Developments In Australian Law Research Articles

Reforming the Law on Consent to Medical Treatment for Trans Youth: A Renewed Call for Legislative Intervention

Australian trans youth seeking medical treatment for gender dysphoria can encounter significant legal barriers to healthcare. Legal requirements for obtaining valid consent to gender-affirming care, first established in 2004, mean that an application to the Family Court is required in many cases before treatment can be provided. The development of Australian law concerning consent for the medical treatment of trans youth has been slow, haphazard, and remains incomplete. The Family Court process has been found to be damaging to trans youth and their families. There is widespread agreement that the law needs reform, even more so since the 2020 decision in Re: Imogen. This article explores the implications of the decision in Re: Imogen for trans youth and their families and raises possible models for reform. It starts by providing the background to Re: Imogen and explaining the current legal position. It then explores why the law needs to be reformed, highlighting the inconsistent approach to competency in Australian law and the harm the current law does to trans youth. Building on critiques of the law in this area, it reviews various options for law reform and suggests an optimal model.

Family violence and the workplace: Recent developments in Australian law

This article examines the workplace rights and anti-discrimination protections available for Australian workers who experience family violence. Despite the significance of family violence as a workplace issue, federal anti-discrimination law and, until recently, the Fair Work Act 2009 (Cth) have failed to provide adequate protection to such employees. The author considers two recent developments in Australian law which may provide more comprehensive rights and protections for family violence victims. Namely, the introduction of domestic violence leave by the Fair Work Amendment (Family and Domestic Violence Leave) Act 2018 (Cth) and the family violence attribute under the ACT Discrimination Act 1991.

EXPLORING THE IMPLICATIONS OF GENDER IDENTIFICATION FOR TRANSGENDER PEOPLE UNDER AUSTRALIAN LAW

Developments in Australian law over the last 40 years have allowed transgender persons a greater level of autonomy when it comes to establishing their legal gender. The shift in some jurisdictions from employing a strict biologically-based test for determining gender identity to adopting a multifactorial approach based on a broad range of relevant factors has enabled a greater number of individuals to gain legal recognition of their preferred gender. This article traces the development of a gender identification test at common law. It explores Australian federal and state legislative schemes and draws attention to the inconsistencies between jurisdictions. It also highlights the impact that these statutory variations may have upon transgender individuals. Parts I, II and III discuss the current approach to regulating gender identity at common law and via legislation. Part IV discusses the impact of these laws on transgender people and highlights the need for all Australian jurisdictions to adopt a uniform approach to gender identification.

THE FUTURE OF INSIDER TRADING IN AUSTRALIA: WHAT DID RENE RIVKIN TEACH US?

<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[The case of R v. Rivkin</span><span>1 </span><span>is one of the very few Australian cases resulting in a conviction for insider trading, making it a landmark case in this area of the law. This article examines developments in Australian law relating to insider trading in light of this decision of the New South Wales Court of Criminal Appeal. Aspects of the insider trading offence which have been clarified by Rivkin’s case are examined and discussed, as are those which remain contentious or unclear despite the judgment. The essential ele- ments of the insider trading offence are reviewed in this context, particu- larly in light of recent legislative reform and relevant academic commentary. This article also considers the role of the courts in interpret- ing difficult legislative provisions such as the laws regulating insider trad- ing, as well as providing an international perspective by analysing the potential application of key provisions of the legislative regimes of other jurisdictions. Clarification of contentious aspects of insider trading has been much needed, so despite the continuing absence of clarity in relation to some elements of the offence, judicial pronouncement by a higher court on these issues should be viewed as a welcome development to the laws on insider trading.</span><span>] </span></p></div></div></div>

Women Within the Refugee Construct: 'Exclusionary Inclusion' in Policy and Practice -- the Australian Experience

Whilst women are a significant proportion of the world`s refugee population, they are less likely than men to make a claim for refugee status in a Western state. But if they do, they are most likely to succeed upon the basis of a claim as a victim of violence in a patriarchal society. This paper demonstrates how this paradigm constructs women `culturally` or socially as objects of a power relationship, and how this diminishes their experiences as women refugees. In the case of Refugee Woman, this exacerbates the trend to `exclusionary inclusion` of asylum seekers in our political and legal systems. Recent developments in Australian law and policy illustrate this argument.

Women Within the Refugee Construct: ‘Exclusionary Inclusion’ in Policy and Practice — the Australian Experience

Whilst women are a significant proportion of the world's refugee population, they are less likely than men to make a claim for refugee status in a Western state. But if they do, they are most likely to succeed upon the basis of a claim as a victim of violence in a patriarchal society. This paper demonstrates how this paradigm constructs women ‘culturally’ or socially as objects of a power relationship, and how this diminishes their experiences as women refugees. In the case of Refugee Woman, this exacerbates the trend to ‘exclusionary inclusion’ of asylum seekers in our political and legal systems. Recent developments in Australian law and policy illustrate this argument.

Communal Native Title and the Common Law: Further Thoughts on the Gove Land Rights Case

Mr Priestley disagrees with the view expressed by Dr Hookey in his article “The Gove Land Rights Case”, that to a limited extent the common law recognized native communal title to land. Instead he suggests that the decision in Johnson v. M'Intosh which Dr Hookey regards as an exposition of this common law position, was an exposition of the law of Virginia as it had developed to the end of the 18th century. As such it may give guidance in the development of Australian law but similar conclusions should be drawn only in circumstances of sufficiently similar commencement and development. Mr Priestley concludes that in Milirrpum v. Nabalco Pty Ltd there was not evidence of such similarity before the court.