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Journal articles on the topic 'Right of Australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 29 January 2023

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1

Gray, Anthony. "The Right to Silence." New Criminal Law Review 16, no. 4 (2013): 527–67. http://dx.doi.org/10.1525/nclr.2013.16.4.527.

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In recent years, we have seen continued erosion of an individual’s right to silence. The most recent attempts in the author’s home country, Australia, include a current proposal to adopt the United Kingdom approach, and allow inferences to be drawn from a failure to answer questions at an early stage of investigation, in circumstances where later the person does provide an explanation. An attempt to protect the right to silence in Australia at constitutional level is challenging, because Australia is one of the few Western nations that has not seen fit to enact an express bill of rights. This

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2

Stamation, K., M. Watson, P. Moloney, C. Charlton, and J. Bannister. "Population estimate and rate of increase of southern right whales Eubalaena australis in southeastern Australia." Endangered Species Research 41 (April 30, 2020): 373–83. http://dx.doi.org/10.3354/esr01031.

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In Australian waters, southern right whales Eubalaena australis form 2 genetically distinct populations that have shown contrasting patterns of recovery since whaling ceased: a western population in South Australia and Western Australia and an eastern population in southeastern Australia (Tasmania, Victoria and New South Wales). Here, we provide an abundance estimate derived from a breeding female superpopulation mark-recapture model for the southeastern southern right whale population. The population comprises 268 individuals (68 breeding females) and has increased at a rate of 4.7% per annum

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3

HARRIGAN, P. "Australia: Right to die." Lancet 341, no. 8856 (May 1993): 1338. http://dx.doi.org/10.1016/0140-6736(93)90836-6.

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4

McCutcheon, Jani. "The Honour of the Dead – the Moral Right of Integrity Post-Mortem." Federal Law Review 42, no. 3 (September 2014): 485–518. http://dx.doi.org/10.22145/flr.42.3.3.

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Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed that debate and confers post-mortem moral rights on authors, which endure for at least 70 years after an author's death. The Australian moral right of integrity protects authors from certain conduct in relation to their copyright works, which is prejudicial to their honour or reputation. This deliberate conferral of a posthumous right ostensibly acknowledges that a deceased author's honour can be harm

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5

Hanemann, Michael, and Michael Young. "Water rights reform and water marketing: Australia vs the US West." Oxford Review of Economic Policy 36, no. 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.

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Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority i

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6

Flannery, Belinda J., Susan E. Watt, and Nicola S. Schutte. "Looking Out For (White) Australia." International Perspectives in Psychology 10, no. 2 (April 2021): 74–91. http://dx.doi.org/10.1027/2157-3891/a000008.

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Abstract. We conceptualized and developed a measure of right-wing protective popular nationalism (RWPPN) – a specific form of popular nationalism where people seek to protect the national culture from outgroup influences. RWPPN is derived from a sociological analysis of right-wing popular nationalism in Australia and is theoretically related to several key psychological constructs, including right-wing authoritarianism (RWA), social dominance orientation (SDO), and symbolic threat. We conducted two surveys using nationally representative samples of Australian citizens. In study 1 ( n = 657), p

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7

Bunn, Anna. "Children and the ‘Right to be Forgotten’: what the right to erasure means for European children, and why Australian children should be afforded a similar right." Media International Australia 170, no. 1 (February 2019): 37–46. http://dx.doi.org/10.1177/1329878x19848503.

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This article provides an overview of the right to erasure, or the right to be forgotten, in the General Data Protection Regulation (GDPR) and how it is likely to impact on children. It contrasts the position of Australian children and their European counterparts. The article considers the benefits for children of a right to erasure, as well as some of its limitations, and recommends that Australia should introduce such a right.

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8

Gronow, Alexandra. "Identifying victims of sexual harassment in the age of #MeToo: Time for the media to prioritise a victim’s right to privacy." Alternative Law Journal 46, no. 2 (March 25, 2021): 120–27. http://dx.doi.org/10.1177/1037969x211003681.

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This article explores the practice of the media to unreasonably intrude on victims' privacy in Australia by reference to three women whose sexual harassment grievances were published by the media without their consent. This article argues that the protection of a victim’s privacy is a fundamental human right which should trump competing public interest considerations in the Australian context. In the absence of an established tort of privacy or bill or charter of human rights in Australia, the media must apply ethical journalism standards and abstain from identifying victims of sexual harassme

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9

Sainsbury, Maree. "What's it Got to Do with Morality? Moral Rights: An Historic and Contemporary Perspective." Media International Australia 114, no. 1 (February 2005): 61–70. http://dx.doi.org/10.1177/1329878x0511400108.

