Federal Law Review最新文献_第4页

Expecting More: Rethinking the Rights and Protections Available to Pregnant Workers under the Fair Work Act 2009 (Cth) 期待更多:重新思考《2009年公平工作法》(Cth)对怀孕工人的权利和保护

Federal Law Review Pub Date : 2022-10-28 DOI: 10.1177/0067205x221126556

Adriana Orifici, Dominique Allen

{"title":"Expecting More: Rethinking the Rights and Protections Available to Pregnant Workers under the Fair Work Act 2009 (Cth)","authors":"Adriana Orifici, Dominique Allen","doi":"10.1177/0067205x221126556","DOIUrl":"https://doi.org/10.1177/0067205x221126556","url":null,"abstract":"This article integrates doctrinal and empirical legal research methods to evaluate manifestations of discrimination experienced by pregnant workers and develops proposals to strengthen labour law to better support working women. The article commences by mapping the framework of rights and protections currently applicable to pregnant women under the Fair Work Act 2009 (Cth) (‘FW Act’). It then analyses court decisions made under parts 3-1 and 3-2 of the FW Act that are relevant to pregnancy, which builds on the limited scholarship in this area. This is augmented by analysing the findings from a pilot study into the experiences of a group of pregnant workers in Victoria, which addresses an ongoing deficiency in the literature of the qualitative examination of workplace pregnancy discrimination. Scrutiny of the doctrinal and empirical data reveals the common manifestations and patterns of conduct that pregnant women experience at work. The article then considers how the rights and protections in the FW Act could be strengthened to better support pregnant women who experience unlawful conduct at work. It is argued that there are three critical gaps in the FW Act, which are leaving pregnant women vulnerable to detrimental treatment. Legislative reform proposals are formulated to address these gaps, of which the most pressing is to add pregnancy to s 65(1A) of the FW Act so that it comprises a ground on which employees can make requests for flexible working arrangements.","PeriodicalId":37273,"journal":{"name":"Federal Law Review","volume":"50 1","pages":"504 - 526"},"PeriodicalIF":0.0,"publicationDate":"2022-10-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"65417138","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Tackling Human Trafficking in Governments Supply Chains: Legal Certainty and Effectiveness Issues Under the Australian Commonwealth Procurement Rules Model 应对政府供应链中的人口贩运：澳大利亚联邦采购规则模式下的法律确定性和有效性问题

Federal Law Review Pub Date : 2022-10-27 DOI: 10.1177/0067205x221126554

Miriam Amanze, D. Cahill, Ceri Evans

{"title":"Tackling Human Trafficking in Governments Supply Chains: Legal Certainty and Effectiveness Issues Under the Australian Commonwealth Procurement Rules Model","authors":"Miriam Amanze, D. Cahill, Ceri Evans","doi":"10.1177/0067205x221126554","DOIUrl":"https://doi.org/10.1177/0067205x221126554","url":null,"abstract":"International organisations emphasise how Governments around the world must use the public procurement process to aid a global drive to eliminate human trafficking in their supply chains. In this significant and original contribution, the authors examine a leading procurement model, the Australian Commonwealth Procurement Rules (CPR), for the purpose of examining whether the CPR model satisfies the necessary standards of Legal Certainty and Effectiveness for addressing the risk of trafficking occurring in public sector supply chains. The research generates new insights for countries seeking to tackle trafficking via public procurement systems and identifies pitfalls for countries to avoid if seeking to emulate the Australia CPR model, making appropriate reference to US and UK models where appropriate. The authors demonstrate how key elements of the CPR model fail to provide for the required degree of Legal Certainty and Effectiveness to tackle trafficking. System failure is demonstrated by analysis of the CPR, showing either how key CPR provisions fail to satisfy these 2 key tests, or because there is a complete absence of appropriate provisions to comprehensively deal with the risk of trafficking in public sector supply chains. This article should serve not only as a guide to countries yet to address human rights considerations in their public procurement supply chains, but also as a blueprint for countries around the world seeking to re-evaluate whether existingprovisions in their domestic procurement frameworks are fit to tackle the global scourge of trafficking in public supply chains.","PeriodicalId":37273,"journal":{"name":"Federal Law Review","volume":"50 1","pages":"479 - 503"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45050862","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Check the Balance: Is the Doctrine of Separation of Powers Sufficient in the Context of Intergovernmental Organisations? A Case Study of Australia’s AML/CTF Financing Framework 制衡：分权原则在政府间组织的背景下是否足够？澳大利亚反洗钱/反恐融资框架案例研究

