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The Environment Protection and Biodiversity Conservation Act 1999 (EPBC Act) came into existence in 1999 (Victoria Legal Aid, 2012, http://www.legalaid.vic.gov.au/ ). At that time the Federal government and many environmental groups made a promise that it would reform the involvement of the Commonwealth in matters of environmental concern and that it would increase the conservation of the environment.
The Constitution is the utmost law of any given state and advocates for the rule of law and the doctrine of separation of powers, and in instances where there is an inconsistency between a statute and the Constitution the provisions of the Constitution remain absolute. The rule of law seeks to show that we are ruled by law and the law alone, and a man can be punished for a breach of law.
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Construction contracts are of several types but some types are preferred by professionals in construction. The way disbursement is made defines the type of construction contract with other specified terms including specification, duration, quality, and other items. This paper dialogues of types of construction contracts, contractor and contract management, and the model of project management.
In addressing the idea of mutual trust and confidence in employment contracts in Australia, it is important to address the laws that relate to the duty that is implied by the law on mutual trust and employment in employment contracts. Examination of this concept has to be done according to the case law and existing working practices.
Moreover, what can be initiated so as to reverse this trend?3.0 BackgroundThe principal aim of any correctional facility is to make that person desist from crime by empowering them. However, this expectation has not been the case as a result of certain situations and shortcomings during the juveniles' stay at correctional facilities and at the post-release stage in society (Murray, 2009; Halsey, 2007b: 1212.
Organizations all around the world, especially professional bodies, are looking towards developing things in such a manner that it ensures that the professional code of conduct is ensured. This has made different profession to look towards the services of a supervisor so that the person takes decisions which are fair and correct.
The provisions of the UN Charter, the Security Council through resolutions 425 (1978) and 426 (1978) agreed to: back up Israel’s withdrawal from Lebanon; re-establish international peace and security in the affected regions; and help the Lebanese government regain its authority in the area (UNIFIL n.pag.).
The ICC Statute describes the crime of genocide as an act committed with the aim of destroying either in whole or in part groups that are protected such as a nation, ethnical group, racial group, or any religious group. The statute describes it as acts committed as part of systemic or widespread attacks and directed towards a civilian population and the perpetrators are fully aware of the attack.
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Other ethical issues in social research may include breach of confidentiality, misleading the participants regarding the aim of the research, invasion of privacy, psychological difficulties that may affect the participants, and collective risks (Firebaugh, 2008). All of these ethical issues are pertinent in the current research.
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Critical thinking plays a significant role in the criminal justice system, particularly if well applied by criminologists and the justice professions. Most of their work involves probing and therefore, they must ensure that they ask permissible questions, and come up with evidence sources and criteria for analysis.
Although the Fourth Hague is the first international agreement relating to crimes against humanity, the Nuremberg International Military Tribunal (IMT) formed by the Allied forces in World War II to try leaders of the Nazi regime par see is the first international criminal trial since it was the first to try individuals outside their home countries in relation to crime against humanity, crimes against peace and war crimes.
The author of the paper will begin with the statement that torture is a global issue and that association gives it a broad description as a matter of, not only judicial but also great social concern that affects the human population both locally and internationally. It is also shared among the diverse societies of humanity, within the global community.
The author of the current essay attempts to break down what laws are used in both regions and what international treaties are applicable and the resultant relationship. These treaties include UNIDROIT and CISG as they apply to China and the common law referenced by Hong Kong’s unwritten contract law system.
The legal systems of the PRC and Hong Kong differ in terms of how they choose to investigate, carry out prosecution, and sentencing of offenders. This could be a potential source of conflict between these two territories but so far, they have managed to cohabit peacefully. The history of China is long and rich and spans millennia of civilization.
Before its collapse, HIH was rated the second-largest insurance company in Australia. As a result, its failure was regarded as the biggest financial collapse in Australian corporate history (Vinten, 2005). The collapse of HIH not only hurt the Australian economy but also affected the country’s social status.
The legis actiones were considered as actions-at-law or procedures that were formed to establish a form of litigation. Under the legisactiones procedure and formulary system, the trial of any action to be taken was remarkably implemented through two main divisions, before the magistrate who was held responsible for the supervision and arrangement of all the preliminaries.
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Savage particularly emphasizes the impact that neighbourhood policing would have on the role of constables. His basic premise on neighbourhood policing and its impact on the office of the constable is that it re-invents, empowers, and enriches the role of the constable to a community leader or an advanced constable whose main role includes.
