Law Commons^™

The Impact Of Section 18c And Other Civil Anti-Vilification Laws In Australia, Luke J. Mcnamara, Katharine Gelber

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

This paper reports on the findings of a large scale study of the impact of anti-vilification (or ‘hate speech’) laws,1 on public discourse in Australia over more than two decades.2 Its scope includes, but is not limited to s 18C of the Racial Discrimination Act 1975 (Cth). We investigated the ways in which legislation might have affected public discourse over time. Our task was methodologically challenging, for connecting changes in public discourse to the introduction or enforcement of hate speech laws is fraught with difficulty. We triangulated data from a range of primary and secondary sources, to investigate the relationship …

Professional Misconduct: The Case Of The Medical Board Of Australia V Tausif (Occupational Discipline), Caroline Colton

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

In 2014, the Australian Capital Territory Civil and Administrative Appeals Tribunal (ACAT) made a finding of professional misconduct against a Canberra general practitioner working in two bulk-billing medical practices established by a corporate medical practice service company, Primary Health Care Limited (Medical Board of Australia v Tausif (Occupational Discipline) [2015] ACAT 4).

Slides: Thoughts On Regulatory Mechanisms For Natural Resource Development: Alternatives To Command And Control, Including A Look At Open Source Approaches, Stanley Dempsey

Natural Resource Industries and the Sustainability Challenge (Martz Winter Symposium, February 27-28)

Presenter: Stanley Dempsey, Chairman, Royal Gold

17 slides

Motivations, Learning Activities And Challenges: Learning Mandarin Chinese In Australia, Xiaoping Gao

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

Mandarin Chinese is ane of the priority languages in the Australian Government's {2012} 'Australia in the Asian Century' White Paper. However the number of Australian learners of Mandarin remains the smallest among six commonly taught foreign languages in Australia. What are Australian learners' motivations and preferred learning activities for learning Mandarin Chinese? What challenges do teachers face when promoting this language? To answer these questions, this study conducted surveys with 149 school students and with 18 principals and language teachers in New South Wales. Results show that the Australian students' study of Mandarin was primarily driven by extrinsic motivation although …

Discretionary Benefit Or Entitlement? Hospitality Workers And The Ownership Of Customer Tips In Australia, Amelia Gow, Andrew Frazer

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

The tipping of hospitality workers by customers is an increasingly common custom in Australia. Tips are a substantial (though unquantified) part of the income of hospitality workers. Such workers are often casual and vulnerable young employees. Tipping occurs in a tripartite relationship between the business operator, the customer and the worker. It is almost completely unregulated by the labour law instruments of awards and enterprise agreements. This is a ‘regulatory space’ where labour law and consumer protection law may potentially intersect.

Who owns tips? While customers may reasonably assume that service workers will receive all the tips they leave, either …

Theatrical Jurisprudence And The Imaginary Lives Of Law In Pre-1945 Australia, Marett Leiboff

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

If there is anything like an imagined pre-1945 past in Australia, it is one steeped in an Anglophone legal ascendancy. But this is an imaginary past in so many ways. Non-British Europeans came to Australia long before 1945. These earlier Europeans were marked by differences of voice and face, but were eager British subjects, as likely to actively take advantage of law as they were to be subjected to its strictures. By theatricalising their ordinary and extraordinary legal lives through archive and memory, we are reminded that there is more to law of the South than formal accounts which have …

Indigenous Australia's Diverse Memorialisation Of The Dead, Bronwyn Carlson

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

Beliefs and ceremonies associated with death in Indigenous Australia are diverse. Death and the deceased are sacred to Indigenous Australians and ceremonies differ between communities.

They may involve lengthy ceremonies lasting several days with strict protocols around language, names, images and other possessions. Alternatively deaths might be marked by funerals that can include images and speaking the deceased person’s name, performances and other tributes.

Taxation In Australia Up Until 1914: The Warp And Weft Of Protectionism, Caroline Dick

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

This article offers an account of the taxing policies in Australia from 1788 up until the beginning of World War I, when the exigencies of the First World War forced the Australian government to reassess its tax policies. During the period from 1788 until 1914, Australia transitioned from being a collection of provincial colonies with their own economic objectives and taxing policies to a Federation with a centrally-directed taxing authority. Whilst this political transition was taking place there was also a transition occurring in government policy concerning the function of taxation in Australia.

