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Journal articles on the topic 'Legislation – australia'

Author: Grafiati

Published: 29 July 2024

Last updated: 31 July 2025

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1

Lim, Ly Ly. "A Multicultural Act for Australia." Cosmopolitan Civil Societies: An Interdisciplinary Journal 10, no. 2 (2018): 47–66. http://dx.doi.org/10.5130/ccs.v10i2.5981.

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Multiculturalism as a public policy framework depends on states identifying cultural differences among their citizens as salient for resource allocation, political participation and human rights. The adoption of multiculturalism as a term and a framework signifies the recognition of a politics of difference within a liberal democratic framework of identities and aspirations. Yet the national government in Australia unlike any other country with espoused policies of multiculturalism has chosen to have neither human rights nor multicultural, legislation. This paper argues that multicultural soci

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2

Blay, Sam, and Julia Green. "The practicalities of domestic legislation to prohibit mining activity in Antarctica: a comment on the Australian perspective." Polar Record 30, no. 172 (1994): 23–32. http://dx.doi.org/10.1017/s0032247400021008.

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AbstractAfter its rejection of the Minerals Convention adopted by the Antarctic Treaty Consultative Parties (ATCPs) in 1988, Australia took a major step in its domestic law by enacting the Antarctic Mining Prohibition Act of 1991 (AMPA), to reinforce its general objection to mineral resource activities in Antarctica and its commitment to the protection ofthe Antarctic environment. With the adoption of the Protocol on Environmental Protectionto the Antarctic Treaty (the Madrid Protocol) – which required the parties to take steps to implement its provisions, including the enactment of domestic l

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Joseph, Sally-Ann. "Taxing Sovereign Wealth Funds: Looking to Singapore for Inspiration." Federal Law Review 45, no. 1 (2017): 17–38. http://dx.doi.org/10.1177/0067205x1704500102.

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The taxation of sovereign wealth funds is an important issue for governments as they are both investors and need to attract investment. Operating in global markets, how these funds are taxed can affect investment location decisions. In Australia there are currently no legislative provisions for these investments and issues of residency, applicability and terminology hamper the use of tax treaties. The basis of how sovereign wealth funds are taxed in Australia is administrative where tax exemptions are provided on the basis of private ruling applications. It is an inefficient and costly process

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4

Ryan, Christopher. "Australasian Psychiatry and Euthanasia." Australasian Psychiatry 4, no. 6 (1996): 307–8. http://dx.doi.org/10.3109/10398569609082072.

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In May 1995, the Northern Territory of Australia became the first legislative jurisdiction in the world to introduce legislation specifically sanctioning active voluntary euthanasia. Shortly after the introduction of the legislation many of Australia's political leaders announced that they would support similar legislation in their jurisdictions and there nave already been attempts to pass such legislation elsewhere in Australia and in New Zealand.

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McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.

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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in som

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Shahzad, Farhan. "P-092 INJURY MANAGEMENT PRACTICE IN AUSTRALIA AS AN OCCUPATIONAL PHYSICIAN." Occupational Medicine 74, Supplement_1 (2024): 0. http://dx.doi.org/10.1093/occmed/kqae023.0570.

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Abstract Introduction The proposed session is to discuss injury management consultation in Australia as legislation incorporated into the Workers’ Compensation system. Methods We will discuss the effect on Workers’ Compensation return-to-work timeframes and management outcomes. Discussion about the history and the progress of the Workers’ Compensation System in Australia. Discuss injury management consultation with Australian statistics. Comparative analysis of New South Sales and other states in Australia including Victoria, Australian Capital Territory, Queensland, Northern Territory, Wester

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Forsyth, Anthony. "Industrial legislation in Australia in 2016." Journal of Industrial Relations 59, no. 3 (2017): 323–39. http://dx.doi.org/10.1177/0022185617693876.

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After three years of trying, the Coalition Government finally succeeded in obtaining passage of several key workplace reform statutes in 2016. This followed the outcome of the federal election held on 2 July, delivering the Government a differently composed Senate and a new opportunity to secure support for its legislative program. This review article explains key aspects of the industrial legislation passed by federal Parliament in 2016, including statutes abolishing the specialist road transport industry tribunal, re-establishing the Howard-era regulator for the construction industry, and se

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8

Choo, Christine. "The Impact of Asian - Aboriginal Australian Contacts in Northern Australia." Asian and Pacific Migration Journal 3, no. 2-3 (1994): 295–310. http://dx.doi.org/10.1177/011719689400300218.

