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1
Fernandez, Joseph. "Journalists’ confidential sources: Reform lessons from recent Australian shield law cases." Pacific Journalism Review 20, no. 1 (May 31, 2014): 117. http://dx.doi.org/10.24135/pjr.v20i1.190.
Повний текст джерелаАнотація:
That journalism, especially journalism delving into serious impropriety, relies heavily upon a journalist’s ability to honour promises of confidentiality to sources, and therefore needs protection, has been well acknowledged. Former Attorney-General Philip Ruddock in proposing protection for journalists’ confidential sources—commonly referred to as shield law—in the first such major federal level initiative, said ‘[t]his privilege is an important reform to evidence law’ (Explanatory Memorandum, 2007); and in the circumstances then prevailing ‘the protection of journalists is too important an issue to wait’ (Philip Ruddock, Second Reading Speech, 2007). In one instance the court went so far as to say that the importance of source protection was ‘entirely unexceptionable and in accordance with human experience and common sense’ (Liu, 2010, para 51). Are journalists’ confidential sources better protected with the advent of statutory protection in several Australian jurisdictions? The media does not think so (MEAA, 2013). Former Attorney-General Mark Dreyfus observed towards the end of his term of office: ‘Recent court proceedings have highlighted the inadequacy of protections for journalists in some jurisdictions and lack of uniformity in laws across Australia’ (Dreyfus, 2013). The current Commonwealth government in relation to national uniform shield law is unclear. The Australian shield law framework beckons reform and recent events indicate some potential reform areas.
2
Quilter, Julia, and Luke McNamara. "The Meaning of “Intoxication” in Australian Criminal Cases." New Criminal Law Review 21, no. 1 (2018): 170–207. http://dx.doi.org/10.1525/nclr.2018.21.1.170.
Повний текст джерелаАнотація:
Although alcohol and drug use features prominently in many areas of criminal offending, there has been limited investigation of how the effects of alcohol and other drugs are treated by criminal laws and the criminal justice system. This article examines the framing of judicial inquiries about “intoxication” in criminal cases in Australia. It illustrates the diverse types of evidence that may (or may not) be available to judges and juries when faced with the task of determining whether a person was relevantly “intoxicated.” It shows that in the absence of legislative guidance on how the task should be approached, courts tend to assign only a relatively marginal role to medical and scientific expert evidence, and frame the question as one that can be answered by applying common knowledge about the effects of alcohol and other drugs. The article examines the adequacy of this approach, given the weak foundation for assuming that the relationship between intoxication and the complex cognitive processes on which tribunals of fact are often required to reach conclusions (such as intent formation) is within the lay knowledge held by jurors and judges.
3
Hopkins, Tamar. "Litigating Racial Profiling: The Use of Statistical Data." Law in Context. A Socio-legal Journal 37, no. 2 (September 3, 2021): 37–53. http://dx.doi.org/10.26826/law-in-context.v37i2.155.
Повний текст джерелаАнотація:
The use of statistical data to prove racial discrimination by police in individual cases is relatively novel in Australia. Based on a survey of international strategies, this article argues that statistical and social science data can play three critical evidential roles in litigation. Firstly, it can form part of the social context evidence used to influence the inferences that can be drawn from other evidence led in a case. Secondly it can influence the cogency of the evidence required for claimants to meet the standard of proof, and thirdly, it can be used to shift the burden of proof. Using these evidential methods, evidence of institutional racism can be used to assist in making findings of discrimination in individual cases. This article speculates on the role that statistics could have played in the Haile-Michael race discrimination claim that settled in 2013, and in the 2019 inquest into the death of Tanya Day.
4
Hayward, Benjamin. "Pro-Arbitration Policy in the Australian Courts — the End of Eisenwerk?" Federal Law Review 41, no. 2 (June 2013): 299–331. http://dx.doi.org/10.22145/flr.41.2.4.
Повний текст джерелаАнотація:
International arbitration is an important area of federal jurisdiction and federal legislative competence, and has attracted significant policy attention in Australia. This paper undertakes a study of pro-arbitration judicial policy in recent arbitration-related Australian case law which touches upon the continuing applicability of the controversial 1999 Eisenwerk decision of the Queensland Court of Appeal. Against this pro-arbitration judicial policy context, this paper reviews five Eisenwerk-related cases handed down between 2010 and 2012. It concludes that despite pro-arbitration judicial policy being embedded as a requirement of reasoning in decisions under the International Arbitration Act 1974 (Cth), there is mixed evidence of such policy in the cases surveyed. This paper concludes that the extent to which this policy is evidenced largely corresponds with the degree to which contemporary decisions have departed from Eisenwerk.
5
Antoni, Veri. "THE POSITION OF INDIRECT EVIDENCE AS VERIFICATION TOOLS IN THE CARTEL CASE." Mimbar Hukum - Fakultas Hukum Universitas Gadjah Mada 26, no. 1 (June 25, 2014): 137. http://dx.doi.org/10.22146/jmh.16059.
Повний текст джерелаАнотація:
Indirect (circumstantial) evidence, either economic evidence or communication evidence, has been used in cartel cases in many countries such as United States of America, Japan, Australia, Brazil, Malaysia, and others. According to Indonesia criminal procedure law, the position of indirect (circumstantial) evidence is categorized as an indication (clue evidence) whereas according to Indonesia civil procedure law, indirect (circumstantial) evidence is categorized as presumption. Considering the characteristics the antimonopoly law which aims to find material truth, the position of indirect evidence is more properly said to be an indication. Owing to its status as an indication, indirect evidence should be exhibited together with the other direct evidence. Indirect evidenceatau bukti tidak langsung, baik bukti ekonomi atau bukti komunikasi, telah digunakan dalam kasus-kasus kartel di banyak negara, seperti Amerika Serikat, Jepang, Australia, Brazil, Malaysia, dan lain-lain. Menurut hukum acara pidana Indonesia, posisi bukti tidak langsung dikategorikan sebagai indikasi (bukti petunjuk), padahal menurut hukum acara perdata Indonesia, bukti tidak langsung dikategorikan sebagai praduga. Mengingat karakteristik hukum anti-monopoli yang bertujuan untuk mencari kebenaran materiil, posisi bukti tidak langsung lebih tepat dikatakan indikasi. Karena statusnya sebagai indikasi, bukti tidak langsung harus dipamerkan bersama dengan bukti langsung lainnya.
6
Urbas, Gregor, and Michael Harris. "Children in the Criminal Justice System: the High Court Cases of GW and RP." Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 14–21. http://dx.doi.org/10.15209/vulj.v7i1.1046.
Повний текст джерелаАнотація:
In two decisions handed down in 2016, the High Court of Australia considered legal measures designed to deal with children in the criminal justice system in an age-appropriate manner. The first case, The Queen v GW, was a prosecution appeal involving the unsworn evidence of a child witness. In this decision, the High Court reviewed the common law and statutory background to unsworn evidence, and gave important guidance on the proper approach to dealing with such evidence in proceedings. The second case was RP v The Queen, which involved the criminal responsibility of a child defendant, and in particular the application of the doli incapax presumption. In this decision, the High Court reviewed the common law background to doli incapax, and gave guidance on its application in criminal proceedings. This commentary discusses both cases and the principles underlying the High Court’s reasoning.
7
Arcuri, Alessandra, Lukasz Gruszczynski, and Alexia Herwig. "Risky Apples Again? Australia – Measures Affecting the Importation of Apples from New Zealand." European Journal of Risk Regulation 1, no. 4 (December 2010): 437–43. http://dx.doi.org/10.1017/s1867299x00000933.
Повний текст джерелаАнотація:
The section on WTO law highlights the interface between international trade law and national risk regulation. It is meant to cover cases and other legal developments regarding the SPS, TBT and TRIPS Agreements and the general exceptions in both GATT 1994 and GATS as well as to inform about pertinent developments in recognized international standardization bodies and international law. Of recurrent interest in this area are questions of whether precautionary policies can be justified under WTO law, the standard of review with which panels and the Appellate Body assess scientific evidence and the extent to which policy can and should influence risk regulation.
8
Bates, Frank. "Can We Accept the Acceptable?: Evidence and procedure in child sexual abuse cases in recent Australian law." Children Australia 17, no. 3 (1992): 13–16. http://dx.doi.org/10.1017/s1035077200013286.
Повний текст джерелаАнотація:
In an earlier article (Bates, 1990), it was suggested that the test enunciated by the High Court of Australia in In the Marriage of M (1988) F.L.C. 91–979 for denying custody or access in cases where there had been allegations of child sexual abuse was inappropriate. In that case, it will be remembered, the High Court stated (at 77,081) that: To achieve a proper balance, the test is best expressed by saying that a court will not grant custody or access to a parent if that custody or access would expose the child to an unacceptable risk of sexual abuse.
9
Nottage, Luke. "International Commercial Arbitration in Australia: Whats New and Whats Next?" Journal of International Arbitration 30, Issue 5 (October 1, 2013): 465–94. http://dx.doi.org/10.54648/joia2013031.
