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Intoxication Evidence in Rape Trials in the Country Court of Victoria: A Qualitative Study 维多利亚乡村法院强奸审判中的醉酒证据:一项定性研究
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/xzqj2471
Julia Quilter, Luke McNamara, Melissa Porter, Sarah Croskery-Hewitt
{"title":"Intoxication Evidence in Rape Trials in the Country Court of Victoria: A Qualitative Study","authors":"Julia Quilter, Luke McNamara, Melissa Porter, Sarah Croskery-Hewitt","doi":"10.53637/xzqj2471","DOIUrl":"https://doi.org/10.53637/xzqj2471","url":null,"abstract":"Although long associated with incidents of sexual violence, evidence of alcohol and/or other drug (‘AOD’) consumption and intoxication continues to present challenges for the enforcement of rape laws and justice for victim-survivors. This article reports on the findings of a transcript analysis of 33 Victorian rape trials involving evidence of complainant and/or defendant intoxication. Statutory provisions designed to break the culturally-assumed nexus between intoxication and consent were rarely relied upon by the prosecution. Complainant intoxication evidence was more likely to be engaged by the defence to challenge the Crown’s ability to prove the elements of rape, sometimes by invoking the intoxication/consent nexus, but more commonly by suggesting that the complainant’s account lacked veracity because their recall was tainted by intoxication. Trials could have benefited from expert evidence on AOD effects, including with respect to cognitive functions like consent formation and memory.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43266725","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
Restoring Public Trust in Charities: Empirical Findings and Recommendations 重建公众对慈善机构的信任:实证研究结果与建议
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/awff1066
Rosemary Teele Langford, Malcolm Anderson
{"title":"Restoring Public Trust in Charities: Empirical Findings and Recommendations","authors":"Rosemary Teele Langford, Malcolm Anderson","doi":"10.53637/awff1066","DOIUrl":"https://doi.org/10.53637/awff1066","url":null,"abstract":"This article reports the results of an extensive survey of persons who govern Australian charities (known as ‘responsible persons’) in relation to governance duties and conflicts of interest. These results are significant in light of the complexity of the legal framework governing Australia’s charities sector and in light of the shortage of empirical research into the sector. The results, combined with comprehensive legal analysis, enable critical evaluation of the overall effectiveness of the governance and regulatory system of charities in Australia, in turn enabling recommendations to ameliorate the difficulties caused by complexity and to facilitate improved governance.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"19 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135568981","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
To Catch a Killer Cousin: Investigative Genetic Genealogy as a Critical Extension of Familial Searching in Serious Crime Convictions in Australia 为了抓住一个杀人的表亲:调查基因谱系作为在澳大利亚严重犯罪定罪的家族搜索的重要延伸
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-07-01 DOI: 10.53637/cggn8586
Callum Vittali-Smith
{"title":"To Catch a Killer Cousin: Investigative Genetic Genealogy as a Critical Extension of Familial Searching in Serious Crime Convictions in Australia","authors":"Callum Vittali-Smith","doi":"10.53637/cggn8586","DOIUrl":"https://doi.org/10.53637/cggn8586","url":null,"abstract":"The ways in which DNA can be used to identify unknown offenders in criminal investigations is constantly evolving. This article takes a developmental approach, exploring the use of DNA profiling, familial searching, and investigative genetic genealogy (‘IGG’), and considers whether Australia could, and should, expand its application of DNA analysis to identify offenders. Part II examines DNA profiling and familial searching which is now the status quo in Australia. However, it is then argued that familial searching is flawed, presenting unique issues of privacy and consent, and producing substantial biases. Part III then posits IGG as an emerging solution to the limitations of familial searching. Its development in the United States is explored, before explaining how the limitations of familial searching can be directly redressed by IGG. The article concludes by calling for IGG to be implemented in Australia, and offering some initial recommendations on how this might best be achieved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43636497","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 Richardson Review: Reviving the ‘Purpose’ of Law Enforcement and Intelligence Legislation 理查森评论:恢复执法和情报立法的“目的”
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/deas8732
Brendan Walker-Munro
