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1
Rumble, Tony Law Faculty of Law UNSW. "Synthetic equity and franked debt: capital markets savings cures". Awarded by:University of New South Wales. School of Law, 1998. http://handle.unsw.edu.au/1959.4/17591.
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Micro-economic reform is a primary objective of modern Australian socio-economic policy. The key outcome targetted by this reform is increased efficiency, measured by a range of factors, including cost reduction, increased savings, and a more facilitative environment for business activity. These benefits are sought by the proponents of reform as part of a push to increase national prosperity, but concerns that social equity is undermined by it are expressed by opponents of that reform. The debate between efficiency and equity is raging in current Australian tax policy, a key site for micro-economic reform. As Government Budget restructuring occurs in Australia, demographic change (eg, the ageing population) undermines the ability of public funded welfare to provide retirement benefits. Responsibility for self-funded retirement is an important contributor to increasing private savings. Investment in growth assets such as corporate stock is increasing in Australia, however concerns about volatility of asset values and yield stimulate the importance of investment risk management techniques. Financial contract innovation utilising financial derivatives is a dominant mechanism for that risk management. Synthetic equity products which are characterised by capital protection and enhanced yield are popular and efficient equity risk management vehicles, and are observed globally, particularly in the North American market. Financial contract innovation, risk management using financial derivatives, and synthetic equity products suffer from an adverse tax regulatory response in Australia, which deprives Australian investors from access to important savings vehicles. The negative Australian tax response stems from anachronistic legislation and jurisprudence, which emphasises tax outcomes based on legal form. The pinnacle of this approach is the tax law insistence on characterisation of financial contracts as either debt or equity, despite some important financial similarities between these two asset types. Since derivatives produce transactions with novel legal forms this approach is unresponsive to innovation. The negative tax result also stems from a perception that the new products are tax arbitrage vehicles, offering tax benefits properly available to investment in stocks, which is thought to be inappropriate when the new products resemble debt positions (particularly when they are capital protected and yield enhanced). The negative tax response reflects administrative concerns about taxpayer equity and revenue leakage. This approach seeks to impose tax linearity by proxy: rather than utilising systemic reform to align the tax treatment of debt and equity, the current strategy simply denies the equity tax benefits to a variety of innovative financial contracts. It deprives Australians of efficiency enhancing savings products, which because of an adverse tax result are unattractive to investors. The weakness of the current approach is illustrated by critical analysis of three key current and proposed tax laws: the ???debt dividend??? rules in sec. 46D Income Tax Assessment Act 1936 (the ???Tax Act???); the 1997 Budget measures (which seek to integrate related stock and derivative positions); and the proposals in the Taxation of Financial Arrangements Issues Paper (which include a market value tax accounting treatment for ???traded equity,??? and propose a denial of the tax benefits for risk managed equity investments). The thesis develops a model for financial analysis of synthetic equity products to verify the efficiency claims made for them. The approach is described as the ???Tax ReValue??? model. The Tax ReValue approach isolates the enhanced investment returns possible for synthetic equity, and the model is tested by application to the leading Australian synthetic equity product, the converting preference share. The conclusions reached are that the converting preference share provides the key benefits of enhanced investment return and lower capital costs to its corporate issuer. This financial efficiency analysis is relied upon to support the assertion that a facilitative tax response to such products is appropriate. The facilitative response can be delivered by a reformulation of the existing tax rules, or by systemic reform. The reformulation of the existing tax rules is articulated by a Rule of Reason, which is proposed in the thesis as the basis for the allocation and retention of the equity tax benefits. To avoid concerns about taxpayer equity and revenue leakage the Rule of Reason proposes a Two Step approach to the allocation of the equity tax benefits to synthetics. The financial analysis is used to quantify non-tax benefits of synthetic equity products, and to predict whether and to what extent the security performs financially like debt or equity. This financial analysis is overlayed by a refined technical legal appraisal of whether the security contains the essential legal ???Badges of Equity.??? The resulting form and substance approach provides a fair and equitable control mechanism for perceived tax arbitrage, whilst facilitating efficient financial contract innovation. The ultimate source of non-linearity in the taxation of investment capital is the differential tax benefits provided to equity and debt. To promote tax linearity the differentiation needs to be removed, and the thesis makes recommendations for systemic reform, particularly concerning the introduction of a system of ???Franked Debt.??? The proposed system of ???Franked Debt??? would align the tax treatment of debt and equity by replacing the corporate interest deduction tax benefit with a lender credit in respect of corporate tax paid. This credit would operate mechanically like the existing shareholder imputation credit. The interface of this domestic tax credit scheme with the taxation of International investment capital, and the problems occasioned by constructive delivery of franking credits to Australian taxpayers via synthetics, are resolved by the design and costings of the new system, which has the potential to be revenue positive.
2
Birch, Charles 1971. "Evaluating mining and petroleum joint ventures in Australia : a revenue law perspective". Monash University, Faculty of Law, 2001. http://arrow.monash.edu.au/hdl/1959.1/8960.
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3
Lane, Karen Lesley. "Broadcasting, democracy and localism : a study of broadcasting policy in Australia from the 1920s to the 1980s". Title page, table of contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phl2651.pdf.
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4
Graham, Nicole. "Lawscape : paradigm and place in Australian property law". Phd thesis, Faculty of Law, 2003. http://hdl.handle.net/2123/6269.
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Azzi, John. "The role of CFC legislation in protecting Australia's domestic income tax base". Thesis, The University of Sydney, 1997. http://hdl.handle.net/2123/20011.
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6
Harrison, Peter, e n/a. "A THEORY OF LEGISLATION FROM A SYSTEMS PERSPECTIVE". University of Canberra. Law, 2007. http://erl.canberra.edu.au./public/adt-AUC20081204.115715.
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In this thesis I outline a view of primary legislation from a systems perspective. I suggest that systems theory and, in particular, autopoietic theory, as modified by field theory, is a mechanism for understanding how society operates.
The description of primary legislation that I outline differs markedly from any conventional definition in that I argue that primary legislation is not, and indeed cannot be, either a law or any of the euphemisms that are usually accorded to an enactment by a parliament. I cite two reasons for such a conclusion.
The primary reason for my conclusion is that I see primary legislation as being an output of a particular subsystem of society, while the law is the output of another subsystem of society. I argue that these outputs are the discrete products of separate subsystems of society. I argue that primary legislation should be viewed as a trinity. The first state of this trinity is that, upon enactment, primary legislation is a brute fact in that it is but a thing and the only property of this thing is that of being a text. The second state of this trinity is that following the act of enactment, the thing enacted will be reproduced and this reproduction is a separate thing that will sit in some repository until used. The third state of this trinity is that, upon use, this thing that is primary legislation will be transformed into an object and the user will attribute such functions and attributes to that object as are appropriate to the context within which the object is used. The thing has therefore become an object and an institutional fact. The second reason for my conclusion that primary legislation is not a law relates to the fact that the thing that is primary legislation is a text and the only function of a text is that it is available to be read. That is to say, of itself, a text is incapable of doing anything: it is the reader who defines the status of the text and attributes functions and attributes. Upon use, primary legislation thus becomes a censored input for future action and one of these actions may be some statement by a court of law.
I assert that the view of primary legislation that has been accepted within the body politic is the product of the discourse of a particular subsystem of society that I have designated ?the legal practice?, and I outline why and how this has occurred. Outlining a view about primary legislation also necessitates outlining a view as to the nature of the law. I assert that the law is a myth and I see this myth as a product of the discourse of the legal practice. I have asserted that although it is the judges that state the law, such statements flow from the discourse of those who practise the law.
7
Tooma, Rachel Anne Law Faculty of Law UNSW. "A case for a uniform statutory general anti-avoidance rule in Australian taxation legislation". Awarded by:University of New South Wales. School of Law, 2007. http://handle.unsw.edu.au/1959.4/29348.
