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Journal articles on the topic 'Evidence (Law) Australia'

Author: Grafiati
Published: 4 June 2021
Last updated: 1 August 2024

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1

White, Ben, and Lindy Willmott. "Future of assisted dying reform in Australia." Australian Health Review 42, no. 6 (2018): 616. http://dx.doi.org/10.1071/ah18199.

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The Voluntary Assisted Dying Act 2017 (Vic) will come into force in June 2019, becoming the first law in Australia in 20 years to permit voluntary assisted dying (VAD). This paper considers how other Australian states and territories are likely to respond to this development. It analyses three key factors that suggest that law reform is likely to occur in other parts of Australia: (1) the growing international trend to permit VAD; (2) social science evidence about how VAD regimes operate; and (3) changes to the local political environment. The paper argues that these three factors, coupled wit
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2

Rice, Simon. "Access to a Lawyer in Rural Australia: Thoughts on the Evidence We Need." Deakin Law Review 16, no. 1 (August 1, 2011): 13. http://dx.doi.org/10.21153/dlr2011vol16no1art92.

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NSW Law Society membership data 1988–2004 enables mapping over time of the presence and movement of private legal practice in rural NSW. The changing ratio of legal practices per 10 000 population is calculated against data from the Australian Bureau of Statistics. In short, while the rural population increases, the number of legal practices decreases at a much slower rate, resulting in an overall drop in the proportion of legal practices in the population. However, although some inferences could be drawn, the data do not go very far in illustrating the nature and degree of, and reasons for, t
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Cullen, Hayley J., Lisanne Adam, and Celine van Golde. "Evidence-based policing in Australia: an examination of the appropriateness and transparency of lineup identification and investigative interviewing practices." International Journal of Police Science & Management 23, no. 1 (March 2021): 85–98. http://dx.doi.org/10.1177/14613557211004618.

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Psychological research has been pivotal in influencing the way police forces globally approach and undertake criminal investigations. Increasing psychological research in recent years has led to the development of best-practice guidelines for conducting police investigations, across a number of key areas of criminal investigation. For example, procedures for creating and conducting lineups as recommended by the American Psychology-Law Society, and the UK-developed PEACE model for investigative interviewing, have both been of influence in Australia. However, the extent to which these evidence-b
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Caruso, David R. A. "Public policy and private illegality in the pursuit of evidence." International Journal of Evidence & Proof 21, no. 1-2 (December 29, 2016): 87–118. http://dx.doi.org/10.1177/1365712716674797.

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The public policy discretion at common law in Australia was established in the High Court case of Bunning v Cross. The discretion has subsequently been interpreted and applied to permit courts to exclude evidence obtained by improper, unlawful or illegal conduct on the part of ‘the authorities’. The discretion has not been held to be enlivened for exercise in circumstances where the impugned conduct is on the part of private persons unconnected with law enforcement. This article argues that this fetter on the availability of the public policy discretion has been wrongly interpreted from the de
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de Costa, Caroline M., Darren B. Russell, Naomi R. de Costa, Michael Carrette, and Heather M. McNamee. "Introducing early medical abortion in Australia: there is a need to update abortion laws." Sexual Health 4, no. 4 (2007): 223. http://dx.doi.org/10.1071/sh07035.

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Recent changes to Federal Therapeutic Goods Administration legislation have seen the limited introduction of the drug mifepristone to Australia for the purpose of early medical abortion. At the same time it has become evident that both methotrexate and misoprostol, licenced and available for other indications, are being used safely and appropriately for early abortion by Australian medical practitioners. Early medical abortion is widely practiced overseas where its safety and effectiveness are well supported by current evidence. However, abortion law in many states is still contained within th
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Wilson, Nigel. "The influence of Professor J.H. Wigmore on evidence law in Australia." International Journal of Evidence & Proof 19, no. 1 (January 2015): 29–51. http://dx.doi.org/10.1177/1365712714561466.

