...only accessible through its providers such as CVGT Australia. Also, there is uncertainty to whether the rule of law is followed within this company because it is not directly enforceable under any laws relating to disability work placement, and there are no active checks on the company. Justice is achieved for people with disabilities in finding and maintaining work through its many partnerships with business, providing options and pathways, and flexibility with work type and hours. This is an effective company in delivering just outcomes for people with disabilities finding work placement. However, it does not make sure the person maintains the work placement. The ‘Disability Services (Increased Opportunities) Amendment 2018 is a legal solution targeting lack of enforceability of current legislation and organisations through amending the ‘Disability Services Act 1986’. The amendment...
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...Divisions 70 and 141 of the Criminal Code Act 1995 Assessing the ‘facilitation payments’ defence to the Foreign Bribery offence and other measures Public Consultation Paper 15 November 2011 Disclaimer: This document is designed to inform discussion of issues. It does not necessarily reflect the views of the Commonwealth, or indicate a commitment to a particular course of action. Contents Introduction 1 The Foreign Bribery offence 1 The facilitation payment defence 2 International approaches 3 Arguments for prohibiting facilitation payments 3 Arguments against prohibiting facilitation payments 4 When a benefit is legitimately due 5 The official intended to be influenced by a bribe 6 A benefit provided or requested ‘dishonestly’ 6 Submissions 7 Introduction 1. The Australian Government is committed to stamping out corruption and has a comprehensive anti-corruption system for the public and private sectors. 2. Australia has a strong record of global, regional and domestic action to prevent and expose corrupt activity, and is ranked as the 8th most corruption-free nation in the world in the most recent Transparency International Corruption Perceptions Index. 3. In September 2011, the Australian Government announced the commitment of $700,000 to develop and implement Australia’s first National Anti-Corruption Plan. A key objective of the Plan is to strengthen Australia’s existing...
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...rendered justice to and protected.2 This paper will examine the laws relating to rape and/or governing rape trials in Nigeria, to wit: the Penal Code and Criminal Code and the Evidence Act, to underscore the meaning, elements, defences and application of the offence of rape in Nigeria and determine their sufficiency and/or insufficiency with regards to victim protection. Accordingly, the paper will access and overhaul the statutory definition of rape, the common law presumption as to the age of a person who may commit the offence, the requirement for corroboration of evidence of a rape victim/survivor and the issue of consent as a defence to rape. The gender insensitive nature of the law on rape in Nigeria which constitutes a discrimination against men (by defining rape as an offence which can only be committed by a male) will also be highlighted. Suggestions will also be made for legislative review or upgrade of the law on rape in Nigeria in line with what obtains in some other jurisdictions. 1.0 Meaning of Rape Rape is a specific sexual offence and one of the sexual offences known to the Nigerian criminal jurisprudence.3 The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) considers rape as a form of discriminatory violence against women4And Article 1(g) of the Rome Statute of the International Criminal Court recognizes rape as a crime against humanity. The Black’s Law Dictionary5...
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...be the same.” (Miller, Stone & Mitchell, 2002, p. 3) Law enforcement has undergone dramatic changes as a result of the devastating events in the United States on 11 September 2001 (9/11). This essay will examine how law enforcement, specifically within Australia, has shifted its policies and strategies to fight the post-9/11 terrorist threat. An analysis of police actions towards terrorist related incidents since 9/11, displays how law enforcement agencies have demonstrated their ability to respond to the various threats of terrorism as they arise. “Since 2001, numerous terrorist attacks have been thwarted in Australia. Thirty-eight people have been prosecuted as a result of counter-terrorism operations and 20 people have been convicted of terrorism offences under the Criminal Code.” (Counter-Terrorism White Paper, 2010, p. ii) Australia’s State and Federal policing agencies have ‘a long tradition of reactive patrol’ (White, 2012, p. 487) However, uniformed policing plays an important role in counter-terrorism operations. Due to their knowledge and close working relationships within the local community, police are in the best position to detect and prevent terrorist actions from occurring. “So far, terrorist attempts in Australia have been disrupted by the coordinated and highly professional efforts of Australia’s security agencies and police services” (Counter-Terrorism White Paper, 2010, p. 14) The Australian Government has defined terrorism as “the use of violence by groups...
