Prosecuting corporations and officers for industrial manslaughter-recent Australian developments

There have been concerns for some time about whether breaches of duty that cause a worker's death are appropriately dealt with under occupational health and safety legislation, or whether criminal prosecution is warranted in those cases involving recklessness or gross negligence. Defaulting employers are rarely prosecuted under existing criminal laws and there are serious doctrinal barriers to finding a corporation guilty of mens rea offences.
The Australian Capital Territory leads the way in Australia with the recent introduction of new criminal offences of industrial manslaughter for corporations and their senior officers. These laws rely on concepts of corporate liability based on organisational responsibility and corporate culture in the model Criminal Code Act 1995 (Cth) , thus avoiding the limitations of the identification doctrine. Other active Australian jurisdictions, whilst initially open to the notion of industrial manslaughter laws, have preferred to make changes to existing OHS laws to deal with the problem of workplace fatalities.
Whilst it has its limitations, and applies only in Australia's smallest jurisdiction, the Australian Capital Territory legislation reflects a commitment to treating workplace deaths with the seriousness they deserve, and making it easier to prosecute corporations whose operations are conducted recklessly or with gross negligence.

Labour and economic development: emerging issues in developing Asia

Contents:
Child labour and economic development : emerging issues in developing Asia /​ Gamini Herath and Kishor Sharma
Child labour in developing countries : review of theoretical and : empirical issues /​ Gamini Herath
Cumulative causation as explanation and policy base for child labour /​ G. Bamberry
Child labour : an integrated approach /​ Manohar Pawar
Trade, growth and child labour practices in South Asia /​ Kishor Sharma
An overview of child labour laws, prevention strategies and assessment of their effectiveness in Bangladesh /​ Jesmul Hasan
An overview of child labour in India /​ Subhashini Subbaraman and Harald von Witzke
Child labour in India : a critical evaluation of four issues /​ Anna Pinto
Prevention of child labour in Nepal : an overview of strategy and effectiveness
Chiranjibi nepal
Prevention of child labour in Pakistan : analysis of strategy and effectiveness /​ Shafqat Munir and Hassan Mangi
Issues relating to prevention of child labour in Sri Lanka /​ Nisha Arunatilake and Roshani de Silva.

Child labour in developing countries: review of theoretical and empirical issues

Contents:Child labour and economic development : emerging issues in developing Asia /​ Gamini Herath and Kishor Sharma
Child labour in developing countries : review of theoretical and : empirical issues /​ Gamini Herath
Cumulative causation as explanation and policy base for child labour /​ G. Bamberry
Child labour : an integrated approach /​ Manohar Pawar
Trade, growth and child labour practices in South Asia /​ Kishor Sharma
An overview of child labour laws, prevention strategies and assessment of their effectiveness in Bangladesh /​ Jesmul Hasan
An overview of child labour in India /​ Subhashini Subbaraman and Harald von Witzke
Child labour in India : a critical evaluation of four issues /​ Anna Pinto
Prevention of child labour in Nepal : an overview of strategy and effectiveness
Chiranjibi nepal
Prevention of child labour in Pakistan : analysis of strategy and effectiveness /​ Shafqat Munir and Hassan Mangi
Issues relating to prevention of child labour in Sri Lanka /​ Nisha Arunatilake and Roshani de Silva.

GST legislation plus 2002 : featuring key sectional commentary and cross-references

A unique annual legislation book that makes understanding, interpreting and applying the evolving GST legislation easier for all practitioners.

GST legislation plus 2003 : featuring key sectional commentary and cross-references

A unique annual legislation book that makes understanding, interpreting and applying the evolving GST legislation easier for all practitioners.

Extended supervision of sexual offenders in Australia and New Zealand : differences in implementation across jurisdictions

Australia and New Zealand have joined the movement of many Western societies in recent years to address a perceived gap in public safety by passing legislation allowing for extended supervision of sex offenders in the community after their release from prison. The Australian State of Victoria passed a law similar to that of New Zealand, and both laws have now been in effect for a similar period of time. Yet despite having comparable laws and approximately comparable base populations, there have been 145 extended supervision orders imposed in New Zealand and 20 such orders in Victoria. This article examines the differences in implementation and the underlying procedures used in the two jurisdictions to understand these very different outcomes. Implications for professional practice, ethics, public safety, and policy development are discussed.

Australian property investment advice : an unregulated industry and the need for better consumer protection laws

Currently, consumers have no means of protecting themselves when they are looking for property investment advice in Australia. There is no uniform national or State regulation in the property investment advice and marketeering industry. The only protection and remedies currently available are those under the general consumer protection laws scattered in various Acts, and even so, these have numerous problems. This paper highlights what those problems are under the general consumer protection laws and suggests some changes to the current system. The paper also argues that a national co-operative approach is the only way to move forward in this area and suggests that the constitutional difficulty can be overcome by using the legislative conferral of state powers provision, which has often been overlooked. The paper also argues that a new regulator be set up to administer and enforce the new proposed laws on property investment advice.

An examination of Australia's insider trading laws

Considers that the effective regulation of insider trading is desirable in order to maintain investor confidence in Australia's share markets. Although the current laws and the use of continuous disclosure provide a workable foundation, the thesis further considers the ways in which insider trading may be more effectively regulated and prosecuted in Australia.