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7

Lee, Taryn. "The Rights Granted to Indigenous Peoples under International Law." International Community Law Review 18, no. 1 (February 23, 2016): 53–71. http://dx.doi.org/10.1163/18719732-12341321.

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Indigenous peoples in Australia have been adversely affected by the process of colonisation by the British Crown. Despite Australia’s adoption of the United Nations Declaration on the Rights of Indigenous Peoples (‘Declaration’), there is little evidence that it is an effective means of redressing the historical wrongs suffered by Indigenous communities in Australia. This essay outlines the experience of Indigenous peoples in Australia and examines the utility of the Declaration in international law. While observing that Indigenous peoples have had limited engagement with the Declaration, ther
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Porter, Jennifer. "Admissibility of confession evidence: Principles of hearsay and the rule of voluntariness." International Journal of Evidence & Proof 25, no. 2 (April 2021): 93–114. http://dx.doi.org/10.1177/13657127211002287.

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The common law test of voluntariness has come to be associated with important policy rationales including the privilege against self-incrimination. However, when the test originated more than a century ago, it was a test concerned specifically with the truthfulness of confession evidence; which evidence was at that time adduced in the form of indirect oral testimony, that is, as hearsay. Given that, a century later, confession evidence is now mostly adduced in the form of an audiovisual recording that can be observed directly by the trial judge, rather than as indirect oral testimony, there ma
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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.

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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 evide
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Manwaring, Kayleen. "‘Click Here to (Dis)agree’: Australian Law and Practice in Relation to Informed Consent." Global Privacy Law Review 3, Issue 3 (September 1, 2022): 127–49. http://dx.doi.org/10.54648/gplr2022015.

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This article provides a detailed examination of issues with the legislative framework meeting consumer expectations in relation to informed consent, particularly in relation to the Privacy Act 1988 (Cth) and the Australian Consumer Law (ACL). It also discusses two potential areas that might assist in fleshing out the current minimalist legislative definition of consent: namely case law and guidelines issued by the Australian privacy regulator, the Office of the Australian Information Commissioner (the OAIC Guidelines). However the case law available in this area is sparse and provides little g
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Poole, WE, JT Wood, and NG Simms. "Distribution of the tammar, Macropus eugenii, and the relationships of populations as determined by cranial morphometrics." Wildlife Research 18, no. 5 (1991): 625. http://dx.doi.org/10.1071/wr9910625.

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Apparently once widespread throughout dense thickets in south-western Australia, the tammar is now much restricted in its distribution. On mainland Australia, isolated populations still persist in Western Australia, but in South Australia, where there is little remaining evidence to confirm that it extended beyond Eyre Peninsula, the wallaby is probably close to extinction. All originally recorded populations on five islands in Western Australia remain, but in South Australia all natural island populations, other than those on Kangaroo I., appear to be extinct. Morphometric analyses of crania
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Schmulow, Andrew. "Regulating the Regulator : Improving Consumer Protection under a Twin Peaks Regulatory Framework." International Review of Financial Consumers 3, No. 1 Apr 2018 (April 1, 2018): 1–14. http://dx.doi.org/10.36544/irfc.2018.1-1.1.

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Australia is in the midst of a financial regulatory crisis. Evidence of malpractice, fraud, criminality, contempt for the law, and the abuse of consumers on an industrial scale, all while Australia’s Twin Peaks regulators looked on, has come as a shocking surprise. The implications stretch well beyond Australia: they are relevant wherever the Australian ’Twin Peaks’ model has been adopted or is under consideration. This article argues that the Twin Peaks model must be analysed from the perspective of regulatory design, as well as implementation. The design - the architecture of Twin Peaks - re
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Edwards, L. R. "The use of cockpit: voice recordings as evidence. Recent developments in Australia." Air and Space Law 10, Issue 3 (June 1, 1985): 176–80. http://dx.doi.org/10.54648/aila1985024.

