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The Inconsistency of the 'Lawful Correction' of Children Defence with Queensland's New Human Rights Act 儿童辩护的“合法纠正”与昆士兰新人权法的不一致
The University of Queensland law journal Pub Date : 2023-01-25 DOI: 10.38127/uqlj.v41i3.6439
Sienna McInnes-Smith
{"title":"The Inconsistency of the 'Lawful Correction' of Children Defence with Queensland's New Human Rights Act","authors":"Sienna McInnes-Smith","doi":"10.38127/uqlj.v41i3.6439","DOIUrl":"https://doi.org/10.38127/uqlj.v41i3.6439","url":null,"abstract":"Despite persistent criticism from international human rights bodies and experts, Queensland continues to permit the ‘lawful correction’ of children as a defence to criminal offences committed against them. The recent introduction of a human rights framework in Queensland further highlights the disconnect between the State’s correction defence, contemporary understanding of the deleterious effects of physically punishing children, and children’s human rights principles. This article examines this disconnect and the consistency of the Queensland defence with the Human Rights Act 2019 (Qld). To this end, it outlines the current position in the medical and psychological literature that corporal punishment has severe consequences for children. It also explains the scope of the Queensland defence and compares it to other Australian jurisdictions. The article then turns to an analysis of the consistency between the defence and the Human Rights Act. It concludes that the defence repudiates human rights guarantees in Queensland, as well as the international framework for children’s rights, and identifies avenues for reform.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-01-25","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47497412","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
Native Title Rights to Take Resources 原住民取得资源的所有权
The University of Queensland law journal Pub Date : 2022-12-08 DOI: 10.38127/uqlj.v41i3.6255
Catriona Stride
{"title":"Native Title Rights to Take Resources","authors":"Catriona Stride","doi":"10.38127/uqlj.v41i3.6255","DOIUrl":"https://doi.org/10.38127/uqlj.v41i3.6255","url":null,"abstract":"Native title rights to take resources for unconstrained or commercial purposes were first recognised almost a decade ago, but the significance and uptake of such rights in Australia is now heightened. Resource ownership and management are critical components of global sustainable development and Indigenous interest holders play a key role in that space. The gradual acceptance of resource use by traditional owners in a modern economy reflects more developed trends overseas such as in Canada. Reluctance to concede the commercial exercise of native title rights may be due not only to evidential thresholds (required by state governments to enter consensual determinations), but also concerns about the possible consequential legal impacts for those governments and other interest holders. This article considers potential consequences of recognising native title rights to take resources for any purpose in several developing areas of native title jurisprudence including: quantum of native title compensation, the regulation of native title under resource management legislation enacted since the Native Title Act 1993 (Cth), competing claims to resource ownership and use, and the risks for government where prior assumptions of resource ownership are displaced by determined native title.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41868039","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
What Did Queenslanders Think of Human Rights in 2021? 2021年昆士兰人对人权的看法?
The University of Queensland law journal Pub Date : 2022-11-22 DOI: 10.38127/uqlj.v41i3.6245
S. Joseph, Susan Gail Harris Rimmer, Lane Christian
{"title":"What Did Queenslanders Think of Human Rights in 2021?","authors":"S. Joseph, Susan Gail Harris Rimmer, Lane Christian","doi":"10.38127/uqlj.v41i3.6245","DOIUrl":"https://doi.org/10.38127/uqlj.v41i3.6245","url":null,"abstract":"In late July 2021, we conducted a survey of attitudes to human rights in Queensland, as well as to the new Human Rights Act 2019 (Qld). Our empiric research questions include: what are community attitudes to human rights; how do people perceive the level of respect and protection for human rights in Queensland; how do attitudes differ between certain demographic groups regarding human rights and the enjoyment of those rights in Queensland; how well does the public know the Human Rights Act, and how should human rights be enforced in Queensland? Our overall question addresses how these results may guide recommendations for human right policy moving forward, including the implementation of legislation in a manner that promotes and protects human rights at a community level.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45572079","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
A Critique of the Theory of Comparative Propensity 比较倾向理论批判
The University of Queensland law journal Pub Date : 2022-11-20 DOI: 10.38127/uqlj.v41i3.6357
Peter Robinson
