The effect of a smoke-free law on restaurant business in South Australia

Background: Despite evidence to the contrary from overseas research, the introduction of smoke-free legislation in South Australia (SA), which required all restaurants to go smoke-free in January 1999, sparked concerns among the hospitality industry about loss of restaurant business. This study aimed to determine whether the law had a detrimental impact on restaurant business in SA.

Methods: Using time series analysis, we compared the ratio of monthly restaurant turnover from restaurants and cafes in SA to (a) total retail turnover in SA (minus restaurants) for the years 1991 to 2001 and (b) Australian restaurant turnover (minus SA, Western Australia and the Australian Capital Territory) for the years 1991–2000.

Results: There was no decline in the ratio of (a) SA restaurant turnover to SA retail turnover or (b) SA restaurant turnover to Australian restaurant turnover.

Conclusion: The introduction of a smoke-free law applying to restaurants in SA did not adversely affect restaurant business in SA.

Extradition law in Australia

Extradition law concerns the repatriation of international fugitives to the place of their crime. The Australian Extradition Act (passed over 20 years ago) fails to keep pace with aspects of international criminality, particularly political and fiscal offences. It needs reform. This thesis is about reforming Australia's extradition laws.

Aborigines and the criminal law in South Australia : the first twenty five years

After considering relevant events and cases the conclusion is reached that South Australian Aborigines were not in any practical sense equal before the law at any time during the period 1836-1862, despite considerable efforts by individual government and court officials.

Strategic enforcement of anti-discrimination law : a new role for Australia's equality commissions

In Australia, anti-discrimination law is enforced by individuals who lodge a discrimination complaint at a statutory equality commission. The equality commission is responsible for handling complaints and attempting to resolve them. In most instances, the equality commission cannot advise or assist the complainant; it must remain neutral. In other countries, the equality commission plays a role in enforcement, principally by providing complainants with assistance to resolve their complaint including funding litigation. The equality commission’s assistance function has been most effective when used strategically as part of a broader enforcement program, rather than on an ad hoc basis. This article discusses equality commission enforcement in the United States of America, Britain, Northern Ireland and Ireland and shows how the equality commissions have engaged in strategic enforcement in order to develop the law and secure remedies which benefit the wider community, not only the individual complainant. Based on their experience, it is argued that the Australian equality commissions should play a role in enforcement so that they can tackle discrimination more effectively.

Homicide law reform in Victoria, Australia from provocation to defensive homicide and beyond

Homicide law reform surrounding the partial defences to murder currently animates legal stakeholders in Australia and the United Kingdom, particularly in relation to cases of lethal intimate partner violence. In 2005, the Victorian Government implemented a series of homicide law reforms, central to which was the abolition of the partial defence of provocation and the instatement of an offence of defensive homicide. This article, based on a larger qualitative research study with British, Victorian and New South Wales legal stakeholders, explores experiences and perceptions of reforms in Victoria. An analysis of the impact of homicide law reform, using Hudson's principles of discursiveness and reflectiveness as a framework for analysis, reveals some dissonance between the intent and outcomes of these legal reforms. This study concludes that reforms crafted to counter gender bias in the operation of homicide law have produced mixed results for female victims of intimate partner homicide and related case law.

Nature, extent and antecedents of risk management in accounting, law and biotechnology firms in Australia

This paper provides empirical evidence on the nature and the extent of risks faced by small and medium-sized biotechnology and professional service firms (accounting and law) in Australia, as well as on the style of their adopted risk management methods and approaches. The findings of the study indicate that the top three risks faced by these firms are related to reputation, recruiting and retaining skilled staff, and cost management. The study also finds that more than half of the respondent firms manage risk in an integrated manner. The results of this study provide useful insights into the nature, extent and driving forces of risk management practices in these firms.

The evolution of freedom of association in Australia's federal industrial relations law: from trade union security to workplace rights

The early provisions protecting freedom of association in Australian federal industrial relations law supported trade union security. The interests of individuals were seen as adequately protected by collective groups. This principle dominated the industrial relations laws from 1904 to the mid-1970s. However, from the late 1970s, the laws were incrementally altered to promote freedom of choice and the rights of individuals not to be part of trade unions. The reframing of the laws also reflected changes in the wider Australian community, manifested particularly in the decline of union density rates. These changes were also part of an international trend, favouring the ideology of neoliberalism which contributed to an unsympathetic environment for trade unions. The current Fair Work Act 2009 (Cth) has signalled a return to collectivism, although freedom of choice is at the heart of the laws rather than the promotion of collective groups. In the absence of legislative support promoting the viability of collective groups, this freedom to choose is threatened, leaving many workers with little choice but to disassociate.

Migration and refugee law: principles and practice in Australia

Migration and refugee law and policy is fundamentally concerned with the choices that we as a nation make regarding the people that we allow into our community and to share our resources. Migration and Refugee Law: Principles and Practice in Australia 2nd Edition provides an overview of the legal principles governing the entry of people into Australia. The 2nd edition encompasses legislative amendments and significant judicial decisions to 2007. As well as dealing with migration and refugee law today, the book analyses the policy and moral considerations underpinning this area of law. This is especially so in relation to refugee law, which is one of the most divisive social issues of our time. The book suggests proposals for change and how this area of law can be made more coherent and principled. This book is written for all people who have an interest in migration and refugee law.