Law & Justice

Publication Search Results

Now showing 1 - 10 of 11
  • (2009) Cunneen, Chris; Libesman, Terri; Behrendt, Larissa
    Book
    Indigenous Legal Relations in Australia introduces the major issues facing Aboriginal and Torres Straight Islander people in their contact with Anglo-Australian law and legal institutions. Written by a strong and experienced team of Indigenous and non-Indigenous authors, the text covers topics relating to sovereignty, jurisdiction and territorial acquisition; family law and child protection; criminal law, policing and sentencing; land rights and native title; cultural heritage, heritage protection and intellectual property; anti-discrimination law; international human rights law; constitutional law; social justice, self-determination and treaty issues.

  • (2009) Cunneen, Chris; Scraton, Phil; McCulloch, Jude
    Book Chapter
    This chapter focuses on the violence of incarceration for Indigenous people in Australia. The chapter uses a broad concept of violence that includes overt physical violence, ill-treatment, and the failure to exercise a reasonable duty of care. These issues are explored in relation to Australia’s history of colonial dispossession and control, and the relationship between the violence of incarceration and Indigenous dispossession from land and denial of sovereignty.

  • (2009) Greenleaf, Graham
    Journal Article
    Many examples of innovation in relation to information goods involve works in which various parties have proprietary (copyright) interests, but also involve the public having rights to use those works in ways that involve some of the exclusive rights of the copyright owner. They involve copyright’s “public domain” in the expanded sense of all “public rights”: those aspects of copyright law and practice that are important in determining the ability of the public to use works without obtaining a licence on terms set (and changeable) by the copyright owner. The Creative Commons slogan “Some Rights Reserved” sums up rather well the way in which intellectual goods combine proprietary and non-proprietary elements. However, most examples of this broader public domain do not involve the use of Creative Commons licences. The theme of this article is what these examples have in common, how Australia’s copyright law and the institutions that support innovation have paid insufficient attention to what they have in common, and how – in Australia at least – we need to have a law reform review that will have these common elements (the copyright “public domain”) as its focus. Eight examples of where Australia’s copyright public domain is in need of reform are considered, as are some of the interconnections between them. Along the way, consideration is given to how the public domain in any particular country comprises both “global” and “national” elements, with examples of what makes Australia’s public domain distinctive.

  • (2009) Greenleaf, Graham; Paliwala, A
    Book Chapter
    Since the mid1990s the Internet's Worldwide Web has provided the necessary technical platform to enable free access to computerised legal information. In many countries the first attempts to exploit the advantages of the web for providing legal information came from the academic sector rather than government, and did so with an explicit ideology of free access provision. Three LIIs played key roles in early developments: the Legal Information Institute (Cornell), AustLII, and LexUM. This paper analyses the development of the Free Access to Law Movement, and its relationship to the broader development of free access to legal information, concluding that it has not yet achieved its full potential, and suggesting some steps forward.

  • (2009) Greenleaf, Graham; Rüßmann, Helmut
    Book Chapter
    Free-access Legal Information Institutes (LIIs) like AustLII have an increasing wealth and diversity of legal data, including legislation from numerous jurisdictions, decisions of both general and specialised tribunals, and sometimes law reform reports, law journals, treaties etc. This profusion of content leads to problems in precision of searches. One way commercial publishers have dealt with this, and added value to their content, is by creating subject-specific research facilities on topics such as environmental law, IP, criminal procedure etc. The challenge for free-access LIIs is that any such value-adding cannot involve the high costs of constant editorial intervention, nor the commissioning of subject-specific commentaries. This paper explains experiments by AustLII to create useful subject-specific 'Libraries' in areas of Australian law such as indigenous law, taxation and industrial law, and on international and humanitarian law (on WorldLII). The experiments involve methods of identifying and isolating within databases of general content that which is on specified subjects, by largely automated and repeatable means, particularly the use of approximating searches. Methods of testing the searches used to construct Libraries are suggested. Once a subject-specific Library is created, it can be used as a context to provide access to equally specific content provided by search engines or commercial publishers. Systems like WorldLII which draw together the content of many LIIs pose similar challenges at the international level, but may make possible international comparative law facilities.

  • (2009) Greenleaf, Graham
    Journal Article
    The protection of privacy under the Indian Constitution, developed through case law by the Supreme Court, has been advanced further by the Delhi High Court’s decision to strike down provisions criminalising homosexual sexual conduct on grounds of invasion of privacy (NazFoundation v Government of NCT of Delhi WP(C) No.7455/2001 (2 July 2009) (‘NazFoundation Case’)). The potential for further expansion of constitutional protection of privacy into the area of data protection is increased.

  • (2009) Greenleaf, Graham
    Journal Article
    Extensive amendments to India’s Information Technology Act 2000 deal principally with cyber-security, and were enacted to some extent in response to the attacks in Mumbai in November 2008. They also include the most significant provisions to date in Indian statutes affecting data protection and privacy, though how extensive these turn out to be will depend to some extent on implementing regulations. Most Indian commentators have concentrated on the cyber-security aspects of the legislation, often very critically. This article focuses only on the Act’s data protection and privacy implications. The Information Technology (Amendment) Act 2008 was passed on the last day of the legislative sitting in 2008.