Повний текст джерелаАнотація:
This article argues that not much has changed since Australia amended in 2010 its International Arbitration Act, incorporating most of the 2006 revisions to the UNCITRAL Model Law as well as other reforms aimed at positioning Australia as a plausible arbitral venue in the Asia-Pacific region. There is no evidence yet of a broader 'cultural reform' that would make international arbitration speedier and more cost-effective - as urged by Australia's then Attorney-General when introducing the 2010 amendments. In fact, the article first outlines one ongoing cross-border dispute that has engendered at least five sets of proceedings, including a (thankfully unsuccessful) constitutional challenge to the Model Law regime. It then compares case disposition statistics for other Federal Court cases decided three years before and after the amendments, finding only minor differences.1 The article suggests a range of further revisions needed for the Act that emerge from the dispute including the constitutional challenge, as well as other topics for reform including measures to encourage a more internationalist interpretation of instruments such as the Model Law. Continuous improvement and continuous vigilance are needed for Australia to keep developing distinctive expertise in this complex and evolving field of law and practice.
10
Christiansen, Thomas. "When Worlds Collide in Legal Discourse. The Accommodation of Indigenous Australians’ Concepts of Land Rights Into Australian Law." Studies in Logic, Grammar and Rhetoric 65, no. 1 (December 1, 2020): 21–41. http://dx.doi.org/10.2478/slgr-2020-0044.
Повний текст джерелаАнотація:
Abstract The right of Australian Indigenous groups to own traditional lands has been a contentious issue in the recent history of Australia. Indeed, Aborigines and Torres Strait Islanders did not consider themselves as full citizens in the country they had inhabited for millennia until the late 1960s, and then only after a long campaign and a national referendum (1967) in favour of changes to the Australian Constitution to remove restrictions on the services available to Indigenous Australians. The concept of terra nullius, misapplied to Australia, was strong in the popular imagination among the descendants of settlers or recent migrants and was not definitively put to rest until the Mabo decision (1992), which also established a firm precedent for the recognition of native title. This path to equality was fraught and made lengthy by the fact that the worldviews of the Indigenous Australians (i.e. Aborigines and Torres Strait Islanders) and the European (mainly British and Irish) settlers were so different, at least at a superficial level, this being the level at which prejudice is typically manifested. One area where this fact is particularly evident is in the area of the conceptualisation of property and especially the notion of land “ownership” and “use”. In this paper, we will focus on these terms, examining the linguistic evidence of some of the Australian languages spoken traditionally by Indigenous Australians as one means (the only one in many cases) of gaining an insight into their worldview, comparing it with that underlying the English language. We will show that the conceptualisations manifested in the two languages are contrasting but not irreconcilable, and indeed the ability of both groups of speakers (or their descendants in the case of many endangered Australian languages) to reach agreement and come to develop an understanding of the other’s perspective is reason for celebration for all Australians.
11
Gray, Anthony Davidson. "Forfeiture Provisions and the Criminal/Civil Divide." New Criminal Law Review 15, no. 1 (January 1, 2012): 32–67. http://dx.doi.org/10.1525/nclr.2012.15.1.32.
Повний текст джерелаАнотація:
The Australian Government has recently implemented civil forfeiture provisions for property suspected to have been acquired unlawfully. The Australian Federal Police may seek a preliminary unexplained wealth order. The Court may make such an order if there is evidence the wealth may have been acquired from unlawful means. Once the order is made, a full hearing takes place. There it is presumed that such property was unlawfully gained, unless the person who owns the property can show otherwise. Such proceedings can take place without the property owner being charged. The article considers the historical basis of such orders, and their use in the United States and United Kingdom. It is argued that such proceedings are in fact criminal in nature, despite how they are labelled. The article engages with the discusssion in the larger context of the divide between criminal and civil, and whether some “middle ground” should be acknowledged. If forfeiture provisions are in substance criminal, perhaps due process obligations apply, including the presumption of innocence. This argument is more difficult in Australia, given the lack of an express bill of rights. However, it can be argued from previous cases that there is an implicit right to a fair trial, including a presumption of innocence.
12
Dagbanja, Dominic Npoanlari. "A SHIELD OR A SWORD? MIGRATION LAW AND POLICY AND MODERN SLAVERY IN AUSTRALIA." Studia Iuridica, no. 96 (July 7, 2023): 68–98. http://dx.doi.org/10.31338/2544-3135.si.2023-96.6.
Повний текст джерелаАнотація:
How might migration legislation and policies contribute to modern enslavement of migrants in Australia? Migration law and policy are a shield in the sense that they have been used and have the potential to be used to shield or protect trafficked individuals and those subject to modern slavery. Nevertheless, the state could be complicit in modern slavery through its migration law and policies exemplified by English language requirements for visas and for entering into certain professions. By placing the English language barrier between migrants and their economic and professional aspirations in obvious cases when a demand for proof of English language proficiency must not be made in the first place, the Australian Government and institutions create the environment conducive for excluding migrants from the professions and exposing them to economic abuse and exploitation. The stated basis of the English language requirements for Australian visas is that English language ‘is critical to getting a job’ and safely practising a profession and participating in Australian society. Yet migrants from non-exempt countries are required to sit for an English test when they apply for permanent resident visas (such as Subclass 186) and temporary visas (such as Subclass 485), even when they are present and already employed in Australia. Educational qualifications in English awarded by Australian and non-Australian tertiary educational institutions that satisfy the Australian study and qualification requirements are not the acceptable proof of competency in the English language. The effect of non-recognition of educational qualifications in English as proof of the English language ability is that visa applicants from non-exempt countries, even those present and working in Australia and/or who have completed a course of study in Australia, have to sit for an English language test. The content of this test bears no connection whatsoever with the English language used in practice. The test has an expiry date thereby tying migrants’ English language ability to the test expiry date, suggesting that once the test expires, so does their competency in English. Failing one component of the test requires resitting all the four components. Whereas an Australian educational qualification in English is required for admission to the legal, medical and nursing professions, the English language competence of migrants from non-exempt countries who hold the qualification is extracted from this qualification. Therefore, migrants cannot rely on the qualification as prove of their competency in English, even though the practice boards accept this same qualification as meeting the standards for admission to practise. The evidence disallowed or required to prove the English language capability both for Australian visas and to enter into the professions thus belies the stated purposes of the English language requirements. English is a global language that is spoken by different nationalities in different parts of the world. Therefore, taking a blanket approach that proficient speakers of English originate in the nations that are exempt from the English language requirements ignores the reality of English language usage. In these circumstances, the English language would seem a disguised legal and policy tool for gatekeeping, exclusion and nationality-based discrimination. The deliberate denial of the English language abilities of certain migrants and the stipulation of absurd and inexplicable evidentiary requirements as proof of the English language competency deprive such migrants of opportunity to enter into professions of their choice, ridicule and expose them to exploitation and modern slavery contrary to Australian values and legislation on equality and fair play.
13
Prescott, Victor, and Stephen Davis. "Aboriginal I Claims to Seas in Australia." International Journal of Marine and Coastal Law 17, no. 1 (2002): 1–31. http://dx.doi.org/10.1163/157180802x00251.
Повний текст джерелаАнотація:
AbstractIn 1992 the famous judgment in the Mabo (No.2 case), in the High Court of Australia, determined that the common law of Australia recognised and protected native title claims in accordance with traditional laws and customs. Within six years nearly 800 claims had been lodged with the Native Title Tribunal and 70 per cent of them were in Queensland and Western Australia. Nearly one-third of those claims included areas of sea. Before 1992 scholars had demonstrated that clan estates included marine sections along tropical coasts. Only two claims to seas or sea-bed have been tested in the courts. This paper reviews five questions that will recur in future similar cases. They deal with the location of claims, their possible extent, the evidence that will justify them, the delimitation of successful claims and accommodations regarding the use of claimed seas between indigenous and other peoples.
14
Ferguson, Claire, and Kamarah Pooley. "Comparing Solved and Unsolved No-Body Homicides in Australia: An Exploratory Analysis." Homicide Studies 23, no. 4 (May 27, 2019): 381–403. http://dx.doi.org/10.1177/1088767919852381.
Повний текст джерелаАнотація:
Factors that are both within and outside of police discretion can pose challenges to solving homicides generally. There has been little study of no-body homicides, nor why some remain unresolved. This analysis compares solved and unsolved no-body homicides in Australia using Pearson’s chi-square tests of independence. Coroners’ findings, case law, and media reports from 1983 to 2017 were examined. Cases ( N = 55; 42.4% solved) differed based on the victim’s age, who reported them missing, reward money, Coronial inquests, who determined homicide, availability of evidence and confessions, suspects lying, establishing crime scenes, and motivations.
15
Ferguson, Christopher J. "Violent Video Games, Mass Shootings, and the Supreme Court." New Criminal Law Review 17, no. 4 (2014): 553–86. http://dx.doi.org/10.1525/nclr.2014.17.4.553.