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Taxpayer certainty is the most frequently cited argument against statutory General Anti-Avoidance Rules (GAARs). However the vast literature criticising statutory GAARs fails to consider the extent of taxpayer uncertainty, and the potential for taxpayer uncertainty, in jurisdictions without a statutory GAAR. This thesis examines that gap in the literature. The thesis uses inductive reasoning to suggest that there is greater taxpayer certainty where a statutory GAAR exists and is appropriately administered. Specifically, it uses a case study to demonstrate that there is greater uncertainty for taxpayers where the administration, the judiciary and the legislature may use their vast powers to address perceived avoidance. The thesis then considers the form of a statutory GAAR that may best be expected to promote taxpayer certainty. Such analysis involves a comparison of Australia???s oldest statutory GAAR, Part IVA of the Income Tax Assessment Act 1936 (Cth) (and its predecessor section 260), with the more recent GAARs in Australia???s indirect tax legislation (GST and state stamp duty), and the GAARs of other jurisdictions, including New Zealand, Canada and South Africa. In order to promote taxpayer certainty, a uniform statutory GAAR is ultimately proposed for all Australian taxation legislation, with safeguards to ensure the appropriate administration of the uniform GAAR.
8
Ludlow, Karinne Anne. "Which little piggy to market? : legal challenges to the commercialisation of agricultural genetically modified organisms in Australia". Monash University, Faculty of Law, 2004. http://arrow.monash.edu.au/hdl/1959.1/5489.
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Oya, Kazuo. "The relationship between competition law and telecommunications regulation : a comparative assessment". Thesis, McGill University, 2003. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=80945.
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This thesis seeks to contribute to solving the debate about the framework of rules and institutions applicable to public utility sectors, by adopting both economic theories, such as natural monopoly, network effects, and public goods, and practical analysis of the telecommunications sectors for both Australia and the United States. Governments must reevaluate the framework regulating public utility sectors whenever rapid technological advancements occur. This thesis argues that the antitrust authority better enforces competition rules, and that the sector-specific authority better enforces technical and universal service rules. The justification of the special competition rule concerning bottleneck facilities access should be limited. As for the universal service scheme, the enforcer should ensure competitive neutrality and adopt pro-competitive instruments. This framework would allow for a more market-oriented and economy-wide regulatory administration, as well as enforcement of the universal service scheme based on a more accurate reflection of the fundamental values of citizens.
10
Clarke, Tamsin Law Faculty of Law UNSW. "Racism, pluralism and democracy in Australia : re-conceptualising racial vilification legislation". Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/20530.
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Australian debates about racial vilification legislation have been dominated by mainstream American First Amendment jurisprudence and popular American notions of 'free speech' to the exclusion of alternative Europeans models. This can be seen from notions of Australian racial vilification legislation as inconsistent with 'free speech' rights as well as the influence of some of the basic assumptions of First Amendment jurisprudence on political speech cases in the Australian High Court. Despite the widespread existence of legislation that penalises racial vilification at State and Federal levels, there has been a rise in Australia over the past 10 years of divisive 'race' politics. Against that background, this thesis considers the scope and limits of racial vilification legislation in Australia. It is argued that First Amendment jurisprudence is inadequate in the Australian context, because it is heavily dependent upon economic metaphors, individualistic notions of identity and outdated theories of communication. It assumes that 'free speech' in terms of lack of government intervention is essential to 'democracy'. It ignores the content, context and effect of harmful speech, except in extreme cases, with the result that socially harmful speech is protected in the name of 'free speech'. This has narrowed the parameters within which racial vilification is understood and hindered the development of a broader discourse on the realities of racist harms, and the mechanisms necessary for their redress. The author calls for the development of an Australian jurisprudence of harmful speech. Failing an Australian Bill of Rights, that jurisprudence would be grounded upon the implied constitutional right of free political speech, informed by an awareness that modern structures of public speech favour a very limited range of speech and speakers. The jurisprudence would take advantage of the insights of Critical Race Theory into the connections between racial vilification and racist behaviour, as well as the personal and social harms of racial vilification. Finally, it is argued that the concepts of human dignity and equality, which underpin European discrimination legislation and notions of justice, provide a way forward for Australian jurisprudence in this area.
11
Stoddard, Damon. "A new Canadian intellectual property right : the protection of data submitted for marketing approval of pharmaceutical drugs". Thesis, McGill University, 2006. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=101828.
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In order to market and sell a new pharmaceutical drug in Canada, the Minister of Health requires the initial applicant to submit clinical test results demonstrating that the drug is safe and effective for human use. Subsequent applicants, who typically lack the resources to conduct expensive clinical trials, must refer to and rely upon the initial applicant's data in their applications to market a generic version of the drug.On June 17, 2006, the federal government of Canada published a proposed data protection regulation, which would provide an initial applicant with eight years of protection for clinical test results submitted in a new drug submission. This protection would lead to an eight year period of market exclusivity for the drug associated with the clinical test data, regardless of whether that drug was protected by a Canadian patent.
In this thesis, the author first describes what data protection is on a practical level, and distinguishes data protection from other forms of intellectual property rights. Next, the author discusses how various jurisdictions choose to protect clinical test data submitted to their health authorities. Canada's international obligations pursuant to the NAFTA and the TRIPS Agreement are also examined. In this regard, the author argues that Canada is under no obligation to provide initial applicants with eight years of data protection. Furthermore, the author argues that exclusive time-limited property rights in clinical test data are difficult to justify from a theoretical perspective. Finally, the author prescribes certain legislative changes to Canada's proposed data protection regulation.
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au, gswensen@westnet com, e Greg Swensen. "Reform of Minor Cannabis Laws in Western Australia, the United Kingdom and New Zealand". Murdoch University, 2006. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070507.150143.
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The past three decades has been a period of intense and sustained debate in a number of major Western countries about the wisdom of police continuing to apply legislation which can severely punish offenders by fines and even imprisonment because of laws and policies that prohibit the use, possession and cultivation of cannabis.
The large and growing number of young adults who have been exposed to the drug, some of whom have been charged and received criminal convictions with attendant deleterious effects on their employment and wellbeing, has forced policy makers to re-evaluate the justification for continuing to criminalise cannabis.
This thesis examines in detail the law reforms that occurred in early 2004 with respect to cannabis offenders in Western Australia (WA) and the United Kingdom (UK) and what lessons these reforms may hold for other jurisdictions interested in decriminalisation of minor cannabis offences.
A study was undertaken to compare the shortcomings and advantages of the different approaches to reform followed in WA and the UK. Reference to the reform in the UK, will be confined to meaning England, Wales and Northern Ireland as the necessary administrative guidelines have not so far been issued for Scotland.
In WA the reforms required a substantial legislative effort to establish a complex framework that outlined in detail the circumstances when police may issue cannabis infringement notices (CINs), whereas in the UK the approach involved limited legislative activity by the reclassification of the legal status of cannabis and by providing police with administrative guidelines issued by the Association of Chief Police Commissioners as to how to exercise their discretion in issuing formal warnings for a minor cannabis offence.
A comparison is made with New Zealand (NZ), where in spite of there being a similar process of deliberation and consultation as in WA and the UK, the government refused to implement formal reform because of a perception it was unable to decriminalise minor cannabis offences because of the restrictions imposed of agreement between the Clarke Labour Government and a minor political party.
The example of the failure of government in NZ to achieve reform illustrates the importance that in some jurisdictions there will be a significant role for non parliamentary advisory bodies and lobby groups to argue for reform and to garner public support when reform has stalled or been frustrated.
The thesis also includes a preliminary exploratory study using a number of indicators, such as prevalence and conviction data, to determine if the reforms implemented by the CIN scheme have resulted in or are likely to create unanticipated harms and to explore some of the issues in being to determine whether changes in law enforcement practices and priorities have impacted on the cannabis market or are likely to change the way cannabis may be transacted in WA.
13
Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains". Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
14
Andre, Edward E. "Investigating information management weaknesses in a local government organisation: A critical hermeneutic ethnographic case study of internet documents from information warfare and legal perspective(s)". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2005. https://ro.ecu.edu.au/theses/633.