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Khanal, Avishek, Mohammad Mafizur Rahman, Rasheda Khanam, and Eswaran Velayutham. "Are Tourism and Energy Consumption Linked? Evidence from Australia." Sustainability 13, no. 19 (September 28, 2021): 10800. http://dx.doi.org/10.3390/su131910800.

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Tourism contributes to the growth of an economy via earning foreign currencies and employment opportunities. However, tourism also contributes to greater energy consumption because of various tourist activities such as hotel accommodations and transportation. This study investigates the long-term cointegrating relationship between international tourist arrivals and primary energy consumption in Australia. In addition, the roles of gross domestic product, gross fixed capital formation, financial development, and total population on energy consumption are also examined. The study covered the las
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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.

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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. Usin
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Banks, Peter B., and Nelika K. Hughes. "A review of the evidence for potential impacts of black rats (Rattus rattus) on wildlife and humans in Australia." Wildlife Research 39, no. 1 (2012): 78. http://dx.doi.org/10.1071/wr11086.

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The black rat (Rattus rattus) is among the world’s worst invasive species, having spread across the globe in close association with the spread of human settlement. It is the source of some of the worst diseases affecting humans and is thought to have had a devastating impact on native wildlife, especially in island ecosystems. Black rat is likely to have arrived in Australia with the first European settlers, making it among the first of many alien species to invade the continent, and it is now widespread. Yet, its impacts on local wildlife have largely been overlooked. Here, we review the pote
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Pincus, Morton, Shivaram Rajgopal, and Mohan Venkatachalam. "The Accrual Anomaly: International Evidence." Accounting Review 82, no. 1 (January 1, 2007): 169–203. http://dx.doi.org/10.2308/accr.2007.82.1.169.

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We consider stock markets in 20 countries to investigate whether the accrual anomaly (Sloan 1996), characterized by U.S. stock prices overweighting the role of accrual persistence, is a local manifestation of a global phenomenon.We explore whether the occurrence of the anomaly is related to country differences in accounting and institutional structures, and examine alternative explanations for its occurrence. We find stock prices overweight accruals in general, with accruals overweighting occurring in countries with a common law relative to a code law tradition. Using firmlevel data on a count
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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.

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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
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19

Sadiq, Sanusi Mohammed, P. I. Singh, and M. M. Ahmad. "DOES THE LAW OF ONE PRICE (LOP) HOLDS IN THE INTERNATIONAL BARLEY MARKETS." Agricultural Social Economic Journal 21, no. 4 (October 31, 2021): 251–66. http://dx.doi.org/10.21776/ub.agrise.2020.021.4.1.

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A price time-series data of barley for a period of 49 years (1970-2019) sourced from the FAO database was used to determine the horizontal market integration of barley among some selected major market players in barley trade in the world. The chosen markets are Australia, Canada, Iran, Turkey and the USA based on the availability of up-to-date large span data. The collected data were analyzed using inferential statistics- unit root tests, co-integration tests, unrestricted vector autoregressive model, Granger causality test and impulse response function. The empirical evidence showed that the
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20

Twining, William. "Freedom of Proof and the Reform of Criminal Evidence." Israel Law Review 31, no. 1-3 (1997): 439–63. http://dx.doi.org/10.1017/s0021223700015363.

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In recent years reform of the Law of Evidence has been the subject of renewed interest in many common law countries. Since the adoption of the Federal Rules, debate about wholesale reform has been relatively muted in the United States. But this is exceptional. Major reports have been produced in Australia, New Zealand, Canada, Scotland, and England. With the exception of Canada, most of these have led, or are likely to lead, to significant legislative changes. This period of reformist activity has coincided with a greatly increased interest in theoretical aspects of evidence and proof, sometim
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21

Goodin, Robert E., and Julian Le Grand. "Creeping Universalism in the Welfare State: Evidence from Australia." Journal of Public Policy 6, no. 3 (July 1986): 255–74. http://dx.doi.org/10.1017/s0143814x00004025.

