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A Masterclass in Evading the Rule of Law: The Saga of Scott Morrison and Temporary Protection Visas 逃避法治的大师班：斯科特·莫里森传奇与临时保护签证
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/odrx7356
J. Chia, Savitri Taylor
{"title":"A Masterclass in Evading the Rule of Law: The Saga of Scott Morrison and Temporary Protection Visas","authors":"J. Chia, Savitri Taylor","doi":"10.53637/odrx7356","DOIUrl":"https://doi.org/10.53637/odrx7356","url":null,"abstract":"For over a year, the then Minister for Immigration successfully avoided granting permanent protection to refugees who came by boat. His newly elected government had promised to re-introduce a temporary protection regime, but came to power without the numbers to pass necessary legislation. In order to achieve his policy objective, the Minister chose to engage in a variety of legally dubious tactics to forestall and delay granting permanent protection, as required by the law. In doing so, the Minister navigated skilfully through the holes in Australia’s institutional frameworks designed to protect the rule of law and Australia’s constitutional arrangements. The saga of Scott Morrison and temporary protection visas is therefore a telling story about the fragility of the rule of law in Australia and demonstrates how a determined executive can upend the constitutional order.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48488372","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
Adtech and Children’s Data Rights 广告技术与儿童数据权利
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/pjps3138
Lisa Archbold, Damian Clifford, Moira Paterson, M. Richardson, N. Witzleb
{"title":"Adtech and Children’s Data Rights","authors":"Lisa Archbold, Damian Clifford, Moira Paterson, M. Richardson, N. Witzleb","doi":"10.53637/pjps3138","DOIUrl":"https://doi.org/10.53637/pjps3138","url":null,"abstract":"The advertising technology industry, known as ‘adtech’, is a complicated network of organisations and individuals that collect, aggregate and deal with large amounts of personal data. As children engage with digital networks for many aspects of their lives, they are increasingly exposed to adtech practices. Depending on their age, children may have less knowledge of the commercial digital environment and less maturity in their decision-making processes than adults have. Their limited resilience in the face of adtech’s onslaught offers a particularly stark illustration of why it is problematic to look to ‘consent’ as the exclusive or predominant mechanism to control the use of consumer data in the digital ecosystem. This article examines the problems arising from adtech’s data practices and makes recommendations on how to strengthen the agency and control exercised by children and protect their best interests in the context of adtech.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41731530","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
Disinformation, Deepfakes and Democracies: The Need for Legislative Reform 虚假信息、深度伪造和民主：立法改革的必要性
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/dels2700
Andrew Ray
{"title":"Disinformation, Deepfakes and Democracies: The Need for Legislative Reform","authors":"Andrew Ray","doi":"10.53637/dels2700","DOIUrl":"https://doi.org/10.53637/dels2700","url":null,"abstract":"Rapid technological advancement is changing the way that political parties, voters, and media platforms engage with each other. This along with cultural change has led to an emerging era of disinformation and misinformation driven by both domestic and foreign actors. Political deepfakes, videos created through the use of artificial intelligence, allow individuals to rapidly create fake videos indistinguishable from true content. These videos have the capacity to undermine voter trust and could alter electoral outcomes. Regulating disinformation however raises significant free speech concerns, as well as questions about where liability should fall. In particular, holding large technology and media platforms accountable for content could lead to unintended chilling effects around freedom of expression, harming rather than protecting democratic institutions. Proposed regulations should therefore be carefully analysed through the framework of the implied freedom of political communication, ensuring that any new laws are proportionate and tailored to the threat they seek to prevent. This article analyses how current Australian law interacts with political deepfakes and proposes two targeted amendments to our federal electoral regulations to reduce the threat they pose to elections.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42560956","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: 4
Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension 重新定义版权市场:传播竞争是一个关键的功能维度
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/reji4336
Cheryl Foong