  • (2009) Quinnell, Rosanne; Russell, Carol; Thompson, Rachel; Nancy, Marshall; Cowley, Jill
    Conference Paper
    A raft of models and definitions of SoTL exist and the best appear to transcend disciplinary contexts, and are sufficiently robust for academics to measure scholarly practices. Critical engagement with the scholarly literature is necessary for academics to gain a realistic view of where their work practices are situated within the scholarly domain. Because academic staff are disciplinary experts they are best placed to comment on whether the models of scholarship describe the scholarship of learning and teaching within the context of their own disciplines as well as within the confines of the Australian higher education sector. This paper pushes the existing debates on reconciling what evidence of scholarship in the disciplines actually is and what is considered valid, and in doing so uncovers why the process of reconciliation, between current practice and supporting evidence, remains elusive. Higher education academics need to identify and reconcile tacit disciplinary knowledge with their SoTL approach in order to unpack the complexity and value of their practices. Enabling academic staff to annotate their activities, roles and accomplishments and then map these items onto the various models of scholarship will enrich the status of scholarship of teaching and learning within the higher education sector.

  • (2009) Rankine, Campbell
    Thesis
    The Australian tax policy of assessing trusts and their beneficiaries has been buffeted by changes that have occurred over the last 10 years or so, chiefly in the rules that equity has adopted and applied in its restatement of the rights and interests that a beneficiary has in a trust. Broadly, the scheme of div 6 of Part III of the Income Tax Assessment Act 1936 – the general provisions for assessing trustees and beneficiaries – has remained largely unaltered, its machinery has now become ill-suited to equity’s new jurisprudence concerning beneficiaries' interests in trusts. This thesis examines the rules that seek to identify in a beneficiary an interest that she or he has in a trust’s subject matter, and it questions whether the tax legislation is still adequate to work its policies in the light of changes in the rules of equity. Most pressing amongst them is the concept of present entitlement to income as a criterion for assessing beneficiaries of trusts on incomes derived by their trustees – at least before the income is physically paid or dealt with by the trustees so that there is some actual or constructive receipt by the beneficiary of that income. In addition to this, the thesis points to other difficulties that have arisen – largely because of changing jurisprudence – that portend the unworkability of the current tax policy. The proposition is that the only way to correct the present and forthcoming problems, and the tensions they will cause in the Australian tax system, is to abandon the conventional policy of seeking primarily to assess a beneficiary on a mere present entitlement, and instead to assess tax on physical distributions. Under this proposition, a beneficiary will no longer be assessed on anticipated distributions: she or he will now be assessed only on those distributions that are actually made thereto. Naturally enough, a number of other trust assessing issues are affected by the proposal, and the changes to them – largely in a way that makes them simpler – are proposed and submitted.

  • (2009) Yesegat, Wollela Abehodie
    Thesis
    This study examines the operating costs of, and intentional compliance with, the value added tax (VAT) in Ethiopia. The study focuses on assessing the magnitude and nature of operating costs, identifying areas in the design and administration of the tax that contribute to the operating costs and the problems in the operation of the tax at large, and also on the link between VAT compliance costs and intentional output VAT reporting compliance decisions. The study adopts a mixed methods research approach to test a series of hypotheses and answer research questions that emerge through the review of existing literature and the experiences of the researcher in respect of the Ethiopian tax system. Specifically, the study uses surveys of taxpayers and tax practitioners, experimental design, interviews with tax officials and documentary analysis. The study statistically analyses the data elicited from the surveys and experimental design. It also analyses the results of in-depth interviews with tax officials and examination of documents held by tax authorities and other institutions. The results of this combined research methodology reveal that VAT operating costs in Ethiopia in the fiscal year 2005/06 appear to be relatively low. However, this low level of operating costs may not imply that the VAT system in Ethiopia is simple. In particular, in the case of administrative costs it is argued that it may indicate that the tax authorities are under-resourced which in turn may have affected their ability to accomplish the responsibilities entrusted to them. In respect of compliance costs, although the total costs seem to be low, it is contended that their regressiveness is likely to impact on the equity of the tax system as a whole. Further, the results show that VAT compliance costs and intentional VAT reporting compliance decisions are inversely correlated; but this correlation is statistically weak. The results also identify several concerns in the design and administration of the tax that have bearing on the operating costs and the operation of the tax. Specifically, the existence of the relatively high registration threshold, the high frequency of VAT reporting, the use of the invoice method of accounting (the latter two pertain mainly to small businesses) and weak administration are noted. iv The thesis suggests a series of measures which could be taken by the government and by the tax authorities in particular, to address the various problems identified in the study. These measures include strengthening the administration; allowing small businesses to adopt the cash basis of accounting and report less frequently; and reducing the registration threshold. The use of tax education is also emphasised as a strategy to improve compliance.