Federal Law Review Pub Date : 2022-10-27 DOI: 10.1177/0067205X221126558

Doron Goldbarsht, Hannah Harris

引用次数: 0

Who is a Journalist? A Critical Analysis of Australian Statutory Definitions 谁是记者?澳大利亚法律定义的批判性分析

Federal Law Review Pub Date : 2022-10-27 DOI: 10.1177/0067205X221126583

Rebecca Ananian-Welsh

{"title":"Who is a Journalist? A Critical Analysis of Australian Statutory Definitions","authors":"Rebecca Ananian-Welsh","doi":"10.1177/0067205X221126583","DOIUrl":"https://doi.org/10.1177/0067205X221126583","url":null,"abstract":"This article provides the first comprehensive study of statutory definitions of ‘journalist’ and ‘journalism' in Australian law and proposes a preferred definition of journalist by reference to statutory aims, bedrock legal principles and broader scholarship. It begins with a review of existing literature on the meaning of ‘journalist' in the modern media landscape, before turning to Australian law. A qualitative survey of legislation identified 11 textually different definitions of the term ‘journalist’ across 18 separate statutes, and a single definition of ‘journalism’. Examination of the statutory contexts, purposes and framing of these definitions reveals they are comprised, broadly, of six ‘approaches’. These approaches are critically analysed against a novel five-part thematic framework, with particular attention given to whether journalists should be defined by reference to ethical codes and responsibilities. The article concludes by identifying a preferred definition of journalist capable of informing law reform across a wide-variety of areas of law, including protections for press freedom, journalistic access to information, shield laws and whistleblower protections.","PeriodicalId":37273,"journal":{"name":"Federal Law Review","volume":"50 1","pages":"449 - 478"},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42130075","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Protest Before and During a Pandemic 大流行之前和期间的抗议

Federal Law Review Pub Date : 2022-10-27 DOI: 10.1177/0067205X221126557

Jeffrey Gordon

引用次数: 0

Reconceptualising ‘Justiciability’: Crafting a Coherent Framework for Australia’s Unique Constitutional Context 重新定义“公正性”：为澳大利亚独特的宪法背景构建一个连贯的框架

Federal Law Review Pub Date : 2022-07-18 DOI: 10.1177/0067205X221107408

Brandon Smith

引用次数: 0

The Weight of a Word: ‘Covert’ and the Proportionality of Australia’s Foreign Interference Laws 一个词的分量:“隐蔽”与澳大利亚外国干涉法的相称性