Government no longer used taxation just for …

To Restore Federalism, Strengthen The States And Make Australia More Republican, Gregory Melleuish

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

The reform of Australia’s federation is under review. In this special series, we ask leading Australian academics to begin a debate on renewing federalism, from tax reform to the broader issues of democracy.

The University of Wollongong’s Gregory Melleuish explains how the current state-federal relationship has warped from the ideals of Australia’s constitution and why a return to republican principles must be the remedy.>p>

Impunity Of Frequent Corporate Homicides By Recurrent Fires At Garment Factories In Bangladesh: Bangladeshi Culpable Homicide Compared With Its Equivalents In The United Kingdom And Australia, S M. Solaiman, Afroza Begum

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

How corporations can be best prevented from causing deaths of others has been a critical concern of judges, legislators, prosecutors and academics alike around the world since the 19th century. Concerns for workplace safety have mounted globally in recent decades, propelling the demand for industrial manslaughter prosecution as a more effective use of criminal suits. Like the regulation of human conduct, criminal Jaw is considered to be an instrument for changing corporate behaviour in a way that fosters future conformity with the expectations of society.

Explainer: How Do Australia's Laws On Hate Speech Work In Practice?, Luke Mcnamara, Katharine Gelber

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

The Abbott government’s intention to amend national racist hate speech law has reignited a debate that has raged in Australia for decades: is there a place for laws that condemn public conduct that is likely to cause harm or generate ill-feeling towards racial minorities?

It’s an important question, and diverse views should be ventilated.

But the grand claims made from both corners – that hate speech laws have no place in a democracy, or that they are a valuable way of protecting minorities – are rarely backed up with evidence. This is unfortunate and unnecessary. Today, more than 20 years …

Teachers' Attitudes Towards Computer-Assisted Language Learning In Australia And Spain, Lidia Bilbatua, Alfredo Herrero De Haro

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

A review of the existing literature shows that when it comes to studying attitudes towards CALL (Computer-Assisted Language Learning), researchers have traditionally focused on students’ perspectives and ignored teachers’ views. This study focuses on teachers’ attitudes towards CALL in order to gain a better understanding of what issues, advantages, and disadvantages teachers come across when incorporating CALL into their teaching. Furthermore, a group of teachers from Australia and Spain has been interviewed to compare how views on CALL vary across professionals in these two countries. As some authors have previously proved, the more IT literate teachers are, the more likely …

Statutory Civil Liabilities Of Corporate Gatekeepers For Defective Prospectuses In Australia, The United States, The United Kingdom And Canada: A Comparison, S M. Solaiman

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

Securities regulation is largely the regulation of information asymmetry in relation to the selling of financial assets described as securities. This selling requires information concerning issuers and their securities to be disclosed to the investing public. Securities regulation seeks to regulate this disclosure in order to ensure a level playing field between issuers and their potential investors. The House of Lords in Peek v Gurney held in 1873 that the objective of a prospectus was to enable investors to make an informed investment decision.' Most of the recent corporate failures in the United States between 2001 and 2002 such as …

A Secular Australia? Ideas, Politics And The Search For Moral Order In Nineteenth And Early Twentieth Century Australia, Gregory Melleuish

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

This article argues that the relationship between the religious and the secular in Australia is complex and that there has been no simple transition from a religious society to a secular one. It argues that the emergence of apparently secular moral orders in the second half of the nineteenth century involved what Steven D. Smith has termed the 'smuggling in' of ideas and beliefs which are religious in nature. This can be seen clearly in the economic debates of the second half of the nineteenth century in Australia in which a Free Trade based on an optimistic natural theology battled …

Food Safety Offenses In New South Wales, Australia: A Critical Appreciation Of Their Complexities, Abu Noman Mohammad Atahar Ali, S M. Solaiman

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

Food is essentially a primary need of all life to remain alive. Faults or carelessness of human beings renders foods unsafe, which may cause disease and death. This article examines selected food safety offenses of New South Wales aimed at assessing their definitional clarity and penal rationality looking through the lens of an offender's culpability. It carries out a critical analysis based on archival materials and concludes that the present offense provisions hold significant merits to regulate food safety; however, further clarity of their inherent complexities could enhance their efficacy.