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In this thesis I develop an approach to analyse and interpret internet documents belonging to a particular organisation in a State of Australia. My intention in the research is to find ways to protect a local government organisation from litigation and other threats due to weaknesses in information management on the internet. Based on Gadamer's (1985) approach to the interpretation of text discourse, this thesis is a critical hermeneutic ethnographic case study of one local government organisation investigating internet docunents from information warfare and legal perspective(s).
15
Radbone, Ian. "A history of land transport regulation in South Australia : the relevance of public choice theory". Title page, contents and summary only, 1989. http://web4.library.adelaide.edu.au/theses/09PH/09phr124.pdf.
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Fan, Ka-man Carmen, e 范嘉敏. "Marketing practice of infant formula industry and marketing regulations". Thesis, The University of Hong Kong (Pokfulam, Hong Kong), 2012. http://hub.hku.hk/bib/B48423075.
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Rampant violations of the International Code of Marketing of Breast-milk Substitutes were reported. Evidence showed that the infant formula industry keeps on finding ways to promote their products aggressively. This project proposes to review marketing practice of infant formula industry and marketing regulations in regions with various degrees of the code implementation.
Relevant electronic reports published by the Hong Kong government were searched. A literature search of the PubMed and Google Scholar were performed. Research papers given by local baby formula industry were obtained from the corresponding websites. Local Chinese newspapers were also used in this project.
The Hong Kong Code of Marketing of Breast-milk Substitutes should never only rely on self-disciplines of infant formula industry. Also, strict enforcement of the regulatory provisions and compliance monitoring or reporting systems, accompanied by training and systematic education are the essential elements for tackling the marketing malpractice of infant formula industry. Furthermore, a continuing constructive and responsible cooperation between the Hong Kong government and different stakeholders is also a critical factor to protect infants and parents from the marketing malpractice.published_or_final_version
Public Health
Master
Master of Public Health
17
Golding, Greg. "The reform of misstatement liability in Australia's laws". Connect to full text, 2001. http://setis.library.usyd.edu.au/adt/public_html/adt-NU/public/adt-NU20040206.161344/index.html.
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Higgs, Robin JED Law Faculty of Law UNSW. "Implantable surgical devices issues of product liability". Awarded by:University of New South Wales. School of Law, 2005. http://handle.unsw.edu.au/1959.4/24292.
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Patients who have undergone treatment that has included the surgical implantation of a prosthetic device can become dissatisfied for many reasons. One cause for dissatisfaction is any adverse event where there is a demonstrable causal nexus with the failure of a device that is defective or at risk of being so. The magnitude of therapeutic product failure is considerable and therapeutic goods such as Vioxx, Thalidomide, silicon-gel-filled breast implants, contaminated blood products, cardiac pacemakers and valves, and orthopaedic devices are testimony to this. Many of these events have exposed a greyish area of Australian law that balances medical negligence with consumer protection and contract law. Australian product liability legislation that regulates the use of therapeutic goods is a complex amalgam of law that has at its foundations the Trade Practices Act 1974 (Cth) and the Therapeutic Goods Act 1989 (Cth). When a surgical device fails there can be exposure to liability. This thesis explores those important issues that can impact on individuals or on organisations and it is evident that where issues of product liability concern implanted surgical devices the current regulations for consumer protection may not always be the most appropriate. It is evident that there is a culture of under-reporting of adverse events to a Therapeutic Good Administration that does not have the resources to investigate the cause for failure of a surgical device. Furthermore, there is a potential for bias and conflict of interest in an environment where the regulator depends on the regulated for the funding of its existence. Other issues include the complex and often undesirable consequences of those partnerships that can evolve with the development of an implantable device and with the undertaking of clinical trials, the role of the learned intermediary, that interface between manufacturer and consumer, and the role of the expert witness, that interface between justice and injustice. These and other matters that can significantly influence any debate of implantable surgical device product liability are explored and recommendations are made that might form the basis of a Therapeutic Goods (Safe Medical Devices) Amendment Act.
19
Chan, Hok Kee Nelson. "Contaminated land valuation and the problem of stigma". Phd thesis, Australia : Macquarie University, 2001. http://hdl.handle.net/1959.14/48464.
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Thesis (PhD)--Macquarie University, Graduate School of the Environment, 2001.Bibliography: p. 10-1 to 10-23.
An overview of contaminated land issues -- Land contamination law -- The impact of environmental planning on contaminated land value -- Identification and management of contaminated land -- Contaminated land valuation method - an overview -- Current stigma assessment methods -- Suggested method for stigma assessment -- General conclusion.
This dissertation is about the valuation of contaminated land and the problem of stigma. The value of contaminated land is to a large extent affected by statutory regulations. Stigma, if it exists, is another factor that has significant impact on contaminated land value. This thesis looks at the relevant laws governing contaminated land in Australia. It also introduces an alternative method to assess the stigma factor. -- Contaminated land is a major environmental problem. Apart from causing actual or potential threats to human health and the environment, contaminated land also leads to legal liabilities and financial losses to the landowner. Regarding financial losses, they may be costs to meet legal requirements in relation to clean up and long term monitoring expenses. In addition, they may be losses due to a drop in market value and/or rental of the property, longer vacancy periods, high remediation and monitoring costs. In the extreme case, the property may lose marketability completely. -- Regarding valuation methods, most valuers use traditional valuation methods with arbitrary adjustments. The most straightforward method is the impaired value (affected value) approach. It requires the valuer to assess the property on a clean land basis. From the unimpaired (clean) value, other financial losses due to contamination, remediation costs and stigma value loss are deducted to get the impaired value. The most difficult part is to quantify stigma impact. The existing stigma assessment methods are not satisfactory. Alternative and non-traditional methods are available. However they are academic and are not suitable for day-to-day operation of a valuer. This thesis suggests a multi-criteria decision-making model to assess stigma impact. The target stigma factor is obtained by processing the relevant criteria with the Analytic Hierarchy Process (AHP) method. The best alternative from the model is the reasonable stigma factor for the property.
Mode of access: World Wide Web.
various pagings ill. (some col.)
20
Syarif, Laode Muhamad. "The implementation of international responsibilities for atmospheric pollution : comparison between Indonesia and Australia". Thesis, Queensland University of Technology, 1999.
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21
Knight, Raymond. "The interplay of formal and informal rule systems in government primary schools". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1996. https://ro.ecu.edu.au/theses/951.
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The aim of this dissertation is to examine the effects of regulation upon the practice and behaviour of teachers within a bureaucratic educational organisation. More specifically, the study had been designed to understand how teachers make sense of the rules and regulations of their organisation and identify strategies that they apply to make these rules serve these interests. The rule system theory of Swedish sociologist, Burns and Flam, was employed to inform the study. Thirty teachers, employed at two school sites, were included in this qualitative study. The initial data were collected by questionnaires and a survey of formal rules. From this initial population a stratified sample of fourteen people was selected for interview. Eight subjects were interviewed a second time. The data collected by these means was coded according to its correspondence to the research questions raised for the study. The most significant finding arising from this study was that teachers' knowledge and level of consciousness of the rules and regulations were minimal. Information that they did have was gained through immersion in their workplace and contained a great deal of informal or cultural lore, based upon approximations of the actual regulations The teachers tended to rely on the principal of the school for information about what was permissible and what was not, including role reference direction. All of the teachers interviewed reported that they had an obligation to work within the rules and regulations, even though, as indicated above, they were not aware of the specifics of the formal rule system. A second significant finding related to the responses of the school administrators. Unlike the teachers, their knowledge of the rules was comprehensive but they reported that they often ‘interpreted' the regulation seeking the 'spirit rather than the 'letter' of the rule. They all reported that they believed the rules to be out-dated and, in many cases, irrelevant. Some of the administrators interviewed reported negative attitudes towards the regulations, bordering on contempt in one case the principals reported that they disregarded many of the rules when they felt impeded by them. The only exceptions were rules that carried negative sanctions for non-compliance. Therefore, much of the school level regulation was based on approximations of the official rules and regulations developed by the principal, who assured compliance amongst their staff. It is clear from this study that descriptions of schools as rule governed institutions are oversimplifications of how the formal and informal rule systems, as suggested by Burns and Flam, serve to steer bureaucratic organisations. Senior administrators use the formal rules to establish and bolster their power and authority; at the same time they use considerable discretion in applying or ignoring official rules in order to accomplish what they determine is in the interests of the school.