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The long history of Asian contact with Australian Aborigines began with the early links with seafarers, Makassan trepang gatherers and even Chinese contact, which occurred in northern Australia. Later contact through the pearling industry in the Northern Territory and Kimberley, Western Australia, involved Filipinos (Manilamen), Malays, Indonesians, Chinese and Japanese. Europeans on the coastal areas of northern Australia depended on the work of indentured Asians and local Aborigines for the development and success of these industries. The birth of the Australian Federation also marked the be

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Fahey, James, and Rosemary Lyster. "Geosequestration in Australia: Existing and Proposed Regulatory Mechanisms." Journal for European Environmental & Planning Law 4, no. 5 (2007): 378–92. http://dx.doi.org/10.1163/187601007x00316.

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AbstractGeosequestration1 involves the capture (from power stations and other facilities) and storage of carbon dioxide for very long periods of time in underground geological formations. This article is concerned with key legal and regulatory issues associated with establishing and operating geosequestration projects in Australia. It highlights the recent increased interest in, and raised profile of, using geosequestration as a greenhouse gas abatement measure in Australia. It reviews the cooperative efforts of the States, Territories and the Commonwealth to develop a nationally consistent re

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Abdo, Linda, Sandy Griffin, and Annabeth Kemp. "Apples for Oranges: Disparities in Offset Legislation and Policy among Jurisdictions and its Implications for Environmental Protection and Sustainable Development in Australia." Environmental Management and Sustainable Development 8, no. 1 (2019): 172. http://dx.doi.org/10.5296/emsd.v8i1.14081.

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As a signatory to Agenda 21, the Rio Declaration on Environment and Development, the 2030 Agenda for Sustainable Development (including the Sustainable Development Goals) and the Convention on Biological Diversity, Australia has an international obligation to ensure sustainable development. Biodiversity offsets are one tool used by Australian regulators to allow development to continue, whilst ensuring international obligations for sustainable development are met. In this study, legislation, policy and published guidelines for the Australian Commonwealth, states and territories were analysed t

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BARANOVSKA, LILIYA, and NATALIIA ZHURAVEL. "LEGISLATIVE SUPPORT FOR HIGHER EDUCATION IN AUSTRALIA." Comparative Professional Pedagogy 13, no. 1 (2023): 28–36. http://dx.doi.org/10.31891/2308-4081/2023-13(1)-4.

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The article examines and analyses legislative support of higher education in Australia and compares it with the educational legislation of Ukraine. It is defined that Australia is a federal country and its education legislation is provided by the National and State Governments. The national government develops the national education policy and substantiates its guiding principles. The federal government is responsible for funding higher education and provides additional funding to the states. State and territory governments control all aspects of education except universities. The laws in this

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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2017." Journal of Industrial Relations 60, no. 3 (2018): 378–96. http://dx.doi.org/10.1177/0022185618760088.

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This article examines key industrial legislation passed by federal Parliament in 2017. The main development in federal industrial legislation for this year, which passed with bipartisan support, saw a weakened Coalition Government (forced from its traditional industrial relations (IR) stance) act to improve protections for vulnerable workers. This initiative introduced extended liability provisions regulating franchisors and holding companies. However, these provisions are a narrow response to an economy-wide problem because they do not establish measures to better regulate supply chains, labo

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Rawling, Michael, and Eugene Schofield-Georgeson. "Industrial legislation in Australia in 2018." Journal of Industrial Relations 61, no. 3 (2019): 402–20. http://dx.doi.org/10.1177/0022185619834058.

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It has been a quiet year like last year for the passing of federal industrial legislation (due to a number of factors, including the political turmoil of the federal coalition government and their lack of an overall labour law reform agenda). This article examines key federal industrial legislative developments including the Modern Slavery Act 2018 (Cth). The article identifies that the federal Act contains much weaker compliance measures than the counterpart New South Wales legislation also passed in 2018 – the Modern Slavery Act 2018 (NSW). Also, although the Coalition government has attempt

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Stonebridge, Morgan, Di Evans, and Jane Kotzmann. "Sentience Matters: Analysing the Regulation of Calf-Roping in Australian Rodeos." Animals 12, no. 9 (2022): 1071. http://dx.doi.org/10.3390/ani12091071.

