for Australian public hospitals, to evaluate those systems against the contemporary objectives of the health systems and to assess whether prevailing Australian allocation systems deliver funds to facilitate patient access to efficient hospital care. This is the first study to evaluate Australian hospital capital allocation and efficiency. It compares the objectives of the Australian public hospitals system (for universal access to patient-centred, efficient and effective health care) against a range of capital funding mechanisms used in comparable health systems. It is also the first comparative review of international capital funding systems to include Australia. What are the implications for practitioners? Clinical quality and operational efficiency in hospitals require access for all patients to technologically appropriate hospitals. Funding for appropriate public hospital facilities, medical equipment and information and communications technology is not connected to activity-based funding in Australia. This study examines how capital can most effectively be allocated to provide patient access to efficient hospital care for Australian public hospitals. Capital investment for hospitals that is patient based, rather than institutionally focused, aligns with higher efficiency.
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Galloway, Kate. "The COVID cyborg: Protecting data status". Alternative Law Journal 45, nr 3 (17.06.2020): 162–67. http://dx.doi.org/10.1177/1037969x20930431.
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This article examines the increasing tendency towards governance of people through their representation via data. In its most contemporary iteration, the COVID-19 pandemic has seen the release of contact tracing apps – in Australia, COVIDSafe. While public discourse about the apps has focused principally on the important issue of data privacy, there are other possible effects whereby participation in such schemes might become a prerequisite to accessing services or basic rights – either from government or from corporations. The pathway to acceptability of applying our data in this way is already paved, through fitness monitors and other technologies by which we represent ourselves. This article sets out the foundation of such technologies and their application, before outlining their effect on the recognised boundaries of governance and the conception of the holder of rights and the substance of those rights.
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Funnell, Warwick. "ACCOUNTING AND THE PURSUIT OF UTOPIA: THE POSSIBILITY OF PERFECTION IN PARAGUAY". Accounting Historians Journal 31, nr 1 (1.06.2004): 57–91. http://dx.doi.org/10.2308/0148-4184.31.1.57.
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For utopian socialists the capitalist state's protection and promotion of property rights is the source of entrenched injustice that alienates individuals from their fundamentally moral nature. Substituting cooperative associations for competition as the basis of economic exchange and social relations would allow justice to be reasserted and society to operate on moral principles. In the late 19th century an attempt was made by a small group of idealistic Australian socialists to put these principles into practice in the jungles of Paraguay by establishing the utopian colonies of New Australia and Cosme. An essential ingredient to their vision was a system of exchange in which goods and services were valued, following Ricardo and Marx, according to their labor content or labor value. This required new forms of accounting to communicate and enhance a set of values, ideals and permitted behavior which was very different from that associated with capitalism. Accounting was also to prove critical to the survival of the colonies beyond their initial establishment by the legitimacy it afforded the decision to revoke the right of members, who withdrew, to a share of assets. The accounting system used at Cosme demonstrated a sophisticated understanding that the contributions of accounting were not dependent on private property.
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Fine, Michael, i Bob Davidson. "The marketization of care: Global challenges and national responses in Australia". Current Sociology 66, nr 4 (23.04.2018): 503–16. http://dx.doi.org/10.1177/0011392118765281.
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Care is a social necessity for life. Ensuring access to appropriate care at crucial points in the life course became a political necessity soon after the mid-20th century, as the right to suitable care became recognized as a fundamental entitlement of citizenship in most advanced capitalist economies. Over recent decades there has been a shift away from more traditional welfare state forms of public services towards increasingly marketized systems of provision. Changes in the provision of care in the public domain are associated with an increasing reliance on private capital and competition between a variety of providers, with public agencies competing alongside private for-profit and not-for-profit agencies. Drawing on care theory, historical sociology and political economic analysis, this article examines the conflicting tensions that shape aged care under marketization. Using Australia as a case study, it is argued that as private capital and resources take the place of scarce public resources and enable expenditure cuts to be presented as innovation, better services and more ‘consumer choice’, it is not the market but the finance, regulation and management work of the state that is the essential determinant of the assistance previously provided through non-market processes.
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Harvey, Carol, Eoin Killackey, Aaron Groves i Helen Herrman. "A place to live: Housing needs for people with psychotic disorders identified in the second Australian national survey of psychosis". Australian & New Zealand Journal of Psychiatry 46, nr 9 (22.05.2012): 840–50. http://dx.doi.org/10.1177/0004867412449301.