22
Tongue, Susanne Patricia. "The emergence and implementation of the Commonwealth Sex Discrimination Act 1984, with particular reference to five exemptions". Thesis, Queensland University of Technology, 1994.
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My thesis is that legislation, and particularly legislation which influences fundamental social behaviour, reflects the environment in which it is developed.
It inevitably reflects the compromises forced by interest groups and others during its creation and passage through the parliament It is flawed because of the process. I demonstrate this in an emergence study of the Commonwealth Sex Discrimination Act 1984 and an implementation study of five exemptions contained in it.
The legislation is contrasted with legislation in force
overseas. The analysis is done with reference to relevant jurisprudence including feminist jurisprudence, realism and critical legal theory.
23
McKerchar, Margaret Anne Australian Taxation Studies Program UNSW. "The impact of complexity upon unintentional noncompliance for Australian personal income taxpayers". Awarded by:University of New South Wales. Australian Taxation Studies Program, 2002. http://handle.unsw.edu.au/1959.4/19253.
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This study explores the impact of complexity upon unintentional non-compliance behaviour for personal taxpayers in Australia. This area of research did not appear to have been previously studied in an Australian context and in this respect, the study represents an original contribution. While studies have been conducted both in Australia and overseas, they have generally been directed at other types of compliance behaviour and tend to be inconclusive in their findings. According to the compliance literature, there appeared to be little consensus of opinion on the factors that determined behaviour and appropriate research methods. It emerged that more narrowly-defined studies with stronger research methods offered potential for furthering knowledge in this field. Thus the study focused on one behavioural outcome and one type of taxpayer, using a multi-paradigm research method. Unintentional non-compliance, as an outcome, was selected as it appeared to hold promise for improvements in overall compliance to be readily made, provided its causes were understood. Complexity was considered to be the most likely cause of unintentional non-compliance, and those who prepared their own income tax return, the group likely to be most affected. The study used both a quantitative and qualitative component from which a number of convergent results emerged. These included that the major cause of complexity was the ambiguity of tax laws and the volume of explanatory material required. Further, personal taxpayers were committed to compliance even though they regarded the system as less than fair. Together, complexity and commitment to compliance caused taxpayers to experience unnecessary compliance costs. Where taxpayers completed their own return, complexity resulted in a high level of errors that generally resulted in an overstatement of tax liability. In addition, some taxpayers chose to be over-compliant as a means of dealing with complexity and commitment. It was concluded that complexity compromised the integrity of the Australian income tax system by imposing an unfair burden on personal taxpayers in respect of both tax paid and compliance costs incurred. However, there appeared to be little, if any, financial incentive for the tax authority to address the causes of complexity for personal taxpayers.
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Harte, David. "Internet content control in Australia : data topology, topography and the data deficit". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 2001. https://ro.ecu.edu.au/theses/1073.
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The success of the online adult industry has provoked a public policy controversy over the need for internet censorship, and in recent times there has emerged desire to protect minors from possibly unsuitable content. On January 1st 2000, the Broadcasting Services Amendment (Online Services) Act (Cwlth, 1999) (BSA) was proclaimed. The Act purports to regulate and control Internet content in Australia. Operating in tandem with the Act is the Internet Industry Association Code of Practice, giving Australia a co-regulatory approach to Internet content control. The Australian Broadcasting Authority (ABA) is charged with implementing the regime. This study sets out examine the Internet content control problem in the Australian context. The political issues surrounding the topic of Internet censorship and the lack of reliable operational statistics, revealed the difficulty of estimating the effectiveness of the current control regime. Pivotal questions for the study concerned the scope and scale of content control in the Australian context and trends in hosting. This study used website typology, as defined by data topology and data topography, to examine the scope and scale of the content control task, and the implications for the effectiveness of the BSA. It was expected that if the BSA was to have an impact, that a discernible change in user download behaviour should ensue. This study used information provided by the adult Internet Content Provider (ICP) industry to gauge the BSA's impact-on user download behaviour as a measure of the control regime’s effectiveness. It was suggested by some observers that the so-called 'data deficit' between Australia and the US would be exacerbated by the new content control regime, with possible negative implications for the conduct of e-commerce in Australia generally. A study of Australian adult website hosting arrangements and data topography was conducted to examine the implications of the control regime for the "data deficit'. This study suggests that most Australian online adult content is in fact hosted in the US. The reasons for offshore hosting are almost totally financial and pre-date the introduction of the Broadcasting Services Act (Online Services) Amendment Act 1999. The study also suggests that any effect on the 'data deficit' should be minimal, and that the typology of adult content websites in such that the current co-regulatory regime may prove ineffective in controlling access to adult content.
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Herne, Stephen Charles. "A jurisprudence of difference : the denial of full respect in the Australian law of native title". University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2008.0262.
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Sims, Hazel Jane. "A case study of pressure group activity in Western Australia: Medical care of the dying bill (1995)". Thesis, Edith Cowan University, Research Online, Perth, Western Australia, 1999. https://ro.ecu.edu.au/theses/1220.
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When the Australian Labor Party member for Kalgoorlie, Ian Taylor, presented his Private Member's Bill - the Medical Care of the Dying Bill (1995), he laid the foundation for this thesis. Mr Taylor introduced his Bill to the Western Australian Legislative Assembly on 28 March 1995. The Bill codified the terminally ill patient's right to refuse medical treatment, which clarified common law. This thesis attempts to overcome the dearth of literature in Western Australian lobbying concerning conscience-vote issues. It also identifies the key issues in understanding political lobbying, the form of pressure group activity that takes place and why certain groups respond in different ways. The pressure groups selected for this case study are examined, classified and evaluated resulting in a prescription for lobby group activity for similar conscience-vote issues. According to the Bill's sponsor, Ian Taylor, the legislation was needed to deal with the inconsistencies in common law of the medical treatment of terminally ill people. The Law Reform Commission in its 1991 Report on Medical Treatment for the dying, stated that there was a need to deal with the issue in Western Australia. Due to the advances in medical treatment practices in the past 50 years, doctors can prolong the life of patients for whom there is no cure. The major problem, however, is the Criminal Code: doctors and care providers can be at risk of prosecution and conviction if the patient's wishes are respected and medical treatment is withdrawn, leading to the patient's death. At present there is a general common law right to refuse medical treatment. According to Mr Taylor, the difficulty lies in the fact that in Western Australia, the common law is overridden by the Criminal Code. The Bill also highlighted the role of palliative care and the treatment of the dying. The opinion of most pressure groups was that the rights of terminally ill patients should be protected and enhanced. Of the groups selected for this case study, only the Coalition for the Defence of Human Life objected to the Bill. Other groups supported the principles of the Bill, while some hoped for voluntary euthanasia legislation and others gave tacit approval. Of all the groups the L. J. Goody Bioethics Centre distinguished itself as a key organisation which tended to monopolise political influence. Media exposure of the issue was high, particularly in The West Australian. The "right to die" issue was canvassed and often was reported with references to euthanasia. At the same time the Northern Territory legislation, the Rights of the Terminally Ill Bill (1995), was receiving much media attention. The issue of euthanasia was necessarily discussed in the context of national and international arenas. The political masters of thought on citizen participation and group theory were introduced early in the thesis. John Locke, Jean -Jacques Rousseau, James Madison, Alexis de Tocqueville, Thomas Paine and John Stuart Mill provided valuable insight into the nature of modern political thought on this interesting aspect of political activity. Contemporary political writers such as Trevor Matthews. Dean Jaensch and Graham Maddox were also consulted. The eight pressure groups selected for the study were the: • West Australian Voluntary Euthanasia Society Inc. • Coalition for the Defence of Human life • Australian Medical Association (WA Branch) • Australian Nursing Federation (WA Branch) • L. J. Goody Bioethics Centre • Silver Chain Nursing Association Inc. • Uniting Church of Australia • Anglican Church of Australia Information from the groups formed a significant part of this thesis. An attempt was made in the conclusion to ascertain the effectiveness of the various strategies utilised by the pressure groups and provide an insight into lobbying practices. Ultimately, though, the contentious Bill was not given a third reading. Nor was it debated in the Legislative Council. At one stage it was considered likely that the Bill would be recommitted to parliament. The monitoring of the Medical Care of the Dying Bill (1995) undertaken in this thesis, indicates that this would have been a lengthy and divisive process.
