Download or read book Australian Superannuation Legislation 2011 written by and published by CCH Australia Limited. This book was released on 2011 with total page 2577 pages. Available in PDF, EPUB and Kindle. Book excerpt: Consolidated to 1 January 2011, this key title encapsulates all relevant laws on superannuation regulation, taxation and administration in one handy volume.

Download or read book The Legal Protection of Rights in Australia written by Matthew Groves and published by Bloomsbury Publishing. This book was released on 2019-11-14 with total page 645 pages. Available in PDF, EPUB and Kindle. Book excerpt: How do you protect rights without a Bill of Rights? Australia does not have a national bill or charter of rights and looks further away than ever from adopting one. But it does have a range of individual elements sourced from common law, statute and the Constitution which, though unsystematic, do provide Australians with some meaningful rights protection. This book outlines and explains the unique human rights journey of Australia. It moves beyond the criticisms long made of the Australian position – that its 'formalism', 'legalism' and 'exceptionalism' compromise its capacity for rights protection – to consider how the many elements of its novel legal structure operate. This book analyses the interlocking legal framework for the protection of rights in Australia. A key theme of the book is that the many different elements of a fragmented scheme can add up to something significant, albeit with significant gaps and flaws like any other legal rights protection framework. It shows how the jumbled influences of a common law heritage, a written constitution, differing paths taken by jurisdictions within a single federal state, statutory and common law innovations and a strong dose of comparative legal influences have led to the unique patchwork of rights protection in Australia. It will provide valuable reading for all those researching in human rights, constitutional and comparative law.

Download or read book Advance Metadata Fair written by Stanley Shanapinda and published by Springer Nature. This book was released on 2020-08-30 with total page 231 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book outlines the legal powers of a major Western nation – Australia – to collect and use location information. Mobile service and social media service providers now have the ability to track, record and store more precise location information. Unlike 4G, 5G mobile communications require that cell towers and antennas be in much closer proximity; as a result, the location data can reveal more personal and sensitive information about individual citizens. Despite this aspect, service providers are required to disclose the data to the authorities, without the need for a judicial warrant. This book was written from the perspective of big location data software analytics, a capability that makes it possible to combine various location data points to create a profile on a given individual’s movements, habits, and political, religious and ideological orientation. In this regard, privacy is poorly protected. The rationale used to justify the powers was enforcing serious crimes – terrorism offences. Location data can now be retained for at least two years and be collected to investigate even minor offences. This can be done without the person being reasonably suspected of a criminal offence – when the individual is simply determined to be a person of interest. This poses legal risks to vulnerable communities. And yet, such investigative techniques are deemed lawful and reasonable. At a time when national security is so broadly defined to include economic issues, which in turn overlap with climate change and environmental protection, these legal powers should be reassessed. The book clarifies the complex rules that every citizen must know in order to have agency. Further, it calls upon authorities to reflect and to self-regulate, by making the conscious decision to surrender some of their powers to review by the independent judiciary. Without the requirement for a judicial warrant or judicial review, the powers are unfairly broad. The book pursues an interdisciplinary approach to assess the functionality of mobile telecommunications in direct relation to law enforcement powers and existing judicial precedents. Further, it offers a unifying techno-legal perspective on a complex issue touching on modern privacy law and communications technologies.

Download or read book Government Accountability Sources and Materials written by Judith Bannister and published by Cambridge University Press. This book was released on 2023-06-30 with total page 499 pages. Available in PDF, EPUB and Kindle. Book excerpt: Government Accountability Sources and Materials: Australian Administrative Law is designed to accompany the third edition of the textbook Government Accountability: Australian Administrative Law. Following the accessible structure of Government Accountability, this book guides students through the real-world operation of administrative law and demonstrates how multiple doctrines and mechanisms can interact in a single situation. Extracts from primary materials – including cases and legislation – provide a clear account of the facts, issues and statutory provisions considered by the courts, and are accompanied by relevant commentary. This edition has been thoroughly updated to include recent significant cases such as Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Viane (2021), Hocking v Director-General of the National Archives of Australia (2020) and MZAPC v Minister for Immigration and Border Protection (2021). Written by a team of experts, Government Accountability Sources and Materials: Australian Administrative Law is a fundamental and student-friendly introduction to administrative law in practice.

Download or read book Taking Law Seriously written by James Goudkamp and published by Bloomsbury Publishing. This book was released on 2022-01-27 with total page 427 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book celebrates the scholarship of Peter Cane. The significance and scale of his contributions to the discipline of law over the last half-century cannot be overstated. In an era of increasing specialisation, Cane stands out on account of the unusually broad scope of his interests, which extend to both private and public law in equal measure. This substantive breadth is combined with remarkable doctrinal, historical, comparative and theoretical depth. This book is written by admirers of Cane's work, and the essays probe a wide range of issues, especially in administrative law and tort law. Consistently with the international prominence that Cane's research has enjoyed, the contributors are drawn from across the common law world. The volume will be of value to anyone who is interested in Cane's towering contributions to legal scholarship and administrative law and tort law more generally.