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...How would you feel if you were promised to be married when you were just 11 months? The issue of forced marriage is a form of human trafficking. The international centre on research on women states that in developing countries 1 in 3 girls are said to be married before 18. Forced marriage is a form of violence against women and girls. It can lead to a range of negative consequences for victims, including physical, sexual, and psychological violence. This is however against Article 16 of the Universal Declaration of Human Rights stating “Parties take all appropriate measures to eliminate discrimination against women in all matters relating to marriage and family relations.” India has the highest number of child brides in the world. Major factors influencing child marriage are economic considerations and religiously binding laws. The issue of forced marriage is evident in a case in India where a women named Santadevi Meghwal, discovered at the age of 16 that she had been entered into an arranged marriage when she was just 11 months. This case is against Article 16 of the Universal Declaration of Human Rights and Article 23 of the International Covenant on Civil and Political Rights. This covenant takes appropriate steps to ensure equality of rights and responsibilities of spouses as to marriage. Furthermore the Human Rights Council adopts resolution to end early and forced marriage. However, a statistic from the “Girls not Bride”, has stated that” 41,000 girls per day 28 girls...
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...Case Study – Cybercrime International Centre for Criminal Law Reform and Criminal Justice Policy 1822 East Mall, Vancouver British Columbia, Canada V6T 1Z1 Tel: 1 (604) 822-9875 Fax: 1 (604) 822-9317 Email: icclr@law.ubc.ca www.icclr.law.ubc.ca Case Study – Cybercrime By Annemieke Holthuis Counsel Criminal Law Policy Section Department of Justice Canada Case Study prepared for Co-Teaching at the National Prosecutors College Beijing China November-December 2006 As part of the International Centre for Criminal Law Reform and Criminal Justice Policy (ICCLR) and GeoSpatial SALASAN Programme: The Canada China Procuratorate Reform Cooperation Project, supported by the Canadian International Development Agency 2 Case Study - Cybercrime Public concern about the incidence of child pornography on the Internet is increasing in British Columbia. The police decide to crack down and seek the help of members of the public and Internet Service providers like XYZ Corporation. Brian, a concerned citizen and the divorced father of a young girl, contacts police expressing concerns about his roommate Dwayne. Dwayne is always on the computer and he has no idea what Dwayne is doing. Dwayne’s door is always locked and Dwayne won’t let Brian borrow the computer, even to send a quick e-mail. Lately, Dwayne acts more strangely than ever. Brian said that he didn’t know what it is but he’s no longer comfortable bringing his daughter home when Dwayne was there. Brian mentions...
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...The introduction of the Youth Justice and Other Legislation Amendment Act in 2014 introduced changes to the legislation surrounding youth justice. These changes are designed to provide harsher punishment to youth offenders, focusing on deterrence techniques. The first change introduced by the Youth Justice and Other Legislation Amendment Act 2014 is – where part 4, division 2 of the Children’s court Act 2000 is to provide that an open court for repeat offenders is now allowed (Department of Justice and Attorney General, 2014). The court has the authority, if it is believed to be in the best interest of justice, to close the court in a repeat offender’s case. The court may also be closed if the evidence is being given of a sexual nature is being given in a Court room. (Department of Justice...