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Fernandez, Joseph M. "Loosening the shackles of the truth defence on free speech : making the truth defence in Australian defamation law more user friendly for media defendants". University of Western Australia. Law School, 2009. http://theses.library.uwa.edu.au/adt-WU2009.0075.
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Defamation laws truth defence the oldest, most obvious and principal defence has failed Australian media defendants. Few who mount the defence succeed. Many, discouraged by the defences onerousness, do not even attempt it. As a consequence the journalistic articulation of matters of public concern is stifled. This thesis argues that the limitations of the Australian truth defence are inconsistent with established freedom of speech ideals and the public interest in having a robust media. As a result society is constrained from enlightened participation in public affairs. This thesis proposes reforms to alleviate the heavy demands of the defence so as to promote the publication of matters of public concern and to strike a more contemporary balance between freedom of speech and the protection of reputation. These reforms employ defamation laws doctrinal calculus to reposition the speech-reputation fulcrum. While defamation law has for decades attracted reform attention, the truth defence has languished by the wayside. This thesis steps into the breech. The cornerstone of this thesis is a proposal to reverse the burden so that the plaintiff bears the burden of proving falsity of the defamatory publication where: the complainant is a public figure; the matter complained about is a matter of public concern; and the suit involves a media defendant. While this proposal is likely to dramatically alter the prevailing Australian freedom of speech/protection of reputation equilibrium, other measures are proposed to serve as a bulwark against the wanton destruction of reputation.
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au, chuntly@parliament wa gov, e Colin Thomas Huntly. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory". Murdoch University, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.
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Common lawyers are notoriously suspicious of legal theory. This is exemplified by the dearth of theoretical content in Australian corporate law debate. If the first sin of legal theory is to presume that it can offer a blueprint for actual decision-making and be a substitute for judicial and lawyerly wisdom, then surely it is an equal transgression to profess that judicial and lawyerly wisdom can for long elude criticism without a sound theoretical basis.
Reasoning by analogy is commonplace. This is as true in legal reasoning as in any other discipline. Indeed, it has been suggested that in the Australian legal context analogical reasoning is the very same judicial and lawyerly wisdom referred to above. In order to determine whether there is a true analogy, a number of legal scholars have suggested that a variety of potential known source analogues should be carefully analysed for their potential relevance to a less familiar target analogue lest an inapt analogy should lead one into error.
The modern trading company is widely regarded as an apt source analogue for resolving jurisprudential issues involving incorporated associations and societies. However the basis upon which this assertion is made has never been adequately elucidated. This thesis tests the hypothesis that the modern trading company is the most apt source analogue for developing a jurisprudence of incorporated associations and societies. This is achieved using a theoretical approach drawn from corporate realist theory that is informed by an epidemiological investigation of incorporated sporting associations and societies in Australia and New Zealand.
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Wunderlin, Beverly J. "The Regulation of Medically Assisted Procreation in Europe and Related Nations and the Influence of National Identity, Social Cultural, and Demographic Differences". Thesis, University of North Texas, 2002. https://digital.library.unt.edu/ark:/67531/metadc3192/.
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This study details the Medically Assisted Procreation regulations in thirty-five nation-states, and explores the influence of national identity, social cultural and demographic differences on these regulations. Detailed data were gathered from ministries of health, offices of prime ministers, embassy staff, and others on regulations for each nation. These data were used to categorize the nations in regard to MAP legislation status and regulatory policy regarding marital or age restrictions; posthumous conception; sperm, ovum, or embryo donation, surrogacy; and policy on handling donors. Possible associations between national identity, social cultural, and demographic data for each nation and their regulations were explained. The thirty-five nations were treated as a population with common geographical and political ties. PRE methods, and eta coefficients were used to assess the associations. Sixteen nations have adopted MAP legislation, eight nations have either alternative regulatory guidelines or partial structures, four nations have legislation pending and possibly some laws, and seven nations are unregulated. Based upon statistical analysis, language group emerges as an important indicator for differences in MAP regulations. For example knowing a nation's language group enabled percent improved prediction of that nation's regulatory handling of embryo donation. The percent GDP spent on health care was found to have a substantial or moderate association with most regulations. The findings of this study indicate that the cultural roots associated with national identity as well as economic circumstances such as health care budgets impact the policy making process responsible for the regulation of MAP in Europe. Among other mediating circumstances, MAP related family law cases brought to the European Court of Human Rights create an accumulation of judge-made law, which help create a common European standard. This study of the European region provides a baseline for further research and a reference for cross cultural comparisons.
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Moore, Gregory Allison Business Law & Taxation Australian School of Business UNSW. "A theory-based description of Australian franchising regulation". Publisher:University of New South Wales. Business Law & Taxation, 2008. http://handle.unsw.edu.au/1959.4/41223.
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This paper examines franchising regulation in Australia as a case study for the analysis of regulation based on established regulatory theory. A literature review is conducted to establish and critique the theory of regulation based on the four main areas of established theory; regulatory purpose, regulatory strategies, rulemaking and enforcement. Case study data is drawn from primary source material and academic commentary on franchising regulation and presented according to the eras of franchising regulation in Australia, moving from the first proposals for legislation in the 1970s to the prescribed mandatory Franchising Code of Conduct model adopted in 1998 and refinements made to that scheme up to 2006. An analysis is then conducted on each major aspect of Australian franchising regulation using the established theoretical principles and analytical constructs available in the literature. The study concludes that the Franchising Code of Conduct regime, as a culmination of the experience gained and study undertaken in the preceding eras, is characterised by the availability of a broad range of enforcement options from harsh deterrence-oriented measures to more gentle and cooperative compliance-oriented options constituting an effective regulatory pyramid. The effectiveness of the regime is further bolstered by the presence of a credible regulatory strategy pyramid which emphasises the real possibility of escalated intervention, coupled with skilful deployment by the Australian Competition and Consumer Commission as enforcement agency. The principal weakness of the scheme is identified as unnecessarily ambiguous drafting in some areas, which compromises the quality of the otherwise highly transparent ruleset. It is suggested that the choice of regulatory strategy, often a focus of superficial examinations of regulation, is largely irrelevant to the nature of the regulation, with other features such as enforcement strategy, legitimacy, and availability of credible sanctions proving much more important. A proposal for an analytical framework based on the established theory is developed based on the experience of applying that theory to the case study. While this outlined framework assists in broadening focus across the entire regulatory regime to encourage assessment of the component parts, a lack of cohesion and linkage amongst the components highlights a shortcoming in the development of regulatory theory and an opportunity for further research.
31
Brooklyn, Bridget. "Something old, something new : divorce and divorce law in South Australia, 1859-1918". Title page, contents and summary only, 1988. http://web4.library.adelaide.edu.au/theses/09PH/09phb872.pdf.
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Huntly, Colin T. "In search of an appropriate analogy for sports entitites incorporated under associations incorporation legislation in Australia and New Zealand using broadly conceived corporate law organic theory /". Access via Murdoch University Digital Theses Project, 2005. http://wwwlib.murdoch.edu.au/adt/browse/view/adt-MU20070129.145203.
