Law Commons^™

Household Recycling Behaviour In Metropolitan Australia: A Social Practice Theory Perspective, Susann Noe

Theses

Australians generate almost 545kg of annual kerbside waste per capita, one of the highest amounts compared to other OECD countries (Blue Environment, 2022). Although kerbside systems in Australian metropolitan areas are well-developed and the recycling practice is considered a social norm, residents' inaccurate handling of recyclable items send as much as 35% of valuable recyclable materials to landfill, contributing to environmental harm (Cleanaway Waste Management Limited, 2021). Furthermore, newly established recycling schemes in Australian jurisdictions are not used to their full potential.

In the context of both issues, the current thesis aims to understand the underperforming nature of recycling practices …

Do The Safeguards In The Victorian Assisted-Dying Legislation Adequately Account For The Experiences Of Other Nations?, Heath Harley-Bellemore

Theses

In 2017 the Victorian State Parliament passed the Voluntary Assisted Dying Act 2017, making it the first Australian jurisdiction since 1996 to pass assisted dying legislation. The Victorian model was hailed by the Government of Victoria as the ‘safest and most conservative in the world’, and had the benefit of drawing on over 20 years of voluntary assisted dying experiences of other jurisdictions for its development. This thesis examines the experiences of other jurisdictions and how they informed the development of the Victorian model. It examines available data, reports, and criticisms of international experiences and applies them to the Victorian …

'Are We Doing The Right Thing?' Utilising Security Governance To Reform The Us Drone Program, Jane Minson

Theses

The use of unmanned aerial vehicles, or drones, for counterterrorism purposes by the United States within its targeted killing program has been deeply controversial. Used in each presidential administration since the terrorist attacks of September 11, 2001, drones have sparked debate, in part due to their contribution to civilian deaths; their killing of high-value terrorist targets including, on at least one occasion, a US citizen; and the heightened secrecy that has surrounded the program with little formal oversight and, as such, little accountability. This thesis uses this contextual framework – with a particular focus on the administration of President Barack …

Without Hindrance Or Fear Of Reprisals: The Attitudes And Experiences Of Doctors With A Conscientious Objection To Abortion In New South Wales And Victoria, Anna Walsh

Theses

This thesis explores the phenomena of conscience from the perspective of doctors with a conscientious objection to abortion. Its focus is a novel empirical study on the attitudes and experiences of 35 doctors who self-identify as having a conscientious objection to abortion and who practice in New South Wales and Victoria, Australia. Findings include the reasons for their objection and the types of actions they refuse to perform, whether and how the law has limited the free expression of their beliefs in the workplace, and what they would change to achieve a more reasonable accommodation of their conscientious objection in …

Self-Defence In New South Wales In Its Historical Context: A Simpler Test?, Mamdouh Elmaraazey

Theses

The right to use force in self-defence is recognised by law. The idea of self-defence in criminal law history can be traced back to medieval England’s daily life and ‘the peace’ that the king was trying to establish as his contribution to the good of English society as a whole. The Crown enacted several statutes during the medieval period to ensure that those responsible for homicides were convicted, but would occasionally pardon offenders when the jury qualified their guilty decisions with self-defence explanations. But because the king did not always grant a pardon, juries developed a reputation for handing down …

The Van Diemen's Land Commission 1826 To 1828 And The Doctrine Of Ultra Vires, Rosemary Conchita Lucadou-Wells

Theses

This Thesis examines the work of the Land Commissioners of Van Diemen’s Land during the years 1826 - 1828, in light of the doctrine of ultra vires and the underlying principle of the Rule of Law. Ultra vires occurs when those invested with power act beyond the parameters of their given powers, which can result in their actions being rendered unlawful. Ultra vires is a fundamental doctrine in law today. It has evolved over a long period of time and was received into the Australian legal system with colonisation. However, the historical origins, development and application of the ultra vires …

Procedural Fairness Requirements In Decision-Making: Legal Issues And Challenges For Government Secondary School Principals In New South Wales, Tryon Francis

Theses

The application of the rules of procedural fairness, which is an element of administrative law, is an area of law that has not been previously examined in the context of government (public) secondary school principals in New South Wales (‘NSW’). Using a basic qualitative case study design, this study sought to discover the processes that these principals undertook in applying the rules of procedural fairness when managing student discipline, special education and industrial relations. The study examined to what extent New South Wales government (public) secondary school principals were equipped to make decisions that are consistent with the administrative law …

The Conjecture From The Universality Of Objectivity In Jurisprudential Thought: The Universal Presence Of A ‘Reasonable Man’, Johnny Sakr

Theses

This thesis proposes that all legal systems use objective standards as an integral part of their conceptual foundation. To demonstrate this point, this thesis will show that Jewish law, ancient Athenian law, Roman law and canon law use an objective standard like English common law’s ‘reasonable person’ to judge human behaviour. It argues that the universal use of objective standards dictates that human reason, a capability possessed by all mentally complete human beings, holds that objective standards are an important tool in judicial reasoning.