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Animal sentience is recognised either implicitly or explicitly in legislation in all Australian states and territories. In these jurisdictions, animal welfare legislation prohibits acts of cruelty towards animals because animals have the capacity to experience pain or suffering. This acknowledgement is supported by scientific research that demonstrates animal sentience, as well as public opinion. Despite these legal prohibitions, calf-roping, a common event at rodeos, is permitted in the majority of Australian jurisdictions. In recent times, calf-roping has generated significant public concern

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Garnett, Stephen T., Greg Williams, Gillian B. Ainsworth, and Michael O'Donnell. "Who owns feral camels? Implications for managers of land and resources in central Australia." Rangeland Journal 32, no. 1 (2010): 87. http://dx.doi.org/10.1071/rj09047.

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This paper reviews the legislation relating to ownership of feral camels in Australia. We find that, as a general proposition, a feral camel is owned by neither the landowner nor the Government (the Crown), unless State or Territory legislation provides otherwise. This occurs in two limited situations and only for New South Wales and South Australia. Relevant State and Territory legislation can prescribe that feral camels cannot be taken or used without a relevant licence or permit, but only Western Australia and Queensland appear to do this. Lack of legislative certainty about ownership of ca

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Garnett, Stephen T., Greg Williams, Gillian B. Ainsworth, and Michael O'Donnell. "Erratum to: Who owns feral camels? Implications for managers of land and resources in central Australia." Rangeland Journal 32, no. 2 (2010): 257. http://dx.doi.org/10.1071/rj09047_er.

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This paper reviews the legislation relating to ownership of feral camels in Australia. We find that, as a general proposition, a feral camel is owned by neither the landowner nor the Government (the Crown), unless State or Territory legislation provides otherwise. This occurs in two limited situations and only for New South Wales and South Australia. Relevant State and Territory legislation can prescribe that feral camels cannot be taken or used without a relevant licence or permit, but only Western Australia and Queensland appear to do this. Lack of legislative certainty about ownership of ca

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Bird, Ruth. "Legal Research and the Legal System in Australia." International Journal of Legal Information 28, no. 1 (2000): 70–92. http://dx.doi.org/10.1017/s073112650000888x.

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The law in Australia is derived from legislation passed in Australian parliaments, at Federal and State level, together with the English Common law tradition and the Australian Common Law which developed from the English Common Law.

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Purse, Kevin. "Workplace Health and Safety Deregulation in South Australia." Journal of Industrial Relations 41, no. 3 (1999): 468–84. http://dx.doi.org/10.1177/002218569904100307.

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In July 1998 the Soutb Australian goverment released a Discussion Paper concern ing the future of occupational bealth and safety regulation in South Australia. In examining the paradigm shift proposed in the Discussion Paper, this paper highlights the importance of workplace health and safety as public polig issues in Australia and seeks to locate the Discussion Paper within the broader context of deregulatory changes in the administration of occupational health and safety legislation that have occurred in South Australia in recent years. It identifies several fundamental flaws in the proposal

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Allan, T. R. S. "Ad Hominem Legislation in Australia." Cambridge Law Journal 56, no. 1 (1997): 4–6. http://dx.doi.org/10.1017/s0008197300017542.

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Accioly, Nicole Santos, Harry Alberto Bollmann, Robert Faggian, and Victor Sposito. "The Brazilian and Australian political-institutional scenario concerning water resources management." Revista de Gestão Ambiental e Sustentabilidade 14, no. 1 (2025): e25216. https://doi.org/10.5585/2025.25216.

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Aim: This research aims to analytically compare the functioning of the institutional procedures concerning water resources management in Brazil and Australia. Method: Through a literature review and document analysis, this paper presents a characterization of the Brazilian and Australian political-institutional water management scenarios based on both direct and indirect information sources. It then compares the institutional processes of these two countries using a SWOT matrix analysis, highlighting their strengths, weaknesses, opportunities, and threats. Novelty/Relevance: This research seek

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21

Hastings, Sam, and Kate Doust. "An Overview of Post-Legislative Scrutiny in Western Australia." Journal of Southeast Asian Human Rights 3, no. 2 (2019): 231. http://dx.doi.org/10.19184/jseahr.v3i2.13599.