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SCHWADERER, Melanie Ariane. "Resale price maintenance in consumer good markets : an economic justification for the prohibition of RPM". Doctoral thesis, European University Institute, 2019. https://hdl.handle.net/1814/62545.
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Defence date: 27 February 2019Examining Board: Prof. Dr. Heike Schweitzer, LL.M. (Yale), Humboldt-Universität zu Berlin; Prof. Giorgio Monti, European University Institute; Prof. Dr. Rupprecht Podszun, Heinrich-Heine-Universität Düsseldorf; Prof. Lorenzo Federico Pace, Università degli studi del Molise
The thesis contributes to the debate on the EU’s approach to the business practice of resale price maintenance (RPM), which is widely criticized as too strict and in conflict with what is considered to be the consensus in the economic literature. The thesis critically dissects the economic consensus, on which the critique against the EU’s approach is based, by analyzing the empirical evidence that is cited to support the claim that RPM can frequently be explained by the service-based RPM models and shows that there is no convincing evidence that would support the significance of these positive RPM models that predict positive effects on welfare. To support this finding the thesis collects new evidence by surveying the marketing literature and shows that not only is there no convincing evidence that the positive RPM models frequently apply, but to the contrary there is evidence that these models are inconsistent with the real world phenomenon of RPM. Having refuted the service-based models the thesis takes up the scientific challenge that “it takes a theory to beat a theory” and proposes to fill the gap with three price-based models. The thesis offers an analysis of the three price-based RPM models, first from the perspective of welfare effects and then from a broader economic perspective in an attempt to ultimately show that the EU approach to RPM can be justified based on these economic models. All three models explain the situation in which RPM is used by a branded good manufacturer to create the perception of high quality, which is used either as a credible quality signal, becomes a component of the product or is used to bias the consumer decision; they thus enter the difficult terrain of consumer preference formation and of markets for the intangible components of a product.
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Sullivan, Camille. "Two's legal but three's a crowd : law, morality and three-parent embryos: regulation of mitochondrial replacement therapy". Thesis, Canberra, ACT : The Australian National University, 2013. http://hdl.handle.net/1885/109247.
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Goryan, Michael Stanley. "Reasoning from cause to effect: The government and the marketing of new medicine in the 80s". CSUSB ScholarWorks, 1987. https://scholarworks.lib.csusb.edu/etd-project/422.
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Annakin, Lindy. "In the public interest or out of desperation? The experience of Australian whistleblowers reporting to accountability agencies". Thesis, The University of Sydney, 2011. http://hdl.handle.net/2123/7904.
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Whistleblower protection legislation in Australia has three objectives: (i) to facilitate the making of disclosures about public interest wrongdoing in government departments, (ii) to ensure such disclosures are properly dealt with, and (iii) to ensure the protection of whistleblowers. These objectives align with the three core purposes of accountability: reporting information, justification and debate, and the rectification of any wrongdoing. Using empirical data collected by a national research project, ‘Whistling While They Work’, this thesis analyses the experiences of whistleblowers who make their disclosures to external accountability agencies - auditors-general, ombudsmen, corruption and crime commissions and public sector standards. The whistleblowers in this study reported wrongdoing to their own departments, out of loyalty to their organisation and trusting that their managers shared their ethical values and commitment to integrity. Only when this trust was breached, did they make their disclosures to external accountability agencies in the hopes of achieving rectification of the wrongdoing and protection from reprisals. The focus of the analysis is on the extent to which accountability agencies are achieving the objectives of the legislation. The fundamental conclusion is that they are not. Resource constraints and problems with the legislation itself, particularly the ‘public interest’ threshold test, clearly contribute to agencies’ limited achievements. In large part, however, accountability agencies have failed to develop approaches to whistleblowing that take into account the needs and vulnerabilities of whistleblowers. Accountability agencies trust the ‘distributed integrity’ in government departments in the same way as they do for other areas of their work, for example, complaints from the general public. In doing so, they fail to use the many-faceted experience of whistleblowing to improve accountability. All too often, they simply confirm whistleblowers’ disappointment in the standards of ethics and accountability within the public sector.
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Venter, Debra. "The UNCITRAL model law on international commercial arbitration as basis for international and domestic arbitration in South Africa / Debra Venter". Thesis, North-West University, 2010. http://hdl.handle.net/10394/4930.
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Commercial arbitration is growing in importance in the modern world. People often use arbitration to ensure adjudication by an expert in the field and although arbitration may not always be quicker, its importance continues to grow especially in international commercial disputes.1 Effective arbitration procedures will have positive consequences for the economical and political relationships between countries.2
The Arbitration Act 42 of 1965 might have sufficed in the past, but as international commercial arbitration is ever increasing and changing, this act has become out–dated. It does not effectively facilitate international commercial arbitration. The Act was primarily designed with domestic commercial arbitration in mind and therefore it is of limited assistance in the international commercial arbitration sphere.
The United Nations Commission on International Trade Law3 has developed the Model Law on International Commercial Arbitration.4 This Model Law or variations thereof can be adopted by a country to regulate international commercial arbitration.5 Many countries choose to adopt the Model Law. The reasons vary but some are that the country’s own arbitration laws were out–dated and needed replacement. The Model Law has proved to be effective and it has become a benchmark for good arbitration legislation.6 Some countries have even adopted the Model Law for use in domestic commercial arbitration disputes. The South African Law Commission7 published a report in 1998 dealing with the possible application of the Model Law on international commercial arbitration in South Africa. It drafted a Draft Bill on International Arbitration (not as of yet promulgated) based on the Model Law.9 One of the points of discussion in the report of the Commission was whether the Model Law should also be made applicable to domestic commercial arbitration in South Africa. The conclusion was that domestic and international arbitration should be dealt with separately and that the present Act regulating domestic arbitration should be amended but not replaced by the Model Law. This implies two arbitration regimes: the International Arbitration Act (dealing only with international commercial arbitration); and the Arbitration Act (dealing only with domestic commercial arbitration) After the Commission’s report had been studied and South Africa’s legal position had been compared with Australia’s legal position, it is conlcuded that Australia is a good example to follow in regard to arbitration practices. It is, however, important to keep South Africa’s own background in mind. A good point made by Australia, is the fact that international commercial arbitration legislation and domestic commercial arbitration legislation, should be kept separate. This will bring about effectiveness and clarity for the users of the said legislation. Furthermore, as end conclusion, the Commission’s view is not favoured in regard to the fact that South Africa’s domestic arbitration legislation should not be based on the UNCITRAL Model Law. It would be a good idea to follow suit with Australia and base both South Africa’s international and domestic commercial arbitration legislation on the UNCITRAL Model Law.Thesis (LL.M. (Import and Export Law))--North-West University, Potchefstroom Campus, 2011.
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McGowan, Wayne S. "Thinking about the responsible parent : freedom and educating the child in Western Australia". University of Western Australia. Graduate School of Education, 2004. http://theses.library.uwa.edu.au/adt-WU2005.0014.
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This study is concerned with how educational legislation shapes and uses freedom for the purpose of governing the parent. The key question guiding the study was: How does the Act constitute the ‘parent’ as a subject position responsible for schooling the child? Central to the work is an examination of the School Education Act 1999 (the Act) using Foucault’s thinking on governmentality. This is prefaced by historical accounts that bring together freedom and childhood as contrived styles of conduct that provide the governmental logic behind the Act. The study reveals how the Act shapes and uses the truth of freedom/childhood to construct the responsible parent as a style of conduct pegged to a neo-liberal political rationality of government. It is this political rationality that provides the node or point of encounter between the technologies of power and the self within the Act which forms the ‘responsible’ identity of the parent as an active self-governing entrepreneur made more visible by the political construction of ‘others.’ This is a legal-political subjectivity centred on the truth of freedom/childhood and a neo-liberal rationality of government that believes that any change to our current ethical way of being in relation to educating the child would ruin the very freedoms upon which our civilised lifestyle depends. In essence, the Act relies on the production of ‘others’ as the poor, Aboriginal and radical who must be regulated and made autonomous to constitute the ‘parent’ as an active consumer whose autonomous educational choices are an expression of responsibility in relation to schooling the child
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Cleary, Paul. "Iron ore dreaming : a study of native title negotiations in the Pilbara, Western Australia". Phd thesis, Canberra, ACT : The Australian National University, 2014. http://hdl.handle.net/1885/150452.