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ABSTRACTThere are good reasons to suppose that the non-poor will infiltrate welfare programmes originally targeted on the poor. This paper discusses this phenomenon of ‘creeping universalisation’ and provides a number of possible explanations for it. Evidence is used from Australia to show that creeping universalisation does indeed occur, and to test the competing explanations. It is concluded that the most likely explanation for the phenomenon is individual behavioural responses: that is, the non-poor respond to the imposition of a means-test by re-arranging their affairs, legitimately or ill
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McGarrity, Nicola, and Keiran Hardy. "Digital surveillance and access to encrypted communications in Australia." Common Law World Review 49, no. 3-4 (February 26, 2020): 160–81. http://dx.doi.org/10.1177/1473779520902478.

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Australia’s counterterrorism laws have significantly expanded the powers of its law enforcement and intelligence agencies with regard to digital surveillance. In this article, we explain and evaluate Australia’s counterterrorism laws with respect to intercepting telecommunications, other forms of digital surveillance and access to encrypted communications. We focus on the statutory powers held by federal law enforcement agencies and the Australian Security Intelligence Organisation (ASIO), Australia’s domestic security intelligence agency. These powers confirm several important trends. They ha
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Khanal, Avishek, Mohammad Mafizur Rahman, Rasheda Khanam, and Eswaran Velayutham. "Exploring the Impact of Air Transport on Economic Growth: New Evidence from Australia." Sustainability 14, no. 18 (September 9, 2022): 11351. http://dx.doi.org/10.3390/su141811351.

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The COVID-19 pandemic has impacted all sectors of the tourism industry, particularly air transportation. However, air transport remains an important contributor to economic growth globally. Thus, this study examines whether air transport (a proxy for tourism) stimulates economic growth to validate the air-transportation-led growth hypothesis (ALGH) in the Australian context. To conduct the study, we analyse the asymmetric long-run and short-run impacts of the air passengers carried (a proxy for tourism) on the gross domestic product (GDP) in Australia. We use the nonlinear autoregressive distr
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Carney, Terry. "Supported decision-making in Australia: Meeting the challenge of moving from capacity to capacity-building?" Law in Context. A Socio-legal Journal 35, no. 2 (December 1, 2017): 44–63. http://dx.doi.org/10.26826/law-in-context.v35i2.12.

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Supported decision-making models are widely commended, but legislation is scant; and, while various programs of decision-making support have been tried, evaluations are few and methodological rigor is largely absent. This article reviews Australian law and practice, law reform proposals, and trials of decision support programs, to assess what has been achieved so far in realising the aspirations of the Convention on the Rights of Persons with Disabilities of providing 'support' with 'safeguards'. Taking the example of a current control group evaluation of impacts of experientially derived trai
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Kirchengast, Tyrone. "Victim legal representation and the adversarial criminal trial: A critical analysis of proposals for third-party counsel for complainants of serious sexual violence." International Journal of Evidence & Proof 25, no. 1 (January 2021): 53–72. http://dx.doi.org/10.1177/1365712720983931.

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The past several decades have witnessed a shift toward victim interests being considered and incorporated within adversarial systems of justice. More recently, some jurisdictions have somewhat contentiously considered granting sex offences complainants’ legal representation at trial. In Australia, the Royal Commission into Institutional Responses to Child Abuse (2017), the Royal Commission into Family Violence (2016) and the Victorian Law Reform Commission (2016) considered the potential role of legal counsel for complainants in the criminal trial process. While contrasting quite significantly
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Tulich, Tamara. "Adversarial Intelligence? Control Orders, Tpims and Secret Evidence in Australia and the United Kingdom." Oxford University Commonwealth Law Journal 12, no. 2 (March 27, 2012): 341–69. http://dx.doi.org/10.5235/14729342.12.2.341.

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27

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.

