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Legal Herald - by Craig Hill

New Australian Domain Names Sale Rules

December 26th 2008 13:59
The Australian Domain Name Administrator (auDA) recently relaxed its rules on domain name transfers by introducing a new Transfers (Change of Registrant) Policy. Significantly, the policy allows domain name registrants to transfer or "sell" their .com.au domain name licences to any other eligible person or entity by any means. So what will be the effect of this relaxation in policy? Will the market be flooded by enterprising domain name registrants seeking to trade their .com.au domain names?

The birth of online domain name trading website Netfleet.com.au (Netfleet) may signal a new era in Australian domain name trading. Through Netfleet, domain name registrants can list their domain names for a fixed price or for auction within a range of categories. The site currently lists over 3,400 domain names in 22 categories such as health, finance, business, careers, sport, leisure and shopping. Prices being sought range from $180.00 (for memes.com.au) up to $1,000,000.00 (for business.com.au). Although buyers and sellers are required to subscribe to the Netfleet site, no fees or commissions are payable. This will ensure that the Netfleet online trading forum is available to all enterprising domain name traders.


Australian Domain Names


But before you go snaffling up available domain names in search of a quick dollar, it's worth remembering that there are some restrictions in place. The new auDA Transfer Policy explicitly prohibits the registration of domain names solely for the purpose of resale. To this end, the auDA can prevent or cancel the transfer of any domain name made within 6 months after the domain name is first registered. Also, domain names can only be registered by, and transferred to, people or entities that are eligible to hold the domain name under auDA's existing eligibility rules. This policy requirement will initially limit the pool of available buyers and sellers by requiring each to demonstrate that they have a genuine interest in using the domain name. A genuine interest is usually demonstrated by providing evidence of an associated company name, business name or trade mark.


So if you can prove you are eligible to hold a domain name, are able to wait 6 months after its registration and can find a willing buyer that is also eligible to hold the domain name under the applicable auDA eligibility rules, you're in business. Even with such restrictions in place, it is likely that budding entrepreneurs will seek to take advantage of the new transfer policy by registering a portfolio of tradeable domain names with a view to selling them to the highest bidder. Only time will tell whether a thriving domain name transfer market arises and whether the auDA will stem the tide by stringently enforcing its prohibition on registration of domain names for the sole purpose of resale.

Original article by Shelston Attorneys, Sydney
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Misfeasance In Public Office

December 26th 2008 13:31
Claims against government for the tort of misfeasance in public office appear to be on the rise. Usually, persons affected by government actions or decision-making will seek public law remedies. For example, where a person's interests are affected by a government decision that is made in excess of authority, the person might seek to have the decision set aside by a court. Where physical or economic harm has been caused by government actions or decisions, the injured person might seek compensation under a private law tort action. For example, where a government officer has exercised powers or functions negligently, the injured person might seek damages for the injury suffered.

The tort of misfeasance crosses this public/private divide: it is a private tort for damages, but it will only be established where there has been an unauthorised exercise of government powers or functions. It will often be claimed in combination with an action in negligence, but it is a "deliberate" tort in the sense that liability does not arise unless there is an intention to cause harm or the officer concerned knowingly acts in excess of his or her power. In other words, it will only arise where there is bad faith or malice in government actions or decision-making. Thus, the circumstances giving rise to a successful claim are very different to those giving rise to an action for negligence.

Misfeance Australia


Along with other actions against government, claims of misfeasance in public office may increase in tougher economic times. However, the elements of this tort are hard to prove and actions against government officers are rarely successful. Good faith government actions and decision-making will not give rise to liability under the tort, even if they arise from an invalid exercise of power or functions. More has to be shown for an action to be successful: there has to be bad faith or malice in government action or decision-making. Accordingly, although government officers should be alert to the possibility of such claims, good government decision-making should be business as usual. This article discusses the elements of the tort and identifies areas where uncertainties remain.