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Australia introduced moral rights legislation in December 2000, giving effect to a doctrine that originated in civil law jurisdictions in the eighteenth century. The rights given effect to in Australia are the right of integrity, which allows the author to prevent derogatory treatment of their work, and the right of attribution, which mandates attribution of the author when the work is reproduced, published or otherwise communicated to the public. There is also the right to prevent false attribution of authorship. This article looks at the historical development of moral rights and examines wh

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10

Malcolmson, Don. "The Patient's Right to Know." Journal of Medical Regulation 101, no. 3 (September 1, 2015): 32–36. http://dx.doi.org/10.30770/2572-1852-101.3.32.

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Patient's expectations have changed from being an acceptor of doctors' orders to being an active partner in a therapeutic relationship. In Australia, General Practitioners (GPs) are the “gatekeepers” for specialists' referrals. The Australian Health Practitioner Regulation Agency (AHPRA) maintains an online searchable register of doctors. Details displayed include registration conditions, undertakings and reprimands. Doctors who practice privately in Australia are regarded as carrying on a business covered by consumer protection legislation. Australian Consumer Law (ACL) prohibits false or mis

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11

Paisley, Fiona. "Citizens of their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s." Feminist Review 58, no. 1 (February 1998): 66–84. http://dx.doi.org/10.1080/014177898339596.

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Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as a usurped people and the need to over

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12

Briggs, Chris. "Lockout Law in Australia." Journal of Industrial Relations 49, no. 2 (April 2007): 167–85. http://dx.doi.org/10.1177/00221856070490020301.

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Should Australian lockout law be reformed? Lockouts in Australia are legally the formal equal of strikes and the legal treatment of lockouts is the most `de-regulated' in the OECD. The notion that strikes and lockouts should be treated equally is intuitively appealing. However, other OECD nations have rejected an equal right to strike and lockout, reserving lockouts for exceptional circumstances where employers suffer from an imbalance of bargaining power so as to reconcile lockouts with other legal principles such as freedom of association and the right to strike. Australian employers, it wil

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13

Marx, Felix G., Travis Park, Erich M. G. Fitzgerald, and Alistair R. Evans. "A Miocene pygmy right whale fossil from Australia." PeerJ 6 (June 22, 2018): e5025. http://dx.doi.org/10.7717/peerj.5025.

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Neobalaenines are an enigmatic group of baleen whales represented today by a single living species: the pygmy right whale, Caperea marginata, found only in the Southern Hemisphere. Molecular divergence estimates date the origin of pygmy right whales to 22–26 Ma, yet so far there are only three confirmed fossil occurrences. Here, we describe an isolated periotic from the latest Miocene of Victoria (Australia). The new fossil shows all the hallmarks of Caperea, making it the second-oldest described neobalaenine, and the oldest record of the genus. Overall, the new specimen resembles C. marginata

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14

Spinks, Jean M., and Jeff R. J. Richardson. "Paying the right price for pharmaceuticals: a case study of why the comparator matters." Australian Health Review 35, no. 3 (2011): 267. http://dx.doi.org/10.1071/ah10930.

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This article considers the pricing policy for pharmaceuticals in Australia, which is widely seen as having achieved low drug prices. However, compared to New Zealand, the evidence implies that Australia might have improved its performance significantly if it had proactively sought market best pricing. The Australian record suggests that the information sought by authorities may not be sufficient for optimal pricing and that the economic evaluation of pharmaceuticals may be neither necessary nor sufficient for achieving this goal. What is known about the topic? Pharmaceutical expenditures vary

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15

Tovey, Jane Patricia. "Whose rights and who's right? Valuing ecosystem services in Victoria, Australia." Landscape Research 33, no. 2 (April 2008): 197–209. http://dx.doi.org/10.1080/01426390801908426.

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16

Fitzgerald, Justice Tony. "Telling the Truth, Laughing." Media International Australia 92, no. 1 (August 1999): 11–18. http://dx.doi.org/10.1177/1329878x9909200104.

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This paper centres on three themes: the lack of a constitutional bill of rights in Australia, especially a right to freedom of speech; the suitability of the judiciary to arbitrate social values; and the importance of public humour, and its relations to Australian defamation law. These themes are illustrated by a discussion of the Queensland Court of Appeal's recent finding that Ms Pauline Hanson was defamed on the ABC by Ms Pauline Pantsdown.