{"title":"The Richardson Review: Reviving the ‘Purpose’ of Law Enforcement and Intelligence Legislation","authors":"Brendan Walker-Munro","doi":"10.53637/deas8732","DOIUrl":"https://doi.org/10.53637/deas8732","url":null,"abstract":"This article examines Australia’s recent review of its federal national security and intelligence agencies. The article argues that Australia’s current legislative structure for its intelligence agencies unacceptably blurs the lines between intelligence and law enforcement in a number of areas. In seeking to make several recommendations for law reform, this article engages with the ‘purpose’ of that legislation, and builds on the Richardson Review to provide for better distinction between the officers of intelligence agencies (‘spies’) and law enforcement (‘cops’).","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45009530","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
Shareholder (Dis)Empowerment through Crowd-Sourced Equity Funding 通过众包股权融资赋予股东(非)权力
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/eluc5833
Steve Kourabas
{"title":"Shareholder (Dis)Empowerment through Crowd-Sourced Equity Funding","authors":"Steve Kourabas","doi":"10.53637/eluc5833","DOIUrl":"https://doi.org/10.53637/eluc5833","url":null,"abstract":"The introduction of Crowd-Sourced Equity Funding (‘CSEF’) into the Australian corporate fundraising landscape sought to give effect to the democratisation and direct participation goals of the Financial Technology (‘FinTech’) movement. CSEF offers a useful avenue for micro- and small-to-medium enterprises (‘MSMEs’) to access funds from the ‘crowd’. However, this article argues that the current regulatory framework fails to give effect to the core principles underpinning CSEF as part of the FinTech movement. This creates a particularly vulnerable cohort of shareholders who are not given a ‘voice’ in the corporation, nor do they have the typical ‘exit’ options associated with public share ownership. The article proposes that corporate governance reforms should aim to enhance the distinctive attraction of CSEF as a corporate fundraising mechanism: the collaborative pursuit of non- financial motivations for investment, and the adoption of engagement mechanisms that advance efforts towards the democratisation of finance and collaboration as a means of social interaction.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44972313","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
Greenhouse Gas Removal in Australian Climate Law: A Positive Role for Negative Emissions 澳大利亚气候法中的温室气体减排:负排放的积极作用
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/islg1276
J. McDonald, K. Brent, Phillipa C. McCormack, J. McGee
{"title":"Greenhouse Gas Removal in Australian Climate Law: A Positive Role for Negative Emissions","authors":"J. McDonald, K. Brent, Phillipa C. McCormack, J. McGee","doi":"10.53637/islg1276","DOIUrl":"https://doi.org/10.53637/islg1276","url":null,"abstract":"Australia’s path to net zero emissions must include both emissions reduction and removal of greenhouse gases from the atmosphere. Australia’s large landmass and expansive marine estates provide significant opportunities for implementing these negative emissions technologies (‘NETs’). Significant further legal innovation will be needed to facilitate NETs crediting and adapt existing environmental, health and safety legislation to this large-scale challenge. As a starting point, this article surveys the current state of Australian law and identifies priority areas for developing a legal framework to facilitate responsible research and development of NETs in Australia. It shows that the enormous scale of greenhouse gas removal requires: a market for NETs credits administered to ensure the legitimacy of crediting practices; special arrangements to facilitate research and development; technology-specific law reform targeting the most promising technologies; and regulatory coordination to ensure that environmental and social risks are adequately managed.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47728998","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
Philanthropy, Justice and Law 慈善、正义和法律
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/ycmp7487
M. Harding
{"title":"Philanthropy, Justice and Law","authors":"M. Harding","doi":"10.53637/ycmp7487","DOIUrl":"https://doi.org/10.53637/ycmp7487","url":null,"abstract":"It is sometimes said that philanthropy and justice are in tension with each other. In this article, I explore several settings in which this tension might be observed: (a) philanthropy, because it lacks coordination, might generate distributive outcomes that seem undesirable from a justice standpoint; (b) philanthropy might entail discrimination that offends norms of equality grounded in justice; (c) philanthropy might enable the rich to enjoy a disproportionate share of political power; and (d) philanthropy might express relational inequality between citizens that offends justice irrespective of distributive outcomes. I aim to show that, in each of these settings, philanthropy might frustrate the attainment of justice notwithstanding its propensity to generate public benefit. However, I also emphasise that justice problems are problems for philanthropy for as long as we inhabit a non-ideal world in which the state fails to discharge its responsibilities in justice.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47553557","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