Corporate Governance And Social Welfare In The Common Law World, David A. Skeel Jr.

All Faculty Scholarship

The newest addition to the spate of recent theories of comparative corporate governance is Corporate Governance in the Common-Law World: The Political Foundations of Shareholder Power, an important new book by Christopher Bruner. Focusing on the U.S., the U.K., Canada and Australia, Bruner argues that the robustness of the country’s social welfare system is the key determinant of the extent to which its corporate governance is shareholder-centered. This explains why corporate governance is so shareholder-oriented in the United Kingdom, which has universal healthcare and generous unemployment benefits, while shareholders’ powers are more attenuated in the United States, with its …

Warrant Canaries Beyond The First Amendment: A Comment, Jonathon Penney

Articles, Book Chapters, & Popular Press

Warrant canaries have emerged as an intriguing tool for Internet companies to provide some measure of transparency for users while also complying with national security laws. Though there is at least a reasonable argument for the legality of warrant canaries in the U.S. based primarily on First Amendment "compelled speech" doctrine, the same cannot be said for the use of warrant canaries in other "Five Eyes” intelligence agency countries — United Kingdom, Canada, New Zealand, and Australia — where the legality of warrant canaries has yet to be examined in either cases or scholarship. This comment, which provides an overview …

Conclusion. The Migration Of Legal Ideas: Legislative Design And The Lawmaking Process, Robert L. Tsai

Faculty Scholarship

This is the conclusion for an edited volume on legislative usage of foreign and international law, N. Lupo & L. Scaffardi, Legal Transplants and Parliaments: A Possible Dialogue Amongst Legislators? (2014). I assess the general turn in comparative law studies towards the behavior of elected officials, as well as the preference for increased formality in the use of foreign law. The essays in this book analyze the legal experiences of Brazil, Namibia, Australia, South Africa, Spain, the European Union, China, Canada, Portugal, the United Kingdom, the United States, and Italy. Many of these countries (but not all, especially the U.S.) …

Reconceputualising Security Strategies For Courts: Developing A Typology For Safer Court Environments, Anne Wallace, Deborah Blackman, Emma Rowden

Research outputs 2013

There have been heightened concerns about security in courts in recent years, prompting a strong response that has largely been focused on perimeter security. This paper draws on recent research conducted in Australian on court user’s safety needs, to propose a typology for designing safer courtroom environments that moves beyond the entry point to the court, and incorporates consideration of process and design elements.

Chinese Language Teaching And Teacher Training In Australia, Xiaoping Gao

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

摘要：

自国家汉办2006年启动海外汉语教师志愿者项目以来，志愿者的素质问题逐渐成为志愿者选派、培训及国际汉语教育专业人才培养关注的焦点。本文旨在探讨赴澳大利亚志愿者的必备素质与培养策略。文章以澳大利亚的中文教育状况为背景，通过对比澳洲本土教师从业资格与志愿者的选拔条件、培训内容，提出满足澳大利亚教学需求的志愿者应具备良好的英语沟通能力、扎实的专业素养、踏实的敬业精神，娴熟的多媒体课件制作技巧、和适合学生特点的组织管理课堂教学活动的技能。本文并就如何培养志愿者的上述素质提出了相应的培养策略，以期丰富国际汉语教师志愿者的选拔、培训及相关研究，探索高质量国际汉语人才培养的新途径。

Blending Fairness And Efficiency: An Analysis Of Its Desirability In The Context Of Insider Trading Laws In Australia, Afroza Begum

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

Purpose - The regulatory approach to insider trading (IT) in Australia is premised on a "blend" of fairness and efficiency which has generated an important controversy. The study aims to investigate this controversy by critically analysing the way the policy maker and judiciary have been striving to accomplish the regulatory goals based on this blend.

Design/methodology/ approach - This research is based on existing primary and secondary legal resources.