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17

Willcocks, R. M. "COMMERCIAL ASPECTS OF UNDERGROUND GAS STORAGE IN AUSTRALIA." APPEA Journal 27, no. 1 (1987): 28. http://dx.doi.org/10.1071/aj86003.

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Underground gas storage is becoming increasingly important in Australia with the discovery of significant gas reserves, mostly in places distant from the expanding markets for gas.Gas has been stored in the offshore Barracouta Field since 1971 and storage projects are either being considered or underway in New South Wales, South Australia, Western Australia and the Northern Territory.Although not a great deal of attention has been paid to the legal, tax and administrative aspects of underground gas storage, the position is likely to change the more it becomes apparent that such storage is comm

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18

Flood, Josephine. "Culture in Early Aboriginal Australia." Cambridge Archaeological Journal 6, no. 1 (April 1996): 3–36. http://dx.doi.org/10.1017/s095977430000158x.

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On the basis of recent archaeological evidence it seems that humans first entered the Australian continent about 60,000 years ago. These first ocean-going mariners had a high level of technological and economic skill, and had spread right across Australia into a wide variety of environments by about 35,000 years ago. Pigment showing clear signs of use occurs in almost all Australia's oldest known occupation sites, and evidence of self-awareness such as necklaces and beads has been found in several Pleistocene rock shelters. Rituals were carried out in connection with disposal of the dead, for

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19

Villaroman, Noel G. "Architectural Design Controls on Places of Worship in Australia: State Encroachment on Religious Expression and Exercise." Religion and Human Rights 9, no. 1 (March 14, 2014): 60–92. http://dx.doi.org/10.1163/18710328-12341262.

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Abstract This article analyses the ramifications to the right to religious freedom when the design of proposed places of worship is subjected to architectural design controls imposed by Australian planning authorities. First, such design controls can impinge on the freedom of religious expression—that is, the ability of religious communities to express their beliefs through their built structures. Such expression of beliefs may be vital to their prescribed manner of worship, observance, practice or teaching. Second, they can pose a physical obstacle to a religious group’s freedom of religious

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20

Skinner, Natalie, and Barbara Pocock. "Flexibility and Work-Life Interference in Australia." Journal of Industrial Relations 53, no. 1 (February 2011): 65–82. http://dx.doi.org/10.1177/0022185610390297.

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This contribution examines the relationship between flexibility and work—life interference. It analyses requests for flexibility in Australia just prior to the enactment of a new ‘right to request’ such flexibility, utilizing a large employee survey that shows that around a fifth of employees requested flexibility, most requests were agreed, and work—life outcomes were much better amongst those whose requests were fully agreed. Women were twice as likely as men to have sought flexibility, with one in two mothers of preschoolers, one in three mothers of children under 16 and a quarter of women

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21

Nyland, Chris, Elizabeth Ann Maharaj, and Anne O'Rourke. "Australia/US/China Preferential Trade Negotiations: Building Alliances and Realizing Workers' Rights to a `Voice at the Table'." Journal of Industrial Relations 49, no. 5 (November 2007): 647–72. http://dx.doi.org/10.1177/0022185607082213.

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When the Australian and Chinese governments announced their intention to negotiate a bilateral trade agreement this news generated apprehension among employee bodies. This was because many workers believe China's competitiveness is underpinned by its government's refusal to allow China's workers to realize basic labour rights and because Australian labour and the wider community has been unable to participate in the debate surrounding the proposed agreement. The latter concern is the focus of this article. We accept organized labour has a right to `sit at the table' when trade policy is being

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22

Watson, Mandy, Kasey Stamation, and Claire Charlton. "Calving rates, long-range movements and site fidelity of southern right whales (Eubalaena australis) in south-eastern Australia." J. Cetacean Res. Manage. 22, no. 1 (July 1, 2021): 17–28. http://dx.doi.org/10.47536/jcrm.v22i1.210.

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Within New Zealand and eastern Australia, over 58,000 southern right whales were harvested by commercial whalers between 1790 and 1980, with approximately 19,000 harvested from south-eastern Australia. Local extirpation is believed to have led to a loss of cultural memory of calving areas, contributing to the limited recovery of the south-eastern Australian population. While the number of whales observed using the south-eastern Australian coastline is increasing, there has been no change over three decades in the annual abundance of cow-calf pairs at Logans Beach in Warrnambool, Victoria, the

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23

Harris, Bede. "Human Rights and the Same-Sex Marriage Debate in Australia." Journal of Politics and Law 10, no. 4 (August 30, 2017): 60. http://dx.doi.org/10.5539/jpl.v10n4p60.