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"The Application of Anti-dumping and Countervailing Measures in Australia". University of Technology, Sydney. Faculty of Law, 1996. http://hdl.handle.net/2100/267.
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The application of anti-dumping and countervailing measures has always been controversial, particularly, as they do not address the issue of the level of local value added in the production process. Are these measures simply industry assistance measures under another guise, or are they to protect the 'fair trade' framework to further the opportunity for free trade? All the indications are that these measures reflect the former option. However, the global political climate as represented through the GATT and now the WTO Agreements is to tolerate the imposition of both anti-dumping and countervailing measures provided they are applied according to the provisions of the Agreements. It is becoming increasingly more difficult for any nation state to abolish the right of their 'guest' industries to obtain anti-dumping or countervailing relief, given the economic power of multinational industries operating within their boundaries. The practical issue is for each nation state to use these measures in a way which is of least detriment to their economy. Gruen in 1986 reviewed the application of the then Customs Tariff (Anti-Dumping) Act 1975, and found that there needed to be a tightening-up of the injury test applied to anti-dumping cases. It is recommended that Gruen's tougher injury standards be implemented forthwith. He also recommended a continuing role for the Industry Commission as the appeal body for a review of the facts, and for there to be a continuing assessment of the effects of the measures imposed. The government, however, created an Anti-Dumping Authority attached to the then Department of Industry Technology and Commerce (DITAC), whose member and officers came from that department. The principal function of this body was to review the preliminary decisions of Customs, and to recommend the imposition of duties or acceptance of an undertaking to the Minister. There was no provision for an independent review of facts. One of the results of the increased complexity of the existing process and consequently the law, is a large increase in litigation before the Federal Court. There is a need to simplify the administrative structure and the provisions of the domestic law. The latter should be accomplished by the incorporation of the provisions of the WTO Agreements directly into domestic law. The espoused policy objectives of the government have not been met. The application of anti-dumping and countervailing measures favour import competing industries, and are against countries from which imports are growing. Korea and China have been singled out, with these countries showing the highest incidence of import weighted of anti-dumping measures. They also happen to be countries with which Australia has a trade surplus, a policy factor which is neglected by the administering authorities. There is a need to redress this imbalance. Predation identified by the government as a reason for taking anti-dumping action, has been shown not to be a reason for the application of anti-dumping duties in Australia. As a small country, Australia should take advantage of the use of the WTO dispute settlement process in settling anti-dumping and countervailing disputes. Consultations should commence at the earliest possible stage in inquiries, with the view to the settlement of the dispute by trade negotiation so that the outcome can be beneficial to both parties. This may, for example, allow for the specialisation in production between the two Members. WTO dispute settlement is seen as a positive approach to dispute settlement, whereas the use of the domestic courts tends to elevate the dispute between the parties. The Department of Foreign Affairs and Trade needs to take a leadership role in settling all anti-dumping and countervailing actions through the WTO dispute settlement process, with a view to a positive outcome for both Members. Placing an anti-dumping import tax on intermediate products entering Australia is counter-productive, as it increases the cost of inputs to downstream users. Temporary relief should be given by way of production subsidy, if the matter cannot be resolved through WTO trade consultations.
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Qu, Charles Zhen. "Civil remedies against insider dealers : a study in the contexts of managed investments using unit trusts". Phd thesis, 2006. http://hdl.handle.net/1885/151584.
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Donaghey, Bronwyn. "Regulating the biological family : policy, genetics, discourse, and diminishing ’other’ bodies". Thesis, 2006. http://hdl.handle.net/2440/57101.
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This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues.Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006
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Donaghey, Bronwyn. "Regulating the biological family : policy, genetics, discourse, and diminishing ’other’ bodies". 2006. http://hdl.handle.net/2440/57101.
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Title page, contents and abstract only. The complete thesis in print form is available from the University of Adelaide Library.This thesis identifies and elaborates on the way in which notions of genetic inheritance connect with notions of ’proper’ families and hence shape policies concerning reproduction and family formation. Assumptions about the structure and shape of the ’proper’ or ’traditional’ family - as a heterosexual two-parent unit with biological children - and its claim to naturalness, are embedded in policies related to reproductive technologies and family formation. The thesis explores the discourses surrounding the following specific policies - surrogacy, IVF, adoption, abortion, child support and posthumous reproduction - to elucidate the frameworks of meaning within which we understand these issues.
http://proxy.library.adelaide.edu.au/login?url= http://library.adelaide.edu.au/cgi-bin/Pwebrecon.cgi?BBID=1295254
Thesis (Ph.D.) -- University of Adelaide, School of History and Politics, 2006
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Josephian, Virginia Louise. "Divorce in Australia : 1947-1982". Phd thesis, 2004. http://hdl.handle.net/1885/149646.
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Evans, N. "Jurisdictional disputes and the development of offshore petroleum legislation in Australia". Thesis, 1998. https://eprints.utas.edu.au/19699/1/whole_EvansNathan1999_thesis.pdf.
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This thesis examines the reform of the legislative regime for governing offshore oil
development on Australia's continental shelf. In particular, the thesis explores how
several factors have combined to shape the Commonwealth's offshore petroleum
legislation at various stages since its original enactment. The more important of these
factors include questions of constitutional law, the impact of the emerging law of the sea,
the Commonwealth's policy-making and administrative expertise, and the input of state
governments and the oil industry to Commonwealth offshore policy.
The thirty year history of the Petroleum (Submerged Lands) Act can be considered as
having evolved through four distinct phases. During the 1960s, the Commonwealth
legislated to accommodate the states' much greater capacity to administer offshore oil
development. The second phase of offshore policy in the 1970s is characterized by the
Commonwealth's assertion of its superior legislative capabilities over offshore areas visa-vis
the states. Following the associated inter-governmental tension, the third
evolutionary phase in the early 1980s represents a return to a collaborative offshore
policy approach. The fourth phase corresponds with the current mature state of the regime
wherein the Commonwealth now prevails in offshore petroleum policy but still involves
the states directly in continental shelf policy making under Commonwealth law. Despite
the responsibilities of the Commonwealth and states shifting over time because of the
influence of the factors identified above, the participation of both spheres of government.
in continental shelf policy has never been seriously doubted. This thesis argues that it is
the joint exercise of decision-making powers by the Commonwealth and states that has
provided stability to an otherwise volatile area of natural resources policy. In strictly legal terms, the Commonwealth could have asserted its jurisdiction in
respect of the extended continental shelf when it first entered this legislative policy field
in 1967. Because of the particular combination of factors prevailing at that time, however,
the Commonwealth instead vacated to the states the policy field of offshore petroleum.
The early role assumed by the states assured them of continued participation in the
Commonwealth's offshore petroleum regime, even after offshore jurisdiction was divided
three miles offshore in 1980 as part of the Offshore Constitutional Settlement (OCS). At the same time, the Commonwealth has come to realize the necessity of state
government input to its continental shelf regime. While the Commonwealth has
increasingly legislated to reduce the role of the states in offshore petroleum policy, this
sphere of government still participates directly in administering the continental shelf
regime through the exercise of Commonwealth powers.
That the Commonwealth has progressed its marine resources policies within the
context of the OCS without sending Australia back into another phase of offshore
disputation testifies to the maturation of this policy area, and the legal and administrative
regimes established to govern offshore petroleum development. The thesis shows that the
regime established under the Petroleum (Submerged Lands) Act has handled
jurisdictional issues with a high degree of success through its evolving partnership
between the Commonwealth and the states. Although the offshore petroleum regime does
have some shortcomings, the legislation nonetheless provides a model by which
jurisdictional differences over offshore resources can be overcome. Thus, the offshore
petroleum regime established under the OCS arrangements has relevance for other
federations struggling with offshore jurisdiction issues, particularly the United States.