Повний текст джерелаАнотація:
The issue of video game violence continues to attract attention from the legal and policy communities, particularly in the wake of mass shootings. However, focusing on video game violence has generally not resulted in successful legal or public policy. In part this is because the science upon which beliefs of “harm” in video game violence are based remains inconsistent and heavily disputed. The current article examines several issues. First, the article examines the current evidence about video game violence influences on negative outcomes in players. Second, the article concerns itself with the application of video game science to several recent legal cases, involving both criminal prosecutions and attempted regulation/censorship of video game violence in the United States. Finally, the manuscript addresses several common talking points used in legal cases and by policy makers and examines whether these talking statements survive careful scientific scrutiny. It is advised that, consistent with the legal decisions and government reviews in the United States, Sweden, Australia, and elsewhere, current evidence does not support the regulation of violent video games, and legal or policy attempts to connect video game violence to specific crimes are unlikely to survive careful scrutiny.
16
Rogers, Juliet. "Remnants of mutilation in anti-FGM law in Australia: a reply to ‘The prosecution of Dawoodi Bohra women’ by Richard Shweder." Global Discourse 12, no. 1 (February 1, 2022): 145–57. http://dx.doi.org/10.1332/204378921x16349692612474.
Повний текст джерелаАнотація:
This article examines the absence of discussion about male circumcision in the first legal case against female circumcision in Australia, the Vaziri and Magennis case of 2015, 2018 and 2019, where the High Court of Australia prosecuted three people for practising female circumcision. It engages with the work of Rick Shweder on this case, arguing that what powerfully informs legal cases on this topic in Australia is less anthropological or medical evidence, than anti-female genital mutilation advocacy in the forms of literature and activism. These forms of anti-female genital mutilation discourse, the article argues, obscure the obvious comparison between male circumcision – as a ritual or ceremony that results in the production of a man as a man of God or of the nation – and female circumcision, which is understood as a mutilation. In lieu of the missed comparison, the result of this representation in legal and fictional texts is a rendering of the woman as unable to authorise her own agency, that is, as a remnant of mutilation, a rendering that is far from accurate.
17
O’Donovan, Siobhan, Neil EI Langlois, Corinna van den Heuvel, and Roger W. Byard. "Lethal mechanisms in cases of inverted suspension from the lap component of seat belts." Medicine, Science and the Law 61, no. 3 (February 14, 2021): 227–31. http://dx.doi.org/10.1177/0025802421993990.
Повний текст джерелаАнотація:
A retrospective review of autopsy files at Forensic Science South Australia in Adelaide, Australia, was undertaken over a five-year period from January 2014 to December 2018 for all motor vehicle crashes with rollovers ending with the vehicle inverted and the occupants suspended by the lap component of their seat belts. There were five cases, all male drivers (aged 18–67 years; Mage = 32 years). Acute neck flexion or head wedging was noted in four cases, with facial petechiae in four and facial congestion in one. Deaths were due to positional asphyxia in four cases, with the combined effects of positional asphyxia and head trauma accounting for the remaining case. Although all drivers had evidence of head impact which may have caused incapacitation, in only one case was this considered severe enough to have contributed to death. A blood alcohol level above the legal limit for driving was detected in two cases, but no other drugs were detected. This series demonstrates another subset of cases of seat belt–associated deaths where suspension upside down by the lap component of a seat belt had occurred after vehicle rollovers. Predisposing factors include incapacitation of the victim and delay in rescue. The postulated lethal mechanism involved respiratory compromise from the weight of abdominal viscera on the diaphragm, as well as upper airway compromise due to kinking of the neck and wedging of the head.
18
Belcher, Alice. "Imagining How A Company Thinks: What is Corporate Culture?" Deakin Law Review 11, no. 2 (January 1, 2006): 1. http://dx.doi.org/10.21153/dlr2006vol11no2art234.
Повний текст джерелаАнотація:
<p>Corporate responsibility for crimes that require thought, or lack of thought, has been the subject of much debate both in the UK and worldwide. This article investigates the current position in the UK, where a Bill is currently (October 2006) before Parliament, and briefly in Australia, where the law has been reformed at Commonwealth level, but not yet implemented in individual States. In line with developments in Australian and the UK law a realist rather than nominalist position is taken that explicitly recognises genuine corporate fault. The article looks forward to the cases that are likely to be brought under the “corporate culture” provisions. It suggests that the practical methods of providing evidence of corporate ‘attitudes, policies, systems or accepted practices’ could very well include the records of meetings, very much in line with<br />the method attempted in the failed Transco prosecution in Scotland. It is<br />submitted that the conceptual foundation for the realist approach is sound and that there are practical ways of bringing the company before the court. However, there are also some conceptual and practical difficulties to be faced. Issues identified include the question of responsibility for sub-cultures and the practical problem of a proliferation of different sorts of evidence and expert opinions that could be put before the courts.</p>
19
Marmo, Marinella, Evan Smith, and Andrekos Varnava. "Historicising Australian Deportation of 'Suspect' and 'Undesirable' Migrant Communities." International Journal for Crime, Justice and Social Democracy 12, no. 1 (March 1, 2023): 1–16. http://dx.doi.org/10.5204/ijcjsd.2740.
Повний текст джерелаАнотація:
The overall aim of the paper is to present evidence on the factors underpinning historical deportation cases, by exploring the reasons, explanations and patterns related to deportation in Australia. The purpose is to consider whether these historical factors are antecedent to current forms of deportation occurring in Australia, and to bring to the fore potential recurring patterns. Deportation is currently conceptualised by border criminologists as a punitive tool of discipline and control, within the realm of penal powers. Some of this work on the ‘deportation regime’ asserts that certain migrants, or groups of migrants, are undesirable: their identity, (not)belonging and punishment have become inherently intertwined, and their mobility has become politicised and criminalised. This article theorises that deportation has been used in Australia, now and in the past, to expel individuals who are viewed as detrimental to the ‘health’ of the host society. The ‘deportation categories’ demonstrate that migrants’ desirability has historically been a temporary condition, shifting over time in line with the state’s requirements. They also demonstrate the historical regime of criminalisation of undesirable others enacted through Australia’s border control regime.
20
Hall, Derek. "Environmental Change, Protest, and Havens of Environmental Degradation: Evidence from Asia." Global Environmental Politics 2, no. 2 (May 1, 2002): 20–28. http://dx.doi.org/10.1162/15263800260047808.
Повний текст джерелаАнотація:
This paper explores the relevance for the debate on “pollution havens” of two cases from the international political economy of Japan-Southeast Asia relations. It begins by suggesting that the typical focus of the pollution havens literature is too narrow, and concentrates instead on the broader question of the extent to which the environmental transformations associated with particular sectors influence their international siting patterns. The first case—the changes in Japanese FDI to Asia in the 1970s—demonstrates that Japanese firms and the Japanese state consciously attempted to relocate highly-polluting industry in order to escape anti-pollution protest in Japan. The second case—the effort to create in Asia and the Pacific an export-oriented industrial tree plantation (ITP) sector supplying regional pulp and paper markets—shows, somewhat counterintuitively, that political contestation related to the environmental problems caused by ITPs has encouraged Japanese companies to concentrate their tree planting activity not in Southeast Asia but in Australia.
21
Tyson, Danielle, Deborah Kirkwood, and Mandy Mckenzie. "Family Violence in Domestic Homicides." Violence Against Women 23, no. 5 (July 9, 2016): 559–83. http://dx.doi.org/10.1177/1077801216647796.
Повний текст джерелаАнотація:
This article examines the impact of legislative reforms enacted in 2005 in Victoria, Australia, on legal responses to women charged with murder for killing their intimate partner. The reforms provided for a broader understanding of the context of family violence to be considered in such cases, but we found little evidence of this in practice. This is partly attributable to persistent misconceptions among the legal profession about family violence and why women may believe it necessary to kill a partner. We recommend specialized training for legal professionals and increased use of family violence evidence to help ensure women’s claims of self-defense receive appropriate responses from Victorian courts.
22
Berson, Josh. "The Dialectal Tribe and the Doctrine of Continuity." Comparative Studies in Society and History 56, no. 2 (April 2014): 381–418. http://dx.doi.org/10.1017/s0010417514000085.
Повний текст джерелаАнотація:
AbstractIn Australia, applicants for native title—legal recognition of proprietary interest in land devolving from traditions predating colonization—must meet a stringent standard of continuity of social identity since before the advent of Crown sovereignty. As courts and the legislature have gravitated toward an increasingly strict application of the continuity doctrine, anthropologists involved in land claims cases have found themselves rehearsing an old debate in Australian anthropology over the degree to which post-contact patterns of subsistence, movement, and ritual enactment can support inferences about life in precontact Australia. In the 1960s, at the dawn of the land claims era, a handful of anthropologists shifted the debate to an ecological plane. Characterizing Australia on the cusp of colonization as a late Holocene climax human ecosystem, they argued that certain recently observed patterns in the distribution of marks of social cohesion (mutual intelligibility of language, systems of classificatory kinship) could not represent the outcome of such a climax ecosystem and must indicate disintegration of Aboriginal social structures since contact. Foremost among them was Joseph Birdsell, for whom linguistic boundaries, under climax conditions, would self-evidently be congruent with boundaries in breeding pools. Birdsell's intervention came just as the Northern Territory Supreme Court was hearing evidence on the value of dialect as a marker of membership in corporate landholding groups in Yolngu country, and offers an object lesson in how language, race, mode of subsistence, and law come together in efforts to answer the questions “Who was here first?” and “Are those people still here?”