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Twenty years ago, the House of Lords Select Committee into the Constitution focused attention back onto the concept of post-legislative scrutiny. Since then, a clear framework and momentum for systematic post-legislative scrutiny has developed which has enabled parliaments to strengthen their role in the legislative process. However, there is a dearth of academic research into post-legislative scrutiny in Australian jurisdictions. Currently, there is no clear picture of the extent of post-legislative scrutiny in Western Australia and the factors in support, and challenges in implementing, syst

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O'Connor, Margaret M., Roger W. Hunt, Julian Gardner, et al. "Documenting the process of developing the Victorian voluntary assisted dying legislation." Australian Health Review 42, no. 6 (2018): 621. http://dx.doi.org/10.1071/ah18172.

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Many countries across the world have legislated for their constituents to have control over their death. Commonalities and differences can be found in the regulations surrounding the shape and practices of voluntary assisted dying (VAD) and euthanasia, including an individual’s eligibility and access, role of health professions and the reporting. In Australia there have been perennial debates across the country to attempt legislative change in assisting a terminally ill person to control the ending of their life. In 2017, Victoria became the first state to successfully legislate for VAD. In de

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Esbati, Anahita, Margaret Barnes, Amanda Henderson, and Jane Taylor. "Legislation, policies and guidelines related to breastfeeding and the Baby Friendly Health Initiative in Australia: a document analysis." Australian Health Review 42, no. 1 (2018): 72. http://dx.doi.org/10.1071/ah16067.

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Objectives The aim of the present study was to assess the extent to which publicly available legislation, policy and guidelines related to breastfeeding and the Baby Friendly Health Initiative (BFHI) underpin and support the uptake and implementation of the BFHI in Australia. Methods Altheide’s document analysis model (sample, data collection, data organisation, data analysis and report) was used to source and analyse publicly available legislation, policies and guidelines in Australia that were related to breastfeeding and the BFHI at national, state and professional organisational levels. Re

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Bain, Alan. "Issues in the Integration of Regular and Special Education: An Australian Perspective." Australian Journal of Education 36, no. 1 (1992): 84–99. http://dx.doi.org/10.1177/000494419203600108.

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The purpose of this paper is to examine issues in the integration of Australian special education service delivery. Initiatives to combine regular and special education have become a focus of special education policy both in Australia and overseas in recent years. This trend will be examined from an Australian perspective. Problems associated with the implementation of integrated service delivery will be discussed and a rationale presented for the use of educational legislation as a basis for service delivery in an integrated system. The paper will also consider the viability of a legislative

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Maher, M., J. Nevill, and P. Nichols. "Achieving river integrity through natural resource management and integrated catchment management legislative frameworks." Water Science and Technology 45, no. 11 (2002): 127–31. http://dx.doi.org/10.2166/wst.2002.0387.

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This paper reports on a project which further refines a model legislative framework first identified in a Land and Water Australia project in 1999. This framework is benchmarked against legislative excerpts from within Australian jurisdictions, as well as the major policy initiatives of the Council of Australian Governments (COAG) water reform agenda, the Commonwealth's National Action Plan on Salinity and Water Quality, and others. The model framework has been heavily influenced by current thinking on ecological systems, good governance, and organisational management. Another important produc

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Duffy, Norman F. "The Genesis of Arbitration in Western Australia." Journal of Industrial Relations 28, no. 4 (1986): 545–63. http://dx.doi.org/10.1177/002218568602800405.

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The use of compulsory arbitration for the determination of the conditions of employment has a long history in Australia. This paper covers the events leading up to the introduction of legislation for conciliation and for the compulsory arbitration of industrial disputes in Western Australia. After two bruising strikes and the experience of successful voluntary arbitration, the union movement came to the view that compulsory arbitration would be to their advantage. The development of political links between the unions and some members of the Legislative Assembly, coupled with certain fortuitous

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Richardson, Ivor. "Simplicity in Legislative Drafting and Rewriting Tax Legislation." Victoria University of Wellington Law Review 43, no. 3 (2012): 517. http://dx.doi.org/10.26686/vuwlr.v43i3.5032.