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Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case

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24

Beilharz, Peter, and Andrew Moore. "The Right Road? A History of Right-wing Politics in Australia." Labour History, no. 70 (1996): 221. http://dx.doi.org/10.2307/27516423.

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25

Tully, Stephen. "Sex, Slavery and the High Court of Australia: The Contribution of R v. Tang to International Jurisprudence." International Criminal Law Review 10, no. 3 (2010): 403–23. http://dx.doi.org/10.1163/157181210x507886.

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AbstractThe judgment of the High Court of Australia in R v. Tang is a significant contribution to jurisprudence on the definition of slavery under international law. This case considered whether the intention of the perpetrator was a necessary element for the prosecution of that offence under Australian law. The High Court also preserved the conceptual integrity of slavery, evaluated the decisions in Kunarac and Siliadin, identified the powers attaching to the right of ownership as that expression appears in the 1926 and 1956 Slavery Conventions and employed a human rights orientation to conte

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26

Mackinlay, Elizabeth, and Katelyn Barney. "Introduction." Australian Journal of Indigenous Education 41, no. 1 (August 2012): 1–9. http://dx.doi.org/10.1017/jie.2012.2.

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Indigenous Australian studies, also called Aboriginal and Torres Strait Islander studies, is an expanding discipline in universities across Australia (Nakata, 2004). As a discipline in its own right, Indigenous Australian studies plays an important role in teaching students about Australia's colonial history and benefits both non-Indigenous and Indigenous students by teaching them about Australia's rich and shared cultural heritage (Craven, 1999, pp. 23–25). Such teaching and learning seeks to actively discuss and deconstruct historical and contemporary entanglements between Indigenous and non

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27

Wyburn, Mary. "The New Resale Royalty Right in Australia." International Journal of the Arts in Society: Annual Review 5, no. 1 (2010): 77–88. http://dx.doi.org/10.18848/1833-1866/cgp/v05i01/35798.

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28

Vella, H. "Dig deep to do right [Australia - mining]." Engineering & Technology 16, no. 11 (December 1, 2021): 58–60. http://dx.doi.org/10.1049/et.2021.1102.

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29

Hemmings, John. "China Matters: Getting it Right for Australia." RUSI Journal 162, no. 3 (May 4, 2017): 112–13. http://dx.doi.org/10.1080/03071847.2017.1359392.

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30

Evans, Kylie, Brien Holden, and Carley Nicholls. "Vision 2020: The Right to Sight–Australia." New South Wales Public Health Bulletin 12, no. 1 (2001): 14. http://dx.doi.org/10.1071/nb01006.

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31

Devereux, Annemarie. "Australia and the Right to Adequate Housing." Federal Law Review 20, no. 2 (June 1991): 223–39. http://dx.doi.org/10.1177/0067205x9102000203.

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32

Moore, Andrew. "Writing about the Extreme Right in Australia." Labour History, no. 89 (2005): 1. http://dx.doi.org/10.2307/27516072.

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33

Grimshaw, Patricia. "Comparative Perspectives on White and Indigenous Women's Political Citizenship in Queensland: The 1905 Act to Amend the Elections Acts, 1885 to 1899." Queensland Review 12, no. 2 (November 2005): 9–22. http://dx.doi.org/10.1017/s1321816600004062.

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The centenary of the passage in early 1905 of the Act to Amend the Elections Acts, 1885 to 1899, which extended the right to vote to white women in Queensland, marks a moment of great importance in the political and social history of Australia. The high ground of the history of women's suffrage in Australia is undoubtedly the passage of the 1902 Commonwealth Franchise Act that gave all white women in Australia political citizenship: the right to vote and to stand for parliamentary office at the federal level. Obviously this attracted the most attention internationally, given that it placed Aus

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34

Harris, Paul, Asiyeh Salehi, Elizabeth Kendall, Jennifer Whitty, Andrew Wilson, and Paul Scuffham. "“She’ll be right, mate!”: do Australians take their health for granted?" Journal of Primary Health Care 12, no. 3 (2020): 277. http://dx.doi.org/10.1071/hc20025.

