Print versionThis article examines the Criminal Offence Victims Act 1995 (Qld) and its partnering Regulation. It is argued that the Act inadequately caters for victims of sexual offences for three main reasons, these being: the assumption of the ‘stranger violence’ model within the Act, the ‘related acts’ provision, and the inability of the Regulation to remedy the existing problems. Having dissected these three issues, the article discusses how best to remedy the current inadequacies and compares parallel Acts in other jurisdictions.
To read the full article, click here
This article introduces the concept of vessel nationality and examines it from four perspectives: firstly, the historical rationale for vessel nationality; secondly, the origins of the term ‘genuine link’; thirdly, the definitions of flag states’ rights and duties at international law; and fourthly, the implications of this legal framework for contemporary peacetime shipping, in particular, the phenomena of ‘open registries’ and so-called ‘flags of convenience.’ The thesis of this article is that the ‘genuine link’ concept appears to be redundant in its terms and purpose. Nevertheless, alternative methods for realising an effective regime of enforcement jurisdiction over vessels via their international legal personality continue to emerge.
To read the full article, click here
This case note considers the controversial case of Harriton v Stephens, in which the High Court of Australia held (6:1) that an action for wrongful life is not available in Australia. The note takes a critical perspective on the determinative issues, focusing on the construction of the duty of care issue in Crennan J’s leading judgment. The note concludes that the approach taken by her Honour – that legally cognisable damage is a precondition to a duty of care – unnecessarily conflates the two issues in a manner which leads to the erroneous rejection of wrongful life as a cause of action in Australia.
To read the full article, click here
The Approved Destination Status (ADS) allows Chinese tourists to travel to Australia in guided groups under regulated conditions. The scheme aims to provide economic benefits for both Australia and China, prevent the exploitation of Chinese tourists, limit illegal immigration, and enhance positive diplomatic relations. Two main shortcomings of the scheme are highlighted in the article. First, existing government measures have been unable to prevent continued exploitation of Chinese tourists coming to Australia under the ADS scheme. Second, the ADS scheme engages the Australian Government in restrictive conduct that violates international human right standards in its treatment of ADS tourists. The article makes a number of recommendations for improving the ADS scheme.
To read the full article, click here
The Guardianship and Administration Act 2000 (Qld) authorises the Guardianship and Administration Tribunal to appoint a guardian and/or administrator to make certain types of decisions on behalf of an adult with impaired decision-making capacity. This article examines the guardianship and administration regime in Queensland and the main issues faced by homeless clients who sought legal assistance from the Homeless Persons’ Legal Clinic (HPLC) conducted by the Queensland Public Interest Law Clearing House (QPILCH) regarding guardianship and administration orders in 2007-2008. It is argued that the lack of suitable review and appeal mechanisms which accommodate the nature of homelessness amounts to an indefinite sentence of dependence for these vulnerable and marginal members of the community.
To read the full article, click here