{"title":"A Critique of the Theory of Comparative Propensity","authors":"Peter Robinson","doi":"10.38127/uqlj.v41i3.6357","DOIUrl":"https://doi.org/10.38127/uqlj.v41i3.6357","url":null,"abstract":"The law of propensity evidence is in a state of flux in Australia as various State jurisdictions decide on their responses to recommendations of the Royal Commission Into Institutional Responses to Child Sexual Abuse.  Controversy persists about the probative value of such evidence, not limited to child sexual assault cases. An influential theory in this area is the theory of comparative propensity, advocated by Professor Hamer, and approved in a qualified way by the Royal Commission.  The theory employs a mathematical model based on Bayes’ equation to estimate the probative value of such evidence. This article critiques the theory and concludes that it does not reflect the real world factors that impact the probative value of such evidence.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45237574","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
Renegotiation in the Real World: A Study of Australian Small to Medium-Sized Enterprises, Contract Variation, and the Law 现实世界中的再谈判——澳大利亚中小企业、合同变更与法律研究
The University of Queensland law journal Pub Date : 2022-11-16 DOI: 10.38127/uqlj.v41i3.6429
M. Giancaspro
{"title":"Renegotiation in the Real World: A Study of Australian Small to Medium-Sized Enterprises, Contract Variation, and the Law","authors":"M. Giancaspro","doi":"10.38127/uqlj.v41i3.6429","DOIUrl":"https://doi.org/10.38127/uqlj.v41i3.6429","url":null,"abstract":"The small to medium-sized enterprise (SME) sector is the largest and most productive in Australia. Like all established market-based economies, ours is characterised by the use of contracts as a mechanism for exchange. Contracts often require variation in response to variables such as under-pricing, resource availability, changes in scope, and rising product costs, so SMEs (and larger businesses) will frequently encounter the process of renegotiation. The rules applicable to contract renegotiation seldom receive attention in academic writing. Moreover, the attitudes toward, understandings of, and experiences with the doctrine of renegotiation among Australian SMEs are scarcely researched. This article expounds the law of renegotiation before reporting on selected findings from a largescale empirical study designed to fill these knowledge gaps, among others, in the literature. The results provide invaluable insight into how this critically important sector perceives and deals with contract law and the doctrine of renegotiation and underscores potential areas for improvement.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47976830","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
Australian Law During COVID-19 新冠肺炎期间的澳大利亚法律
The University of Queensland law journal Pub Date : 2022-08-29 DOI: 10.38127/uqlj.v41i2.5943
B. Bennett, B. Lewis, E. Dickson, Shih-Ning Then, Kelly Purser
{"title":"Australian Law During COVID-19","authors":"B. Bennett, B. Lewis, E. Dickson, Shih-Ning Then, Kelly Purser","doi":"10.38127/uqlj.v41i2.5943","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.5943","url":null,"abstract":"This article focuses on the interests of older Australians during the COVID-19 pandemic. It analyses the implications of the pandemic for older Australians from a human rights perspective, recognising the need to understand ageing as a process that occurs throughout life. Although we focus on the interests of older Australians, defining what is meant by ‘older’ can be challenging. Furthermore, there are complex social discourses around ageing. While there is no Convention on the Rights of Older Persons, international human rights law is relevant to the rights of older persons. We analyse international human rights law, Australian human rights law, and Australian antidiscrimination law in terms of their relevance to the rights of older persons in the context of the COVID-19 pandemic. With social distancing a key feature of the pandemic, we also consider the impact of social isolation on older persons and the potential for technology to assist in overcoming social isolation. Finally, we analyse current Australian laws relating to participation of individuals in research where capacity has been lost or is diminishing. \u0000 ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45509008","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
Pairing International Taxation and Conflict of Laws: Common Challenges and Reciprocal Lessons 国际税收配对与法律冲突：共同挑战与相互借鉴
The University of Queensland law journal Pub Date : 2022-08-15 DOI: 10.38127/uqlj.v41i2.6109
Sagi Peari, Nolan Sharkey
{"title":"Pairing International Taxation and Conflict of Laws: Common Challenges and Reciprocal Lessons","authors":"Sagi Peari, Nolan Sharkey","doi":"10.38127/uqlj.v41i2.6109","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.6109","url":null,"abstract":"This article explores the relationship between two legal fields which represent the legal backbone of contemporary cross-border and Internet commercial activity: conflict of laws and international taxation. Despite the growing significance of the two fields of law, legal scholarship has yet to explore their intriguing relationship. Which state can levy tax on a multi-billion-dollar Delaware (US) corporation with headquarters in London (UK) that sells $500,000,000 worth of products to Australian consumers each year? Which law should adjudicate an online contract between a NSW corporation and a German corporation, signed online and addressing the delayed delivery of goods in Brazil due to the coronavirus outbreak? Despite the paramount significance of both disciplines, their traditional underpinnings appear to be fundamentally challenged and pressed by the realities of COVID-19, dynamic commerce and the digital environment. Our cross-disciplinary partnership aims to design a unifying conceptual framework that captures the essentials of both disciplines. Through reciprocal lessons, this framework will help address the uncertainty in both disciplines.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46471143","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
