43 resultados para Legislation.

em Deakin Research Online - Australia


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Protection afforded to whistleblowers under Victoria's Whistleblower Protection Act - benefits and costs of providing protection - types of disclosures that are protected and people who can claim protection under the Act - determining if a matter involves a public interest disclosure - investigation of disclosures by the Ombudsman, and other public bodies - action upon completion of an investigation - protection afforded to the Ombudsman.

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The article examines the background, aims and scope of recent legislation enacted in New South Wales, Victoria and South Australia to protect from disclosure in court of "confidential communications" generated in the context of counselling persons who allege that they were victims of sexual offences. In drafting the "confidential communications" legislation, the legislators undertook a difficult task of balancing the public interest in therapeutic confidentiality that would encourage victims of sexual assaults to report these offences and seek psychological and psychiatric care on the one hand, and the public interest in fairness of the trial, which may be prejudiced by exclusion of evidence pertinent to the forensic process on the other. In South Australia this task was fulfilled with greater success than in New South Wales and Victoria.

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The notion of privacy takes on a completely different meaning when viewed from the perspective of an IT professional, an organisation using technology to support strategic directions or a member of the public. This paper looks past the technical issues involved in data protection and examines some of the business, social and regulatory aspects that have become important to those involved in the management, storage and dissemination of electronic information. The paper documents some of the legislative developments in privacy and data protection and examines what these developments mean for IT professionals for whom the link between data captured, stored and processed into information and the resulting effect on privacy is important. The Commonwealth Privacy Act 1988 based on work done by the Council of Europe, the OECD and the European Union provides some general guidelines but only for the public sector. However, new legislation imminent. Thus, IT professionals need to be aware of the changing situation and examine their organisation’s current practices to ensure compliance with future laws.

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Over recent years, there has been a growing perception among civil society in the developed world that multinational corporations are engaged in socially and environmentally exploitative practices that they would never get away with, or even attempt, in their home countries. Whether right or wrong, that perception and its political and economic ramifications have driven a global movement for more responsible corporate behavior. As part of that global movement, three common law jurisdictions—the United States, Australia and the United Kingdom—have seen legislation introduced to enforce standards of practice for multinational corporations based in those countries in respect of their overseas activities. None of those Bills has yet passed into law, but they are worthy of analysis as attempts to transform hitherto amorphous concepts like 'corporate social responsibility' into concrete legislation. This article compares and critically analyses the three Bills, making recommendations as to how they could be improved, with particular emphasis on the need to forge stronger links between the legislative provisions and international human rights law.

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

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Fully annotated Crimes Act 1958 (Victoria) and Summary Offences Act 1966 (Victoria). Extracted from two-volume looseleaf service 'Bourke's Criminal Law Victoria'. Cross-referenced to cases, other acts and regulations and other publications dealing with the topics under discussion. Reflects the law as amended to 1 January 2003. Includes table of cases and index. Nash is a practicing QC and former academic at Monash University. Bagaric is a barrister and solicitor.

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

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Provides a comprehensive set of GST and related legislation in easy- to-read layout, plus extensive history notes and annotations. Includes annotations to Australian GST rulings, section-by-section overviews, defined term locators and relevant overseas case precedents.

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An indispensable resource for anyone who needs a sound understanding of the criminal law of Victoria. Butterworths Annotated Criminal Legislation Victoria is an indispensable resource for students, practitioners and others who need a sound understanding of the criminal law of Victoria. This book has an established reputation as an essential reference source. The Acts are annotated by Gerard Nash QC and Professor Mirko Bagaric of the School of Law, Deakin University. This book has been extracted from the four volume looseleaf service Bourke's Criminal Law Victoria. Important Features: mid Extensive new annotations discussing recent case law relating to various provisions of the Crimes Act 1958. mid A quick reference directory and grey shaded tabs provide ease of navigation. Related Titles: mid Arenson & Bagaric, Criminal Procedure: Victoria and Commonwealth, 2009. mid Clough & Mulhern, Butterworths Tutorial Series - Criminal Law, 2nd ed, 2004. mid Rush & Yeo, Criminal Law Sourcebook, 2nd ed, 2005. mid Spears & Hickie, Butterworths Questions & Answers - Criminal Law for Common Law States, 2009. mid Waller & Williams, Criminal Law: Text and Cases, 11th ed, 2009.