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The search for simplicity in legislative drafting affects all legislatures. It is also central to the work of the New Zealand Law Commission and of governments in other comparable jurisdictions. Rather than exploring a range of statutes in various jurisdictions, this article focuses on income tax. It does so for two reasons. The first is that income tax has been crucial to the funding of government in common law jurisdictions and to achieving a legislative balance between simplicity and other criteria of an acceptable tax system. The second is that we can draw on three recent projects to rewri

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McGreevy, Paul, Sophie Masters, Leonie Richards, et al. "Identification of Microchip Implantation Events for Dogs and Cats in the VetCompass Australia Database." Animals 9, no. 7 (2019): 423. http://dx.doi.org/10.3390/ani9070423.

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In Australia, compulsory microchipping legislation requires that animals are microchipped before sale or prior to 3 months in the Australian Capital Territory, New South Wales, Queensland and Victoria, and by 6 months in Western Australia and Tasmania. Describing the implementation of microchipping in animals allows the data guardians to identify individual animals presenting to differing veterinary practices over their lifetimes, and to evaluate compliance with legislation. VetCompass Australia (VCA) collates electronic patient records from primary care veterinary practices into a database fo

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Harvey, Nick. "Energy Related Projects and Environmental Impact Legislation in South Australia." Energy & Environment 5, no. 4 (1994): 285–303. http://dx.doi.org/10.1177/0958305x9400500401.

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Australian projects designed for the production, distribution and use of energy are generally governed by specific legislation within individual States, mostly for the promotion and regulation of resource development. These projects are also subject to environmental protection provisions in Commonwealth and State legislation, in particular environmental impact assessment legislation, which has a much longer history than in Europe. This paper examines the application of the Commonwealth and the South Australian environmental impact assessment legislation to South Australian energy related proje

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Bosma, Shane. "The impact of recent shipping reforms on the offshore oil and gas industry in Australia." APPEA Journal 53, no. 1 (2013): 203. http://dx.doi.org/10.1071/aj12017.

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This peer-reviewed paper focuses on the impact of recent shipping reforms on the offshore oil and gas industry in Australia. These reforms are: the wholesale rewrite of the Navigation Act 1912 (Cth) by the Navigation Act 2012 (Cth), and the introduction of the Marine Safety (Domestic Commercial Vessels) Act 2012 (Cth); the registration of ships in Australia and the regulation of coastal trading in Australia; and, the regulation of marine pollution in Australia. The regulatory framework for offshore oil and gas facilities, and the interaction between the maritime legislation and the Offshore Pe

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Skead, Natalie, Tamara Tulich, Sarah Murray, and Hilde Tubex. "Reforming proceeds of crime legislation: Political reality or pipedream?" Alternative Law Journal 44, no. 3 (2019): 176–81. http://dx.doi.org/10.1177/1037969x19831100.

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In recent decades, Australian states and territories have introduced a raft of legislation aimed at stripping those involved in criminal activity of their ill-gotten gains. However, in doing so, this far-reaching legislation has the potential to undermine legal principles and protections. We recently completed a study into proceeds of crime legislation in Western Australia, New South Wales and Queensland. From our findings it is clear that Western Australia’s legislation is the most far-reaching and potentially the most inequitable. In this article, we provide a critique of Western Australia's

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McNamara, Philip. "Aboriginal Land Rights Legislation in Australia." Verfassung in Recht und Übersee 18, no. 4 (1985): 463–73. http://dx.doi.org/10.5771/0506-7286-1985-4-463.

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Schofield-Georgeson, Eugene, and Michael Rawling. "Industrial legislation in Australia in 2019." Journal of Industrial Relations 62, no. 3 (2020): 425–45. http://dx.doi.org/10.1177/0022185620911682.