Redressing State-Inflicted Racial Violence: A Federal Discrimination Law Remedy for Deaths in Custody after Wotton 减轻国家造成的种族暴力：Wotton事件后拘留期间死亡的联邦歧视法补救措施
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/kwla1899
Alan Zheng
{"title":"Redressing State-Inflicted Racial Violence: A Federal Discrimination Law Remedy for Deaths in Custody after Wotton","authors":"Alan Zheng","doi":"10.53637/kwla1899","DOIUrl":"https://doi.org/10.53637/kwla1899","url":null,"abstract":"Despite the vast number of First Nations deaths in custody and community experiences of racial injustice, the Racial Discrimination Act 1975 (Cth) has rarely been engaged. Section 9(1) has lain in deep freeze since 1975, generating equal parts mystique and contestation. In Wotton v Queensland, the Federal Court found section 9(1) contraventions in relation to conduct following the death in custody of Waanyi man Cameron ‘Mulrunji’ Doomadgee. An eleventh-hour procedural infelicity prevented the Court from examining conduct preceding his death. This article argues that section 9(1) supplies a remedy for state-inflicted racial violence preceding some deaths in custody because section 9(1) contains an unstructured comparison, an analytical tool for discerning a racial basis that avoids the difficulties of a complex comparator structure found in other anti-discrimination statutes. Section 9(1) also accommodates a denial of rights inquiry which incorporates concepts of arbitrariness and proportionality well-suited to reviewing police discretion.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47036012","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
Family Provision and Islamic Wills: Preserving the Testator’s Wishes through Testamentary Arbitration? 家庭条款与伊斯兰遗嘱:通过遗嘱仲裁维护遗嘱人的意愿?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/vwcb1641
Brooke Thompson
{"title":"Family Provision and Islamic Wills: Preserving the Testator’s Wishes through Testamentary Arbitration?","authors":"Brooke Thompson","doi":"10.53637/vwcb1641","DOIUrl":"https://doi.org/10.53637/vwcb1641","url":null,"abstract":"This article examines how testamentary arbitration according to faith-based principles might be employed in Australia to preserve an Islamic testator’s wishes where a dispute about the will arises. First, this article explores the key differences between Muslim and Australian inheritance law to demonstrate the potential for successful challenges to Islamic wills. Then, this article highlights how arbitration provides a framework in which to allow citizens to arbitrate disputes according to faith-based norms. Finally, this article examines the feasibility of testamentary arbitration in Australia. This article is concerned with two questions: first, whether inheritance disputes are presently capable of being settled by arbitration in Australia; and second, whether parties to a will dispute can (or should) be forced to submit to arbitration as opposed to litigation in the courts where the will in question contains an arbitration clause.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45509899","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
Social Licence as a Regulatory Concept: An Empirical Study of Australian Company Directors 社会许可作为监管概念:对澳大利亚公司董事的实证研究
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2023-04-01 DOI: 10.53637/wcdh8663
V. Brand, J. Lacey, J. Tutton
{"title":"Social Licence as a Regulatory Concept: An Empirical Study of Australian Company Directors","authors":"V. Brand, J. Lacey, J. Tutton","doi":"10.53637/wcdh8663","DOIUrl":"https://doi.org/10.53637/wcdh8663","url":null,"abstract":"Growth of ‘social licence to operate’ (‘SLO’) may reflect an evolution of the stakeholder-shareholder debate, and an expansion of the power of employees, investors and society generally, described by the smart regulatory model as third-party or ‘surrogate’ regulators of corporate activity. Despite the broad implications of SLO for regulation, little is known about the perceptions of company directors in relation to SLO. This article reports on an empirical investigation of Australian directors’ perspectives, undertaken after the Australian Securities Exchange’s proposal to formalise regulatory use of SLO. Directors’ responses provide support for theoretical models of third-party regulators. They identify SLO and concepts of trust, relationships and reputation as important and, crucially, part of the future. However, responses also reveal potential limitations in SLO’s contours that impact its use as a regulatory concept. Regulatory systems must account appropriately for the complex phenomenon of SLO, so its potential benefits are harnessed effectively.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2023-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42043415","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
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