A Review of the New Legislative Definition of Consent in Queensland 昆士兰同意的新立法定义述评
The University of Queensland law journal Pub Date : 2022-08-09 DOI: 10.38127/uqlj.v41i2.6133
James Duffy, Kelley Burton
{"title":"A Review of the New Legislative Definition of Consent in Queensland","authors":"James Duffy, Kelley Burton","doi":"10.38127/uqlj.v41i2.6133","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.6133","url":null,"abstract":"This article examines recent amendments to the definition of consent in the Queensland Criminal Code, with a view to recommending amendments to the Western Australian Criminal Code. Comparative and doctrinal methodology are used to identify shortcomings in the definition of consent in the Western Australian Code, and how these might be remedied. Given the different origins and form of criminal law across Australian states and territories, the definition of consent has naturally varied. In some instances, these variations are semantic, and the content of the law is uniform. In other cases, interpretive ‘grey areas’ exist, with the very real consequence that the concept and content of ‘consent’ may operate differentially across state borders. Given the shared genesis (and current similarity) of the Queensland and Western Australian Criminal Codes, there are few reasons for their definitions of consent to vary in form and substance.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"42845624","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
Access to Anthropological Evidence and Documents Created in Native Title Litigation 获取原住民所有权诉讼中创建的人类学证据和文件
The University of Queensland law journal Pub Date : 2022-08-03 DOI: 10.38127/uqlj.v41i2.6081
A. Moss
{"title":"Access to Anthropological Evidence and Documents Created in Native Title Litigation","authors":"A. Moss","doi":"10.38127/uqlj.v41i2.6081","DOIUrl":"https://doi.org/10.38127/uqlj.v41i2.6081","url":null,"abstract":"Documents are critical in native title litigation. This article explores the different methods of, and common problems encountered when, accessing such documents. By examining recent decisions dealing with the ‘Hearne v Street obligation’, non-party access requests, and legal professional privilege, this paper explores how the Court has grappled with the translation of general principles of practice to the unique context of native title litigation. It observes the Court has refused to create special native title rules, but rather has pragmatically applied general principles to native title matters on a case-by-case basis. Accordingly, close attention to these judicial developments is necessary, lest the interests of one’s clients, or of First Nations persons, be adversely affected by inappropriate document disclosure. ","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-08-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47183041","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 Legality of Calf Roping in Australia 澳大利亚套小牛的合法性
The University of Queensland law journal Pub Date : 2022-05-02 DOI: 10.38127/uqlj.v41i1.6481
Morgan Stonebridge
{"title":"The Legality of Calf Roping in Australia","authors":"Morgan Stonebridge","doi":"10.38127/uqlj.v41i1.6481","DOIUrl":"https://doi.org/10.38127/uqlj.v41i1.6481","url":null,"abstract":"Public concern for the welfare of animals used in rodeo events is growing. Much of this concern is directed at the event of calf roping, an event that involves chasing, lassoing and throwing a calf to the ground. In all Australian jurisdictions, pain inflicted on animals is subject to a requirement that the pain not be unjustifiable or unnecessary. Typically, pain caused to animals can be justified if it provides human benefit. Legislatures in Australian states and territories have excluded calf roping from this assessment, which to some extent implies that the practice meets the standard. Accordingly, this article utilises the Ford v Wiley proportionality test to determine whether the harm inflicted on calves is justified in the light of the purported benefits of the practice. It argues that the harm caused is not proportionate to the benefits and, as a result, that all Australian jurisdictions should explicitly prohibit the practice.","PeriodicalId":83293,"journal":{"name":"The University of Queensland law journal","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-02","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46903867","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: 2
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