Law Commons^™

The Definition And Significance Of 'Intoxication' In Australian Criminal Law: A Casestudy Of Queensland's 'Safe Night Out' Legislation, Julia Quilter, Luke J. Mcnamara, Kate Seear, Robin Room

Faculty of Law, Humanities and the Arts - Papers (Archive)

Australian criminal law is being actively reconfigured in an effort to produce a more effective response to the problem of alcohol-related violence. This article uses the Safe Night Out Legislation Amendment Act 2014 (Qld) as a case study for two purposes: i) to introduce a set of conceptual tools and typologies that can be used to investigate the relationship between 'intoxication' and criminal law; and ii) to raise a number of concerns about how the effects of alcohol and other drugs are implicated in laws governing police powers, criminal responsibility and punishment. We draw attention to the different and sometimes …

Academic Employment And Gender Equity Legislation In Australia And Japan, 1970-2010, Kirsti Rawstron

Faculty of Law, Humanities and the Arts - Papers (Archive)

Purpose - The purpose of this paper is to examine the rate of change of men and women's employment as university academic staff in Australia and Japan; and, drawing on quantitative methods, show differences in the rate of change since the introduction of anti-sex discrimination legislation. The author also includes a discussion of programmes designed to increase female participation in academic positions to provide background to the existing changes.

Design/methodology/approach - Using statistics published by the Ministries of Education of both countries, a time series of female participation at each level of academic staff was constructed. Breakpoint analysis is used …

Time To Define 'The Cornerstone Of Public Order Legislation': The Elements Of Offensive Conduct And Language Under The Summary Offences Act 1988 (Nsw), Julia Ann Quilter, Luke J. Mcnamara

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article addresses a contradiction that has long been at the heart of the criminal law concerned with ‘public order’. Although crimes such as offensive conduct and offensive language are amongst the most frequently prosecuted offences in Australia, their legal nature is poorly understood and rarely the subject of judicial scrutiny or academic explanation. In the context of ongoing controversy over whether such offences have a legitimate place on the statute books, we confront this oversight. This article draws on the High Court of Australia’s decision in He Kaw Teh v The Queen1 to lay out a methodology for construing …

Review Of Ct Legislation: Submission On Federal Criminal Code Ct Provisions, Gregory L. Rose

Faculty of Law, Humanities and the Arts - Papers (Archive)

This submission relates to only selected federal Criminal Code counter-terrorism (CT) laws, although recognising that national CT criminal laws form merely part a small part of the national effort required to combat extremist political violence. It suggests several of the CT provisions in which clarity could be improved.

Assessment of the federal CT laws against the criterion of necessity indicates that, although the CT criminal offences update or extend prior legislation, most prior legislation remains on the books, and overlap occurs. Yet, in another respect, they do not overlap with other extant crimes of violence. The intention of terrorism perpetrators, …