Legislation and statutory interpretation

A clear and accessible guide to one of the most important skills all students of law must master: the skill of understanding legislation. The authors provide an engaging overview of important aspects of the legislative process, its application and interpretation, together with examples questions and excerpts of relevant legislation. This book is specifically designed for students studying the statutory process and statutory interpretation or anyone interested in knowing more about this subject.

Sex offender risk assessment : consideration of human rights in community protection legislation

ObjectivesRisk assessments provided to judicial decision makers as a part of the current generation of legislation for protecting the public from sexual offenders can have a profound impact on the rights of individual offenders. This article will identify some of the human rights issues inherent in using the current assessment procedures to formulate and communicate risk as a forensic expert in cases involving civil commitment, preventive detention, extended supervision, or special conditions of parole. MethodBased on the current professional literature and applied experience in legal proceedings under community protection laws in the United States and New Zealand, potential threats to the rights of offenders are identified. Central to these considerations are issues of the accuracy of current risk assessment measures, communicating the findings of risk assessment appropriately to the court, and the availability of competent forensic mental health professionals in carrying out these functions. The role of the forensic expert is discussed in light of the competing demands of protecting individual human rights and community protection. ConclusionActuarial risk assessment represents the best practice for informing judicial decision makers in cases involving sex offenders, yet these measures currently demonstrate substantial limitations in predictive accuracy when applied to individual offenders. These limitations must be clearly articulated when reporting risk assessment findings. Sufficient risk assessment expertise should be available to provide a balanced application of community protection laws.

Healthcare identifiers legislation : a whiff of Fourberie

The Healthcare Identifiers Bill 2010 (Cth), which will establish “the national e-health Healthcare Identifiers Service to provide that patients, healthcare providers and provider organisations can be consistently identified”, is in the process of being enacted by the Australian Federal Parliament. The legislation will enable the government to assign to each “healthcare recipient” a 26-digit electronic “Healthcare Identifier”, which will be accessible, with or without the recipient’s consent, to a broad range of health care service providers as well as other entities. The individual Healthcare Identifier file will initially contain such identifying information as, where applicable, the Medicare number and/or the Veterans’ Affairs number; name; address; gender; date of birth; and “the date of birth accuracy indicator”, presumably birth certificate. However, since each “service” provided by a health care provider to a health care recipient will be automatically recorded on each individual’s Healthcare Identifier file, in time these electronic files should contain a full record of such services or contacts. Moreover, the Healthcare Identifiers are considered a “key” to, or a “foundation stone” for, the implementation of the shared electronic health records scheme, because they will enable linkage with and retrieval of each patient’s clinical records throughout the health care service system. However, there has been virtually no discussion about the legal, ethical and social implications of this legislation.

澳大利亚的民主和公民权

With the granting of the franchise to white men and women in 1902, Australia became one of the first mass electoral democracies. When the early federal governments passed innovative social and economic legislation, Australia also laid claim to being, or at least becoming, a social democracy. Nonetheless, these achievements built upon an earlier record of political, social, and economic reform in the Australian colonies. This paper offers a brief history of the evolution of Australian democracy that takes account of the interactions between institutional change and political struggles for citizenship rights. The process of democratisation has not been uniform, either in its evolution or scope, and the outcomes for citizens have been uneven. Where liberal and social democratic principles generally predominate, these remain in constant tension with more authoritarian tendencies, which then become a focus for resistance from individual citizens, organised labour, and social movements. Democratisation in Australia, as in many countries, is a process that inevitably involves conflict, not only over the character of its political and legal institutions, but also over who is to be included or excluded as citizens, and the rights and responsibilities of citizenship.

Giving the people a voice? Experiments with consultative authoritarian institutions in China

In the last decade Chinese consultative authoritarianism has been renewed through many political and administrative innovations and tools. Authoritarian rule in China is now permeated by a wide variety of consultative and deliberative practices. These practices stabilize and strengthen authoritarian rule, leading to deliberative authoritarianism, an advanced form of consultative authoritarianism. This paper discusses two experiments—deliberative polling at Zeguo, Zhejiang, and a township election in Ya'an, Sichuan. Through these two cases we examine the direction which the development of consultative authoritarianism is presently taking, and the potentials and limitations of such input mechanisms in an authoritarian setting.

Regulatory design strategies and enforcement approaches for research involving human embryos and cloning in Australia and the United Kingdom – time for a change.

This paper examines regulatory design strategies and enforcement approaches in the context of the UK and Australia’s regulation of research involving human embryos and cloning. The aim is to discuss current regulation in view of the impending review of the Research Involving Human Embryos Act 2002 (Cth) and the Prohibition of Human Reproductive Cloning Act 2002 (Cth). It is argued that the type of regulation used in relation to those who are licensed to research in Australia is unsuitable due to an over-emphasis on deterrence and the authoritarian approach taken by regulatory bureaucracies. The cost and efficiency of the current system is also questioned. The central thesis is that a co-regulatory system that combines the existing framework legislation with self-regulation should be adopted for licence holders. Such regulation of licence holders should include responsive regulatory strategies. ‘Command and control’ design strategies and deterrence approaches present in the current regulatory systems for breaches of legislation by non-licence holders and serious breaches by licence holders should be maintained.

A comparative analysis of Australian sex offender legislation for sex offender registries

Australia has followed the course taken by other English-speaking countries in recent years of enacting legislation that requires convicted sexual offenders to register personal details with law enforcement agencies. These laws have been enacted to protect the public from the perceived threat posed by sex offenders, but have been written with little apparent reference to the available research literature about the nature and extent of this threat. In addition, there is no empirical evidence supporting the effectiveness of legislatively based sex offender registries to either reduce sexual offending or to enable the police to investigate sex crimes and apprehend offenders. This article compares and contrasts the current laws governing sex offender registration enacted by the various states and territories in Australia, and offers a critical analysis of their provisions in light of the research literature on sexual offending.

Authoritarian deliberation : the deliberative turn in Chinese political development

Authoritarian rule in China is now permeated by a wide variety of deliberative practices. These practices combine authoritarian concentrations of power with deliberative influence, producing the apparent anomaly of authoritarian deliberation. Although deliberation is usually associated with democracy, they are distinct phenomena.Democracy involves the inclusion of individuals in matters that affect them through distributions of empowerments such as votes and rights. Deliberation is a mode of communication involving persuasion-based influence. Combinations of non-inclusive power and deliberative influence—authoritarian deliberation— are readily identifiable in China, probably reflecting failures of command authoritarianism under the conditions of complexity and pluralism produced by market-oriented development. The concept of authoritarian deliberation frames two possible trajectories of political development in China: the increasing use of deliberative practices stabilizes and strengthens authoritarian rule, or deliberative practices serve as a leading edge of democratization.