Elements of the tort

The tort of misfeasance is often described as "well established", however, its precise limits are still undefined. The following elements of the offence are often referred to: (i) an invalid or unauthorised act, (ii) done maliciously, (iii) by a public officer, (iv) in the purported discharge of his or her public duty, and (v) which causes loss or harm to the plaintiff.

i. An invalid or unauthorised act or omission

Misfeasance in public office requires a purported exercise of power that is invalid. Liability does not arise where an act or omission is done or made in a valid exercise of a power. Furthermore, liability does not arise simply because a purported exercise of power is ultra vires and damage was caused. More than mere invalidity of action must be shown.

ii. Malice

In addition to invalidity, liability for misfeasance in public office requires a particular state of mind - bad faith or malice. However, it is not entirely settled what is sufficient to constitute malice for these purposes. It is clear that an actual intention to cause harm constitutes malice (often referred to as "targeted malice"). Additionally, knowledge of invalidity, or recklessness as to the existence of power, when coupled with an additional element can constitute malice for the purposes of the tort. However, it is not entirely clear what that additional element is. It is probably the case that the additional element will include knowledge that the invalid exercise of power will cause injury or recklessness as to whether that injury will result. However, it has not been completely ruled out that foreseeability of injury might be sufficient.

No liability arises where damage has been caused by an invalid act, but the public officer acted in good faith and without knowledge of the invalidity.

iii. Public officer

The meaning of "public officer" is yet to be precisely defined. Nevertheless, previous cases provide some guidance as to the scope of the concept. On the one hand, some courts have taken a fairly broad approach: anyone who is appointed to discharge a public duty and who receives remuneration. On the other hand, other courts have taken a narrower approach: the holder of an office must owe duties to members of the public and, thus, not all government employees would be covered.

Clear examples of public officers in the decided cases include government ministers and Commissioners of Police. Examples in the cases where persons were considered not to be public officers include counsel appointed to assist a board of inquiry or royal commission, and a private barrister and instructing solicitor prosecuting an offence. That the concept is unclear is demonstrated by the decision in the recent case of Noori v Leerdam [2008] NSWSC 515, where it was held to be arguable that a solicitor representing the Commonwealth in administrative review proceedings was a public officer.

iv. Purported exercise of a public duty

The power in question that has purportedly been misused must relate to, or be attached to, a public duty. The meaning of "public duty" for the purposes of misfeasance has not been clearly determined. It seems that the power exercised may not need not be public in nature. If this is the case, an action in misfeasance could lie, for example, in relation to a contractual exercise of power by a public body.

v. Loss or harm

Damage, loss or harm to the plaintiff must be proved in order for an action in misfeasance to succeed. Damage is not limited to adverse effects upon a plaintiff's person or property. It can include a disadvantage or loss which the plaintiff would not, or might not, have suffered if the power had been validly exercised. Damages may also be claimed for pure economic loss.

The need for an antecedent relationship?

One issue that remains unresolved at the High Court level is whether, in addition to the requisite state of mind, it is necessary to show a connection between the plaintiff and the alleged tortfeasor. For example, does the plaintiff have to show an antecedent relationship with the alleged tortfeasor? Specifically, can a person who is not the subject of regulation, or whose interests are not immediately identifiable with the regulatory scheme in question, claim relief against an alleged tortfeasor for misfeasance in connection with the administration or enforcement of the regulatory scheme?

That question has been considered by a number of Australian and overseas courts, with differing views being expressed on the issue. Thus, it is unclear whether an antecedent relationship between a plaintiff and an alleged tortfeasor is a necessary element to be established to give rise to liability. This aspect of the tort, along with many others, remains to be resolved at the High Court level.

Misfeasance and public law

In the recent case of Commissioner of Taxation v Futuris Corporation Limited [2008] HCA 32, the High Court emphasised the affinity between the tort of misfeasance in public office and the public law concept of lack of bona fides giving rise to jurisdictional error. That affinity, the majority said, "reflects the precept that in a legal system such as that maintained by the Constitution executive and administrative power is not to be exercised for ulterior or improper purposes".

