Australian Legislation Research Articles

Show me your hand: An examination of voting methods at annual general meetings

Until 2022 Australian companies' legislation required that resolutions at annual general meetings be decided using a show of hands of those present at the meeting unless the meeting chair called a poll vote. The use of show of hands voting has been criticised as it ignores a shareholder's ownership stake and does not count the votes of shareholders that vote prior to the meeting. Additionally, there is anecdotal evidence that resolutions have been passed by a show of hands when votes cast prior to the meeting suggested that the resolution may have failed. This study investigates the extent of inappropriate passing of meeting resolutions, along with the determinants and consequences of the voting method employed. Consistent with the anecdotal evidence we report that some firms appear to have inappropriately passed resolutions using a show of hands vote. We document firms are more likely to vote by poll when they are larger, have lower stock returns, have greater board gender diversity and lower shareholder concentration. Importantly we find that the method of voting matters to shareholders and that a move away from voting by a show of hands encourages greater shareholder voting participation and dissent at the annual general meeting. Interestingly, firms are more likely to withdraw resolutions with higher dissent prior to the AGM when show of hands voting is discouraged.

50 years of comprehensive state-wide data on pregnancy termination in South Australia: a retrospective, population-based, cohort study

Termination of pregnancy is a common procedure, accessed globally, irrespective of logistical and legal barriers. We aimed to document changes in procedural characteristics and demographic factors over time in South Australia, as well as to examine how key sociodemographic variables affect gestational age at pregnancy termination. South Australian legislation has required mandatory collection of data related to pregnancy termination since 1970. We conducted a retrospective population-based cohort study of all pregnancy terminations in the state from 1970 to 2020. The primary outcome was gestational age at termination of pregnancy. Linear regression was used to examine socioeconomic characteristics that could confer disadvantage in access to pregnancy termination, with postcodes coded according to the 2016 Australian Statistical Geographical Classification-Remote Area system and the Index of Relative Socio-Economic Advantage and Disadvantage (IRSAD) from the Australian Bureau of Statistics 2018. Between Jan 1, 1970, and Dec 31, 2020, 225 440 pregnancy terminations were performed at a median of 8 weeks' gestation (IQR 7-10). Most pregnant individuals (median age 24 years [IQR 20-31]) resided in urban areas (n=166 311 [77·9%]) and received surgical pregnancy termination (n=287 345 [78·4%]). Major complication rates remained low over time; however, major complications occurred more frequently at higher gestational ages. Gestational age at pregnancy termination decreased over time (from 9 weeks [IQR 8-11] in years 1970-75 to 7 weeks [6-9] in years 2016-20) and was strongly correlated with being a teenager (ie, aged <20 years), rurality, and IRSAD score, with individuals at greater levels of socioeconomic disadvantage undergoing pregnancy termination at consistently higher gestational ages. Over time, there have been many changes in the demographics of women and the method used for pregnancy termination. Even in a high-income country with legal and publicly funded access to pregnancy termination, there are significant differences in the gestational age at which pregnancy termination occurs, which vary with socioeconomic disadvantage. Understanding changes in the demographics of those undergoing this procedure and the influence of various indicators of socioeconomic disadvantage is vital for optimal service provision. None.

Why Can’t My Child Play Too? Current Challenges of Public Playgrounds for Children with Disabilities.

Current Australian legislation promotes playground inclusion for all children, and playgrounds serve as local, safe, and vital spaces for children of all ages to play. The World Health Organisation International Classification of Functioning, Disability and Health, Children and Youth Version states that play is a key activity to engage children with disability in various areas of their lives, and there is no doubt that playgrounds can promote community and social engagement for all children. Consequently, accessible playgrounds are important because they can offer motor, psychological, and social skill development in a fun-filled environment. Nonetheless, some children encounter challenges in playground settings. Surprisingly, very little research has been conducted in Australia on the experiences of children with disabilities in public playgrounds. According to the National Autism Strategy announced by the Australian Government in 2022, there is a growing number of Australians on the autism spectrum. For many individuals with an autistic spectrum disorder (ASD), life outcomes in education, health, and family functioning are worse than they should be. Consequently, while this paper addresses a general perspective of inclusive playground experience for children with disabilities, there is also a focus on the experiences of children with ASD in playgrounds. As a result, this literature review begins with an introduction to the prevalence of autistic spectrum disorder and its associated characteristics. It presents existing research on play, examining various playground factors that impact the experiences of children with disabilities, including ASD. In addition, the role of parents/carers in influencing the outdoor experiences of children with disability is also explored. In conclusion, this paper summarises key findings and proposes relevant research questions to address these gaps.

