...MABO (1992) The Mabo decision in the High Court was the Culmination of a legal battle by Mabo on behalf of the Merriam people to establish their traditional ownership of the Murray Islands, Queensland (part of crown land) It provided public acknowledgement of Aboriginal spirituality and their connection to the land was recognised This overturned “terra nullius” (land belonging to no one) and made it possible for other Aboriginal tribes to claim land rights as it led to the Native Act (1993) NATIVE TITLE (1993) Native Title was an act of Parliament put into Australian Law which recognised the validity of Aboriginal territorial laws that existed prior to European settlement. It provided for land claims which must be supported by proof...
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...The digital exhibition entitled Eddie Koiki Mabo: A decade-long case has been organised around the two historical understandings: perspectives and significance. These historical understandings reveal the criticisms and praises that the Mabo decision received and the significance of the High Court victory and its subsequent impacts. Perspectives The sources on display in the perspectives gallery reveal several viewpoints about the Mabo decision in 1992 and the subsequent event, the recognition of the Native Title in 1993. These sources are from Australian politicians and mining industry company owners and both represent common criticisms of the Mabo Decision during the early 1990s. However, the third perspective is of the Indigenous population and are...
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...LEGT1710: Business and the Law Part One The Australian legal system operates under the theory that there is a separation of powers among the three divisions of government. The doctrine of the separation of powers was instigated to divide the institutions of government into three separate entities; legislative, executive and judicial. Each entity has different responsibilities; the legislative (parliament) is the supreme law-maker, and responsible for making the law. The executive (administration) administers laws made by parliament, and the judiciary, or courts, enforce and interpret the laws. As a result, the powers and functions of each branch are supposedly separate, allowing no single entity to establish complete authority, while each remain interdependent on one another. This ensures that there are checks and balances on authority, placing limits on what each institution can do, guaranteeing the prevention of absolutism or corruption and certifying the protection of individual rights. However, under the Westminster System, this separation is not in complete operation. In reality, the legislature and executive are not entirely separated. As the ministers, government departments and agencies are elected from, and consequently accountable to the parliament, there is a significant amount of interconnection between the two branches. This embodies the doctrine of responsible government; a system of government that exemplifies parliamentary accountability. Conversely, there is...
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...Due to the RDA, racial discrimination is unlawful in the states and territories of Australia. It overrides the legislation to the degree of any deviation. The RDA is carry out by the Australian Human Rights Commission. If there are any complaints the president of the AHRC must investigate it. If the complaint is approved the AHRC will appease the matter. In some situation, this might not be the case, if the commission fails to consult to an agreement, the complaint is passed to the Federal court. After certain situations, the RDA will attempt to reaffirm every individual about the...
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...FOUNDATIONS OF LAW 2010 Combined Law Essay Critically analyse the Australian Government’s proposed reforms for protecting and promoting human rights for the more vulnerable groups in Australia. A bill of rights alone will not protect the rights of the people. But nor will a majoritarian democracy. Contemporary democracy stands for more than just the primitive notion of according full power to the popular majorities of Parliament by the vote. It requires the recognition of Parliamentary sovereignty, and furthermore it calls for the preservation of the principles of rule of law, judicial independence and more importantly the rights of all individuals. Although the Government’s recently launched National Human Rights Framework promises a selection of human rights protection mechanisms, in light of its failure to provide a bill of rights that many Australians want, it is an inadequate attempt at promoting and protecting the more vulnerable groups. Even though the Framework claims that it reserves the function of statutory interpretation for the courts, in reality it empowers the Parliament with the capacity to “guide”[1] the courts into enacting legislation. The Government’s downplay of judicial influence cannot be ignored and this points to a discussion of whether Australia needs a bill of rights. The role of the courts also need to be evaluated with respect to the other branches of government, the legislature and the Executive, in an effort to attain a healthy balance between...
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...the national ANZAC Day march. Most if not all of the legislation aiding recognition occurs after WW2. 1967 brought change to the Indigenous people, as Bandler helped to change Section 127 of the Constitution, meaning Indigenous people were now counted as part of the nation and in the census, however still couldn’t vote. This fundamental human right was not allowed until 1984. It was not until 1990 that the ATSIC (Aboriginal and Torres Strait Islander Commission) was formed, which is the Australian Government body through which Aboriginal Australians and Torres Strait Islanders were involved in the processes of government affecting them. In 1992, after years of hard work, the Mabo case was passed, stating that the land was not ‘terra nullius’ (land belonging to no one) when the English arrived. In Mabo v. QLD (No. 2) the High Court acknowledged that the Aboriginal people had lived in Australia for thousands of years with their own rights to the land according to their laws and customs. In 1994 the Native title act was approved which recognises the traditional rights and interests to land and waters of Indigenous Australian’s. Under the Native Title Act 1993 native title claimants can make an application to the Federal Court to have their native title recognised by Australian law. In this contemporary Australian nation, lots of change has been made for Indigenous recognition. Our attitudes and politics have changed significantly, with the Rudd government delivering an apology...