23
Goldberg, Richard. "Epidemiological Uncertainty, Causation, and Drug Product Liability." McGill Law Journal 59, no. 4 (August 5, 2014): 777–818. http://dx.doi.org/10.7202/1026129ar.
Повний текст джерелаАнотація:
Epidemiological evidence is regularly presented to courts in determining proof of causation in medicinal product liability litigation. Building on the foundations of the author’s previous monograph, which supported the use of epidemiological evidence in dealing with problems of proof of causation in alleged cases of adverse drug reactions, this paper revisits this perennial problem of the role of epidemiological evidence in assessing causation in product liability cases in a twenty-first century context, examining recent cases in the United Kingdom, United States, Australia, and Canada. It seeks to determine the extent to which the courts in the highlighted cases have been pragmatic and fair in their interpretation and utilization of epidemiological evidence, from the perspective of both consumers and pharmaceutical manufacturers. The paper examines the apparent tension between the levels of proof required in law and science, including the relationship between levels of statistical significance and the claimant’s burden of proof; and it assesses the wisdom of using a doubling of the risk rule as a threshold to any recovery. It explores the ways in which probabilistic methods, including statistical refining with individual risk factors, can be used in conjunction with epidemiological evidence to determine specific causation. The paper supports the view that logistic regression techniques and other forms of statistical refining mechanisms using specific risk factors can and do help in the process of giving quantitative or quasi-quantitative expression to conclusions about the cause of disease in an individual drug product liability claim that is based on epidemiological evidence.
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Barry, Matthew. "The Role of the Seat in International Arbitration: Theory, Practice, and Implications for Australian Courts." Journal of International Arbitration 32, Issue 3 (May 1, 2015): 289–323. http://dx.doi.org/10.54648/joia2015012.
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A complex question in international commercial arbitration is the extent to which an enforcement court should defer to the decisions of courts at the seat of arbitration. In the recent case of Gujarat, the Federal Court of Australia held that it would generally be inappropriate for an Australian court, called upon to enforce an arbitral award under the International Arbitration Act 1974 (Cth) (IAA), to reach a different conclusion on the same question as that reached by the court at the seat of arbitration. This article critically examines Gujarat in light of the broader debate about the role of the seat in international arbitration jurisprudence. The article contends that the role of the seat is far from settled. In the first place, there are competing theories of international arbitration, each according to a different degree of importance to the seat of arbitration. Second, enforcement courts applying the provisions of the New York Convention have taken very different approaches to the decisions of courts at the seat of arbitration. US courts, for example, generally defer to the decisions of courts at the seat; French courts, on the other hand, tend to disregard the decisions of courts at the seat. Nevertheless, this article contends that the deferential approach taken by the Federal Court in Gujarat and the US courts is the correct one. Australian courts should, for strong policy reasons, defer to the decisions of courts at the seat of arbitration, save in exceptional cases where such decisions are shown on the basis of cogent evidence to be partial and dependent or in violation of basic principles of justice. This approach promotes finality and efficiency in international arbitration whilst upholding the international rule of law.
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Easteal, Patricia, Kate Holland, Michelle Dunne Breen, Cathy Vaughan, and Georgina Sutherland. "Australian Media Messages: Critical Discourse Analysis of Two Intimate Homicides Involving Domestic Violence." Violence Against Women 25, no. 4 (July 13, 2018): 441–62. http://dx.doi.org/10.1177/1077801218780364.
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This study uses critical discourse analysis to examine news reporting of two cases of intimate partner violence in Australia. The fine-grained analysis of newswriting and news-editing practices focuses particularly on the lexical features and referential strategies used to represent the perpetrator and the victim, the crime, and the location of the crime. Findings show that reporting often omits social context, sensationalizes, and acts to shift blame in ways that do not increase public understanding of the nature of domestic violence. These results build on international findings and add to the evidence base about media reporting of violence against women.
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Mhd.Ihwanuddin Hasibuan and Rico Nur Ilham. "APPLICATION OF JUSTICE COLLABORATOR IN EVIDENCE OF CRIMINAL ACTS IN INDONESIA." International Journal of Educational Review, Law And Social Sciences (IJERLAS) 3, no. 4 (June 15, 2023): 1017–29. http://dx.doi.org/10.54443/ijerlas.v3i4.943.
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In various countries, the application of Justice Collaborators varies, the application of Justice Collaborators was first recognized in Italy, at that time a member of the Italian mafia Joseph Valachi was tested for crimes committed by his group, then followed by America and Australia legally protection. Meanwhile, in Indonesia, arrangements regarding new Justice Collaborators are regulated in joint regulations with law enforcement officials as well as a circular letter from the Supreme Court. In giving testimony, in general, Justice Collaborators were motivated by a reduced term of detention or from their heart the intention to repent. However, in testimony, sometimes a Justice Collaborator is harassed or hindered by a fellow member who commits a crime, and this is what every country in the world needs to regulate so that the dismantling of a crime case can run optimally. In responding to Corruption cases, countries in the world have responded with various regulations so that they can create a deterrent effect for the perpetrators of these crimes, regarding the Justice Collaborator rules they have included in their country's laws. However, in Indonesia, the rules regarding witnesses, perpetrators and reporters are only regulated in the Supreme Court Circular Number 04 of 2011 and regulations with law enforcement officials and the Witness and Victim Protection Agency (LPSK). It is fitting that the rules regarding the protection of reporting witnesses and collaborating witness witnesses be included in the laws of our country, so that the courageous mentality of the witnesses can continue.
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Buxbaum, Hannah L. "The Scope and Limitations of the Presumption against Extraterritoriality." AJIL Unbound 110 (2016): 62–67. http://dx.doi.org/10.1017/s2398772300002415.
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In RJR Nabisco v. European Community, the Supreme Court addressed the extraterritorial application of U.S. law for the third time in six years—in this case examining the geographic scope of the Racketeer Influenced and Corrupt Organizations Act (RICO). The decision consolidates and in certain respects expands upon the test for analyzing extraterritoriality issues that the Court had introduced in Morrison v. National Australia Bank and refined in Kiobel v. Royal Dutch Petroleum. It also provides further evidence of the Court’s continuing quest to identify categorical, territory-based rules governing the application of U.S. statutes in cases involving significant foreign elements. As I will argue, however, like other recent decisions, RJR raises doubt as to the sufficiency of such rules to address the messy and often unpredictable patterns of transnational economic activity.
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McEwan, Troy E., Stuart Bateson, and Susanne Strand. "Improving police risk assessment and management of family violence through a collaboration between law enforcement, forensic mental health and academia." Journal of Criminological Research, Policy and Practice 3, no. 2 (June 12, 2017): 119–31. http://dx.doi.org/10.1108/jcrpp-01-2017-0004.
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Purpose Police play an essential role in reducing harms associated with family violence by identifying people at increased risk of physical or mental health-related harm and linking them with support services. Yet police are often poorly trained and resourced to conduct the kind of assessments necessary to identify family violence cases presenting with increased risk. The paper aims to discuss this issue. Design/methodology/approach This paper describes a multi-project collaboration between law enforcement, forensic mental health, and academia that has over three years worked to improve risk assessment and management of family violence by police in Victoria, Australia. Findings Evaluation of existing risk assessment instruments used by the state-wide police force showed they were ineffective in predicting future police reports of family violence (AUC=0.54-0.56). However, the addition of forensic psychology expertise to specialist family violence teams increased the number of risk management strategies implemented by police, and suggested that the Brief Spousal Assault Form for the Evaluation of Risk assessment instrument may be appropriate for use by Australian police (AUC=0.63). Practical implications The practical implications of this study are as follows: police risk assessment procedures should be subject to independent evaluation to determine whether they are performing as intended; multidisciplinary collaboration within police units can improve police practice; drawing on expertise from agencies external to police offers a way to improve evidence-based policing, and structured professional judgement risk assessment can be used in policing contexts with appropriate training and support. Originality/value The paper describes an innovative collaboration between police, mental health, and academia that is leading to improved police practices in responding to family violence. It includes data from the first evaluation of an Australian risk assessment instrument for family violence, and describes methods of improving police systems for responding to family violence.
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Deck, Sarah L., Martine B. Powell, Jane Goodman-Delahunty, and Nina Westera. "Are all complainants of sexual assault vulnerable? Views of Australian criminal justice professionals on the evidence-sharing process." International Journal of Evidence & Proof 26, no. 1 (December 1, 2021): 20–33. http://dx.doi.org/10.1177/13657127211060556.