Federal Law Review Pub Date : 2022-07-13 DOI: 10.1177/0067205X221107409

T. Ross

{"title":"The Weight of a Word: ‘Covert’ and the Proportionality of Australia’s Foreign Interference Laws","authors":"T. Ross","doi":"10.1177/0067205X221107409","DOIUrl":"https://doi.org/10.1177/0067205X221107409","url":null,"abstract":"The National Security Legislation Amendment (Espionage and Foreign Interference) Act 2018 (Cth) introduced the first offences for acts of foreign interference in Australian history. Inter alia, the laws target activities sponsored by a foreign principal which seek to influence Australia’s democratic processes using coercive, deceptive and covert conduct. The Act’s offences address coercive and deceptive conduct by foreign actors, which align with those behaviours which find contempt in international law. However, it is the Act’s targeting of ‘covert’ conduct which has drawn the widest criticism, and which was the subject of a High Court challenge in Zhang v Commissioner of Police [2021] HCA 16. Despite the High Court not being required to determine the validity of the foreign interference offences, there remain serious questions regarding the proportionality of the offences within the legislation which target covert behaviour which is not coercive or deceptive. Such benign covert behaviour is not condemned in international law, and its prohibition in Australia presents as an attempt by the government to remediate exploitable gaps in international law by controlling the interactions of its own citizenry with foreign actors. When the available alternatives to such measures are considered, this regulation appears excessive. Thus, a future challenge to Australia’s foreign interference laws may focus on the burden which the foreign interference offence’s ‘covert’ element places on the constitutionally entrenched implied freedom of political communication.","PeriodicalId":37273,"journal":{"name":"Federal Law Review","volume":"50 1","pages":"581 - 610"},"PeriodicalIF":0.0,"publicationDate":"2022-07-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48279015","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

The Struggles of the Indian Constitution in the Face of Autocratic Legalism: Constitutionalism at Crossroads? 面对专制法家主义，印度宪法的斗争:宪政的十字路口?

Federal Law Review Pub Date : 2022-06-29 DOI: 10.1177/0067205X221107395

Shameek Sen, S. Guha

{"title":"The Struggles of the Indian Constitution in the Face of Autocratic Legalism: Constitutionalism at Crossroads?","authors":"Shameek Sen, S. Guha","doi":"10.1177/0067205X221107395","DOIUrl":"https://doi.org/10.1177/0067205X221107395","url":null,"abstract":"In this article, we seek to delineate the nature of India’s ongoing constitutional struggles against a grave crisis, considering the threat that such crisis poses to the functioning of the country’s constitutional democracy. Using the acceptable definitive models of such a crisis, we then try to examine the extent to which India’s constitutional struggle might have been necessary in order to confront such a crisis. The role played by the deliberate usage of the legal and prima facie constitutional routes to render the very spirit and safeguards of the constitutional system redundant, or the concept of autocratic legalism, as a singular symptom displayed by such a crisis, is focused upon in this context. We draw analogies from multiple jurisdictions with myriad political legacies, including the USA, Poland, Hungary, Turkey, Russia and the Latin American nations. Increasing the judicial burden to cripple the adjudicating machinery; appointment of judges exhibiting specific political inclination; emergence of a charismatic political leader commanding mass support — the potential impact of these factors on liberal constitutionalism is examined. The article delves into the Indian narrative, citing instances from the past such as the Nehruvian legacy of superseding the judiciary as watchdogs of constitutional values, emergency and relevant constitutional amendments, as well as from the present, such as abrogation of special status of Indian states like Jammu and Kashmir, introduction of national population register and modification of citizenship norms, passing contentious legislation via the Money Bill route to avoid close scrutiny and constitutional debates, reservation on economic grounds and introducing new tax structures impinging on the federal relationship. We assess the role played by the Indian judiciary in each of these instances, along with instances of judicial (pro)activism, and their impact on the overall stability of the judicial institution.","PeriodicalId":37273,"journal":{"name":"Federal Law Review","volume":"50 1","pages":"275 - 291"},"PeriodicalIF":0.0,"publicationDate":"2022-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46960234","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

COVID Travel Bans, Citizenship and the Constitution: Do Australian Citizens Have a Constitutional Right of Abode? 旅行禁令、公民身份与宪法:澳大利亚公民是否享有宪法居留权?

Federal Law Review Pub Date : 2022-06-28 DOI: 10.1177/0067205X221107456

P. Rangiah

引用次数: 0

Arbitration Under Government Contracts and Government Accountability 政府合同和政府责任下的仲裁

Federal Law Review Pub Date : 2022-06-27 DOI: 10.1177/0067205x221107407

Caroline Henckels

引用次数: 1