In Futuris, the question for the Court was whether an income tax assessment was invalid as a result of alleged misfeasance by the Commissioner of Taxation in making the assessment. Although the Taxation Administration Act 1953 (Cth) sets out a system for the review of tax assessments, this action was initially instituted in the judicial review jurisdiction of the Federal Court conferred by section 39B of the Judiciary Act 1903 (Cth). For a remedy to be ordered in that jurisdiction, a decision has to be affected by jurisdictional error. Section 175 of the Income Tax Assessment Act 1936 (Cth) provides that: "The validity of any assessment shall not be affected by reason that any of the provisions of this Act have not been complied with". The majority held that, because of section 175, errors in the process of assessment do not go to jurisdiction and so do not attract the remedy under section 39B of the Judiciary Act. However, despite this conclusion, the Court emphasised that decision-making that involved bad faith or malice would not be protected by section 175.

Thus, misfeasance in decision-making can give rise to a private tort claim against the officer acting in bad faith or with malice, and also can give rise to a claim that the decision be set aside for invalidity. Even where statutory schemes seek to confer protection for decisions against invalidity, bad faith in government decision-making is likely to render the decision invalid.

Conclusion

Government officers should be alert to the consequences of misfeasance, and should adopt good practices of public administration to minimise the risks of such claims arising. However, claims for misfeasance arise in rare circumstances, and good government decision-making should be business as usual.

Original article by Clayton Utz Solicitors, Sydney
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Freedom Of Information Reforms In ACT

December 15th 2008 13:55
Australian Capital Territory (ACT) Attorney General Simon Corbell has indicated that Labor will honour the commitments made during the recent ACT election by introducing changes to the Freedom of Information Act (FOI) 1989. These changes will remove conclusive certificates, except in relation to national security considerations.

"Conclusive certificates currently operate to remove documents and information from disclosure under Freedom of Information legislation. Further, conclusive certificates seriously limit access to the Administrative Appeals Tribunal to test decisions that documents subject to a conclusive certificate are exempt and protected from release under the Freedom of Information Act," Mr Corbell said.

Simon Corbell ACT Attorney General
Simon Corbell ACT Attorney General


The Freedom of Information Amendment Bill 2008 also proposes additional amendments to protect certain documents that ensure Ministers can fully exercise their responsibilities to the Assembly and its committees.

The Legislation will be introduced on Thursday.
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BLIND JUSTICE, NO WAY!!!!

July 19th 2007 00:25
The quashing of the criminal conviction against famous Australian celebrity Matthew Newton and son of legendary entertainer Bert Newton is a stark reminder that justice is not blind and that indeed the rich and famous receive lighter sentences or convictions. When walking inside a court room we want to believe that there will be no prejudices held against us such as race, gender, socio-economic status, but it can be argued that indeed justice does “peek”. Unfortunately it sometimes depends on who you are more than on what you do! The actual symbolism of justice is represented by a blind-folded woman holding a set of scales and is still used today. The ancient Greeks referred to the goddess as “Themis” while the Romans called her “Justitia” and she was usually portrayed as evenly balancing both scales and a sword and wearing a blindfold. Hence the blindfold symbolises that differences will not be looked at in a court room, and that we will all be dealt with equally. However, in numerous criminal matters last week in Country NSW similar domestic violence matters received criminal convictions. Many of the convicted do not have the funds to appeal matters to a higher court so it is difficult to have convictions quashed. According to newspaper reports the reason that Matthew Newton was able to “get off” without a record is due to his celebrity status and his counsel argued in court that this would have a devastating affect on his ability to make a living.
courtesy; www.morguefile.com
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photo by Xandert courtesy; www.morguefile.com
The arrest this week of Gold Coast Doctors Mohammed Haneef 27, and Dr Mohamed Asif Ali 26 in relation to the failed bombing attacks in London and Glasgow Airport has once again raised issues over the Anti-terrorism laws in Australia and whether or not they are too harsh. At this moment Dr Mohammed Haneef is still in custody while Dr Ali was released by the Australian Federal Police and simply told to go about his business “as usual”. But can you simply go back to the community after you have been accused of terrorism? For example it is unclear if Dr Ali can return to work. Similarly last year an Art teacher was arrested for having explosives piled up in his house which led to police sweeping in and arresting the teacher for fear that he was “planning an attack”. Many claim that the Anti terrorism laws implemented in an effort to safe guard Australia against terrorism is simply too “heavy handed” and that we should not forget the writ of Habeus Corpus. The writ of Habeas Corpus is a petition filed with a court by an imprisoned person who objects to his own imprisonment. In Brown v. Vasquez the court observed that the Supreme Court recognised the fact that the writ of habeas corpus is the fundamental instrument for safeguarding individual freedom against arbitrary and lawless state action. Lets hope that if the Doctors are not involved in the attacks that they may go back to their lives........ but it seems very unlikely.
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I AM GUILTY SAYS BUILDER