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Objective: Access to adequate housing consistent with personal preferences and needs is a human right and supports recovery from psychosis. This study aimed to: (1) describe people with psychosis living in different housing types, and their preferences and needs; (2) explore selected demographic and social inclusion correlates in relation to housing; and (3) compare two subgroups – participants living in supported group accommodation and supported housing – on key demographic, functional, clinical and social inclusion variables. Method: Current housing, preferences, needs and assistance, and housing-related social inclusion variables were assessed in a two-phase prevalence survey conducted within seven catchment areas across five Australian states. Two supported housing models were compared: supported group accommodation and supported housing (rental accommodation with in-reach support). Descriptive statistics were used. Results: Of the total participants (n = 1825), one half were living in public or private rented housing (48.6%) and 22.7% were waiting for public housing. Despite being the preferred form of housing, only 13.1% were living in their own home. One in 20 participants (5.2%) was currently homeless; 12.8% had been homeless in the previous 12 months. Residents of supported group accommodation felt safer in their locality than those in supported housing, but experienced less privacy and choice. Conclusions: Although fewer participants were homeless compared with the first Australian survey of psychosis, the proportion remains high. Housing difficulties are experienced by people with psychoses living in various accommodation and concern housing adequacy and safety as well as autonomy and choice. Access to public housing is restricted compared with the identified need. Since residents of supported group accommodation felt safer in their locality than those in supported housing, but experienced less privacy and choice, each supported housing model may offer different advantages to people with psychosis, and contribute to services that support and maintain recovery.
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Epper, Mark, i John Charters. "THE ENVIRONMENT FOR RAISING FUNDS FOR PETROLEUM EXPLORATION IN THE 1990s". APPEA Journal 31, nr 1 (1991): 545. http://dx.doi.org/10.1071/aj90040.
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Private shareholders' equity has traditionally funded greenfield exploration programs in Australia in the 1980s. In the next decade junior exploration companies will again need to rely on funding from both current and potential shareholders. However, the major difference between the 1980s and the 1990s will be the level of difficulty for companies seeking to raise funds. Recent events have sapped potential investor confidence, particularly private investors, and notably, in oil and gas exploration companies.The recent events in the Middle East and the need for some degree of energy self-sufficiency make investment in oil exploration essential for Australia right now. Exploration requires substantial amounts of risk capital which, at this time, is not flowing from traditional sources. Rather, we are seeing a concentration of ownership in the hands of financial institutions and a handful of producing companies and foreign multinationals. It is essential for the Federal Government to recognise the need to offer further incentives to encourage the private sector to invest in exploration companies. In this paper we suggest that the most effective mechanism for such incentives is through some minor modifications to the Australian taxation system.The oil exploration industry must pursue Government in a co-ordinated manner for assistance in raising funds particularly as the requirement for action is urgent. Industry bodies, such as the Australian Petroleum Exploration Association Ltd (APEA) have recently petitioned the Federal Government with recommendations but the Government has failed to accept these proposals on the grounds that they are inconsistent with present tax policy. If this is the case it is time present policy was changed.Clearly, all exploration companies will take whatever action is possible to raise funds for exploration and not simply look in vain for government salvation by handout. However, in the interests of Australian national security, the government has a responsibility to encourage and foster oil and gas exploration.Since planning for this paper commenced in July 1990, oil prices have leapt from US$18 to approximately US$40 per barrel. Should prices such as these (not experienced since the early 1980s) continue, it will make investment in exploration companies more attractive to all investors while at the same time it will test severely the endurance of the equity market generally.
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Sheveleva, Svetlana, i I. Teneneva. "VOYEURISM: CRIMINAL AND CRIMINOLOGICAL ASPECTS". Scientific Notes of V. I. Vernadsky Crimean Federal University. Juridical science 7, nr 3 (12.12.2022): 209–22. http://dx.doi.org/10.29039/2413-1733-2021-7-3(2)-209-222.