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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 p
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Olsen, PD, and TG Marples. "Alteration of the clutch size of raptors in response to a change in prey availability: evidence from control of a broad-scale rabbit infestation." Wildlife Research 19, no. 2 (1992): 129. http://dx.doi.org/10.1071/wr9920129.

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The claim that the clutch size of three species of raptor-the wedge-tailed eagle (Aquila audax), little eagle (Hieraaetus morphnoides) and brown goshawk (Accipiter fasciatus)-increased following the introduction and spread of the rabbit (Oryctolagus cuniculus) in Western Australia was tested by comparing historical data contained in oological collections for all 24 Australian diurnal raptors and eight owls over three time-periods: before introduction of the rabbit, during the heyday of the rabbit, and after successful broad-scale control. No significant changes were found in clutch size of the
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Taggart, Patrick L., Bronwyn A. Fancourt, Andrew J. Bengsen, David E. Peacock, Patrick Hodgens, John L. Read, Milton M. McAllister, and Charles G. B. Caraguel. "Evidence of significantly higher island feral cat abundance compared with the adjacent mainland." Wildlife Research 46, no. 5 (2019): 378. http://dx.doi.org/10.1071/wr18118.

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Context Feral cats (Felis catus) impact the health and welfare of wildlife, livestock and humans worldwide. They are particularly damaging where they have been introduced into island countries such as Australia and New Zealand, where native prey species evolved without feline predators. Kangaroo Island, in South Australia, is Australia’s third largest island and supports several threatened and endemic species. Cat densities on Kangaroo Island are thought to be greater than those on the adjacent South Australian mainland, based on one cat density estimate on the island that is higher than most
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Shaughnessy, PD, NJ Gales, TE Dennis, and SD Goldsworthy. "Distribution and abundance of New Zealand fur seals, Arctocephalus forsteri, in South Australia and Western Australia." Wildlife Research 21, no. 6 (1994): 667. http://dx.doi.org/10.1071/wr9940667.

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A survey to determine the distribution and abundance of New Zealand fur seals, Arctocephalus forsteri, in South Australia and Western Australia was conducted in January-March 1990. Minor surveys were conducted in the summers of 1987-88, 1988-89 and 1990-91. Although the surveys were primarily of black pups in breeding colonies, opportunity was taken to count fur seals of all age-classes, including those in non-breeding colonies. Pups were counted and, in more accessible and larger colonies, numbers of pups were estimated by a mark-recapture technique. The latter technique gave higher estimates
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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.

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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 th
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Bates, Frank. "Evidence, Child Sexual Abuse and the High Court of Australia." International and Comparative Law Quarterly 39, no. 2 (April 1990): 413–19. http://dx.doi.org/10.1093/iclqaj/39.2.413.

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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.

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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
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Moulds, Sarah. "Parliamentary Rights Scrutiny and Counter-Terrorism Lawmaking in Australia." Journal of Southeast Asian Human Rights 3, no. 2 (December 5, 2019): 185. http://dx.doi.org/10.19184/jseahr.v3i2.13461.

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This paper evaluates the impact of pre and post-enactment scrutiny of Australia’s counter-terrorism laws enacted from 2001 until 2018. Parliamentary scrutiny of rights-engaging laws is particularly critical in the Australian content, as Australia relies on a parliamentary model of rights protection at the federal level. The evaluation framework employed in this Paper considers a range of evidence to provide a holistic account of the impact of legislative scrutiny on the content, development and implementation of Australia’s counter-terrorism laws. This includes consideration of the legislative
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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.

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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 t
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Oliver, Paul M., Paul Doughty, and Russell Palmer. "Hidden biodiversity in rare northern Australian vertebrates: the case of the clawless geckos (Crenadactylus, Diplodactylidae) of the Kimberley." Wildlife Research 39, no. 5 (2012): 429. http://dx.doi.org/10.1071/wr12024.