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ABSTRACT INTRODUCTIONHealth consciousness highlights the readiness of individuals to undertake health actions and take responsibility for their health and the health of others. AIMTo examine the health consciousness of Australians and its association with health status, health-care utilisation and sociodemographic factors. METHODSThis quantitative cross-sectional study was a part of a larger project aiming to engage the general public in health-care decision-making. Adults from Queensland and South Australia (n=1529) were recruited to participate by a panel company. The questionnaire included

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35

Wood, Natalie T., and Caroline Lego Muñoz. "‘No Rules, Just Right’ or is it? The Role of Themed Restaurants as Cultural Ambassadors." Tourism and Hospitality Research 7, no. 3-4 (September 2007): 242–55. http://dx.doi.org/10.1057/palgrave.thr.6050047.

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After mass media, ethnic-themed restaurants are possibly the second most influential socialising agents of foreign cultures. Whereas the media often depicts foreign cultures in a stereotypical manner, the opportunity exists in the hospitality field to offer consumers a more detailed and accurate insight into a culture. Yet, is this what consumers really want? This paper addresses an important question: How do spaces of consumption affect the perception and representation of ‘authentic’ culture? To explore this, a four-stage, cross-cultural (ie Australia and United States) qualitative study was

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Robinson, Suzanne, Richard Varhol, Colin Bell, Frances Quirk, and Learne Durrington. "HealthPathways: creating a pathway for health systems reform." Australian Health Review 39, no. 1 (2015): 9. http://dx.doi.org/10.1071/ah14155.

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Inefficiencies in the co-ordination and integration of primary and secondary care services in Australia, have led to increases in waiting times, unnecessary presentations to emergency departments and issues around poor discharge of patients. HealthPathways is a program developed in Canterbury, New Zealand, that builds relationships between General Practitioners and Specialists and uses information technology so that efficiency is maximised and the right patient is given the right care at the right time. Healthpathways is being implemented by a number of Medicare Locals across Australia however

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37

Mills, Richard. "John Howard, weapons of mass destruction and the public’s right to know." Pacific Journalism Review : Te Koakoa 14, no. 2 (September 1, 2008): 37–48. http://dx.doi.org/10.24135/pjr.v14i2.943.

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In March 2003, Australia went to war in Iraq to find and remove Saddam Hussein’s weapons of mass destruction (WMD). None were found. An Australian Parliamentary Committee concluded: The case made by the government was that Iraq possessed WMD on large quantities and posed a grave and unacceptable threat to the region and the world, particularly as there was a danger that Iraq's WMD might be passed to terrorist organisations. This is not the picture that emerges from an examination of the assessments provided to the Commmittee by the Australian Office of National Assessments (ONA) and the Defenc

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Poynting, Scott, and Linda Briskman. "Islamophobia in Australia: From Far-Right Deplorables to Respectable Liberals." Social Sciences 7, no. 11 (October 30, 2018): 213. http://dx.doi.org/10.3390/socsci7110213.

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In Australia since about the turn of the millennium, discrimination against Muslims has been increasingly normalized, made respectable, and presented as prudent precaution against violent extremism. Vilification of Muslims has posed as defending ‘Australian values’ against those who will not integrate. Liberal political leaders and press leader-writers who formerly espoused cultural pluralism now routinely hold up as inimical the Muslim folk devil by whose otherness the boundaries of acceptability of the national culture may be marked out and policed. The Muslim Other is positioned not only as

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Dean, Geoff, Peter Bell, and Zarina Vakhitova. "Right-wing extremism in Australia: the rise of the new radical right." Journal of Policing, Intelligence and Counter Terrorism 11, no. 2 (July 2, 2016): 121–42. http://dx.doi.org/10.1080/18335330.2016.1231414.

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40

Barda, David. "Class actions: The flood that never came." Alternative Law Journal 43, no. 3 (August 16, 2018): 171–76. http://dx.doi.org/10.1177/1037969x18787549.

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After 25 years of class actions in Australia, it is worth reviewing whether the predictions made – that part IVA of the Federal Court of Australia Act 1976 would result in an Americanised litigious culture and a flood of spurious claims – came to pass. This article argues that the flood was more of a trickle and that Australia's unique combination of cost shifting rules, contingency fees and judicial supervision have mitigated against the deluge. It takes the position that Australia has struck the right balance between access to justice and protection against vexatious or unmeritorious claims.

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Jonathan, Foster, Lum Carmel, and Williams Kerry. "Neuropsychology in Australia: A multidimensional perspective." Neuropsychologist 1, no. 8 (October 2019): 72–81. http://dx.doi.org/10.53841/bpsneur.2019.1.8.72.

