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.

Experiences of the stolen generation : laws and inequalities

Examines the inequalities of the Aboriginal Australian and politics, government, history, legal status and the effects of Aboriginal institutions in Western Australia. The researcher found that the destruction and disappearance of documents, files and records greatly impacted the thesis.

An algebraic framework for multimodal image fusion

This thesis presents an algebraic framework for multimodal image fusion. The framework derives algebraic constructs and equations that govern the fusion process. The derived equations serve as objective functions according to which image fusion algorithms and metrics can be tuned. The equations also prove the duality between image fusion algorithms and metrics.

Risk assessment with female sex offenders : can women meet the criteria of community protection laws?

Although females represent a small proportion of the sex offender population, they occasionally appear before the courts under the current generation of laws intended to protect the public from high-risk sex offenders. In this context, practitioners are called upon to provide assessment of the risk these women pose for sexual re-offending. The primary issues addressed in this paper are related to the validity of conducting such risk assessments and providing professional opinions as to the risk of further sexual offences that may be committed by female offenders. The approach taken is to summarize briefly the available professional literature regarding female sex offenders, and then to present the findings of the relatively few empirical studies that address sexual recidivism in females. The final section examines the positions taken in the published works of various international experts regarding risk assessment with females, followed by conclusions and recommendations in light of the standards typically prescribed by community protection laws.

Remedies in equity : the laws of Australia

A clear and simple overview of key remedies in equity. Extensive case examples and factual discussion complement a thorough examination of established principles. This includes coverage of the latest judicial decisions and any statutory modification of the remedies in equity. Wright, University of Adelaide; Hepburn, Deakin University.

Operation of guardianship laws in the emergency ward

Enduring and workable legislative schemes typically include (a) a balanced approach to the rights and duties of all parties under their purview; and (b) consideration of all major consequences that may flow from the codification of underpinning doctrines. This column examines the 1999 amendments to the Guardianship and Administration Act 1986 (Vic) regulating patients’ consent to medical treatment focusing on their application in modern emergency departments. The legislation needs to reconcile the human rights principle that humane and appropriate treatment is a fundamental right of all those who suffer from ill health and disease, with the principle that all patients (including those with impaired, but not totally absent, decisional capacity) have an absolute right to refuse life-saving treatment. Consent and refusal of treatment provisions should be based on the notion of reasonableness, including recognition that the mental and emotional states experienced by physically ill people may, in the short term, adversely affect their decision-making capacity. Unless the consent legislation factors in the realities of modern emergency practice and resources, statutory thresholds for decisional competence, instead of affording protection, may result in much worse outcomes for vulnerable patients.

Tough, tougher, toughest? A new government’s approach to sentencing laws in Victoria

When in opposition, Victoria¹s Liberal/National coalition made a number of commitments to be 'tough on crime'. After winning the 2010 state election, the Government arguably reformed sentencing laws more quickly and more substantially in its first year of office than any other area of policy, with several key initiatives delivered or in train.

The Victorian experience exemplifies fast and forceful responses to perceived risks to community safety by new Australian Governments. While some political leaders have decried the 'law and order auction' approach by political parties, it remains a real tool in political discourse.

Some of these initiatives appear inconsistent with fundamental sentencing principles, and are designed more to address public perceptions which are disconnected from the realities of criminality and incidence of offending. A more appropriate basis for criminal justice policy may require Government to prioritise addressing the causes of offending behavior, rather than penalising consequences.

Russia’s anti-gay laws: the politics and consequences of a moral panic

The issue of LGBT rights in Russia first properly came to mainstream international attention in March 2012, when the St Petersburg Duma passed a law prohibiting “public acts aimed at the propaganda of sodomy, lesbianism, bisexualism and transgenderism amongst minors“. The law provoked an international outcry, including calls for tourists to boycott St Petersburg, sister-cities to consider cut off ties with Russia’s “window on Europe”, and condemnation from the EU, with the European Parliament passing a resolution noting that it was “gravely concerned by developments which restrict freedom of expression and assembly on the basis of misconceptions about homosexuality and transgenderism” and calling on Russia and other countries considering the adoption of similar legislation to “demonstrate, and ensure respect for, the principle of non-discrimination”.

Putting traditional values into practice: Russia’s anti-gay laws

This article examines the rise of so-called anti-gay laws in Russia as a response to international Russian-led support for using “traditional values” as the foundation for human rights norms. Viewed in this way, a logic of moral sovereignty emerges that purports to offer a compromise between international human rights obligations and local socio-cultural norms. However, in the case of anti-gay laws, moral panic over LGBTQ people has made homophobia a political proxy for understandings of traditional values, in the process implicitly legitimizing homophobic violence and discrimination, and setting a dangerous precedent for traditional values to be invoked as a justification for violations of human rights norms.