Findings - Regulation of insider trading (IT) with an appropriate enforcement mechanism has become an important issue in Australia. As part of this, a range of legal studies have unveiled significant …

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 …

Ethical And Legal Issues In Teaching About Japanese Popular Culture To Undergraduate Students In Australia, Mark J. Mclelland

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

Interest in Japanese popular culture, particularly young people’s engagement with manga and animation, is widely acknowledged to be a driving factor in recruitment to undergraduate Japanese language and studies courses at universities around the world. Contemporary students live in a convergent media culture where they often occupy multiple roles as fans, students and ‘produsers’ of Japanese cultural content. Students’ easy access to and manipulation of Japanese cultural content through sites that offer ‘scanlation’ and ‘fansubbing’ services as well as sites that enable the production and dissemination of dōjin works raise a number of ethical and legal issues, not least infringement …

Cultural Myths And Open Secrets: The Cattle Industries In Australia, Melissa Boyde

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

In a meditation on the “question of identity” Gertrude Stein, modernist writer, art collector, dog lover, writes about one of the dogs she and her partner Alice B. Toklas lived with: “I am I because my little dog knows me” (Geographical History 99). In a later discussion on identity and creativity Stein again includes the statement about her dog, adding: I was just thinking about anything and in thinking about anything I saw something. In seeing that thing shall we see it without it turning into identity, the moment is not a moment and the sight is not the thing …

An End To Australia’S Auto Dream: Why We Loved Holden, Georgine Clarsen

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

Yesterday we learned that our collective support for Holden is coming to an end. The demise of “Australia’s Own” has been on the cards for years. After all, this country is one of the most expensive places in the world to produce cars.

We are not alone or even the biggest subsidisers of car manufacturing, of course.

National economies as different as China, Japan, France and the USA have always offered incentives to keep cars rolling off assembly lines. But public funding for private enterprise runs deep in Australia – and it has never been just a matter of economics.

The Sum Of All Our Fears: Transnational Corporations And The Crisis Of Convergence In Australia, Caroline Colton

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

The article discusses the desire of the businesses to improve infrastructure construction by increase their infrastructure investment in superannuation funds and in the government of Australia. It highlights the privatisation of public assets and reduction of services for corporate profit optimisation in the government. It examines the impact of environmental law to the development of infrastructure such as power plants for economic development.

Not Dead Yet: Emerging Trends In Radio Documentary Forms In Australia And The Us, Mia Lindgren, Siobhan A. Mchugh

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

This paper maps contemporary trends in Australian and American radio documentary production. The genre is experiencing a renaissance, as can be seen in the growing number of websites, blogs and podcasts dedicated to radio documentary productions. In addition, the number of freelancers wanting to produce radio documentaries has increased dramatically in Australia over the past five years. This paper traces the evolution of radio documentary forms and explores how globalisation of radio listenership via podcasting and sharing of content on social media is beginning to change documentary. It explores how stellar programs such as This American Life (TAL) and Radiolab …

Legislative Implementation Of The Law Of The Sea Convention In Australia, Warwick Gullett

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

All States with marine and maritime interests need to ensure that their domestic laws enable them to meet their obligations, and to take advantage of the rights afforded to them, under the international law of the sea. This body of international law is structured around one of the most extensive and widely ratified international treaties: the United Nations Convention on the Law of the Sea ('LOSC').1 This paper reviews the general process by which obligations and rights in international treaties become part of domestic law and then examines Australia's experience in incorporating into its domestic law three broad areas of …

The Landmark James Hardie Case In Australia: A Wakeup Call For Non-Executive Directors, S M. Solaiman

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

Company directors are not an ornament, but they are an essential component of corporate governance, and vigilant non-executive directors (NEDs) are believed to be crucial to good governance of corporations.' Recent corporate failures in the developed world underscore the need for an active role of private actors such as directors in good governance of corporations.

A company in legal concept is an entity created by law conferring artificial personality to represent individuals who operate it for profits or other purposes with perpetuity in its existence and simplicity in its contractual relations. • Corporations emerged as a division of society and …

Unprecedented Factory Fire Of Tazreen Fashions In Bangladesh: Revisiting Bangladeshi Labour Laws In Light Of Their Equivalents In Australia, S M. Solaiman

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

Right to life is a core human right, but workers' lives seem to be dreadfully cheap in Bangladesh. This is so because the government appears to be complacent by offering a small amount of money to the families of victims of fires at garment factories and collapses of factory buildings. Previously, at least 1,000 workers have been killed in garment factories alone in Bangladesh from 1990 to 2012, ironically, all went unpunished. Recently, the devastating fire at Tazreen Fashions Ltd. which killed 112 in November 2012 and, just a few months apart, the horrifying collapse of Rana Plaza which housed …