July 6th 2007 03:56
courtesy: www.freefoto.com
A licensed builder who destroyed part of a Heritage Listed house in Sydney's plush suburb of Wahroonga was ordered to pay fourteen thousand dollars by the NSW Land and Environment Court in Sydney. The builder Joe Vinci pleaded guilty to the destruction of the inside wall of the heritage listed house. Ironically it was Vinci's first job since starting his own building business and the prosecutor for Ku-ring-gai Council Mr Howard argued that Vinci should pay the maximum amount imposed for his breach of section 125 [76A] of the Environmental Planning and Assessment Act 1979. Vinci's counsel Mr Clay argued that although his client had committed a grave error when destroying the wall no major "environmental harm" had occurred during the destruction. Clay also asked Justice Pain to take numerous other factors into consideration when deciding the fine to impose such as the fact that Vinci would restore the wall and also that this was his first offence.
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Would You Drink Recycled Waste Water?

January 29th 2007 05:50
Glass of Water
photo by mconnors www.morguefile.com


Sometimes I wonder whether or not all the Aussie politicians ever get together and watch a pirated copy of a movie like Borat. It would certainly explain their sudden inclination towards drinking recycled waste water.

But that's besides the point. The point of this post is to break some good news and some bad news, so here goes.

The good news is that Morris Iemma has today denied rumours that the people of NSW will be forced to drink recyled waste water after the state elections in March if water levels drop any further.

The bad news is for the Queenslanders. Premier Peter Beattie today indicated that they'll be drinking recycled water by the end of next year due to the drought-stricken state they are in.

I must admit, I'm no expert in the field of sewerage water purification and I don't really understand how this process is really going to work but my first thoughts about drinking recycled waste water are not exactly positive.

How can something like that be good for you? Even if it is scientifically proven, science is not always fool-proof. Or am I just an ignorant citizen?

Maybe. But that just means that the government needs to spend some money on educating us about what this water recycling process involves and how water quality can be guaranteed.

I wanna know what I'm drinking and I want quality assurance. Until then, having the choice to say 'yes' or 'no', I would definitely have to decline.

What would you do?



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It is currently in pre-production, but reports say that the movie may start shooting as early as next month - It's called Wrong Girl and it's about the controversial Sydney gang rapes that took place in 2000 by brothers Bilal and Mohammed Skaf.

There are those who support the release of such a film because it makes people aware of the issue of rape and furthermore, it makes an example of those who commit the crime.

But there are also those who strongly oppose the film and I believe that their arguments carry more weight.

According to the NSW Rape Crisis Centre the film will only generate traumatic emotions amongst those who are already victims of sexual assault and violence.

NSW police spokesman Mike Gallacher has called the movie a "waste of money" and he's right. News.com.au reports that the filmmakers have already received $51,000 in state and federal funding. That's a lot of money that could be better spent, I think, on educating people at school and in the wider community about the whole issue.