Defining Dignity and its Application to Australian Mental Health Legislation

Defining Dignity and its Application to Australian Mental Health Legislation

사이버폭력 실태 및 피해자 보호 강화 방안 - 사이버 불링(Cyber-bullying)을 중심으로

With the advancement of modern science and technology, such as artificial intelligence, cyberbullying is becoming more diverse and brutal. Among the types of cyberbullying, continuous or repeated cyberbullying seriously violates the victim's personal rights. However, the current law cannot properly regulate new types of cyberbullying, such as acts that alienate and exclude victims, online impersonation using deepfake technology, and image bullying. Thus it fails to fully protect victims. As the damage caused by cyberbullying is becoming more serious, with an increasing number of youths experiencing suicidal or self-harming impulses, it is necessary to introduce independent criminal punishment provisions for serious cyberbullying targeting children and youth by referring to legislation in North Carolina, USA and New Zealand, prior to criminal regulation of adults. As regulations and responsibilities for information and communication service providers are being strengthened worldwide, it is necessary to take note of these legislative trends and ensure that information and communication service providers actively respond to victims’ requests to delete harmful information related to cyberbullying in addition to illegal information subject to criminal punishment. Also, it is urgent to introduce a system that requires information and communication service providers to promptly provide anonymous information on the perpetrators in order to prevent the victim's damage from expanding as quickly as possible and to prevent secondary damage. With reference to Australian legislation, a procedure should be established where the Korea Communications Commission directly requests information and communication service providers to provide personal information and contact information even if the victim does not file a civil or criminal suit. In addition, in order to quickly secure evidence when cyber school violence occurs among youth, school principals and teachers in charge should be given the authority to inspect and confiscate cell phones. In this way, in cases where it is difficult to secure evidence, such as when the victim commits suicide, the true nature of school violence should be properly revealed and the youth should be subject to appropriate punishment.

Do compulsory mental health patients have a right to receive a second opinion on their treatment under Australian mental health legislation?

We reviewed Australian mental health legislation to determine what obligations it places on psychiatrists to facilitate second opinions for compulsory patients who request them. Only four jurisdictions-Australian Capital Territory, Queensland, Victoria, and Western Australia-have legislated for 'patient-initiated' second opinions. Within these four regimes, there is variation in important aspects of the second opinion process, and there is a general absence of direction given to the second opinion providers. Based on research showing the variability of second opinion provision under New Zealand mental health legislation, we argue that this absence is likely to result in significant variation in the quality and depth of second opinions provided in Australia. We argue that New South Wales, the Northern Territory, South Australia, and Tasmania should consider formal provision for patient-initiated second opinions in their mental health legislation. We believe that such legislation ought to be aware of the barriers patients may face in accessing second opinions, and avoid exacerbating these barriers as Queensland's legislation appears to. Also, we argue that research on current practice in Australia should be conducted to better understand the effects of legislation on second opinions, and to help determine what amounts to best practice.

Australian Legislation concerning Matters of International Law 2023

Australian Legislation concerning Matters of International Law 2023

Session 24. Oral Presentation for: Challenges and opportunities in Australian greenhouse gas storage legislation: insights from the CarbonNet project

Session 24. Oral Presentation for: Challenges and opportunities in Australian greenhouse gas storage legislation: insights from the CarbonNet project

Australian Anti-encryption Legislation and Its Impacts on Security and Privacy

Telecommunications and Other Legislation Amendment (Assistance and Access) Act 2018 gives relevant authorities (e.g. law enforcement, national security agencies and intelligence agencies) significant new powers regarding access to encrypted communications data, and hence extensive public attention have been attracted and opinions expressed concerning general security and privacy of users. This essay will first briefly introduce the key contents of the Assistance and Access Act 2018, then discuss how it will affect security and privacy of users respectively by considering both supporting and opposing arguments, and then further the discussion into a global environment by examining the history of a variety of efforts on similar powers. It concludes that though the Assistance and Access Act 2018 has sophisticated oversight mechanism and takes into consideration the most concerned systemic weaknesses security issue, its definition and guidance are vague and is likely not practical to achieve what the Act is designed for in practice. The potential overreach of the Act not only will impose great threats to system security as a whole, but also will breach the principle of privacy.