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Cases of historic child assault typically rely on the complainant's narrative due to lack of corroborating evidence. Although it is important that complainants give their best evidence, concern has been expressed that evidence-sharing procedures are suboptimal. This study explored criminal justice professionals’ perspectives on the utility of introducing reforms to the evidence-sharing process. We interviewed judges, prosecutors, defence counsel and witness assistance officers ( N = 43) on the utility of regulating the questioning of complainants and of using video-recorded interviews as evidence-in-chief. Many professionals perceived that adult complainants of child assault were vulnerable and supported reforms to evidence-sharing. Primary objections to these reforms were the belief that all adult complainants should share evidence in the same way and the poor quality of investigative interviews. This study illuminates potential barriers to the implementation of reforms which would change how adult complainants of child assault give evidence.
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Syed Mustapha Nazri, Sharifah Nazatul Faiza, Salwa Zolkaflil, and Normah Omar. "Mitigating financial leakages through effective money laundering investigation." Managerial Auditing Journal 34, no. 2 (February 4, 2019): 189–207. http://dx.doi.org/10.1108/maj-03-2018-1830.
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Purpose This paper aims to conduct a comparison on the effectiveness of the law enforcement agencies (LEAs) of Australia and Malaysia in investigating money laundering cases by looking into the legal system and operational issues faced in conducting the investigation. Design/methodology/approach The purpose of this paper is to review and analyze the data collected from the Financial Action Task Force (FATF) Mutual Evaluation Report, focusing on the information outlined in the third chapter. The legal system and operational issues cover the area of technical compliance and effectiveness compliance, which were introduced in the latest FATF Evaluation Methodology issued in 2013. Findings The results show that both countries have the power needed to investigate money laundering and terrorism financing under their respective Anti-Money Laundering Act. However, Australia is seen to have a better investigative support system to assist LEAs during the investigation process. This explains the reason for difficulties in increasing the number of prosecutions for money laundering and terrorism financing cases. Hence, improvement actions are needed in curbing this issue. Practical implications The result suggests that Malaysia should strengthen the cooperation, coordination and capacity among LEAs to ensure effective targeting, investigation and prosecution of money laundering. The government should also revise the money laundering investigation time frame and broaden the power of LEAs in retrieving information during the investigation process. Malaysia should also enhance the investigative support system, which will be helpful for LEAs in gathering sufficient evidence to support their money laundering charges. Unlimited power in gathering evidence is prominent to charge money launders as it helps to gather information required for prosecution. Originality/value Prior literature focuses on the prevention mechanism, where this paper aims to focus on detection and investigation mechanism focusing on money laundering investigation conducted by LEAs. Lack of study on money laundering investigation calls for this research to be done to understand the strengths and weaknesses to improve its effectiveness in the future.
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Jones, Darryl N., and Paul G. Finn. "Translocation of aggressive Australian magpies: a preliminary assessment of a potential management action." Wildlife Research 26, no. 3 (1999): 271. http://dx.doi.org/10.1071/wr98062.
Повний текст джерелаАнотація:
Australian magpies are the cause of a major wildlife-management conflict in suburban areas throughout Australia. Mitigation of this conflict is becoming increasingly difficult in some locations because of community opposition to the destruction of the birds involved, which remains a common management solution of many wildlife agencies. Translocation – the capture and release elsewhere – of offending birds has been advocated but never seriously evaluated. This study aimed to assess the effectiveness of translocation as a means of eliminating magpie attacks. We also attempted to assess the impact of the approach on both the translocated birds and those remaining in the territory. A total of 20 aggressive magpies, all males, were captured and released at distances 17–150 km from the place of capture. Most birds released more than 30 km away were not seen again; two birds released less than 30 km away returned quickly and were recaptured. A single bird re-established itself on its original territory several months after capture. In many cases, new males had replaced the captured birds within days. There was no evidence of negative behavioural interactions between these males and the resident females or chicks. While the technique is effective in reducing the human–magpie conflict at specific locations, our lack of knowledge of the fate of translocated males, as well as several other issues, suggests that this approach be used only in extreme circumstances.
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Corrin, Jennifer, and Heather Douglas. "Another Aboriginal death in custody: uneasy alliances and tensions in the Mulrunji case." Legal Studies 28, no. 4 (December 2008): 531–58. http://dx.doi.org/10.1111/j.1748-121x.2008.00097.x.
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The death of an Aboriginal man, Mulrunji, in an Australian police cell in 2004 precipitated an extraordinary response from the community. The usual distinctions between the roles of police, coroner, prosecutors and politicians became confused and merged in the media maelstrom that followed the death. Uneasy alliances developed which qualified the binary response of right versus wrong. Could the coroner's findings be reconciled with the decision of the prosecutor not to try the police officer involved? Was the government's response of overriding the decision of the independent prosecutor justified? What does this case tell us about the adversarial and inquisitorial approaches to evidence? This paper examines the tensions at play in the response to the death of Mulrunji and explores the wide reaching implications for law and justice in death in custody cases.
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Hobbs, Richard J. "Landscapes, ecology and wildlife management in highly modified environments - an Australian perspective." Wildlife Research 32, no. 5 (2005): 389. http://dx.doi.org/10.1071/wr03037.
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Landscapes in southern Australia have been extensively modified by a variety of human activities, predominantly agriculture and urban development. Over much of the area, native vegetation has been replaced with agriculture or buildings and infrastructure. A continuum exists from areas that remain largely intact, but are modified in some way (e.g. forests managed for timber production), to areas where the remaining native vegetation is fragmented to varying degrees. Habitat management will vary across this continuum, depending on the degree of habitat loss and isolation. In areas outside the main zones of agricultural and urban development, the process of habitat loss and fragmentation is less in evidence. Here, instead, the landscapes remain apparently structurally intact, in that the native vegetation is not actually removed. However, these landscapes have also, in many cases, been significantly modified, particularly by pastoralism and related activities, to the extent that their value as habitat is impaired. Declining habitat value in northern landscapes may lead to the same types of functional fragmentation as found in the south. An examination of the differences and similarities between southern and northern landscapes can highlight what can be learned from the southern experience which may be of value in savanna landscapes. In both cases, the importance of considering impacts in relation to species-specific responses needs to be emphasised.
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Foster, Caroline E. "The "Real Dispute" in the Southern Bluefin Tuna Case : a Scientific Dispute?" International Journal of Marine and Coastal Law 16, no. 4 (2001): 571–601. http://dx.doi.org/10.1163/157180801x00234.
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AbstractOn 4 August 2000 a LOSC Annex VII ad hoc arbitral tribunal issued its award in the Southern Bluefin Tuna case brought by Australia and New Zealand against Japan. It found it had no jurisdiction under the LOSC in respect of the SBT dispute. The decision has been controversial. This paper identifies the idea, prevalent in many parts of the pleadings in the case, that the "real dispute" in the case lay under the 1993 Convention, and discusses the associated idea that the dispute was scientific in character. Questions raised by the scientific issues in the case are explored, including what may constitute good or "best" scientific evidence, the suitability of scientific disputes for international adjudication, the appropriateness of precautionary approaches, the validity of "margins of appreciation", and the most appropriate forms of dispute resolution for cases involving science. The need for greater attention to be devoted to issues raised by the role of science in international dispute resolution may partly explain the strength of the undercurrent in the SBT case which pushed towards the view that there was only one "real dispute", which fell under the 1993 Convention.
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Gurugopinath, Rajiv, and Bangaru Venugopal. "Judicial Interventions in Environmental Health and the Right to Health: A Critical Analysis of Landmark Endosulfan Case in India and Similar Cases in Usa, Uk, Canada, and Australia." Revista de Gestão Social e Ambiental 18, no. 9 (June 13, 2024): e07577. http://dx.doi.org/10.24857/rgsa.v18n9-110.
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Objective: The primary objective of this study is to conduct a comparative analysis of landmark judicial interventions in environmental health and Right to Health across multiple jurisdictions, including India, the USA, the UK, Canada, and Australia. These cases underscore the judiciary's critical role in shaping environmental health policies and enforcing the Right to Health through rigorous legal frameworks and proactive oversight. Theoretical Framework: This study's theoretical framework integrates human rights law, public health policy, and judicial activism to examine the realization of the Right to Health in India. This integrated approach underscores the judiciary's role in upholding health rights and the complex interplay of legal, social, and political factors in realizing these rights, advocating for their explicit recognition in the Indian Constitution. Methodology: Case Analysis: This study conducts a comparative analysis of landmark judicial interventions in environmental health across India, the USA, the UK, Canada, and Australia, highlighting the judiciary's role in enforcing environmental laws and protecting public health. Results And Discussion: The comparative analysis revealed several key findings which include the Judicial Recognition of Environmental Health, Role of Judicial Activism, Common Legal Principles, Impact on Public Health Policies. The study concludes that judicial interventions have been pivotal in advancing environmental health protections and enforcing the Right to Health. Research Implications: The findings advocate for a more explicit recognition of the Right to Health within the constitutional framework, suggesting that formalizing this right could enhance legal protections and improve health outcomes for vulnerable populations. Originality/Value: This study provides a novel contribution to the discourse on health rights by examining the intersection of legal mandates and public health through the lens of the Indian judiciary. This study's findings are valuable for legal scholars, policymakers, public health professionals, and advocates, providing a robust evidence base to support the integration of health rights into constitutional guarantees and the development of more effective public health interventions.