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...Disability Discrimination Act 1992 Act No. 135 of 1992 as amended This compilation was prepared on 8 January 2010 taking into account amendments up to Act No. 124 of 2009 The text of any of those amendments not in force on that date is appended in the Notes section The operation of amendments that have been incorporated may be affected by application provisions that are set out in the Notes section Prepared by the Office of Legislative Drafting and Publishing, Attorney-General’s Department, Canberra Contents Part 1—Preliminary 1 2 3 4 5 6 7 8 9 10 11 12 12A 13 14 1 Short title [see Note 1].......................................................................1 Commencement [see Note 1].............................................................1 Objects...............................................................................................1 Interpretation .....................................................................................2 Direct disability discrimination .........................................................8 Indirect disability discrimination.......................................................9 Discrimination in relation to associates .............................................9 Discrimination in relation to carers, assistants, assistance animals and disability aids...............................................................10 Carer, assistant, assistance animal and disability aid definitions.........................................
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...Jessica Yarington Critical Analysis: Bribery and its Effect on Business Practices BMAL 560-D06 Dr. Henry Critical Analysis Critical Analysis Topic: Bribery and it’s Effect on Business Practices PRINCIPLE: * Bribery refers to “the offering, giving, soliciting, or receiving of any item of value as a means of influencing the actions of an individual holding a public or legal duty” (Bribery, 2015). * Economist say that bribery negatively impacts economic growth because it encourages rent seeking behavior (Bribery, 2015). * Rent seeking behavior refers to an “individual’s or corporation’s attempt to illicitly influence the open market in order to provide that individual or corporation with a disproportionate amount of wealth” (Bribery, 2015). * The United Nations reported that corruption costs governments about $1.6 trillion dollars every year. * Economists estimated, based on a poll done in 86 countries, that 1 in every 4 businesspersons worldwide, paid a bribe in the past year (Lawrence & Weber, 2014). * Legislation has been established in an attempt to combat bribery. * The US Foreign Corrupt Practices Act (FCPA) is considered to have the widest jurisdictional reach, being aggressively enforced, both nationally and worldwide (Ernst & Young, 2013). PRACTICE: * Bribery is found in almost all sectors of the global market (Lawrence & Weber, 2014). * An analysis of Transparency International’s Corruption...
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...no mention of the practice in the Bill of Rights while setting up the fair trial principle in the sixth amendment but the authorization of Plea Bargaining has been upheld the entire time. In the year 1969, inorder to avoid the execution sentence James Earl Ray pleaded guilty on the assassination of Martin Luther King. James Earl Ray managed to get an imprisonment for 99 years instead of a death sentence. In America almost 90 percent of the criminal cases have never been tried. A major part of the individuals give away their rights and plead guilty for the crimes...
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...E-SECURITY REVIEW 2008 Submission from Microsoft Australia Introduction Microsoft Australia welcomes the opportunity to participate through this Submission in the Whole-of Government Review of E-Security. A periodic review of the E-Security framework, in light of the quickly evolving threat landscape, is both timely and appropriate. Over the last thirty years there have been dramatic advances in information technology - the development of the microprocessor, the rise of the personal computer, the emergence of the Internet - which have revolutionised the way information is created, stored, shared, and used. Today, powerful, affordable and diverse devices, together with expanding broadband networks, create a powerful opportunity for connectivity for individuals and communities. Over the past two decades, rapid advances in software, IT services, and communications have enabled many traditionally separate and disparate infrastructures and business operations to become more connected. Through this connectivity virtually every aspect of society has experienced a transformation. Businesses and governments have been able to manage and streamline their operations. Individuals have been offered ready access to multiple sources of information thereby expanding knowledge and choice. Across every field of endeavour – commercial, social, scientific and philanthropic – the power of information has been increased and the transaction costs of engagement have been lowered. Our broad reliance...
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...Contemporary Privacy Issues Report Introduction Privacy is one of the fundamental human rights, every individual should have full control over their personal information. However due to the continuous evolution of society and technology, the importance of a person's right to privacy has been eroded. This report discusses the contemporary privacy issues on different levels and areas, with specific focus on credit reporting, protection of customer’s private information by businesses, health records, internet data and government intelligence access to information. Sections of the current Privacy Act 1988, the new Australian Privacy Principles 2014, and legislations related to the topic areas mentioned above will also be discussed in detail, and the effectiveness of these laws will be analysed. A person's credit history contains a vast amount of personally sensitive information which have a high commercial value, therefore it is extremely important to ensure businesses adhere to the privacy act to prevent the unauthorised use of these information. Any misuse of information can cause great personal and financial harm to the victim. Privacy of health information is fundamental principle in health care. Lack of privacy information might result in people not seeking the health care they need which might be very risky to their own health and the health of others. The rate of technological development is accelerating too quickly and current laws are becoming irrelevant...