Current and emerging feral cat management practices in Australia

Context Feral cats are responsible for the decline and extinction of species globally. Predation by feral cats is identified in Australian legislation as a key threatening process. However, clear guidance to local land managers on feral cat management techniques and their impacts, limitations and potential costs can be difficult to find. Aims In this study, feral cat management experts from around Australia identified available management techniques and their average environmental, social, and economic impact for different ecoregions and land-use types. Methods We convened a 1-day structured elicitation workshop with 19 experts and five facilitators. Experts identified the techniques used for feral cat management; the effectiveness, impact, and cost of each method; and the key knowledge gaps associated with feral cat management. Facilitators aided in the design and format of the workshop, led the discussion at each stage and collated the results. Key results Experts identified the following 10 techniques currently used in Australia: aerial baiting; ground baiting; leghold trapping; cage trapping; shooting; tracking with detector dogs; tracking by Indigenous Rangers; habitat modification; resource modification; and exclusion fencing. In general, experts highlighted that permits, legislation and scale of application constrained many of these techniques. Aerial baiting was considered the most effective technique for reducing feral cat populations in natural and production systems. Cage trapping, shooting, or tracking with detector dogs were considered more effective in residential areas. For all techniques, efficacy estimates varied according to the following three broad vegetation structural regions: (1) deserts and xeric shrublands; (2) forests and woodlands; and (3) grasslands, savannas and shrublands. Techniques considered to have the lowest social tolerance and highest impact to non-target native species included aerial baiting, ground baiting and leghold trapping. Techniques considered to have high social tolerance and low impact on non-target species included tracking by Rangers, tracking with detector dogs, and habitat and resource modification. Conclusions Estimates of management action efficacy differ among land-use types and at least three vegetation structural regions. However, social licence, logistic and legislative constraints are the key drivers of the availability of methods for these areas. Implications Feral cat management programs should consider how program strategy can be prioritised on the basis of technique availability, region of use and expected impact.

The Application of Australian Rights Protections to the Use of Hepatitis C Notification Data to Engage People 'Lost to Follow Up'.

Hepatitis C is a global public health threat, affecting 56 million people worldwide. The World Health Organization has committed to eliminating hepatitis C by 2030. Although new treatments have revolutionised the treatment and care of people with hepatitis C, treatment uptake has slowed in recent years, drawing attention to the need for innovative approaches to reach elimination targets. One approach involves using existing notifiable disease data to contact people previously diagnosed with hepatitis C. Within these disease surveillance systems, however, competing tensions exist, including protecting individual rights to privacy and autonomy, and broader public health goals. We explore these issues using hepatitis C and Australia's legislative and regulatory frameworks as a case study. We examine emerging uses of notification data to contact people not yet treated, and describe some of the ethical dilemmas associated with the use and non-use of this data and the protections that exist to preserve individual rights and public health. We reveal weaknesses in rights protections and processes under Australian public health and human rights legislation and argue for consultation with and involvement of affected communities in policy and intervention design before notification data is used to increase hepatitis C treatment coverage.

Adapting TeachABI to the local needs of Australian educators - a critical step for successful implementation.

Background The present study is the foundational project of TeachABI-Australia , which aims to develop and implement an accessible, nation-wide digital resource for educators to address their unmet acquired brain injury (ABI)-related professional learning needs. The aim of the present study was to identify the adaptations required to improve the suitability and acceptability of the TeachABI professional development module within the Australian education system from the perspectives of Australian educators. Methods The research design employed an integrated knowledge translation approach and followed the ADAPT Guidance for undertaking adaptability research. A purposive sample of eight educators eligible to teach primary school in Australia provided feedback on the module through a quantitative post-module feedback questionnaire and a qualitative semi-structured interview. Results Participants rated the acceptability of the module as 'Completely Acceptable ' (Mdn = 5, IQR = 1), and reported 'only Minor' changes were required (Mdn = 2, IQR = 0.25) to improve the suitability to the Australian context. Qualitative analysis of transcripts revealed three broad categories: (1) the usefulness of TeachABI , (2) the local fit of TeachABI , and (3) pathways for implementing TeachABI in the local setting. Recommended adaptations to the module collated from participant feedback included changes to language, expansion of content, and inclusion of Australian resources, legislation, and videos. Conclusions TeachABI is acceptable to Australian educators but requires modifications to tailor the resource to align with the unique schooling systems, needs, and culture of the local setting. The systematic methodological approach to adaptation outlined in this study will serve as a guide for future international iterations of TeachABI .

Clinical utility of elective paediatric flexible bronchoscopy and impact on the quality of life: protocol for a single-centre, single-blind, randomised controlled trial

IntroductionElective flexible bronchoscopy (FB) is now widely available and standard practice for a variety of indications in children with respiratory conditions. However, there are no randomised controlled trials (RCTs) that...

The Turbulent Effects of COVID-19 Policy on Australian Federalism and National Uniform Legislation

The Turbulent Effects of COVID-19 Policy on Australian Federalism and National Uniform Legislation

Reproductive Coercion and Abuse: The Potential Protective Scope of Existing Family Violence Legislation in Australia.