46
Greinke, Andrew John. "The impact of the financial institutions scheme on Australian credit unions". Phd thesis, 1999. http://hdl.handle.net/1885/144697.
Texto completo da fonte
47
Omaji, Paul Omojo. "Labour law in Australia and Nigeria : a comparative study in the sociology of legislation". Phd thesis, 1992. http://hdl.handle.net/1885/132443.
Texto completo da fonteResumo:
This thesis attempts a comparative sociology of the labour law in Australia and Nigeria.
It finds that there are fundamental similarities between the compulsory arbitration laws
of both countries which cannot be adequately explained, simply, in terms of race,
geography or stages of industrial development. The thesis outlines in considerable
details two broad sociological perspectives on law, the autonomy model and the social
product model, and uses the insights of these two approaches to explain the observed
similarities.
The thesis shows that the 1904 Australian law was transplanted to Nigeria in the period
1968-76. Further, it shows that although at first sight Australia in 1904 is very different
from Nigeria in 1968, the respective social circumstances (particularly the social
control traditions) were remarkably similar, thus allowing the borrowing of the
Australian legislation by Nigeria. The few differences which the thesis identifies
suggest that the borrowing was not a case of blind legal transplantation.
48
Falconer, Louise Morag. "Colonies, condoms and corsets : fertility regulation in Australia and Canada". Thesis, 2002. http://hdl.handle.net/2429/12462.
Texto completo da fonteResumo:
This thesis investigates Australian and Canadian legislation that regulated women's
reproduction in the late nineteenth and early twentieth century and offers some explanation
for their enactment.
At the turn of the twentieth century, Australia and Canada enacted a series of laws that
were aimed at limiting the control women could exercise over their reproductive functions.
From the 1880s through to the first decade of the twentieth century, legislation that
prohibited the advertisement of contraception, regulated maternity homes as well as
criminal laws that proscribed abortion were promulgated by Australian and Canadian
parliaments. This thesis investigates why such legislative activity occurred and proposes
that the initiation of these measures targeting abortion, infanticide and birth control cannot
be disassociated from the highly gendered and racialised rhetoric resonating throughout the
British Empire. Concern about racial integrity, heightened by a fear generated by the
declining birth rate, promoted a climate in which exercising control over women's fertility
was seen as warranted. White women's reproductive capabilities were a vital ingredient in
keeping the settler colonies of Australia and Canada white and British — white women
were expected, quite literally, to give birth to the nation. As this thesis shows, when women
did not adhere to these expectations of maternity, the law was used in an attempt to monitor
and regulate their reproductive activities.
49
Lane, Karen Lesley. "Broadcasting, democracy and localism : a study of broadcasting policy in Australia from the 1920s to the 1980s / Karen Lesley Lane". Thesis, 1987. http://hdl.handle.net/2440/18715.
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50
Bruce, Alexander Donald Paul. "Putting the chicken before the egg : the potential for the Australian consumer law to advance food animal welfare initiatives". Phd thesis, 2012. http://hdl.handle.net/1885/150833.
Texto completo da fonteResumo:
This thesis explores whether and to what extent the theoretical and legal foundations of competition and consumer law can advance food animal welfare initiatives and address welfare issues associated with the religious slaughter of animals. By 'food animals' I mean the millions of chickens, cows and pigs processed and slaughtered in Australia each day for human consumption.
This exploration proceeds, as an example, through an evaluation of the prohibition against misleading or deceptive conduct in section 18 of the new Australian Consumer Law ('the ACL').{u2091}
Since mid-2011, the welfare of food animals has assumed a level of urgency in Australia. Disturbing evidence of Australian export cattle being abused by Indonesian abattoir workers as the cattle were slaughtered according to Islamic ritual ignited a national outcry, resulting in the Commonwealth government suspending the entire live export trade for a period of time. Similar abuses were filmed at two Australian abattoirs in 2012.
Although the question posed by this thesis is narrow in its focus, the answers it anticipates, and that are explored throughout, have much wider significance for the universal task of improving the welfare of animals generally and food animals particularly. This is because in answering the central question, the thesis interrogates the normative assumptions, both philosophical and religious, that for millennia have informed the Western characterisation of animals as exploitable property.
It explores the most promising contemporary philosophical challenges to this characterisation, discusses their limitations and identifies theoretical gaps that might be exploited by future scholarship for the benefit of animals.
The thesis questions the protection of freedom of religious practice in democratic societies when those practices involve the slaughter of other sentient beings. It explores the difficulties experienced by governments in increasingly multicultural United Kingdom, European Union and New Zealand, in navigating this highly controversial issue.
With neo-classical economic principles driving contemporary Western markets, the thesis demonstrates the incoherency experienced by governments as they pursue regulatory agendas that bring into conflict the efficient and profitable development of primary industries on the one hand and the welfare of food animals on the other.
However, if an underlying cause of food animal suffering lies in market dynamics informed by neo-classical principles of efficiency and profit{u00AD} maximisation, then perhaps one indirect solution may also emerge from those same principles. Accordingly, the thesis investigates the theoretical and legal potential for consumer protection and competition policy to empower consumers in ways that will advance food animal welfare. And, it evaluates the outer limits of consumer protection jurisprudence, in the form of the prohibition against misleading or deceptive conduct in ACL s 18 in doing so.
In fact, this is precisely the intention of the Commonwealth government. In its 2011 Labelling Logic Report^2 into national food labelling, the Commonwealth government has stated its intention to indirectly regulate these food animal welfare issues through market forces underpinned by competition and consumer policy.
Food animal welfare concerns and religious slaughter practices are characterised by the Labelling Logic Report as 'consumer values issues' best regulated by preventing suppliers from making misleading or deceptive claims, such as 'free range', in marketing their food animal products.^3
In an increasingly competitive food product market, it is anticipated that demand for ethically produced food animal products will signal producers of consumer preferences for food animal welfare practices. In safeguarding this consumer demand, the Commonwealth government intends the ACL to play a key role in preventing suppliers from exploiting consumer demand for welfare-friendly food animal products by preventing misleading or deceptive marketing claims.
Through the analytical device of hypothetical litigation commenced by the ACCC against a large national retailer of food animal products alleging misleading or deceptive conduct in food animal welfare representations associated with those products, the thesis demonstrates how case law enables the ACL to prevent 'positive' but misleading claims. However, it also explores legal difficulties associated with conceptualising silence as misleading or deceptive conduct potentially compromising the ability of the ACL to address welfare issues associated with the religious slaughter of animals.
In these circumstances, if it is seriously intending to support consumer values issues associated with food animal welfare, the Commonwealth government will need to supplement the general provisions of the ACL with more specific legislative reforms empowering consumers to make accurate and informed purchasing decisions in expressing their demonstrated concern for food animal welfare.
Of course, reliance upon the ACL or labelling specific consumer legislation does not absolve Western societies of the larger imperative to develop a coherent philosophy of animal welfare that commands general acceptance. With that imperative in mind, and although this is a legal and not a philosophical thesis it nevertheless proposes a re-definition of the social contract to include all sentient beings based on an 'ethic of bioinclusiveness'; a philosophical framework created by this thesis in describing a new animal welfare ethic grounded in sentience and the fundamental interdependence of human, animals and the environment.
However, until an adequate philosophy of animal welfare has been created and gen.erally accepted, the thesis concludes that consumer demand, protected by the ACL and underwritten by strategic enforcement through the ACCC, has the potential to permit at least partial advances in food animal welfare.
1 Effective from 1January 2011and found in Schedule 2 to the Competition and Consumer Act 2010 (Cth). Section 18 relevantly prohibits a person, in trade or commerce, engaging in conduct that is misleading or deceptive or likely to mislead or deceive.
2 Food Labelling Law and Policy Review Panel, Labelling Logic: Review of Food Labelling Law and Policy, 27 January 2011, Commonwealth of Australia. 3 Ibid 97 [6.3].