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In this 2019 electoral year, a federal Morrison Liberal Government was returned to power with little in the way of an industrial agenda. It failed to implement its key legislation, which mainly included reform to union governance and changes to religious freedom in the workplace. Meanwhile, the state governments, particularly the Victorian Andrews Labor Government, reviewed a swathe of labour law, including wage theft, industrial manslaughter, owner–driver legislation and workers' compensation laws and implemented a host of progressive changes. This year has also seen the continuation of a key

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McCrystal, Shae, and Tashina Orchiston. "Industrial legislation in Australia in 2012." Journal of Industrial Relations 55, no. 3 (2013): 321–37. http://dx.doi.org/10.1177/0022185613480719.

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McCrystal, Shae. "Industrial legislation in Australia in 2013." Journal of Industrial Relations 56, no. 3 (2014): 331–44. http://dx.doi.org/10.1177/0022185614524314.

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Sutherland, Carolyn. "Industrial legislation in Australia in 2014." Journal of Industrial Relations 57, no. 3 (2015): 333–47. http://dx.doi.org/10.1177/0022185615571978.

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Forsyth, Anthony. "Industrial legislation in Australia in 2015." Journal of Industrial Relations 58, no. 3 (2016): 372–87. http://dx.doi.org/10.1177/0022185616636186.

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Barnett, Harvey. "Legislation‐based national security services: Australia." Intelligence and National Security 9, no. 2 (1994): 287–300. http://dx.doi.org/10.1080/02684529408432250.

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Goodin, M. "Clean indoor air legislation in Australia." Tobacco Control 4, no. 3 (1995): 294–95. http://dx.doi.org/10.1136/tc.4.3.294b.

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Kenyon, Georgina. "Assisted dying legislation in Victoria, Australia." Lancet Oncology 18, no. 1 (2017): e8. http://dx.doi.org/10.1016/s1470-2045(16)30657-x.

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Segal, Naomi. "Compulsory Arbitration and the Western Australian Gold-Mining Industry: A Re-Examination of the Inception of Compulsory Arbitration in Western Australia." International Review of Social History 47, no. 1 (2002): 59–100. http://dx.doi.org/10.1017/s0020859001000487.

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In 1900, Western Australia, a self-governing British colony, adopted compulsory conciliation and arbitration legislation, the first Australian colony to do so. This article focuses primarily on the roles the colonial state and capital played in the adoption of the legislation and proposes a broader, more complex explanation for the introduction of the legislation than current mainstream Western Australian historiography, which, mostly, constructed the event as an unproblematic regional labour triumph. This article argues that the legislation was passed to prevent disruption to gold mining, the

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Clarke, Tenille. "Legislation in Australia: Social Control or Education?" Australian Journal of Environmental Education 17 (2001): 115–17. http://dx.doi.org/10.1017/s0814062600002512.

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The primary function of legislation in Australia is that of an educative one rather than an enforcement role. An example of legislation the main function of which is to educate is the Occupational Health and Safety Act, 1985 (O.H.&S. Act). The main aim of the Act is to legislate for a safe work place, breaches of the Act can induce human suffering, therefore the Act is designed to prevent workplace accidents, not to prosecute.The O.H.&S. Act was introduced after a time of social change. The sixties and seventies were times of protest on matters concerning equality for women and for man

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Morton, Rochelle, and Alexandra L. Whittaker. "Understanding Subordinate Animal Welfare Legislation in Australia: Assembling the Regulations and Codes of Practice." Animals 12, no. 18 (2022): 2437. http://dx.doi.org/10.3390/ani12182437.

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The state-based approach to regulating animal welfare in Australia is thought to create national dis-uniformity in that each state and territory legislates and operates inconsistently. The animal welfare legal framework in each of the eight Australian jurisdictions is made up of a primary statute and subordinate legislation, where subordinate animal welfare legislation, in the forms of regulations and codes of practices, are lower-ranking laws that are given power under the jurisdiction’s specific animal welfare statute. Since a review of animal welfare statutes identified broad patterns betwe

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Kratzing, D. C., D. Moorefield, and P. Coghlan. "AUSTRALIA'S FIRST SAFETY CASE." APPEA Journal 34, no. 1 (1994): 133. http://dx.doi.org/10.1071/aj93012.