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Context The phylogenetic diversity and biogeography of most animal and plant lineages endemic to the Australian Monsoonal tropics remains poorly understood. Of particular note (and in contrast to many other tropical regions in both Australia and elsewhere) is the current paucity of evidence for diverse endemic radiations of restricted-range taxa. Aims To use recently collected material from major surveys of the Kimberley Islands, Western Australia, to expand on a previous study that provided preliminary evidence of very high levels of geographically structured phylogenetic diversity in a linea
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Woinarski, J. C. Z., S. M. Legge, L. A. Woolley, R. Palmer, C. R. Dickman, J. Augusteyn, T. S. Doherty, et al. "Predation by introduced cats Felis catus on Australian frogs: compilation of species records and estimation of numbers killed." Wildlife Research 47, no. 8 (2020): 580. http://dx.doi.org/10.1071/wr19182.

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Abstract ContextWe recently estimated the numbers of reptiles, birds and mammals killed by cats (Felis catus) in Australia, with these assessments providing further evidence that cats have significant impacts on Australian wildlife. No previous studies have estimated the numbers of frogs killed by cats in Australia and there is limited comparable information from elsewhere in the world. AimsWe sought to (1) estimate the numbers of frogs killed by cats in Australia and (2) compile a list of Australian frog species known to be killed by cats. MethodsFor feral cats, we estimated the number of fro
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Mia, Parvez, Tarek Rana, and Lutfa Tilat Ferdous. "Government Reform, Regulatory Change and Carbon Disclosure: Evidence from Australia." Sustainability 13, no. 23 (November 30, 2021): 13282. http://dx.doi.org/10.3390/su132313282.

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This paper examines the effect of two Australian environmental regulatory changes, specifically the Clean Energy Act (CEA) 2011 and the National Greenhouse and Energy Reporting (NGER) Act 2007 with reference to voluntary corporate carbon disclosure practices. In doing so, it describes the brief history of this carbon-related regulatory change, its scope, enforcement criteria and corporations’ disclosures. This is a longitudinal analysis of 219 annual reports of 73 listed corporations in Australia which were subjected to carbon tax and report carbon emissions as per the CEA 2011 and NGER Act 20
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Nottage, Luke. "International Commercial Arbitration in Australia: What’s New and What’s Next?" Journal of International Arbitration 30, Issue 5 (October 1, 2013): 465–94. http://dx.doi.org/10.54648/joia2013031.

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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
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Warne, Rowena M., and Darryl N. Jones. "Evidence of target specificity in attacks by Australian magpies on humans." Wildlife Research 30, no. 3 (2003): 265. http://dx.doi.org/10.1071/wr01108.

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Although attacks on humans by Australian magpies (Gymnorhina tibicen) are a source of significant wildlife–human conflict in urban areas of Australia, little is known about the patterns of attack by these birds. Such information is essential for the development of sound management plans for this species. We examined the attack behaviour of 48 aggressive magpies from Brisbane during September–October 1999, paying particular attention to the types of intruders targeted. All attacking birds were male. A clear majority (71%) of birds attacked only one intruder type, with about half attacking pedes
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Best, Rohan, and Paul J. Burke. "Effects of renting on household energy expenditure: Evidence from Australia." Energy Policy 166 (July 2022): 113022. http://dx.doi.org/10.1016/j.enpol.2022.113022.

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Freckelton, Ian. "Child sexual abuse accommodation evidence: the travails of counterintuitive evidence in Australia and New Zealand." Behavioral Sciences & the Law 15, no. 3 (1997): 247–83. http://dx.doi.org/10.1002/(sici)1099-0798(199722/06)15:3<247::aid-bsl272>3.0.co;2-h.

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Nicol, Dianne, and John Liddicoat. "Do patents impede the provision of genetic tests in Australia?" Australian Health Review 37, no. 3 (2013): 281. http://dx.doi.org/10.1071/ah13029.