Questions are raised as to the validity of such a defense used by accused men who cause harm to their intimates. Contemporary critics draw attention to the injustice incurred by the battered women involved in such killings. Provocation can be defined as the partial defense to murder that if considered by the jury leads to a conviction for manslaughter rather than the exact act of murder.
Legally John may have exposed himself to liability for the way he reacted when he was advised about the disappearance of Rose from her foster parent’s home. John may be accused of negligence because he ignored his responsibility to prevent harm to Rose. Under the South Australia Children's Protection Act 1993, John should have immediately notified the Children's protection department of Rose’s disappearance from foster care.
This essay outlines ethical dilemmas in policing and strategies for developing a culture of integrity in police work. Ethical issues exist not only in policing but also in government and in politics in every part of the world. The topic of ethical dilemmas is a sensitive area in policing and it is evident that ethical dilemmas affect the efficiency of police officers while undertaking their duties.
The remuneration of directors is a debate that has raced the corporate world for a long time. The main bond of contention is the evaluation of the size of a director’s remuneration package with respect to the achievement of the interests of the shareholders. The huge compensation which the executive management receives is perceived to be too high.
International arbitration is a widely adopted meth settle disputes that arise mainly in commercial agreements. International arbitration is a complex process that has to be undertaken in line with the stipulations of the international legal framework. This is because there are a lot of details that should be put into consideration once International arbitration is put in place.
The Aboriginal population was reduced during the colonial settlement due to conflicts with settlers, the introduction of diseases, and alcohol. The customs and traditions of The Aborigines who survived were either suppressed or destroyed. The Aborigines had no title to land under British colonial law and violence was used to silence them if they resisted encroachment of their land.
It is essential to state that the aim of the following essay is to address the effects of multisystemic treatment on serious juvenile offenders. The paper outlines these effects by reviewing the empirical article Multisystemic treatment of serious offenders: Long-term prevention of criminality and violence.
The “Domestic Building Contracts Act 1995 (Vic)” (DBCA) and “Building Act 1993 (Vic)” provide consumer protection for a person who engages a builder to construct a new 2-story dwelling with a value of $300,000. The two acts are the two main pieces of legislation, which control the domestic builder's warranty insurers' activities in Victoria Australia.
Copyright ownership gives the creators of various works certain rights over them from the time of their production up to 70 years after their death. Copyright can be transferred from one party to another one; the copyright owners can sell all or part of their entitlements to other parties but on specific terms and agreements (Davidson, Monotti & Wiseman 2012, p. 247).
The judges who determined the case are Muir, an appellate court judge, and Atkinson and Applegarth who are judges. In this case, the original claim was made by one Florence Agnes Welch against her niece, Jane Graham. The Plaintiff was an old lady aged 76 years. Also enjoined was Jane Graham's husband Tim Graham who was a co-owner of the home where the alleged injury took place.
Peter Gow has advised the Board of Directors that they should sell the fund’s 1 million shares in BHP which will result in a profit of $12 million for the company. The Board agrees and on 14 May 2012, the shares are sold. Peter also notices that the 4 million Telstra shares have not performed as well as expected and that they currently show a loss to the group of $16 million.
From a general perspective and in a continuum, the extreme legal system that countries have is either common law or civil law. Common law is a judge-made law and is dependent on the judge’s interpretation of the applicable statutes, defense & prosecution presented and the precedent set earlier to deliver justice among others.
The medical dictionary defines stress as an organism’s total response to environmental demands and pressures. In humans, stress is caused by interactions among persons and the environment that are perceived to threaten their well-being, as their magnitude is beyond the persons’ involved coping capacity.
The right to torture or the protection against torture is a key element of the Universal Declaration of Human Rights. Article 5 of the Declaration states “No individual should be subjected to torture or to inhuman punishment or treatment” (Puybaret, 2008). However, despite the protection against torture in the Declaration, there is a lot of debate and controversy regarding the use of torture.
There are maintained remedies by the Australian Consumer Law for any deceptive misleading conduct. The remedy is supported by section 52 of the TPA and all State and Territory fair trading Acts. This is the mistake of the proprietor thus he can be liable for contriving the contract because the double booking was resulting from his neglectful act.
The Australian consumer law is a provision for the protection of consumers. The provision regulates or prohibits a range of unfair trade practices. The practices regulated by the law include misleading and deceptive conduct, making false representations in relation to the sale of goods and services, unconscionable conduct, and finally unfair terms in consumer contracts.