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Tidmarsh, Patrick, Gemma Hamilton, and Stefanie J. Sharman. "Changing Police Officers’ Attitudes in Sexual Offense Cases: A 12-Month Follow-Up Study." Criminal Justice and Behavior 47, no. 9 (May 17, 2020): 1176–89. http://dx.doi.org/10.1177/0093854820921201.
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We examined whether specialist training can have an immediate and lasting impact on investigators’ attitudes in sexual offense cases. Australian police officers participated in a 4-week training program that focused on the dynamics of sexual offending. Officers completed questionnaires before, immediately after, and 9 to 12 months following training. They were presented with scenarios involving adult and child complainants with varying levels of evidence (strong, weak, or ambiguous) and rated their confidence that the case would be approved for prosecution, the likelihood of a guilty verdict, and the level of responsibility attributed to the victim. Following training, investigators became more confident in case approvals and guilty verdicts, less likely to attribute responsibility to victims, and demonstrated better understanding of sexual offense dynamics. Ratings of victim responsibility and guilty verdicts were maintained 9 to 12 months post-training; however, confidence in case approvals decreased after working in the field. Implications for police training programs are discussed.
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Woinarski, J. C. Z., B. Rankmore, B. Hill, A. D. Griffiths, A. Stewart, and B. Grace. "Fauna assemblages in regrowth vegetation in tropical open forests of the Northern Territory, Australia." Wildlife Research 36, no. 8 (2009): 675. http://dx.doi.org/10.1071/wr08128.
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Context. World-wide, primary forest is in decline. This places increasing importance on understanding the use by biodiversity of regrowth (secondary) forest, and on the management of such regrowth. Aims. This study aimed to compare the terrestrial vertebrate assemblages in tropical eucalypt forests, regrowth in these forests (following clearing for pastoral intensification) and cleared land without regrowth, to provide evidence for developing management guidelines for regrowth vegetation in a region (the Daly catchment of the Northern Territory) subject to increasing demands for land-use intensification. Methods. The terrestrial vertebrate fauna was surveyed consistently at 43 quadrats sampling forest, 38 sampling regrowth and 19 sampling cleared land (formerly forest), and the faunal composition was compared with ordination and analysis of variance. Further analysis used generalised linear modelling to include consideration of the relative importance of disturbance (condition) of quadrats. Key results. Faunal assemblages in regrowth vegetation were found to be intermediate between cleared land and intact forest, and converged towards the faunal assemblage typical of intact forest with increase in the canopy height of the regrowth. However, even the tallest regrowth quadrats that were sampled supported relatively few hollow-associated species. The management of fire, weeds and grazing pressure substantially affected the faunal assemblages of the set of regrowth and intact forest quadrats, in many cases being a more important determinant of faunal attributes than was whether or not the quadrat had been cleared. Conclusions. In this region, regrowth vegetation has value as habitat for fauna, with this value increasing as the regrowth structure increases. The convergence of the faunal composition of regrowth vegetation to that of intact forest may be substantially affected by post-clearing management factors (including fire regime and level of grazing pressure and weed infestation). Implications. Regrowth vegetation should be afforded appropriate regulatory protection, with the level of protection increasing as the regrowth increases in stature.
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Burrows, Kimberlee S., Martine B. Powell, and Mairi Benson. "A guide to clarifying evidence in Australian child forensic interviews." Journal of Forensic Practice 18, no. 2 (May 9, 2016): 91–103. http://dx.doi.org/10.1108/jfp-09-2014-0030.
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Purpose – Interviewing victims of child sex abuse requires considerable care in order to minimise error. Due to children’s heightened suggestibility any question asked of a child could potentially incite error that could undermine the witness’s credibility. A focus group was conducted in order to facilitate the development of guidance for interviewers around the circumstances in which it is necessary to ask children follow-up questions in an interview. The paper aims to discuss these issues. Design/methodology/approach – Seven Crown prosecutors representing every Australian state and territory (with the exception of one small state) were issued with 25 hypothetical narrative accounts of child abuse and asked to indicate what information, if any, required follow-up in the child’s narrative. Their responses and rationale for requiring following up in some cases and not others were discussed. Findings – Thematic analysis revealed three recommendations to guide questioning: whether the case involved identification or recognition evidence; the presence of contextual features that may influence the witness’s memory, or that should trigger a particular line of questioning; and whether the information can or should be sought at a later stage by the trial prosecutor, rather than by the interviewer. Practical implications – The recommendations are discussed within the context of their implications for interviewing, that is, how each recommendation could be implemented in practice. Originality/value – The present study extends prior literature by elucidating principles to guide decision making across interview topic areas. The need for such guidance is highlighted by research suggesting that topics such as offender identity, offence time and place, and witnesses are a source of overzealous questioning in interviews.
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Gahan, Peter. "Did Arbitration Make for Dependent Unionism? Evidence from Historical Case Studies." Journal of Industrial Relations 38, no. 4 (December 1996): 648–98. http://dx.doi.org/10.1177/002218569603800407.
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The analysis of Australian union behaviour, growth and structure has centred on the relationship between unions and arbitration. To varying degrees it has been assumed that Australian unions are dependent on arbitration for the supply of resources critical to their functions. The nature and extent of this dependency have, however, remained empirically unexplored. Yet it is clear that if this depend ency relationship were a valid description of the relationship between unions and arbitration, its implications for the survial of unions under a different labour law regime would be profound. This paper, through the investigation of four historical case studies. questions the validity of the dependency hypothesis as a useful explanation of Australian union behaviour. A number of concerns emerge from the case analysis. To begin with, the general interpretation of key historical moments that the dependency hypothesis relies on does not capture the diversity of experience evident in these four cases. While arbitration played an important role in influencing union behav iour by altering the costs and incentives of pursuing particular strategies, the evidence suggests that a range of other factors account for this diversity. Moreo ver, arbitration was not only an institutional structure that unions faced. Rather, part of their strategic interplay with it was concerned with shaping the system to further their own goals through the use of different 'bundles' of political and industrial resources at the disposal of individual unions. Most importantly, to the extent that these unions were dependent organizations, they were dependent on a range of institutional and organizational mechanisms for the supply of critical resources. Arguably, this study also has profound implications for how more generalized accounts of union development are constructed and theorized. A localized analysis, which focuses on individual unions and their own micro- contexts, is advanced as a more appropriate starting point for union theory.
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Armstrong, Lisa Mary. "Is Restorative Justice an Effective Approach in Responding to Children and Young People Who Sexually Harm?" Laws 10, no. 4 (November 12, 2021): 86. http://dx.doi.org/10.3390/laws10040086.
Повний текст джерелаАнотація:
In the UK, Australia, and further afield, restorative programmes have been developed as a response to the failure of the criminal justice system to give victims of sexual violence a voice in the legal process. The restorative justice literature has tended to focus on sexual offences perpetrated by adults and the importance of being victim centred. When it is a child or young person (CYP) who sexually harms, it poses a unique set of challenges for law and society and the restorative practitioner. This article explores the reasons why a different approach may be warranted given the perceived failure of conventional criminal justice in addressing the growing problem of child and adolescent harmful sexual behaviour (HSB) in Scotland. It discusses the difficulties with balancing the rights of the victim with the CYP who perpetrates the HSB and considers the challenges encountered by practitioners in the implementation and application of restorative programmes in HSB cases involving CYP. Although the evidence supports a growing need for a different approach, and restorative justice may offer just that, problems with net widening, the referral process, and resistance from other professionals and victim advocacy groups present real barriers. Consequently, restorative practitioners are likely to find practising in this area more challenging due to a lack of support and cooperation.
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Freckelton, Ian. "Psychological evidence in refugee cases about conscientious objection to military service:Zakinov v Gibson, unreported, Australian Federal Court, 26 July 1995." Psychiatry, Psychology and Law 4, no. 1 (April 1997): 87–91. http://dx.doi.org/10.1080/13218719709524900.
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Harwanto, Edi Ribut. "Juridical Optics in the Formulation of Execution Application Form Act No. 6 of 2018 concerning Health Quarantine After the End of the Implementation of Large-Scale Social Restrictions and the Imposition of New Normal and Safe Life Coordination Period 19 to Achieve Criminal Justice for Every Indonesian Citizen." International Journal of Multicultural and Multireligious Understanding 8, no. 2 (February 3, 2021): 162. http://dx.doi.org/10.18415/ijmmu.v8i2.2407.