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One of the types of paraphilia is voyeurism, i.e., secretly spying on the intimate actions of other people. From the point of view of medicine, voyeurism is recognized as a disorder of sexual preference, in art it has found expression in the paintings of famous masters, but from the point of view of morality it remains in the plane of religiously conditioned prohibitions, and psychologists say that the considered form of sexual behavior is dangerous not only for the psyche of the actor, but also for the victim. Within the framework of the presented research, the authors offer an analysis of the legal reaction of foreign countries to this form of sexual deviation, consider the types of punishments, and also present a criminological portrait of voyeurism. In the legal systems of foreign countries (Great Britain, Belgium, Singapore), voyeurism is recognized as a sexual crime; in the United States, Germany, New Zealand, and some states of Australia, the act in question is recognized as a crime that violates the «right to privacy». Separate statistical data on the specified acts in separate countries (where such counting is conducted) are presented, the reasons of growth of such encroachments and ways of their implementation are defined. In Russia, such acts receive a criminal-legal assessment on the grounds of Article 137 of the Criminal Code of the Russian Federation, which should be considered as a «legislative compromise», since in the actions of a voyeur, the main motive is sexual, and violation of privacy is not the goal. Some statistical data indicate an increase in such attacks in the world, but in Russia, the paraphilia in question is mainly the subject of research by psychologists, sexologists, and journalists. No serious criminological or criminal law studies were conducted. The presented research is the first attempt to study this phenomenon in the legal aspect, suggesting the beginning of a scientific discussion. It is concluded that in the conditions of digitalization of society, voyeurism as a form of sexual deviation will continue to develop, so it is necessary to adopt a set of legal measures aimed at protecting the rights of victims.
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Zaresani, Arezou, i Anthony Scott. "Does digital health technology improve physicians’ job satisfaction and work–life balance? A cross-sectional national survey and regression analysis using an instrumental variable". BMJ Open 10, nr 12 (grudzień 2020): e041690. http://dx.doi.org/10.1136/bmjopen-2020-041690.
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ObjectivesTo examine the association between physicians’ use of digital health technology and their job satisfaction and work–life balance.DesignA cross-sectional nationally representative survey of physicians and probit regression models were used to examine the association between using digital health technology and the probability of reporting high job satisfaction and a good work–life balance. Models included a rich set of covariates, including physicians’ personality traits, and instrumental variable analysis was used to control for bias from unobservable confounders and reverse causality.SettingClinical practice settings in Australia, including physicians working in primary care, hospitals, outpatient settings, and physicians working in the public and private sectors.ParticipantsRespondents to wave 11 (2018–2019) of the Medicine in Australia: Balancing Employment and Life (MABEL) longitudinal survey of doctors. The analysis sample included a broadly nationally representative sample of 7043 physicians, including general practitioners, specialists and physicians in training.Primary and secondary outcome measuresThe proportion of respondents who used any digital health technology; proportion answered ‘moderately satisfied’ or ‘very satisfied’ to the statement on job satisfaction: ‘Taking everything into account, how do you feel about your work’; proportion agreeing or strongly agreeing to the statement on work–life balance: ‘The balance between my personal and professional commitments is about right.’ResultsPhysicians with positive beliefs about the effectiveness of using digital health technology were 3.8 percentage points (95% CI 2.7 to 5.0) more likely to use digital health technology compared with those who did not. Physicians with colleagues who already used digital health technology were also 4.1 percentage points (95% CI 2.6 to 5.6) more likely to use digital health technology. The availability of IT support and lack of privacy concerns increased the probability of using digital health technology by 1.6 percentage points (95% CI 1.0 to 2.3) and 0.5 percentage points (95% CI 0.1 to 1.0). Physicians who used digital health technology were 14.2 percentage points (95% CI −1.3 to 29.7) and 20.3 percentage points (95% CI 2.4 to 38.1) more likely to report respectively higher job satisfaction and good work–life balance, compared with the physicians who did not use it.ConclusionsFindings suggested digital health technology served more as a work resource than work demand for physicians who used it.
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Kahl, Verena. "Human Rights Protection in the Climate Crisis 2.0: The UN Human Rights Committee’s Landmark Decision in Daniel Billy et al. v. Australia". Verfassung in Recht und Übersee 55, nr 3 (2022): 379–91. http://dx.doi.org/10.5771/0506-7286-2022-3-379.