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...Assignment - Corporations Law Question 1 worth 25 marks James is a graphic designer and shareholder in Snowzone Pty Ltd (“Snowzone”) a profitable graphic design company. He holds 200 of the 1,000 issued shares. The other 800 shares are divided equally between the other 16 graphic designers in Snowzone. Two of these other 16 graphic designers are the directors of the company. James did not support the election of these directors but a majority of the other shareholders voted for them. The company has paid dividends to the shareholders from time to time but not for the last 3 years. Snowzone uses computer hardware supplied by Nicola Pty Limited. The 2 directors of Snowzone are in fact shareholders in another computer hardware supplier, Zabriski Pty Limited, and they, together with some of the shareholders of Snowzone favour a change in the hardware supplier to Zabriski Pty Limited. The directors accordingly call an extraordinary general meeting so that the shareholders can vote on a change of the hardware supplier. James has consistently voiced his opposition to a change to Zabriski Pty Limited. James has also recently begun contacting other shareholders seeking their support in requesting that the directors pay a small dividend in the current year. He has little success with the shareholders but still puts his proposal to the directors. Snowzone’s directors and the majority of shareholders, several of whom are relatives (family)...
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...historical and sociocultural. Specifically, to the fields of Indigenous and Legal Studies, it will confirm that communication is heavily influenced by context. Situational context is the setting, environment, activity or specific situation in which the communication is taking place. As a result, of this, it is a major factor in influencing modes of communication that are produced (Kossen, Kiernan and Lawrence, 2013). For instance, an informal pub location will have forms of communication that will differ significantly to that of a formal ballroom room function. When describing the outcome of situational context in communication Kossen states- “The context of situation enables us to interpret what is occurring in an accurate and appropriately informed manner.” (Kossen, Kiernan and Lawrence, 2013, p.126). Additionally, the use of technology plays a vital role in situational context and can see a breakdown in communication. According to Tardanico, (2012) in regard to social media, 93% of communication is non-verbal and therefore in the situational context of social technology we see this form of communication not being used when compared to ‘normal’ modes of communication. Therefore, by having informed knowledge of how situations or settings affect the communications process, it can be pivotal to the success of communicating effectively. In the case of this form of the context within Indigenous and Legal Studies, it is fundamental to a successful outcome whether that is in a community...
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...Brett Burt SWK-414 International Social Development Session 3 2010. APA Date submitted: 17th December 2010. via EASTS I, Brett Burt, have read and understood the Charles Sturt University Plagiarism Policy. I declare that this assignment is my own original work and represents my intellectual property. It does not contain the work of others without appropriate reference being made. Essay Question ‘Critically discuss the meaning of international social work and social development and demonstrate your understanding of the integrated perspectives approach by analysing and applying to an issue such as local level development, poverty, post conflict reconstructions, forced displacement.’ International social work seems to mean different things to different people in different communities, across the globe. Even the term ‘social work’ is often hard to pin down in the Western tradition. The first ‘constant’ seems to be the history of the development of social work in Britain after the Industrial Revolution and then across the western world predominantly in the United States. Second, social work as a profession arose as the result of the issues thrown up by the Industrial Revolution, such as mass movements away from rural based living, agricultural jobs reduced, with massive technological innovations commencing as far back as the development of the steam engine. Third, social work as a profession is united by its values which are social justice and a need to...
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...‘common law’ system: * The system of law derived from the English legal system. Uses judicially decided cases as the basic form of law. See chapter 10. * The way that the law is made: Judges make law based on decided cases (precedents) and develop sets of legal principles which emerge from the judgments in decided cases.’ See chapter 12, 13, and 14. * The category of laws which grew from the medieval royal courts (‘the courts of common law’) and other areas of law, which came from the medieval Lord Chancellor’s role (‘equity’). See chapter 10. * Decision making in courts after an adversarial trial: derived from historical ‘trial by battle’ introduced by Normans. The battle has since then become a verbal one. See chapter 2. * A court system for dispute resolution: See chapter 11. However, Australian law has developed distinct characteristics of its own: * A federal system made up of a Commonwealth and States and Territories: separates out the powers of different bodies of government. See chapter 8. * A limited recognition of indigenous customary law: Mabo (No 2) held that native title to land could exist, separate from the common law and based on indigenous customary law. Other forms of recognition are ad hoc, but do exist: * Criminal justice system in NT carried out on a customary basis rather than common law in certain cases. * Customary law marriage is recognised. * Certain aspects of indigenous heritage have been protected...
