Suchergebnisse

Collection institutions (Libraries, Archives, Galleries, and Museums) are responsible for storing and preserving large amounts of digital data, which can range from historical/public figure records, to state or country- wide events. The ingest process often requires sifting through large amounts of data which may not always be sorted or categorized from the source/donor. It is possible to discover information that was not intended to be disclosed should the donor not be privy to the existence of said material. This issue is typically handled by communicating with the donor, however, if they have no relation to what has been uncovered in the data, further steps may need to be taken. If the data belong to or are about someone living, that person may need to be contacted, depending on the nature of the data discovered. If the person of interest is no longer living, legally there would no issue disclosing all information uncovered, how- ever, implications for living relatives must be considered should the disclosed information be potentially revealing or harmful to them. This can include hereditary health issues, political or religious views, and other sensitive in- formation. There are significantly more variables to con- sider, such as public interest and defamation which can heavily impact the decision process following the discovery of sensitive data, all whilst guided, but not necessarily enforced by law. This remains somewhat of a gray area as the entities handling such data are often exempt from these laws and principles, making these decisions ethically and morally based more so than legally. In this article, the Australian laws and policies that surround privacy issues, defamation, and data relating to Aboriginal and Torres Strait Islander people and culture are explored. The aim is to raise awareness on potential issues that may arise in collection institutions as well as potential threats already sitting in storage and the laws and policies that may serve as guidelines to help overcome/mitigate such ...

40th Anniversary of the Federal Court of Australia - Dinner Speech / Sir Gerard Brennan AC KBE GBS -- 1. The Role and Future of the Federal Court within the Australian Judicial System / Chief Justice James Allsop -- 2. Excellence, Innovation and Courtesy: Federal Court Procedure and Modernity / Peta Spender -- 3. The Federal Court of Australia and Extra-judicial Work / Fiona Wheeler -- 4. A Short History of the Federal Court's Anti-Discrimination Jurisdiction / Justice Debbie Mortimer -- 5. The Federal Court and Administrative Law: How Does the Court Deal with Findings of Fact on Judicial Review? / Justice Alan Robertson -- 6. The Federal Court and Constitutional Law / Justice John Griffiths and James Stellios -- 7. The Development of Australian Private International Law / Mary Keyes -- 8. Misleading Conduct before the Federal Court: Achievements and Challenges / Elise Bant and Jeannie Marie Paterson -- 9. Developing Australia's Competition Law: The Federal Court's Contribution / Russell Miller -- 10. The Federal Court's Jurisdiction in Intellectual Property / Justice Andrew Greenwood -- 11. The Gatekeeper Court: For the Revenue or For the Taxpayer? / Rachel Davies and Miranda Stewart -- 12. The Federal Court and Native Title Law / Mick Dodson -- 13. Corporations and Corporate Insolvency Jurisdiction of the Federal Court - From Passer-by to Chameleon Lodger / Justice Michelle Gordon -- 14. Remedies / Justice William Gummow -- 15. The Law of Admiralty: An Ancient Regime in a Modern Era / Justice Neil McKerracher -- 16. The Federal Court's Contribution to Australian Workplace Law / Joellen Riley -- 17. Federal Indictable Offences: Has the 'Autochthonous Expedient' Run its course / Justice Mark Weinberg -- 18. The Federal Trajectory of Australian Law / Jeremy Kirk

While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.

Delve into the history of the Australian legal system. This first volume of 15 essays, by distinguished judges and practitioners, sets the very highest standards of analysis and scholarship. There are incisive assessments of key figures such as Sir Owen Dixon and Justice Joseph Story, and of key developments such as the establishment of an Australian land law, the reception of the common law, the growth to nationhood, the changing role of precedent, and the separation of powers