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On September 23, 2022, the UN Human Rights Committee (Committee) published its groundbreaking decision in Daniel Billy et al. v. Australia, in which it found that Australia’s failure to adequately protect indigenous islanders from the Torres Strait region against adverse impacts of climate change amounted to a violation of their rights to enjoy their culture and to private life, family and home. In this contribution, I will outline the key findings of the decision and the underlying strands of the Committee’s arguments, to then analyze and critically reflect upon them against the background of currently discussed challenges faced by human rights dogma in the context of climate change. I will argue that the Committee took a hesitant and restraint position regarding victim status and the right to life with dignity, thereby also failing to account for harms located in the (further) future. Furthermore, the position is taken that the Committee’s questionable decision to exclusively focus on adaptation measures while remaining silent on obligations of mitigation was also owed to methodological hurdles internal to current human rights law. Despite these aforementioned shortcomings, it will be highlighted that the Committee still managed to overcome previously controversial admissibility hurdles bringing the case to the merits. Consequently, the Committee issued the first decision at the international level to tackle substantive human rights questions in the context of climate change that relate to the current situation of small islands and their indigenous inhabitants, thereby taking human rights protection in the climate change context to the next level.
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Prictor, Megan, Sharon Huebner, Harriet J. A. Teare, Luke Burchill i Jane Kaye. "Australian Aboriginal and Torres Strait Islander Collections of Genetic Heritage: The Legal, Ethical and Practical Considerations of a Dynamic Consent Approach to Decision Making". Journal of Law, Medicine & Ethics 48, nr 1 (2020): 205–17. http://dx.doi.org/10.1177/1073110520917012.
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Dynamic Consent (DC) is both a model and a specific web-based tool that enables clear, granular communication and recording of participant consent choices over time. The DC model enables individuals to know and to decide how personal research information is being used and provides a way in which to exercise legal rights provided in privacy and data protection law. The DC tool is flexible and responsive, enabling legal and ethical requirements in research data sharing to be met and for online health information to be maintained. DC has been used in rare diseases and genomics, to enable people to control and express their preferences regarding their own data. However, DC has never been explored in relationship to historical collections of bioscientific and genetic heritage or to contexts involving Aboriginal and Torres Strait Islander people (First Peoples of Australia).In response to the growing interest by First Peoples throughout Australia in genetic and genomic research, and the increasing number of invitations from researchers to participate in community health and wellbeing projects, this article examines the legal and ethical attributes and challenges of DC in these contexts. It also explores opportunities for including First Peoples' cultural perspectives, governance, and leadership as a method for defining (or redefining) DC on cultural terms that engage best practice research and data analysis as well as respect for meaningful and longitudinal individual and family participation.
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Price, Andrew. "Understanding the opposition to onshore gas development". APPEA Journal 52, nr 2 (2012): 668. http://dx.doi.org/10.1071/aj11082.
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In contrast to the US where private landowners have retained rights to the gas underlying their lands, in Australia, State legislation has vested all petroleum (including gas) in the Crown. As such, it is the states, rather than landowners, that have the right to issue licences to gas developers and receive royalties. Landowners' lack of control over the development of gas under their lands has caused most discontent within farming communities, particularly towards the coal seam gas industry. Similar opposition will presumably be faced by the onshore shale gas industry once it begins to burgeon. The resistance to onshore gas development is typically justified by concerns relating to the adverse effects that development has on agriculture and groundwater. In this respect, development methods such as fracking have been criticised by an arguably ill-informed public. This opposition cannot be ignored, particularly as it has become such a highly politicised issue, with calls for landowners to have a right to veto access by gas developers. The significance of this is further heightened by numerous senate inquiries into the adverse affects claimed to be caused by onshore gas development. Accordingly, it is critical for anyone proposing to undertake onshore gas development to understand the underlying motivation driving this powerful opposition. Is it really a product of the inability of regulatory regimes to balance the interests between private landowners and gas developers? If so, perhaps if other states followed the novel measures recently introduced by Queensland, these concerns would be largely addressed.
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Melia, Adrian, Paul Docherty i Steve Easton. "The impact of regulation on the seasoned equity offering decision". Australian Journal of Management 45, nr 1 (10.05.2019): 94–113. http://dx.doi.org/10.1177/0312896219833724.
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The rarity of rights issues in the United States makes it difficult to examine the choice between alternative seasoned equity offering (SEO) methods in that market. In Australia, however, both rights issues and private placements are prevalent. We therefore use the Australian market to test whether regulation influences a firm’s choice between rights issues and private placements. When a firm decides to issue seasoned equity in Australia, regulation favours private placements if the issue is small or needs to be completed quickly. Consistent with regulations affecting the choice between SEO types, our empirical results provide evidence that firms in Australia are more likely to choose a private placement for small issues or when taking advantage of temporary periods of overvaluation. JEL Classification: G12, G14
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Francis, Ben, Tyron Venn, Tom Lewis i Jeremy Brawner. "Case Studies of the Financial Performance of Silvopastoral Systems in Southern Queensland, Australia". Forests 13, nr 2 (26.01.2022): 186. http://dx.doi.org/10.3390/f13020186.