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Objective. Health policy and law reform agencies lack a sound evidence base of the impacts of patents on innovation and access to healthcare to assist them in their deliberations. This paper reports the results of a survey of managers of Australian genetic testing laboratories that asked a series of questions relating to the tests they perform, whether they pay to access patented inventions and whether they have received notifications from patent holders about patents associated with particular tests. Results. Some diagnostics facilities are exposed to patent costs, but they are all located in
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Wilkinson, Aoife. "Forfeiting Citizenship, Forfeiting Identity? Multiethnic and Multiracial Japanese Youth in Australia and the Japanese Nationality Law." New Voices in Japanese Studies 12 (August 17, 2020): 21–43. http://dx.doi.org/10.21159/nvjs.12.02.

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The rising fame of multiethnic and multiracial or ‘mixed’ celebrities in Japan, such as tennis player Naomi Osaka, has brought into focus the roles of Japan’s Nationality Law and understandings of nationality and citizenship in shaping identity. According to Article 14 of Japan’s Nationality Law, persons holding multiple nationalities must choose to forfeit all but one before the age of 22. In this article I aim to address how multiethnic and multiracial youths of Japanese descent in Australia are approaching the ambiguities surrounding their citizenship and nationality rights. To do so I will
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Dunn, Kevin Mark, Rosalie Atie, Michael Kennedy, Jan A. Ali, John O’Reilly, and Lindsay Rogerson. "Can you use community policing for counter terrorism? Evidence from NSW, Australia." Police Practice and Research 17, no. 3 (March 12, 2015): 196–211. http://dx.doi.org/10.1080/15614263.2015.1015126.

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Foreman, Phil, and Michael Arthur‐Kelly. "Social Justice Principles, the Law and Research, as Bases for Inclusion." Australasian Journal of Special Education 32, no. 1 (April 2008): 109–24. http://dx.doi.org/10.1017/s1030011200025793.

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Educational policies for students with a disability in Australia, the USA, the UK and in most western countries stipulate that inclusive placement should be an option available to parents. This article examines three principal drivers of inclusion: social justice principles, legislation, and research findings, and considers the extent to which each of these has impacted on inclusive policy and practice. The article considers the research base for inclusion, and examines the extent to which the policy and practice of inclusion is supported by evidence. It concludes with some suggestions for a r
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Smith, Andrew, Kim Heyes, Chris Fox, Jordan Harrison, Zsolt Kiss, and Andrew Bradbury. "The effectiveness of probation supervision towards reducing reoffending: A Rapid Evidence Assessment." Probation Journal 65, no. 4 (September 16, 2018): 407–28. http://dx.doi.org/10.1177/0264550518796275.

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In response to the lack of universal agreement about ‘What Works’ in probation supervision (Trotter, 2013) we undertook a Rapid Evidence Assessment of the empirical literature. Our analysis of research into the effect of probation supervision reducing reoffending included 13 studies, all of which employed robust research designs, originating in the USA, UK, Canada and Australia, published between 2006 and 2016. We describe the papers included in our review, and the meta-analyses of their findings. Overall, we found that the likelihood of reoffending was shown to be lower for offenders who had
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Dempsey, Gillian. "Socio-Legal Research and Insider Trading in Australia." Australian & New Zealand Journal of Criminology 29, no. 3 (December 1996): 265–75. http://dx.doi.org/10.1177/000486589602900304.

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Insider trading was the subject of extensive political debate from 1989 through to 1991, culminating in substantial amendments to the Corporations Law. The political climate for this legislative action was influenced by a high profile empirical study by Tomasic and Pentony asserting that insider trading was both widespread and harmful. This study is critically appraised with respect to a number of methodological issues and in particular, questions are raised as to whether the inferences drawn from the evidence are justifiable. Alternative methods for empirical research into the insider trading
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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.

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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 h
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Edmond, Gary. "Impartiality, efficiency or reliability? A critical response to expert evidence law and procedure in Australia." Australian Journal of Forensic Sciences 42, no. 2 (June 2010): 83–99. http://dx.doi.org/10.1080/00450610903258128.

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