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World Health Organization (WHO) Director General of the World Health Organization, Tedros Adhanom Ghebreyesus officially announced the Corona virus (Covid 19) as a pandemic on Wednesday, March 11, 2020, so the world community and countries of the world were excited and asked to take steps prevention measures according to the health protocol established by WHO. The WHO reason is that prevention needs to be carried out by world countries, because the Corona Covid 19 Virus pandemic is an infectious disease that spreads easily from human to human in various parts of the world. I do not know, from where the source of this corona virus appears and infects and exposes the virus so that it becomes pandamic and kills many people in the countries of the world so quickly. Citing Worldometers website data, Tuesday (2/6/2020), the number of confirmed cases of corona virus infection globally is 6,358,294 (6.36 million) cases. Meanwhile, the number of deaths recorded was 377,031 cases. While the number of patients recovered as many as 2,888,571 (2.89 million) people. The number of active cases is 3,092,692 (3.09 million) cases, with 3,039,290 (3.04 million) in mild conditions, and 53,402 in serious conditions. Furthermore, the global tragedy to follow up and respond to the insistence of the WHO world health organization, the Indonesian state took anticipatory steps with the congressional movement starting on April 13, 2020, through the President of the Republic of Indonesia Joko Widodo expressly announcing and establishing and stating that the Covid 19 Virus is as a non-natural national disaster spreading Corona Virus Diseasses 2019 (Covid 19) as a national disaster. In order to prevent the exposure or the strongest Covid 19 virus to the people of Indonesia, the government issued Presidential Regulation No. 12 of 2020, and Government Regulation No. 21 of 2020 concerning the implementation of the related large-scale Social Restrictions (hurud b), Article 49 Paragraph (3) and Article 59 of Law Law No. 6 of 2018 concerning Health Qulity. Indonesia did not want to bother, and asked WHO, the results of the Corona Covid 19 virus were accepted, but were more focused on handling the corona virus in the country. Meanwhile, developed countries such as America, Britain, Australia, opposed cool in an opinion war against China, which is associated with several countries Corona Virus came and began to plague in Wuhan, China using the source of infectious diseases through the bat virus. America, can receive that information, namely the President of the United States Donald Trump, accepts anger and sulking, and even has evidence of the results of his intelligence reports related to it, the Corona virus is actually not a virus transmitted from a bat virus to humans, but Donald Trump's presumption , that's the corona virus, originating from chemical laboratories in Wuhan China, which leaked and infected humans and eventually became a plague of infectious viruses throughout the world. Latest information, Britain, Australia, America will file a claim for compensation to the Chinese state through a lawsuit to the International Criminal Court (ICC). Furthermore, to support the objectives of this study, the paradigm used in this study is the post-positivism paradigm. The post-positivism paradigm wants to prove everything is based on reality (which can be built based on experience, observation), the researcher is neutral towards the object of research, even though the researcher holding this paradigm remains neutral towards the object of research, but he wants to examine what actually happened from things the thing that seems certain. The post-positivism paradigm ontologically conceptualizes reality as it really is, but it is realized that there are actually many factors that influence that reality. Consequently, ontologically the post-positivism paradigm conceptualizes the law as a set of rules that apply in society whose behavior will be influenced by factors (economic, political, cultural, etc.). Epistemologically, researchers sit themselves impersonal, separate from the object of research. The researcher's position on the object of research is neutral and impartial.
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Nijam, Habeeb Mohamed, and Athambawa Jahfer. "IFRS Adoption and Financial Reporting Quality: A Review of Evidences in Different Jurisdictions." International Letters of Social and Humanistic Sciences 69 (May 2016): 93–106. http://dx.doi.org/10.18052/www.scipress.com/ilshs.69.93.
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Conventional and commonly held wisdom with respect to the adoption of International Financial Reporting Standards (IFRS) is that they lead to improved financial reporting quality and comparability and thereby favorable economic consequences. There are however contradicting evidences disproving this conventional wisdom or rejecting its gross generalization over the entire jurisdictions harmonizing on IFRS. Driven by this fact, quests for knowledge about the dynamics and contexts that lead to differential effects of IFRS get momentum. In an attempt to explore the insight into the effects of international accounting harmonization by way of IFRS adoption, this paper reviews selected literatures on the consequences of IFRS adoption. This review discusses some empirical evidences that have been reported in various countries that include Europe, USA, United Kingdom, Germany, Spain, Norway, Greece, Poland, Belgian, France, Italian, Turkey, United Arab Emirates (UAE), Kuwait, Jordan, China, Malaysia, Australia, Hong Kong, New Zealand, Kenya and Nigeria. Our review focuses on the aspects of value relevance, disclosure quality, cost of capital, earning management and financial statement impact due to the IFRS adoption. This review reveals that the economic consequences of IFRS adoption is significantly different though its impact reported to be positive in majority of cases. There are also notable number of studies that report indifferent and or negative effects of IFRS adoption. When IFRS studies report mixed evidence with respect to value relevance of book value of equity and earing, book value of equity supersedes the earning parameters. IFRS are found to supersede many other domestic financial reporting standards in terms of amount and the quality of disclosures in financial statement. This review also obtains that IFRS’s impact on the reduction of cost of capital depends on financial reporting incentives, law enforcement, types of legal systems and various other country-specific and capital market characteristics. Further, though there are some evidences to the contrary, the quality of earnings reported under IFRS has been established to be superior to other local standards.
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Menzies, Jane, Lydia Xynas, Stuart Orr, and Mona Chung. "Intellectual Property, Business and China: Taking a Stand." Deakin Law Review 18, no. 1 (August 1, 2013): 89. http://dx.doi.org/10.21153/dlr2013vol18no1art59.
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Over the last 40 years, China has developed laws for the protection of intellectual property rights. Unfortunately, these laws have not been uniformly enforced, making such protection problematic for Australian and other foreign organisations wishing to do business in China. This article first scrutinises the current Chinese laws covering intellectual property protection. It then examines the outcomes of a qualitative study that addressed intellectual property protection issues faced by selected Australian organisations conducting business with Chinese counterparts located in China. Forty Australian business managers/owners from Australian companies having business relationships with Chinese firms were interviewed for this study. The findings show that protection issues are only relevant to certain types of businesses that have intellectual property to protect. Nevertheless, a number of the managers/owners interviewed believed that infringement threats were real and inevitable in China, and some had even experienced cases of copying. The study found that, despite such concerns, there was little evidence of organisations taking proactive and positive steps to adequately protect their intellectual property. In order to address this, the authors of this article have developed a protection strategy that incorporates the use of the law, together with firms’ organisational designs, so that foreign firms can protect their rights when interacting with the Chinese market.
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Newsome, Thomas M., Danielle Stephens, Guy-Anthony Ballard, Christopher R. Dickman, and Peter J. S. Fleming. "Genetic profile of dingoes (Canis lupus dingo) and free-roaming domestic dogs (C. l. familiaris) in the Tanami Desert, Australia." Wildlife Research 40, no. 3 (2013): 196. http://dx.doi.org/10.1071/wr12128.
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Context Many rare and endangered species are threatened by the effects of hybridisation with their domesticated and often numerically dominant relatives. However, factors that influence interactions between hybridising species are poorly understood, thus limiting our ability to develop ameliorative strategies. Aims Here, we identify family groups and investigate patterns of gene flow between dingoes (Canis lupus dingo) and domestic dogs (C. l. familiaris) in the Tanami Desert of central Australia. We aimed to determine whether human-provided resources facilitate hybridisation or alter typical patterns of dingo breeding and social behaviour. We also ask whether remote townships are arenas for dingo–dog hybridisation. Methods Tissue samples and morphological details were collected from dingo-like animals around two mine sites where humans provide abundant supplementary food and water. Using molecular DNA analyses, we assigned animals to population clusters, determined kinship and the numbers of family groups. Rates of hybridisation were assessed around the mines and in two nearby townships. Key results Of 142 samples from mine sites, ‘pure’ dingoes were identified genetically in 89% of cases. This predominance of dingoes was supported by our observations on coat colour and body morphology. Only 2 of 86 domestic dogs sampled at the two townships showed evidence of dingo ancestry. Around the mine sites, there were two distinct population clusters, including a large family group of 55 individuals around a refuse facility. Conclusions Where superabundant and consistent food, and reliable water, was available, dingo packs were much larger and co-existed with others, contrary to expectations derived from previous research. Dingo sociality and pack structures can therefore be altered where human-provided food and water are constantly available, and this could facilitate accelerated rates of hybridisation. Implications The development of appropriate domestic-waste management strategies should be a high priority in remote areas to ensure only normal rates of population increase by dingoes, and other canids more broadly. It will also potentially impede hybridisation rates if typical canid social and behavioural traits remain intact. Additionally, areas surrounding remote human settlements are likely arenas for accentuated dingo–domestic dog interactions and should be a target for future studies.
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leach, helen m. "The Pavlova Wars: How a Creationist Model of Recipe Origins Led to an International Dispute." Gastronomica 10, no. 2 (2010): 24–30. http://dx.doi.org/10.1525/gfc.2010.10.2.24.