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There is considerable uncertainty surrounding the future availability of hardwood timber from state-owned native forests in southern Queensland. The timber industry is becoming increasingly reliant on private native forests, where much is on properties primarily managed for beef cattle grazing. Historically, these forests have been periodically high-grade harvested without silvicultural treatment or cleared to increase pasture production where landholders have the right to do so. This study compares these traditional forest management practices at four case study properties against silvopastoral system alternatives. Merchantable timber, pasture and cattle production was estimated for each management scenario with a native forest silvicultural treatment response model. The net present value of each scenario was estimated over a 20-year management period. For all case study properties, the worst-performing forest management scenario was to clear forest for grazing. Investment in silvopastoral systems in southern Queensland was found to be financially attractive, particularly when silvicultural treatments were implemented in year zero to increase timber production. Silvicultural treatments increased the mean annual increment of merchantable timber over 20 years by an average of 1.3 m3/ha/year relative to the scenario where no management was performed in year zero. Forest management scenarios with silvicultural treatments had better financial performance than scenarios without silvicultural treatment. However, long payback periods and sovereign risk are serious impediments to silvopastoral system adoption in southern Queensland. If these concerns can be overcome, private native forests have the potential to be sustainably managed to improve the financial performance of farms, improve regional employment and income generation, supply Queensland’s future hardwood timber needs, and increase carbon sequestration and biodiversity conservation on private land.
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Naughton, James P., Tjomme O. Rusticus, Clare Wang i Ira Yeung. "Private Litigation Costs and Voluntary Disclosure: Evidence from the Morrison Ruling". Accounting Review 94, nr 3 (1.07.2018): 303–27. http://dx.doi.org/10.2308/accr-52203.
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ABSTRACT We examine the causal effect of expected private litigation costs on voluntary disclosure using a natural experiment, the Supreme Court ruling in Morrison v. National Australia Bank. Even though this ruling had no effect on what constituted fraudulent conduct for the purpose of securities litigation, it significantly reduced the expected private litigation costs for foreign cross-listed firms by reducing the pool of potential claimants. It did so by eliminating the right of shareholders who purchased shares on non-U.S. exchanges from seeking compensation in U.S. courts. In the post-Morrison period, we find consistent evidence showing a decrease in voluntary disclosure using analyses that exploit the varying impact of the ruling based on both firm- and country-level attributes. Unlike a number of prior studies, we find that the positive relation between litigation and disclosure does not depend on the direction of the news. JEL Classifications: G15; G18; M41. Data Availability: Data are available from the public sources cited in the text.
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Moore, Anthony M., Sandra Burgess, Hailey Shaw, Carolyn Banks, Irene Passaris i Charles Guest. "Achieving high immunisation rates amongst children in the Australian Capital Territory: a collaborative effort". Australian Health Review 35, nr 1 (2011): 104. http://dx.doi.org/10.1071/ah10769.