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...Euthanasia Legislation surrounding both euthanasia and assisted suicide sparks much debate in Queensland’s legal and political systems. Despite a society largely proponents of euthanasia, political and legislative institutions rear firm in their stance against its legalisation. It is evident that as a society progresses, so too do the ideological views of those within; so why is it that Queensland legislators have done nothing in the way of legalising euthanasia? Much of this notion can be attributed to a mere political debate; however, euthanasia and assisted suicide are extremely controversial and in order to delve deep enough into the issue, the religious, legal, cultural, ethical and medical ramifications need to be explored. Often referred to as ‘mercy killing,’ euthanasia is defined as the ‘deliberate causing of death of a person suffering from an incurable disease or condition.’ (‘Euthanasia’ 2009) Although advocators see it as a way to relieve immense pain and suffering, many see euthanasia not as a ‘right to die’ but as a ‘right to kill’- ultimately ‘weakening society’s respect for the sanctity of life.’ (‘BBC’, 2013) In recent years, state and commonwealth governments have made significant changes and reforms to euthanasia law, although the effectiveness and validity of such changes are somewhat questionable. The purpose of this essay is to address the legal principles and relevant legislation regarding euthanasia, any issues surrounding the efficacy of such law...
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...Content 1 Introduction 2 2 Body 3 2.1 How is good corporate governance achieved? 3 2.2 Why is this concept important to Australia? 4 2.3 What are the roles, responsibilities and powers of the Board of Directors, Management and shareholders? 5 2.3.1 The roles, responsibilities and powers of the Board of Directors 5 2.3.2 The roles, responsibilities and powers of the Board of Management 7 2.3.3 The roles, responsibilities and powers of the Board of Shareholder 8 2.4 How does the Board add value to a company? 9 2.5 What are at least two of the theories that are used to “measure” corporate governance? How do they measure “good” corporate governance? e.g. Contractual theory and the communitarian theory, stakeholder theory. 10 2.6 What disclosures to shareholders are required by law and why? 11 3 Conclusions 13 4 Bibliographies 14 1 Introduction Nowadays, the company governs has become the global economic which a subject matter grows day by day. When a company maintains the competitive power, attracting investments, guaranteed that sustainable, and struggle against corruption, it must to applying good governance. In the most foundation's level, the company governs sets up “the game rule” to handle the related property rights and the domination separation. Board of directors’ benefit, the coordinated enterprise's owners, the superintendent and other benefit counterparts, were considered that is the essential effective revolution company governs the...
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...have been committed, yet this may be extremely difficult to prove and it is more usual for good faith to be presumed. In this context, the hunting proficiency test is particularly valuable. Hunters who have passed the test have learned about protected species and would therefore have greater difficulty in pleading ignorance of the specimens they may have taken or damaged unlawfully. Reversing the burden of proof can contribute significantly to effective enforcement. The effect of such a reversal is that possession of a specimen of a given species is deemed to be unlawful, unless the possessor can prove otherwise. For example, under the Customs Code in France, the possessor of CITES specimens must be able to prove that these have been lawfully obtained. However, great care must be taken if an offence is deemed to be one of strict criminal liability, as there may be a serious risk of injustice incompatible with democratic societies. The enforcement of trade restrictions is easier than that of taking or collection restrictions, provided that there are both sufficient funds and personnel available. It is necessary to provide for the licensing of breeders, growers, taxidermists, processors, sellers and so on, as well as for procedures and equipment for marking and the issuing of tags. The holding...
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