A.R.T., surrogacy and legal parentage : a comparative legislative review

This is one of three Occasional Papers published by the Victorian Law Reform Commission as part of the Commission's work on assisted reproduction and adoption. A central issue which arises in the context of assisted reproduction is how to recognise and protect the best interests of children who are conceived through assisted reproduction. The three Occasional Papers deal with different aspects of this question. This Paper examines how laws in the other Australian states, and in the United States, United Kingdom and Canada regulate access to assisted reproduction, control the use of surrogacy and deal with issues relating to parentage of children conceived through assisted reproduction. Generally, this legislation gives priority to protecting the best interests of children, but the way in which this is done varies considerably.

Special sauce in sesame seed buns: legal strategy and public policy in the fast-food industry

Lewis Bertly, a top lawyer with leading London law firm LL&B, is retained to defend a case with the potential to change the laws that affect fast-food marketing. Through its Department of Health, the Government of Australia seeks legislation for warning labels on fast-food packaging. To prepare a potential defense against this legal action for McDonald's Bertly is reviewing the history of legal action against the industry in fast-food labeling, nutrition and health. This history is important because the industry's actions through the decades in food nutrition and marketing are likely to be raised as evidence. He also hopes this will help him find a framework to map the way social expectations, a company's innovation, the legal system, and legislation combine to shape an industry. What he learns from this history and especially about the market leader, McDonald's, will inform how the defense approaches this case.

The state of legislation and policy protecting Australia's mangrove and salt marsh and their ecosystem services

Saline coastal wetlands, such as mangrove and coastal salt marsh, provide many ecosystem services. In Australia, large areas have been lost since European colonization, particularly as a result of drainage, infilling and flood-mitigation works, often starting in the mid-19th century and aimed primarily towards converting land to agricultural, urban or industrial uses. These threats remain ongoing, and will be exacerbated by rapid population growth and climate change in the 21st century. Establishing the effect of wetland loss on the delivery of ecosystem services is confounded by the absence of a nationally consistent approach to mapping wetlands and defining the boundaries of different types of coastal wetland. In addition, climate change and its projected effect on mangrove and salt marsh distribution and ecosystem services is poorly, if at all, acknowledged in existing legislation and policy. Intensifying climate change means that there is little time to be complacent; indeed, there is an urgent need for proper valuation of ecosystem services and explicit recognition of ecosystem services within policy and legislation. Seven actions are identified that could improve protection of coastal wetlands and the ecosystem services they provide, including benchmarking and improving coastal wetland extent and health, reducing complexity and inconsistency in governance arrangements, and facilitating wetland adaptation and ecosystem service delivery using a range of relevant mechanisms. Actions that build upon the momentum to mitigate climate change by sequestering carbon – ‘blue carbon’ – could achieve multiple desirable objectives, including climate-change mitigation and adaptation, floodplain rehabilitation and habitat protection.

The law of insider trading in Australia

This book provides a detailed and practical analysis of Australian insider trading laws. The work: examines all fundamental concepts relating to insider trading such as 'who is an insider', 'what is inside information' and 'when is information generally available', together with commentaries on proposed changes to the laws and an examination of the impact of the most recent decisions, including Hannes, and Rivkin; provides a very detailed examination of the defences and exceptions, with particular attention to the operation of Chinese Walls; analyses fully and systematically the provisions on insider trading in the Corporations Act and the Criminal Code (Cth) within the context of decided cases and relevant secondary materials; covers comprehensively the penalties and remedies for contravention of the insider trading regime (including the intricate civil compensation provisions, and an up-to-date analysis of the civil penalties regime in light of ASIC v Petsas); and discusses the operation and effectiveness of continuous disclosure as a means of preventing insider trading.

Can you seek security for costs in international arbitration in Australia

International arbitrations can be conducted under either federal or State legislation in Australia. In both cases complexities arise in the resolution of procedural questions, such as whether security for costs can be granted. There is scant Australian case law on such issues. This article considers whether an arbitral tribunal or a court has the power [*2] to order security for costs in an international arbitration in Australia. After analysing Australia's international arbitration laws and discussing New Zealand and House of Lords' authority, it is argued that unless the parties have specifically empowered the arbitral tribunal to order security for costs, only the relevant court has that power, and even that is uncertain.

A comparative analysis of opinions of Americans, Australians and Malaysians on the use of biometric devices in workplaces for security and monitoring of worker productivity

Since the September 11, 2001 terrorist attacks in New York, the use of biometric devices such as fingerprint scans, retina and iris scans and facial recognition in everyday situations for national security and border control, have become commonplace. This has resulted in the biometric industry moving from being a niche technology to one that is ubiquitous. As a result. more and more employers are using biometrics to secure staff access to their facilities as well as for tracking staff work hours, maintaining 'discipline' and carry out surveillance against thefts. detecting work hour abuses and fraud. However, the data thus collected and the technologies themselves are feared of having the potential for and actually being misused - both in terms of the violating staff privacy and discrimination and oppression of targeted workers. This paper examines the issue of using biometric devices in organisational settings their advantages, disadvantages and actual and potential abuses from the point of view of critical theory. From the perspectives of Panoptic surveillance and hegemonic organisational control, the paper examines the issues related to privacy and identification, biometrics and privacy, biometrics and the 'body', and surveillance and modernity. The paper also examines the findings ofa survey carried out in Australia. Malaysia and the USA on respondents' opinions on the use of biometric devices in everyday life including at workplaces. The paper concludes that along with their applications in border control and national security, the use of biometric devices should be covered by relevant laws and regulations. guidelines and codes of practice. in order to balance the rights to privacy and civil liberties of workers with employers' need for improved productivity, reduced costs, safeguards related to occupational health and safety, equal opportunity, and workplace harassment of staff and other matters, that employers are legally responsible for.