{"title":"Reconceptualising Copyright Markets: Disseminative Competition as a Key Functional Dimension","authors":"Cheryl Foong","doi":"10.53637/reji4336","DOIUrl":"https://doi.org/10.53637/reji4336","url":null,"abstract":"The notion of ‘markets’ occupies a prominent yet ambiguous position in copyright discourse. When the term is raised, the copyright owner’s market tends to be taken as its implicit meaning, perpetuating an assumption that the market needs to be protected solely to preserve incentives to create. This dominant narrative overshadows an important dimension of copyright markets – disseminative competition, which is characterised by rival disseminators competing for inputs (copyright content) and audiences (copyright consumers). With the aid of competition law principles, this article distinguishes competition for dissemination of content from competition for the creation of content. It underscores the importance of dissemination markets to a well-functioning copyright system and shows how certain copyright doctrines substantively impact on disseminative competition. In reframing contemporary understandings of copyright markets, this article highlights the biases in copyright infringement analysis that may favour incumbent content disseminators to the detriment of a vibrant and innovative digital economy.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48032668","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
‘Every Move You Make … Every Word You Say’: Regulating Police Body Worn Cameras “你的一举一动……你说的每一句话”:规范警察随身携带的相机
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/ckfl3988
Robyn Blewer, Ron Behlau
{"title":"‘Every Move You Make … Every Word You Say’: Regulating Police Body Worn Cameras","authors":"Robyn Blewer, Ron Behlau","doi":"10.53637/ckfl3988","DOIUrl":"https://doi.org/10.53637/ckfl3988","url":null,"abstract":"The death of Minneapolis man, George Floyd, at the hands (or, knee) of a police officer in May 2020 appears to have set a nation, indeed the world, alight with outrage at ongoing, systemic racism and brutality by police officers. Body worn camera (‘BWC’) footage from officers attending this incident provides strong evidence of the circumstances of Mr Floyd’s death. In this article, we draw on criminological research and analyses of legislation in Australia and a number of international jurisdictions, to argue there is a need for improved regulation of BWCs. Despite incurring the substantial cost of deploying this technology, governments are relinquishing control of it to law enforcement agencies who, in turn, draft policies that maximise police discretion and protection while minimising the consequences of non-compliance. For governments to realise their objectives for BWCs, we argue there is a need for greater regulation to ensure BWCs are utilised effectively.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47577846","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
Managing Nascent Digital Competition: An Assessment of Australian Merger Law under Conditions of Radical Uncertainty 管理恶劣的数字竞争：在极端不确定性条件下对澳大利亚合并法的评估
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/bpkh7535
Joshua Sinn
{"title":"Managing Nascent Digital Competition: An Assessment of Australian Merger Law under Conditions of Radical Uncertainty","authors":"Joshua Sinn","doi":"10.53637/bpkh7535","DOIUrl":"https://doi.org/10.53637/bpkh7535","url":null,"abstract":"The Australian Competition and Consumer Commission is among several national competition regulators that have recently expressed concerns about the inability of existing merger law to address competition issues that arise from acquisitions of digital start-ups. The unique characteristics of rapidly evolving digital markets present unprecedented challenges for traditional merger regimes that rely on predictions of future market conditions to justify intervention. This article argues that Australian merger law is unable to adequately address the uncertain risks presented by acquisitions of nascent competitors in digital markets. It further argues that traditional rule-based merger regimes are unable to properly navigate conditions of extreme uncertainty. An alternative regulatory model that is explored in detail is experimentalist governance, which promises to allow regulators and firms to respond to radical uncertainty by recursively crafting solutions to problems that emerge in dynamic digital markets over time.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41969217","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
Where is the evidence in evidence-based law reform? 循证法改革的证据在哪里?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.31222/osf.io/698ze
J. Chin, S. Nakagawa, M. Lagisz
{"title":"Where is the evidence in evidence-based law reform?","authors":"J. Chin, S. Nakagawa, M. Lagisz","doi":"10.31222/osf.io/698ze","DOIUrl":"https://doi.org/10.31222/osf.io/698ze","url":null,"abstract":"Law reform bodies frequently express a commitment to evidence-based law and policy recommendations. They also readily endorse the importance of the transparency and democratization of their processes. They do not, however, connect these two goals of evidence-based policy and transparency. This stands in contrast to the ongoing revolution in several fields of research towards open science and synthesis, which envisions transparency and open access as a means to improve the reliability of science. In this article, we suggest that several recent concerns and controversies surrounding evidence-based law reform, such as allegations of bias among officials, can be addressed through open science and synthesis. We include a novel study of 22 research syntheses commissioned by the Royal Commission into Institutional Responses to Child Sexual Abuse, finding uneven adoption of even the most basic transparency measures. We end with five proposals that advance transparent evidence-based law reform, including law reform bodies requiring that commissioned reports follow basic reporting guidelines and greater disciplinary diversity among law reform staff.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48910076","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: 3