Generally, in law, there is a significant difference between a contract and an agreement. Although all contracts are said to constitute agreements, not all agreements are contracts. For an agreement to become a contract, it must possess all the essentials of a contract that would make it enforceable in law.
It is essential to state that the issue to be discussed involves Consumer Contract Law (CCL) where there is a situation of if the consumer has the right to be protected when it comes to rights of accommodation. The case is of a consumer who supposedly booked a holiday with Accommodation Noosa Pty ltd.
Remuneration has been defined under the provisions of the Corporations Act 2001 in section 9, in the following manner. It should be a benefit provided to an employee or officer of a corporation that is remuneration in the context of an accounting norm. Such accounting standards should pertain to disclosures in the financial reports of the company that deals with the remuneration of directors.
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Various legislations have been enacted by the Commonwealth and State Governments to provide a guiding framework for the management and conservation of forests. The Regional Forest Agreements between the Commonwealth and State Governments have extensively directed the legislation on forest management.
The main point in Ronald Dworkin’s theory of Constructive Interpretation of legal practice is the notion of Law as Integrity. This notion holds that as much as possible, judges should apply legal rights and duties bearing in mind that they were all created by the community as a unit and that they are an expression of the community’s conception of justice and fairness.
The number of civil disputes being resolved in the judicial decision is reducing due to the application of various methods of dispute resolution including those that have led to litigation. As a result, it is the policy of the government to improve ADRs in order to facilitate earlier as well as greater use of them.
In taxation, there are acts that may be seen as unlawful and there are others that are lawful in the Australian tax system. Immunity for different people and for different acts, (Wallschutzky 1985, P 46) This paper will try to explain what items of business are taxed and which ones are not taxed, and to which extent, the different types of income s that are taxed.
In this case, silence is seen to be the main misleading and deceptive conduct because the owner of the hotel Accommodation Noosa never made it known in advance to the supposed customer that there was a double booking and in any case, since he was the initial client, he would have the privilege of taking the holiday room first.
By comparing regulations for cybercrime in Australia and Saudi Arabia, the paper indicates that no legislation is effective in eliminating crime across the globe. Undoubtedly, most Australian policies are far much effective than those of Saudi Arabia. This is evident with the prevalence of cybercrimes reported in the two countries.
The second then would be to establish if ‘Just Loafin Around’ Bakeries is a small business or not as per the number of employees. This then would help us deduce if Robert’s company would be exempted from paying the two apprentices he has dismissed (Bob and Crusty), especially in the case of Crusty who may challenge his dismissal.
Developments in recent years in Europe have affected international company law almost in an unprecedented manner. This has been very pronounced in those countries where there is hostility towards companies that have foreign structures operating inside their territories. The European Court of Justice is in a major race.
The aggregate annual turnover of $2,643, 557 is obtained in the financial year 2011-2012, Bill Smith is a sole trader, aged 66 years, and seeks to claim for CGT small business concessions, but this would be dependent on whether he meets that requirement to qualify for a CGT small business concessions.
Regional Trade Agreements were formed by countries of a particular region with the main objective being to allow member countries to grant tariff concessions to each other, an offer that cannot be extended to nonmember countries. The RTAs have been on the increase covering more than half of international trade and operating alongside the global multilateral trade agreements under the WTO.
The disagreement could be a result of differing opinions, misunderstandings, beliefs, priorities, values, goals, or general views of life. In many instances, disputes harm or destroy relationships thereby pushing those involved to seek solutions either in the courts or through other means of alternative dispute resolution (ADR) and traditional court systems.
All of the challenges are evident among the youth cohort in the Australian population which has both direct and indirect implications on the crime rates among the youths in this country. In the efforts to address these challenges, the government of Australia in collaboration with other agencies has been geared towards minimizing the effects of these challenges among the youth.
The Civil Liability Act addresses contributory negligence and describes the principles employed to determine negligence on the part of professionals. These principles are also utilised to ascertain whether the individual who had suffered harm had indulged in contributory negligence, by failing to take adequate precautions to avert the harm.
In the adversarial system, the duty of collecting facts about a case is carried out by the police force and the defense and then the assessment of the facts rests on a nonaligned judge. In the inquisitorial system, a self-determining prosecutor or probing magistrate manages the criminal analysis of grave cases.