Download or read book Government Accountability Australian Administrative Law written by Judith Bannister and published by Cambridge University Press. This book was released on 2018-10-23 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.

Download or read book Sports Law in Australia written by Andy Gibson and published by Kluwer Law International B.V.. This book was released on 2024-09-17 with total page 229 pages. Available in PDF, EPUB and Kindle. Book excerpt: Derived from the renowned multi-volume International Encyclopaedia of Laws, this practical analysis of sports law in Australia deals with the regulation of sports activity by both public authorities and private sports organizations. The growing internationalization of sports inevitably increases the weight of global regulation, yet each country maintains its own distinct regime of sports law and its own national and local sports organizations. Sports law at a national or organizational level thus gains a growing relevance in comparative law. The book describes and discusses both state-created rules and autonomous self-regulation regarding the variety of economic, social, commercial, cultural, and political aspects of sports activities. Self- regulation manifests itself in the form of by-laws, and encompasses organizational provisions, disciplinary rules, and rules of play. However, the trend towards more professionalism in sports and the growing economic, social and cultural relevance of sports have prompted an increasing reliance on legal rules adopted by public authorities. This form of regulation appears in a variety of legal areas, including criminal law, labour law, commercial law, tax law, competition law, and tort law, and may vary following a particular type or sector of sport. It is in this dual and overlapping context that such much-publicized aspects as doping, sponsoring and media, and responsibility for injuries are legally measured. This monograph fills a gap in the legal literature by giving academics, practitioners, sports organizations, and policy makers access to sports law at this specific level. Lawyers representing parties with interests in Australia will welcome this very useful guide, and academics and researchers will appreciate its value in the study of comparative sports law.

Download or read book Business Law written by Nickolas James and published by John Wiley & Sons. This book was released on 2024-10-28 with total page 788 pages. Available in PDF, EPUB and Kindle. Book excerpt: Designed specifically for business students, James' Business Law, 7th Edition provides a comprehensive introduction to the fundamentals of business law. Tailored to accommodate the initial encounter with legal principles for business students, this textbook offers a clear and accessible pathway into the realm of law. Unlike traditional texts from leading legal publishers, Business Law, 7th Edition prioritizes a practical approach, emphasizing real-world applications over doctrinal intricacies. By demystifying complex legal concepts and presenting them within a business-oriented framework, this textbook equips students with the necessary foundation to navigate the legal landscape with confidence.

Download or read book Future Proofing the Judiciary written by Brian Opeskin and published by Springer Nature. This book was released on 2022-01-01 with total page 325 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book reinvigorates the field of socio-legal inquiry examining the relationship between law and demography. Originally conceived as 'population law' in the 1960s following a growth in population and a use of law to temper population growth, this book takes a new approach by examining how population change can affect the legal system, rather than the converse. It analyses the impact of demographic change on the judicial system, with a geographic focus on Australian courts but with global insights and it raises questions about institutional structures. Through four case studies, it examines how demographic change impacts on the judicial system and how should the judicial system adapt to embody a greater preparedness for the demographic changes that lie ahead? It makes recommendations for reform and speaks to applied demographers, socio-legal scholars, and those interested in judicial institutions.

Download or read book The Oxford Handbook of the Australian Constitution written by Cheryl Saunders and published by Oxford University Press. This book was released on 2018 with total page 1201 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing an interdisciplinary overview of Australian constitutional law and practice, this Handbook situates the development of the constitutional system in its proper context. It also examines recurrent themes and tensions in Australian constitutional law, and points the way for future developments.

Download or read book Modern Statutory Interpretation written by Jeffrey Barnes and published by Cambridge University Press. This book was released on 2023-01-10 with total page 817 pages. Available in PDF, EPUB and Kindle. Book excerpt: Modern Statutory Interpretation is an original, clear, coherent and research-based account of contemporary Australian statutory interpretation. It provides a comprehensive coverage of statutory interpretation law, legislative drafting, the parliamentary process, the modern history of interpretation, sources of doubt, and interpretation techniques.