Reproductive coercion and abuse (RCA) removes or reduces reproductive autonomy and decision-making. RCA-focused research is mostly situated within a health care perspective, with much less focus on sociolegal or criminological considerations. This article reports a summary of findings from an examination of existing Australian family violence legislation to discern whether these provisions could facilitate improved responses to RCA. The study analyzed whether and how RCA is reflected within legislative definitions of family violence across Australia, to determine their potential protective scope. The state of South Australia is the only jurisdiction to provide explicit reference to behaviors regarded as RCA, but many definitions within the family violence legislation in other jurisdictions implicitly cover RCA. While such implicit coverage may hinder the recognition of RCA as a form of family violence, it may also provide sufficient flexibility to enable RCA to be addressed through the legal application of current family violence policy and legislation-with consequential potential benefits for the identification and support of victim-survivors.

Posthumous conception in Australia - legal and ethical considerations.

Posthumous conception, the ability to conceive a child after the death of one partner, is increasingly prevalent due to advances in Artificial Reproduction Technology (ART). This paper considers the complexities surrounding the practice in Australia, focusing primarily on the ethical and legal dimensions. It observes that state-based regulations in Australia create disparities in accessibility: some states prohibit the procedure without the deceased's written consent, while others permit it based on guidelines or lack explicit prohibitions. Addressing the juxtaposition of Will Theory and Interest Theory, it emphasises the ongoing debate on whether rights, particularly reproductive autonomy, outlive a person's demise. Finally, the paper highlights an evident inconsistency in Australian legislation and promotes a uniform approach across states.

Patents and unjustified threats—Legal solutions in Australia

AbstractWhile intellectual property laws protect rights holders from infringement of their intellectual property, these laws also protect against abuse of those rights where rights holders unjustifiably threaten competitors with infringement proceedings. The introduction of additional damages for flagrant unjustified threats under the recent Intellectual Property Laws Amendment (Productivity Commission Response Part 1 and Other Measures) Act 2018 (Cth) may benefit an alleged infringer who is not found to have infringed a valid patent. In particular, new section 128(1A) to the Patents Act 1990 allows additional damages to be awarded against a person for making blatant unjustified threats of infringing a patent. In cases where it is difficult to determine the loss and ordinary damages cannot be awarded, a court could award a nominal amount in compensation, but the difficulty lies in whether, in some cases, damages can be awarded at all. This raises the need to consider other legal avenues to address the issue of unjustified threats relating to patented inventions. In this paper we have identified four such other legal avenues being: specific provisions of the Australian Consumer Law; the misuse of market power provisions in s 46 Competition and Consumer Act 2010 (Cth); the duty of care and diligence in s 180 Corporations Act 2001 (Cth); and the law of joint tortfeasorship. Each of these potential legal solutions will be examined in turn however a comparison of remedies, or interactions with the laws of evidence, and exploration of costs are beyond the scope of this analysis. Further while we acknowledge that other Australian legislation provides a cause of action arising from the making of unjustifiable threats, such as in the Copyright Act 1968, the Trade Marks Act 1995, the Designs Act 2003 and the Circuit Layouts Act 1986, this paper is focused on the Patents Act 1990 only.

Australia’s Tax Integrity Measure Targeting Payments for Intangibles by Multinational Groups Overreaches and Gives Cause for Concern

This article finds the draft Australian legislation purporting to deny deductions for payments relating to intangible assets connected with low-tax jurisdictions to ensure multinational enterprises pay their “fair share of tax in Australia” overly complex, overreaching, and potentially damaging to political relations with one of Australia’s most important trading partners.

Cultural loss and compensation in the anthropology of Aboriginal Australia

AbstractCultural loss has been neglected in the study of Aboriginal Australia. This neglect reflects the impact of changes in Australian society involving the recognition and celebration of Indigenous culture. Yet new jurisprudence relating to compensation under Australian land rights legislation has refocused attention on cultural loss. This article draws on ethnography from North West Queensland's Gulf Country to examine how the concept of loss relates to change. Reflecting on the rise of the juridical notion of a “compensable act,” I ask, When does “loss” occur and to whom, and what solace may be found for cultural loss? I argue that these questions focus attention on the fraught relationship between Indigenous people, anthropology, and the law in Australia, while also offering an opportunity to reformulate those relations.

An Ethical Examination of Donor Anonymity and a Defence of a Legal Ban on Anonymous Donation and the Establishment of a Central Register.

Many if not most sperm donors in the early years of IVF donated under conditions of anonymity. There is, however, a growing awareness of the ethical cost of withholding identifying parental information from donor children. Today, anonymous donation is illegal in many jurisdictions, and some jurisdictions have gone as far as retrospectively invalidating contracts whereby donors were guaranteed anonymity. This article provides a critical evaluation of the ethics and legality of anonymous donation. We defend Australian and British legislation that has outlawed donor anonymity, and we argue for the establishment of a central registry that provides donor children with the ability to easily and reliably access identifying information about their donor parents.