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...APA Referencing guide Academic conventions and copyright law require that you acknowledge when you use the ideas of others. In most cases, this means stating which book or journal article is the source of an idea or quotation. This guide draws from the: American Psychological Association. (2010). Publication manual of the American Psychological Association (6th ed.). Washington, DC: Author. University policy mandates the use of the APA Style defined by this referencing guide. On this page: * List of references * How to cite references within the text of an assignment (including citations from secondary sources and Creative Commons) * Additional help List of References At the end of your essay, place a list of the references you have cited in the text. Arrange this in alphabetical order of authors' surnames, and then chronologically (earliest publication date first) for each author where more than one work by that author is cited. The author's surname is placed first, followed by initials or first name, and then the year of publication is given. If the list contains more than one item published by the same author(s) in the same year, add lower case letters immediately after the year to distinguish them (e.g. 1983a). These are ordered alphabetically by title disregarding any initial articles (a, an or the). * The reference list includes only the sources you have used in any submission. APA Style requires reference lists, not bibliographies...
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...L3 Language Literacies Learning Harvard referencing guide UniSA This guide will help you apply the Harvard referencing style to your writing at UniSA. It is designed to help you understand the conventions and principles of this style and make decisions about referencing. There are many different versions of the Harvard style. This guide presents one consistent version for use at UniSA, which conforms to the Australian Government standard guidelines presented in Snooks & Co (eds) 2002, Style manual for authors, editors and printers, 6th edn, Wiley & Sons, Australia. Table of contents What is referencing? ......................................................................................................................... 2 How do we reference? ...................................................................................................................... 3 Sample extract from an essay ............................................................................................................ 5 What if your source does not match? ................................................................................................ 7 Harvard referencing UniSA examples ................................................................................................. 8 Print ................................................................................................................................................... 8 Book ..............................................
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...Information Access Centre (LIAC). Hot Topics aims to give an accessible introduction to an area of law that is the subject of change or public debate. International law 1 overview What is international law? – difference between international law and domestic law – Why do States obey international law? – subjects of international law – How do international law and domestic law interact? 4 sources of international law Jus cogens – international conventions and treaties – Australian treaty practice – custom – general principles of law – judicial decisions and writings of publicists – ‘hard law’ and ‘soft law’. 8 states What is a State? – rights of States – self-determination – creation and recognition of new States – case studies. AUTHOR NOTE: Jane Stratton currently leads corporate social responsibility programs in a leading Sydney law firm, teaches law students at a Sydney university and independently, undertakes community development projects in Western Sydney. Her work has included legal and policy roles in the Public Interest Advocacy Centre, the Australian Human Rights Commission, UN High Commission for Refugees and the ICTY. She has experience in litigious and political advocacy. Jane holds qualifications in law (Honours) and in Arts (Honours) from ANU and a Masters of Law from New York University. ACKNOWLEDGMENT: The publisher would like to thank Dr Ben Saul, Director, Sydney Centre for International and Global Law, for reading and commenting...
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...2012 Assessment Report 2012 Legal Studies GA 3: Written examination GENERAL COMMENTS The 2012 Legal Studies examination was challenging for many students. Many common misunderstandings about various aspects of the legal system were evident in responses to the examination. Few students were able to demonstrate knowledge of a directions hearing. Incorrect cases were used as examples of the High Court protecting rights. In Question 3a. few students correctly identified that the Court of Appeal was higher than the Supreme Court (Trial Division) in the court hierarchy. Many students had a limited understanding of the operation of section 109 of the Constitution and struggled to provide a thorough response to Question 3b. Students should become familiar with the study design throughout the year. Students are expected to demonstrate the ability to discuss, explain and evaluate. Students’ ability to evaluate requires more attention. Students should not rely on rote-learned or pre-prepared answers as they will rarely address the question. Time management was an issue in this examination, with many students writing lengthy responses to questions that only required a shorter response, therefore not allowing enough time for longer questions. A shorter question that asks for an outline (for example, Question 1a.) requires no more than one or two sentences in response. Good examination technique is essential and students should practise their technique throughout the year. If students continue...
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...This article was downloaded by: [University Of South Australia Library] On: 03 April 2015, At: 22:06 Publisher: Routledge Informa Ltd Registered in England and Wales Registered Number: 1072954 Registered office: Mortimer House, 37-41 Mortimer Street, London W1T 3JH, UK Journal of Australian Studies Publication details, including instructions for authors and subscription information: http://www.tandfonline.com/loi/rjau20 The return of the stolen generation Peter Read a a Historian at the urban research program , Australian National University Published online: 18 May 2009. To cite this article: Peter Read (1998) The return of the stolen generation, Journal of Australian Studies, 22:59, 8-19, DOI: 10.1080/14443059809387421 To link to this article: http://dx.doi.org/10.1080/14443059809387421 PLEASE SCROLL DOWN FOR ARTICLE Taylor & Francis makes every effort to ensure the accuracy of all the information (the “Content”) contained in the publications on our platform. However, Taylor & Francis, our agents, and our licensors make no representations or warranties whatsoever as to the accuracy, completeness, or suitability for any purpose of the Content. Any opinions and views expressed in this publication are the opinions and views of the authors, and are not the views of or endorsed by Taylor & Francis. The accuracy of the Content should not be relied upon and should be independently verified with primary sources of information. Taylor and Francis shall not be liable...
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