To establish a just system of law, this thesis contends that objective standards should be used …

Deficiencies In Australia’S Current Merger Regime: The Call To Combat Creeping Acquisitions, Ashleigh Cavagnino

Theses

The Australian Competition and Consumer Commission (ACCC) does not have adequate tools to prevent creeping acquisitions under the Competition and Consumer Act 2010 (Cth) (CCA).

Section 50 of the CCA prohibits a corporation from acquiring shares or assets if the acquisition would have the effect, or be likely to have the effect, of substantially lessening competition in any market. The expression ‘creeping acquisitions’ refers to a number of small individual mergers or acquisitions that, when considered in isolation, do not have a sufficient impact on competition to breach s 50, but when considered together, have a cumulative effect of substantially …

Paid Parental Leave: An Investigation And Analysis Of Australian Paid Parental Leave Frameworks With Reference To Selected European Oecd Countries, Greg Lynn

Theses

xiii ABSTRACT In 2010, the Australian federal government introduced a national scheme of taxpayer-funded paid parental leave. This legislation was introduced only after much political debate and came after more than 100 years of reform to Australian industrial law to make employment laws work better for employees with families. These reforms occurred on the back of a long history of relatively slow female legal emancipation in Australia and the concept of employment rights for women having children is a relatively new legal concept. Australian employment law has traditionally been conceptualised in terms of the paradigm of ‘the male breadwinner,’ supported …

Religious Free Speech And Anti-Discrimination Laws In Australia, Isabel Rocha De Sousa

Theses

This thesis addresses the delicate relationship between Religious Free Speech and Australian Anti-discrimination laws. There are an increasing number of conflicts arising between religious and secular speech. Different opinions related to sensitive matters often result in social and legal disputes. Some of these disputes become complaints under Anti-discrimination laws and arguably lead to less freedom of conscience and speech.

This thesis focuses on ‘the relationship between Religious Free Speech and Anti-discrimination laws’. This is done though critical analysis of relevant literature, cases and legislation, contextualising them in response to the questions proposed in the research paper.

The Problem Of Unwanted Online Publication And Use Of Images Of Children And Young People : A Legal Challenge, Anna Bunn

Theses

The online publication of images of children and their subsequent use has the potential to cause harm to a child who is a subject of such an image. Indeed, the publication and distribution of photographs or video clips has been found to be one of the most impactful forms of bullying.1 Even outside a cyberbullying context, however, this thesis argues that two important aspects of a child’s social and emotional development — namely their selfesteem and the development of relationships — can be harmed by the unwanted online publication or subsequent use of an image of that child. In particular, …

Social Media In The Workplace: Legal Challenges For Employers And Employees, Jacques C. Duvenhage

Theses

Social media has become prevalent through platforms like Facebook, Twitter and LinkedIn and has essentially changed the way people communicate. At first, social media networks were used for private purposes; however, businesses have started using social media as a way to improve and advertise their products online. Therefore, social media presents many benefits such as lower costs for advertising and convenience for customers to view and share products online. However, the advent of social media in the business environment also creates challenges within the workplace that can have a negative effect on the employer–employee relationship. This is especially significant when …

Future Digital Money: The Legal Status And Regulation Of Bitcoin In Australia, Chinelle Van Der Westhuizen

Theses

Virtual and digital crypto-currencies, specifically Bitcoin, were developed by an anonymous pseudonym ‘Satoshi Nakamoto’ in 2009 and have become a developing form of payment system used by businesses and consumers. Unlike traditional payment systems, Bitcoin is a peer-to-peer network with unique characteristics. Bitcoin is a private, anonymous and decentralised network that is intended to work independently from a government or banking authority. Bitcoin is therefore a network dependent upon mathematical algorithms between two users and managed through a process called ‘mining’, which is then stored within a user’s private ‘wallet’. This innovative technology offers numerous opportunities as a payment system; …

Courage To Move Beyond The Past: Common Law And Canonical Structures For The Governance Of Australian Congregational Schools In The 21st Century, Jane Power

Theses

The future governance and ownership of congregational schools has become a compelling question for many congregations still seeking to determine the future of their schools and education ministry. Some congregations have already made the transition to new legal structures, some are in a transitional phase, and still others are yet to make decisions.

The purpose of this thesis is to determine suitable common law and canon law structures for the future governance and ownership of congregational schools when the congregations are no longer willing or able to continue in their current roles. The following aspects determine the focus of the …