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Significant changes have occurred to the Australian offshore legislative approach to safety following the Piper Alpha disaster and the COSOP Report. Operators of new facilities are now required to demonstrate that they have addressed all of their safety obligations through the preparation of a Safety Case.This paper outlines the new legislative responsibilities and describes the preparation and assessment of the Design and Operational Safety Cases for the Wandoo Production Test. Their format and content are presented, and some of the benefits and difficulties associated with both the preparati

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Grantham, Ross. "To Whom Does Australian Corporate and Consumer Legislation Speak?" University of Queensland Law Journal 37, no. 1 (2020): 57–67. http://dx.doi.org/10.38127/uqlj.v37i1.4133.

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Is it feasible for regulation (and particularly legislation) effectively to communicate to the participants the rights, duties, processes, and procedures that embody the regulatory goals upon which they are meant to act. Looking at attempts in Australia to implement this regulatory strategy in the fields of corporate law andconsumer law, this article suggests that a more profound change would need to occur in the form and style of Australian legislation before such an approach is viable.

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Goldbarsht, Doron. "Who's the Legislator Anyway? How the Fatf's Global Norms Reshape Australian Counter Terrorist Financing Laws." Federal Law Review 45, no. 1 (2017): 127–51. http://dx.doi.org/10.1177/0067205x1704500106.

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This article focuses on the Australian implementation of the Financial Action Task Force (FATF) Recommendations, so-called ‘soft law’ instruments, which represent the international standards in Counter Terrorist Financing (CTF) but which force legislators to conform. The article will fill the gaps existing in the literature today by focusing on the origins and motives of broad CTF legislation in Australia, then detailing each of the FATF's CTF Recommendations and the ways in which they are implemented in Australia. This approach differs significantly from other literature in the field, which d

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Ouliaris, Calina, and Warren Kealy-Bateman. "Psychiatric advance directives in Australian mental-health legislation." Australasian Psychiatry 25, no. 6 (2017): 574–77. http://dx.doi.org/10.1177/1039856217726719.

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Objective: Following the recent widespread reform of mental-health legislation in Australia, psychiatric advance directives (PADs) have now been incorporated in four jurisdictions. We contextualise the potential role for PADs within the Australian legal framework and note their varying introduction across jurisdictions, with a focus on progressive legislation in the Australian Capital Territory (ACT). Conclusion: The formal recognition of PADs effectively shifts the trajectory of mental-health law towards a stronger recognition of consumer autonomy, albeit to varying degrees across jurisdictio

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Bennett, India. "Political Barriers to Reform: Analysing Australia’s Legitimation of Its Guardianship Framework." Journal of Refugee Studies 35, no. 1 (2021): 615–40. http://dx.doi.org/10.1093/jrs/feab108.

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Abstract The guardianship of unaccompanied asylum-seeker children is a contentious aspect of Australian asylum-seeker law and policy. The current legislative framework for guardianship is curtailed by migration legislation and policy and is ineffective for realizing the rights of these children under international law. This paper contributes to existing scholarship on guardianship by critically examining political discourse on child asylum seekers. It combines the discourse-historical approach with doctrinal analysis to uncover the historical and political context and outcomes of the legislati

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Kirkby, Kenneth C., and Scott Henderson. "Australia's mental health legislation." International Psychiatry 10, no. 2 (2013): 38–40. http://dx.doi.org/10.1192/s174936760000374x.

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Australia has a generally progressive approach to mental health law, reflective of international trends in human rights. Responsibility for most legislation is vested in the six States and two Territories, a total of eight jurisdictions, such that at any given time several new mental health acts are in preparation. In addition there is a model mental health act that promotes common standards. Transfer of orders between jurisdictions relies on Memoranda of Understanding between them, and is patchy. State and Territory legislation is generally cognisant of international treaty obligations, which

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Schmulow, Andrew. "Empowering Australian Financial Consumers through Plain English Legislative Drafting." International Review of Financial Consumers 9, no. 1 (2024): 43–57. https://doi.org/10.2478/irfc-2024-0004.

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ABSTRACT This paper addresses the legislative morass that has been observed in Australia, in which legislation for the protection of financial consumers is impenetrable, confusing, incoherently organised, spread over multiple pieces of legislation, contradictory, excessively lengthy, and drafted in a manner that obfuscates meaning and is inaccessible to the average (or indeed, sophisticated) consumer. It discusses how such legislation is antithetical to the principles of the rule of law. It provides evidence from other jurisdictions of the effective use of plain English drafting, as well as th

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