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Background. In September 2008 the ACT achieved the highest childhood coverage rates in Australia with rates of 93.5% (12–15-month age cohort), 94.9% (24–27-month age cohort) and 90.58% (60–63-month age cohort). Purpose. To analyse the key contributing factors and policy initiatives that have likely to have led to high childhood immunisation rates in the ACT. Methods. Data used in this report were sourced from the Australian Childhood Immunisation Register (ACIR) held at Medicare Australia, General Practice Immunisation Incentives (GPII) ‘calculation’ data held at ACT Division of General Practice and internal immunisation databases held at Health Protection Service. Outcomes. Although the reasons for the high coverage rates seen in children are multi factorial (including national and consumer factors), key reasons locally in the ACT include: (a) the implementation of an ACT-wide immunisation strategy; (b) proactive follow up of children overdue for immunisation; (c) more sustainable provision of immunisation services across both public and private health providers; and (d) a centralised vaccine delivery service and ‘cold chain’ monitoring system. Conclusions. Although nationwide immunisation policy has been successful in increasing childhood coverage rates across all Australian jurisdictions, it is important to also acknowledge local factors that have likely to have contributed to the successful implementation of the Immunise Australia Program at the coal face. What is known about the topic? Childhood immunisation rates have risen significantly in Australia since the mid 1990s following a plethora of initiatives at both a national and state and territory level. This article examines in depth the various factors over the past decade that have likely to have contributed to the high childhood immunisation rates currently seen in the Australian Capital Territory What does this paper add? The ACT changed its strategic thinking towards immunisation provision in 2004 with an increased focus on immunisation delivery in general practice. Immunisation coverage rates improved in the ACT between 2005 and 2008 with general practice increasing their contribution to immunisation provision from 35 to 57% during this time period. This was despite of a drop in full-time equivalent general practices (GPs) in the ACT between 2003 and 2008. At face value the initial decision to increase immunisation provision through general practice in the face of a dwindling GP workforce appeared counter intuitive. What this article illustrates is the importance of having the right mix and proportion of providers delivering immunisation (public clinics v. general practice) as well as having well resourced support systems for vaccine delivery, provider education and data analysis. More importantly this paper illustrates that any disruption in any component of immunisation provision is likely to have a negative effect on coverage rates (examples provided in the article). What are the implications for practitioners? Achieving high immunisation in the ACT has been a collaborative effort by a range of immunisation stakeholders. These groups have formed strong partnerships to raise awareness of the value of immunisation and the importance of receiving vaccinations at the correct time. It is this collective effort across the health portfolio that is likely to have contributed to the ACT achieving high immunisation coverage rates amongst children. It is important for immunisation practitioners to retain strong professional networks with clear delineation of roles in order to maintain high immunisation rates. Such networks must also be adequately prepared for challenges on the horizon (i.e. change in government policy, loss of personnel, change in consumer attitudes towards immunisation, etc.) that may pose a threat towards high immunisation rates.
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Bradshaw, Corey J. A. "Opportunities to improve the future of South Australia’s terrestrial biodiversity". Rethinking Ecology 4 (9.04.2019): 45–77. http://dx.doi.org/10.3897/rethinkingecology.4.32570.
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It is unequivocal that the poor condition of South Australia’s terrestrial biodiversity is continuing to decline overall – much like elsewhere in Australia. This decline is mainly due to the legacy of vegetation clearing and habitat modification since European colonisation, the destructive influence of invasive species (especially predators like cats and foxes) on its native fauna and flora, and impotent or broken legislation to prevent further damage. The struggle to maintain our remaining biodiversity, and our intentions to restore once-healthy ecosystems, are rendered even more difficult by the added influence of rapid climate disruption. Despite the pessimistic outlook, South Australians have successfully employed several effective conservation mechanisms, including increasing the coverage of our network of protected areas, doing ecological restoration projects, reducing the densities of feral animals across landscapes, encouraging private landholders to protect their biodiversity assets, releasing environmental water flows to rivers and wetlands, and bringing more people in touch with nature. While these strategies are certainly stepping in the right direction, our policies and conservation targets have been hampered by arbitrary baselines, a lack of cohesion among projects and associated legislation, unrepresentative protected areas, and inappropriate spatial and time scales of intervention. While the challenges are many, there are several tractable and affordable actions that can be taken immediately to improve the prospect of the State’s biodiversity into the near future. These include coordinating existing and promoting broader-scale ecological restoration projects, establishing strategic and evidence-based control of invasive species, planning more representative protected-area networks that are managed effectively for conservation outcomes, fixing broken environmental legislation, avoiding or severely limiting biodiversity-offset incentives, expanding conservation covenants on private land, coordinating a state-wide monitoring network and protocol that tells the South Australian community how effective we are with our policies and actions, expanding existing conservation investment and tapping into different funding schemes, and coordinating better communication and interaction among government and non-governmental environment agencies. Having a more transparent and defensible link between specific conservation actions and targeted outcomes will also likely improve confidence that conservation investments are well-spent. With just a little more effort, coordination, funding, and foresight, South Australia has the opportunity to become a pillar of biodiversity conservation.
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Bartlett, Robert P. "Do Institutional Investors Value the Rule 10b-5 Private Right of Action? Evidence from Investors’ Trading Behavior following Morrison v. National Australia Bank Ltd." Journal of Legal Studies 44, nr 1 (styczeń 2015): 183–227. http://dx.doi.org/10.1086/680992.
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