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This paper reviews neuropsychology in a,nother major English speaking country, Australia,. It is written from a multidimensional perspective by an international multiethnic team that has trained and worked in neuropsychology in the UK, Canada and the US, as well as in Australia itself. In addition to reviewing training and practice in neuropsychology, the focus is on the development and application of the discipline 'down under' within a broader historical and cultural context. For many years, Australian neuropsychology was strongly influenced by its connections to the UK (e.g. via explicit li

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Hokari, Minoru. "Globalising Aboriginal Reconciliation: Indigenous Australians and Asian (Japanese) Migrants." Cultural Studies Review 9, no. 2 (September 13, 2013): 84–101. http://dx.doi.org/10.5130/csr.v9i2.3565.

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Over the last few years, I have attended several political meetings concerned with the refugee crisis, multiculturalism or Indigenous rights in Australia, meetings at which liberal democratic–minded ‘left-wing’ people came together to discuss, or agitate for change in, governmental policies. At these meetings, I always found it difficult to accept the slogans on their placards and in their speeches: ‘Shame Australia! Reconciliation for a united Australia’, ‘Wake up Australia! We welcome refugees!’ or ‘True Australians are tolerant! Let’s celebrate multicultural Australia!’ My uncomfortable fee

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43

Liebherr, James K., and Kipling W. Will. "Antisymmetric male genitalia in Western Australian populations of Mecyclothorax punctipennis (Coleoptera: Carabidae: Moriomorphini)." Insect Systematics & Evolution 46, no. 4 (September 23, 2015): 393–409. http://dx.doi.org/10.1163/1876312x-45042124.

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Western Australian populations of Mecyclothorax punctipennis (MacLeay) exhibit chiral polymorphism for male genitalic asymmetry. The plesiomorphic genitalic enantiomorph, wherein the male aedeagal median lobe is left side superior when retracted in the abdomen, is rotated 180° to a right side superior position in 23% of males from Western Australia. Conversely, population samples from eastern Australia are monomorphic for the plesiomorphic left side superior condition. Western Australian population samples are significantly heterogeneous for the percentages of chirally reversed males, with rig

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McCrystal, Shae. "The Right to Strike and the "Deadweight" of the Common Law." Victoria University of Wellington Law Review 50, no. 2 (September 2, 2019): 281. http://dx.doi.org/10.26686/vuwlr.v50i2.5746.

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The hostility of the common law in respect of collective action by workers in the form of strikes is notorious. To provide workers with a right to strike, legislative intervention is necessary. In New Zealand and Australia, legislative enactment of the right to strike has taken the form of the "immunity approach" whereby strike action which meets the prerequisites for protection under the relevant statute receives immunity from common law action, while that which does not remains subject to potential liability at common law.This article analyses the adoption of the immunity approach in Austral

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Pitt-Walker, Stephen. "Apologies and the Legacy of an Unlawful Application of Terra Nullius in Terra Australis." Denning Law Journal 32, no. 1 (March 31, 2021): 177–90. http://dx.doi.org/10.5750/dlj.v32i1.1922.

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The use of the legal fiction, terra nullius, as it was erroneously applied to Terra Australis, Australia, as a legal doctrine, supported the British colonial power’s right to settle that territory. Since then, many unspoken (as well as acknowledged) acts of structural and direct violence have been perpetrated against the First Nations population in Australia via the imposition, and later ‘reception’, of the legal system and laws of England, as well as the dominant socio-political system, that represented the British Crown.

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46

Banner, Stuart. "Why Terra Nullius? Anthropology and Property Law in Early Australia." Law and History Review 23, no. 1 (2005): 95–131. http://dx.doi.org/10.1017/s0738248000000067.

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The British treated Australia as terra nullius—as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992.

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Ernawati, Ninin. "The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (August 2019): 340–60. http://dx.doi.org/10.22304/pjih.v6n2.a7.

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The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to prot

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48

Ernawati, Ninin. "The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, no. 02 (August 2019): 340–60. http://dx.doi.org/10.22304/pjih.v6n2.a7.

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Abstract:

The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to prot

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MacDermott, Therese, and Joellen Riley. "Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia." Journal of Industrial Relations 53, no. 5 (November 2011): 718–32. http://dx.doi.org/10.1177/0022185611419625.

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This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A br

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Manin, Iaroslav. "Legal regime of subsoil use in Australia." Административное и муниципальное право, no. 2 (February 2021): 54–68. http://dx.doi.org/10.7256/2454-0595.2021.2.34270.

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The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of

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