Download or read book Administrative Tribunals in the Common Law World written by Stephen Thomson and published by Bloomsbury Publishing. This book was released on 2024-10-03 with total page 420 pages. Available in PDF, EPUB and Kindle. Book excerpt: Administrative tribunals are a vital part of the public law frameworks of many countries. This is the 1st edited book collection to examine tribunals across the common law world. It brings together key international scholars to discuss current and future challenges. The book includes contributions from leading scholars from all major common law jurisdictions – the UK, the USA, Canada, Australia, New Zealand, Ireland, Israel, Hong Kong, Singapore, India and South Africa. This global analysis is both deep and expansive in its coverage of the operation of administrative tribunals across common law legal systems. The book has two key themes: one is the enduring question of the location and operation of tribunals within public law systems; the second is the continued mission of tribunals to provide administrative justice. The collection is an important addition to global public law scholarship, addressing common problems faced by the tribunals of common law countries, and providing solutions for how tribunals can evolve to match the changing nature of government.

Download or read book Prosecuting Crime in the Public Interest written by Kellie Toole and published by Bloomsbury Publishing. This book was released on 2024-07-25 with total page 243 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides the first detailed analysis of the decision to prosecute made by the statutory Australian Offices of Director of Prosecution. It examines the system of prosecution as part of the executive branch of government, and the role and challenges of the individual prosecutors who make decisions within the system. It explores the tension between prosecutorial independence and prosecutorial accountability, and the paradox that political involvement in prosecutions is necessary for accountability and to uphold the public interest, but can compromise independence. The book makes a unique contribution to both Australian criminal law scholarship and to the international literature on criminal prosecution, by drawing on the sub-disciplines of criminal law and administrative law. It includes case studies on prosecuting child sexual abuse, rape, and government espionage, and comparisons with common law and civil law countries including the USA, the UK, Italy and South Africa.

Download or read book Australia s Engagement with Economic and Social Rights written by Russell Solomon and published by Springer Nature. This book was released on 2021-04-01 with total page 291 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.

Download or read book Government Accountability written by Judith Bannister and published by Cambridge University Press. This book was released on 2018-10-23 with total page 597 pages. Available in PDF, EPUB and Kindle. Book excerpt: The second edition of Government Accountability: Australian Administrative Law offers an accessible and practical introduction to administrative law in Australia. The text introduces the legal principles that regulate the exercise of power by public authorities and explains the legal mechanisms that exist to remedy failures, with an emphasis on the overarching principle of accountability. Thoroughly revised and updated to incorporate recent changes to case law and legislation, this edition offers expanded, contemporary material on public investigatory bodies, information disclosure, administrative review tribunals, the limits on juridical review, and procedural fairness. Updated case examples throughout illustrate the practical operation of these principles and assist readers to connect theory with practice. Government Accountability provides readers with a concise introduction to the contexts, theory and application of administrative law and arms students with the knowledge and skills to successfully analyse and assess the decisions and actions of public authorities.

Download or read book The UN Convention on the Rights of Persons with Disabilities in Practice written by Lisa Waddington and published by Oxford University Press. This book was released on 2018-05-24 with total page 680 pages. Available in PDF, EPUB and Kindle. Book excerpt: Introduced in 2008, the UN Convention on the Rights of Persons with Disabilities has existed for nearly a decade. This comprehensive study examines how courts in thirteen different jurisdictions make use of the Convention. The first sustained comparative international law analysis of the CRPD, Waddington and Lawsons ground breaking text illuminates the intersection between human rights law, disability law and international law through an examination of the role of courts. The first part of the book contains chapters specific to each jurisdiction. The second part consists of comparative chapters which draw on the rich analysis of the jurisdiction-specific chapters. These chapters reflect on emerging patterns of judicial usage and interpretation of the CRPD and on the wider implications for human rights theory and the nascent field of international comparative human rights law. This volume is a vital and thought-provoking addition to the literature on comparative international law and disability rights.

Download or read book Mediation written by Klaus J. Hopt and published by Oxford University Press. This book was released on 2018-12-13 with total page 1424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Mediation provides an attractive alternative to resolving disputes through court proceedings. Mediation promises just results in the interest of all parties concerned, a reduction of the court caseload, and cost savings for the parties involved as well as for the treasury. The European Directive on Mediation has given mediation in Europe new momentum by establishing a common framework for cross-border mediation. Beyond Europe, many states have tried in recent years to answer the question whether, and if so, how mediation should be regulated at a national and international level. The aim of this book is to promote the understanding and discussion of regulatory issues by presenting comparative research on mediation. It describes and analyses the law and practice of mediation in twenty-two countries. Europe is represented by chapters on mediation in Austria, Bulgaria, England, France, Germany, Greece, Hungary, Ireland, Italy, the Netherlands, Norway, Poland, Portugal and Spain. The world beyond Europe is analysed in chapters on mediation in Australia, Canada, China, Japan, New Zealand, Russia, Switzerland and the USA. Against this background, further chapters on fundamental issues identify possible regulatory models and discuss central principles of mediation law and practice. In particular, the work considers harmonisation and diversity in the law of mediation as well as the economic and constitutional problems associated with privatising civil justice. To the extent available, empirical research is used as a point of reference in the critical analysis.