To Boldly Go, Part I: Developing a Specific Legal Framework for Assessing the Regulation of International Data Trade under the CISG 大胆前行，第一部分:制定评估《销售公约》下国际数据贸易监管的具体法律框架
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-09-01 DOI: 10.53637/cbtf8485
B. Hayward
{"title":"To Boldly Go, Part I: Developing a Specific Legal Framework for Assessing the Regulation of International Data Trade under the CISG","authors":"B. Hayward","doi":"10.53637/cbtf8485","DOIUrl":"https://doi.org/10.53637/cbtf8485","url":null,"abstract":"The United Nations Convention on Contracts for the International Sale of Goods (‘CISG’) is an international sales law treaty concluded in 1980. Given its vintage, the CISG was drafted with traditional (physical) goods trade in mind. A significant body of scholarship has addressed the CISG’s capacity to govern electronic software transactions. However, only limited commentary has explored its digital application beyond software per se. This article develops a specific legal framework for assessing the CISG’s capacity to regulate international trade in non-software data: a framework so far missing from existing scholarship. ‘To Boldly Go, Part II’, this article’s counterpart, will go on to apply this framework to non-software data trade. Collectively, these articles establish that the CISG is capable of governing not only software trade (as previously established) but also trade in non-software data: a category of trade becoming increasingly economically important.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":" ","pages":""},"PeriodicalIF":1.3,"publicationDate":"2021-09-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"48335122","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
Legal challenges to ICU triage decisions in the COVID-19 pandemic: How effectively does the law regulate bedside rationing decisions in Australia? COVID-19大流行期间ICU分诊决定面临的法律挑战:法律如何有效地规范澳大利亚的床边配给决定?
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-08 DOI: 10.53637/FSJG1698
Eliana Close, Simon N. M. Young, Tina Cockburn, L. Willmott, B. White
{"title":"Legal challenges to ICU triage decisions in the COVID-19 pandemic: How effectively does the law regulate bedside rationing decisions in Australia?","authors":"Eliana Close, Simon N. M. Young, Tina Cockburn, L. Willmott, B. White","doi":"10.53637/FSJG1698","DOIUrl":"https://doi.org/10.53637/FSJG1698","url":null,"abstract":"The COVID-19 pandemic has raised the difficult question of how to ration scarce intensive care resources when a health system is overwhelmed. Despite substantial ethical scholarship addressing these rationing decisions, little is known about the legal position in Australia. This article considers various legal challenges in response to a clinical scenario denying intensive care admission and a ventilator to a critically ill patient with COVID-19. The article considers key challenges in negligence, criminal law, administrative law, human rights law, and under the parens patriae jurisdiction and guardianship legislation, and how they would apply to this scenario. The article concludes that while there are many obstacles to a successful legal challenge, the law can provide important scrutiny and guidance in the design of decision-making processes and triage policies. To adequately protect individual interests, the article supports calls in the ethical literature to make these policies transparent for public scrutiny. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"9-58"},"PeriodicalIF":1.3,"publicationDate":"2021-04-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41360102","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
The australian government’s use of the military in an emergency and the constitution 澳大利亚政府在紧急情况下动用军队与宪法
IF 1.3
UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL Pub Date : 2021-04-01 DOI: 10.53637/JJZV8883
A. Gray
{"title":"The australian government’s use of the military in an emergency and the constitution","authors":"A. Gray","doi":"10.53637/JJZV8883","DOIUrl":"https://doi.org/10.53637/JJZV8883","url":null,"abstract":"Australia has recently endured a very trying bushfire season and is currently enduring a worldwide pandemic with COVID-19. These events raise very significant legal issues, including the powers of the federal government to deal with emergency situations. A particularly noteworthy feature of the federal government’s response to these crises has been the use of Defence Force personnel to implement its policy decisions. This article considers the federal government’s powers to respond to emergency situations, including the use of the military. © 2021, University of New South Wales Law Journal. All rights reserved.","PeriodicalId":45951,"journal":{"name":"UNIVERSITY OF NEW SOUTH WALES LAW JOURNAL","volume":"44 1","pages":"355-391"},"PeriodicalIF":1.3,"publicationDate":"2021-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44389189","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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