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As in biology, debates between evolutionists and creationists can occur in historical disciplines dealing with the origins of technological devices and processes. In food history, the popular belief that dishes are invented, in particular by chefs, reflects an underlying creationist model. In the case of the pavlova cake, this model demands a sole creator, time and place of invention. Since this dish is iconic in both Australia and New Zealand, disputes over its origin culminated in what the media termed the ““Pavlova Wars,”” despite the evidence from cookbook analysis for progressive parallel evolution of pavlovas from meringue cakes. Beyond this prominent example, the originality (or otherwise) of recipes is critical in contemporary contexts such as copyright law. While copyright legislation follows an evolutionary model of recipe origins, many authors of cookbooks have asserted the originality of their recipes. Yet even in eighteenth century Britain, when claims and counterclaims of plagiarism were even more common than today, there were cookbooks that treated recipes as a common good to be handed on to inexperienced cooks. This may be an example of a pre-Darwinian debate between creationists and evolutionists.
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Cunningham, R. B., M. L. Pope, and D. B. Lindenmayer. "Patch use by the greater glider (Petauroides volans) in a fragmented forest ecosystem. III. Night-time use of trees." Wildlife Research 31, no. 6 (2004): 579. http://dx.doi.org/10.1071/wr02112.
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Night-time use of feed trees by 40 radio-collared individuals of the greater glider (Petauroides volans) was recorded within five remnant patches of eucalypt forest near Tumut in south-eastern Australia. Radio-collared animals were observed making 663 night-time visits to 433 trees. For these observations, we recorded the number of visits by an animal to each tree, the number of different animals using each tree, the characteristics of trees that animals used, and the category of activity or behaviour displayed by animals (classified as feeding, perching, and moving). We found no evidence of a significant difference in patterns of behaviour between male and female P. volans in their night-time use of trees within remnant patches, regardless of patch size or population density. There were few records of animals (4%) from the radiata pine (Pinus radiata) plantation that surrounded the eucalypt remnants, although 20 observations were made of P. volans feeding on the young male cones and buds of this introduced tree species. There was evidence of preference for feeding in ribbon gum (Eucalyptus viminalis), mountain gum (E. dalrympleana) and narrow-leaved peppermint (E. radiata), with 72% of feeding observations of P. volans coming from these three tree species. Animals were generally solitary and spent most of the night feeding and perching in the upper canopy. Most trees were used by a single individual, with 96% of observations being of a single animal in a tree. The limited number of cases of sharing and co-use of trees were generally between an adult male and adult female (assumed mates), and females and their young. The probability that a tree was used increased with the average size of a tree (a composite measure of diameter, height and crown features) until approaching an asymptote of 1.0, i.e. all large trees were used. The number of visits a tree received from P. volans also was positively related to the measure of its size.
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Okpaluba, Chuks. "Reasonable and Probable Cause in the Law of Malicious Prosecution: A Review of South African and Commonwealth Decisions." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 16, no. 1 (April 26, 2017): 240. http://dx.doi.org/10.17159/1727-3781/2013/v16i1a2310.
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The requirement that the plaintiff in an action for malicious prosecution must prove a lack of reasonable and probable cause to initiate, instigate or continue the prosecution on the part of the instigator or prosecutor is one of the four elements of that cause of action. It is a vital link between the lawfulness of the prosecution and the state of mind of the defendant. Again, whether a prosecution is wrongful or lawful depends on whether there was a reasonable and probable cause coupled with the animus iniuriandi of the defendant in instigating, initiating or continuing it. It is not whether the prosecutor possessed evidence to secure a conviction since that is for the trial court to decide after the conclusion of evidence; but, the honest belief by the prosecutor that, having carefully collected and objectively assessed the available information, the plaintiff was probably guilty of the crime. In coming to that decision the prosecutor must have grappled with both the subjective and objective elements in the exercise of that discretion. The Australian High Court judgment in A v New South Wales 2007 230 CLR 500 (HCA) has brought clarity to this aspect of the problem. However, as this paper contends, the ten-point guidelines enunciated by that court in that case and designed to provide the courts with a seemingly less complicated formula for determining if the prosecutor lacked reasonable and probable cause do not appear to have provided the panacea to the problem. Meanwhile, the distinct nature of the requirement of reasonable and probable cause is made clearer when it is compared with reasonable ground to arrest in the case of wrongful arrest and the tort of abuse of process. Also problematic and equally challenging is identifying where a reasonable and probable cause inquiry stops and malice begins. This is brought out in the attempt by the Supreme Court of Canada to unravel the tension between the proof of the existence of malice and reasonable and probable cause in the law of malicious prosecution in Miazga v Kvello Estate 2009 3 SCR 339 (SCC). The extent to which the guidelines laid down in these recent cases would have resolved the confusion in this field of the law is yet to be realised.
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de Klerk, Joanna N., and Philip A. Robinson. "Drivers and hazards of consumption of unpasteurised bovine milk and milk products in high-income countries." PeerJ 10 (May 16, 2022): e13426. http://dx.doi.org/10.7717/peerj.13426.
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Introduction The consumption of dairy products contributes to health, nutrition, and livelihoods globally. However, dairy products do not come without microbiological food safety risks for consumers. Despite this risk, common hygiene measures in high-income countries, particularly pasteurisation, ensures that milk is safe, and is indeed frequently mandated by law. Nevertheless, over the past two decades, there has been a global increase in the number of consumers in high-income developed countries actively seeking out unpasteurised milk in liquid and product forms for perceived nutritional and health benefits, and improved taste. The often-anecdotal claims upon which consumers make such choices are not all supported by scientific evidence; however, some recent research studies have investigated (and in some cases demonstrated) the positive impact of unpasteurised milk consumption on the prevalence of asthma, atopy, rectal cancer and respiratory illness. Methods To investigate the significance of unpasteurised milk and milk product consumption for human health in high-income countries, outbreak data between the years 2000 and 2018 were obtained for the United States of America, Canada, the European Union, the United Kingdom, Japan, New Zealand and Australia, which were then categorized into three World Health Organisation subregions: AMR A, EUR A and WPR A. Outbreak dynamic variables such as pathogens, the place of consumption, numbers of outbreaks and deaths per million capita, the average number of cases per outbreak and regulations were described and analysed using R Studio. To provide an overview of unpasteurised milk-related disease outbreaks, a rapid evidence review was also undertaken to establish an overview of what is known in the current literature about hazards and drivers of consumption. Results Foodborne outbreaks associated with unpasteurised dairy consumption have risen in high-income countries over the period 2000 to 2018, with Campylobacter spp. being the most common aetiological agent responsible, followed by Escherichia coli and Salmonella spp. The most common places of consumption are on farms or in households, indicating individuals choose to drink unpasteurised milk, rather than a widespread distribution of the product, for example, at social events and in schools. Further study is needed to better understand contributing factors, such as cultural differences in the consumption of dairy products. Conclusion There are several observable health benefits linked to consuming raw milk, but outbreaks associated with unpasteurised milk and milk products are on the rise. It cannot be definitively concluded whether the benefits outweigh the risks, and ultimately the decision lies with the individual consumer. Nevertheless, many countries have regulations in place to protect consumer health, acknowledging the definite risks to human health that unpasteurised dairy foods may pose, particularly from microbial hazards.
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Wake, Nicola. "‘His home is his castle. And mine is a cage’: a new partial defence for primary victims who kill." Northern Ireland Legal Quarterly 66, no. 2 (August 17, 2018): 151–77. http://dx.doi.org/10.53386/nilq.v66i2.148.
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This article provides an in-depth analysis of the Crimes Amendment (Abolition of Defensive Homicide) Act 2014 which had the effect of repealing the Australian state of Victoria’s only general ‘partial defence’ of defensive homicide, and replaced the existing statutory self-defence in murder/manslaughter provisions and general common law self-defence rules with a single test. The abolition of defensive homicide means there is now no general ‘partial defence’ to accommodate cases falling short of self-defence. The change is likely to mean that some primary victims will find themselves bereft of a defence. This is the experience in New Zealand where the Family Violence Death Review Committee recently recommended the reintroduction of a partial defence, postabolition of provocation in 2009. Primary victims in New Zealand are being convicted of murder and sentences are double those issued pre-2009. Both jurisdictions require that a new partial defence be introduced, and accordingly, an entirely new defence predicated on a fear of serious violence and several threshold filter mechanisms designed to accommodate the circumstances of primary victims is advanced herein. The proposed framework draws upon earlier recommendations of the Law Commission for England and Wales, and a comprehensive review of the operation of ss 54 and 55 of the Coroners and Justice Act 2009, but the novel framework rejects the paradoxical loss of self-control requirement and sexed normative standard operating within that jurisdiction. The recommendations are complemented by social framework evidence and mandatory jury directions, modelled on the law in Victoria. A novel interlocutory appeal procedure designed to prevent unnecessary appellate court litigation is also outlined. This bespoke model provides an appropriate via media and optimal solution to the problems faced by primary victims in Victoria and New Zealand.