Children and the Law in Australia


Book Description

The second edition of this highly-regarded work provides extensive coverage of the ways in which the law and children interact. Topics such as criminal law, the internet, immigration law, family law, medical law, discrimination law, education and the legal process are included with contributions from expert authors in each area. Each chapter is contributed by an expert on that topic and is written to provide a clear, authoritative and accessible discussion suitable for a wide audience. This edition provides an extended socio-legal focus, ensuring the work is relevant for practitioners, non-legal professionals working in child-related areas, researchers and students in both law and non-law units at undergraduate and postgraduate level. It includes discussion on topical issues such as: surrogacy, youth rights, the internet and cyber bullying, international adoption, migration, international child abduction, the Royal Commission into Child Sexual Assault, and the impact of the Convention on the Rights of the Child on Australian Law. Features * Authoritative commentary by expert contributors * Includes socio-legal focus to ensure accessibility and relevance to a wide market * Includes traditional topics and areas of recent prominence Related Titles * Young, Sifris, Carroll & Monahan, Family Law in Australia, 9th ed, 2016




Fundamental Rights in the Age of COVID-19


Book Description

CONTENTS 1. Introduction - Fundamental Rights in the Age of Covid-19 -- Augusto Zimmermann & Joshua Forrester 2. Reflecting upon the Costs of Lockdown -- Rex Ahdar 3. Politicians, the Press and "Skin in the Game" -- James Allan 4. An Analysis of Victoria's Public Health Emergency Laws -- Morgan Begg 5. Only the Australian People Can Clean up the Mess: A Call for People's Constitutional Review -- David Flint AM 6. Covid-19, Border Restrictions and Section 92 of the Australian Constitution -- Anthony Gray 7. Blurred Lines Between Freedom of Religion and Protection of Public Health in Covid-19 Era - Italy and Poland in Comparative Perspective -- Weronika Kudla & Grzegorz Jan Blicharz 8. The Dictatorship of the Health Bureaucracy: Governments Must Stop Telling Us What Is for Our Own Good -- Rocco Loiacono 9. The Role of the State in the Protection of Public Health: The Covid-19 Pandemic -- Gabriël A. Moens AM 10. Corona, Culture, Caesar and Christ -- Bill Muehlenberg 11. The Age of Covid-19: Protecting Rights Matter -- Monika Nagel 12. Molinism, Covid-19 and Human Responsibility -- Johnny M. Sakr 13. Interposition: Magistrates as Shields against Tyranny -- Steven Alan Samson 14. Destroying Liberty: Government by Decree -- William Wagner 15. The Virus of Governmental Oppression: How the Australian Ruling Elites are Jeopardising both Democracy and our Health -- Augusto Zimmermann




Australia’s Engagement with Economic and Social Rights


Book Description

This book is a contemporary socio-legal study of Australia’s protection of economic and social rights. Despite Australia’s hortatory language of compliance with international rights standards, its translation of these standards into domestic law and policy has been found wanting. In considering Australia’s compliance across the policy areas of health, housing, labour and social security, it is argued that Australia’s failings can be understood in terms of its institutional framework. This framework provides incomplete legal protection for rights and leaves that protection almost exclusively in the realm of politics and policymaking, an arena still dominated by neoliberalism and a political culture averse to the protection and promotion of economic and social rights.




Contemporary Perspectives on Human Rights Law in Australia


Book Description

A scholarly examination of the most important human rights issues facing Australia today. For scholars and practitioners, and who wish to increase their understanding, it provides timely and provocative perspectives on the law and policy regarding the application of human rights standards in Australia. Authors from Monash University.




Australian Water Law


Book Description

Dealing with critical issues of ownership, control and use of water as a resource, AUSTRALIAN WATER LAW offers practical and up-to-date guidance in an increasingly important area. Interconnected with property law and environmental law, water poses special regulatory challenges because of its character and potential; it also poses opportunities for disputes and litigation. A complex web of state and federal legislation seeks to manage and protect water and water rights, challenging practitioners who are advising on matters like access rights, statutory water entitlements, water planning and resource protection. Commercially, water law affects a widening range of infrastructure development and management projects, while the development of a national water market offers opportunities in trading of water rights, and risks and controls. Kate Stoeckel, Romany Webb and Luke Woodward bring to bear their considerable legal experience in matters involving water rights as well as regulation of the water and sewerage industry and Amy Hankinson offers her significant expertise in environmental law and water management.




Protecting Rights Without a Bill of Rights


Book Description

Australia is now the only major Anglophone country that has not adopted a Bill of Rights. Since 1982 Canada, New Zealand and the UK have all adopted either constitutional or statutory bills of rights. Australia, however, continues to rely on common law, statutes dealing with specific issues such as racial and sexual discrimination, a generally tolerant society and a vibrant democracy. This book focuses on the protection of human rights in Australia and includes international perspectives for the purpose of comparison and it provides an examination of how well Australian institutions, governments, legislatures, courts and tribunals have performed in protecting human rights in the absence of a Bill of Rights.




Legal Protection of Religious Freedom in Australia


Book Description

The role and place of religion in Australia has become more contested and controversial in recent years. This important new book examines the extent to which religious freedom is protected in Australian law and explores some of the many ways in which the law and religion intersect. Through a series of case studies, Evans demonstrates the complex nature of the regulation of religion and the difficulties in reconciling competing claims from those who argue that religion is under attack and those who argue that religion is given too much power to undermine the rights of others. In a balanced and insightful manner, Evans explains the legal dimension to issues such as the religious vilification laws, the extent to which religious organizations are bound by discrimination laws, and the use of oaths in courtrooms. Evans brings together into a single volume, a wealth of information and insight that will appeal both to professional who need to deal with religious issues in a legal context and also the reader who is interested in the role of religion in Australian law and society.




Human Rights in Australia


Book Description




Privacy Law in Australia


Book Description

This book begins by examining the nature and scope of the right to privacy and its moral basis and status: What is privacy? What interests does it affect and protect? Is there a justification for the right? Privacy Law in Australia discusses the relevant legal regime in all Australian jurisdictions. It covers the extent to which privacy has been protected under common law and equity and then weaves these principles into the statutory discussion of privacy. It focuses specifically on the most important areas of privacy protection--medical records, communications, criminal investigations and DNA, employment, territory, and do on. Finally, it examines how the law may develop in the future.