I realise that not everyone may agree with me on this point, but I am of the opinion that anything that makes it to the big screen, regardless of its content, attracts a sense of glamour and I don't think that this horrific occurence should be glamourised or even worse, popularised in any way.


Would you go and see this movie?
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Matthew Newton, the son of Aussie TV Royals Bert and Patti Newton, was recently charged with the assault of his former girlfriend, actress Brooke Satchwell.

The blue-eyed rising star faces a number of charges including assault occasioning actual bodily harm when he faces court this Wednesday.

According to Leichhardt Police, the entertainer assaulted Satchwell on two occasions in September and October 2006 as well as making several threats to her and her family.

After spending 11 hours in police custody, Newton was freed until his court hearing on strict conditions. He must comply with an Apprehended Violence Order, stay well away from Satchwell and avoid all contact with her.

Police are currently questioning Satchwell's make-up artists in order to support evidence of bruising allegedly caused by Newton at the time of the alleged assaults.

Reports say that Satchwell was initially reluctant to press charges as she did not want the burden of taking on such a high-profile showbiz family. Indeed, it seems to be a David and Goliath battle with even some of the newspapers providing biased accounts...

Has anyone noticed how the media keeps talking about what a gentle person Matt is and how his new girlfriend's family is sooooo shocked that such allegations have surfaced? Has anyone noticed that bail was initially refused or that he has previously been involved in a number of violent incidents?

He may be TV royalty, but hey, no one is above the law. Not even Bert Newton's son.

Whether or not he is convicted, I think Brooke Satchwell has done a good thing standing up for herself.


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Tracy Spicer To Sue Channel Ten

November 27th 2006 09:02
One of Australia's favourite faces of Channel Ten News is planning to take legal action after being sacked just 6 weeks after returning from maternity leave.

Tracy Spicer, who has served as the face of the 11am News Bulletin and a number of evening bulletins for over 14 years, will be alleging a breach of the Sex Discrimination Act.

After taking some time off for the birth of her daughter, Ms Spicer was informed by email that her contract with Channel Ten would not be renewed next year. Reports say that Channel Ten had requested Ms Spicer to return from maternity leave early but she refused.

Ms Spicer's agent says he was "extremely disappointed and surprised at Ten's decision....in view of the highly respected standing (Tracy Spicer) enjoys as a newsreader and journalist" and that he has "not received a single complaint from Channel 10 regarding her performance."

Meanwhile, Channel Ten has simply thanked Ms Spicer for her years of service and has wished her the best of luck.
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Beer
photo by dodg3 from www.morguefile.com


Yes, it's that time of year again when the Gold Coast, Byron Bay and other random parts of Australia are overtaken by thousands of schoolies, toolies and foolies.

For those who may be naively unfamiliar with the terms, here's a quick decoding for you:

Schoolies - School leavers generally aged 17 or 18 who are up for anything and everything now that the dreaded HSC is over.

Toolies - Anyone who is too old to be partying with the schoolies, but turn up anyway because they think no one will notice.

Foolies - Anyone who is too young to be partying with the schoolies, but turn up anyway because they think no one will notice.

The thing is, most school leavers are sensible people who just want to celebrate the end of an era. Yet every year, splashed all over the front page of the newspapers are horrific stories about drunk and disorderly teens causing way too much trouble. Just recently, one of the prime time news stations showed footage of 4 girls ripping each other's hair out in the craziest cat fight I've seen since the Paris Hilton and Shanna Moakler showdown.

What on earth are these people thinking? Don't they realise how shameful this behaviour is? Is it really the alcohol that's causing this much commotion?

If so, here are 5 things I think all Schoolies, Toolies and Foolies should know to avoid finding themselves the feature in tomorrow's headlines...

1. Underage drinking can result in a fine of up to $1,875.

2. Possession of liquor in a public place can result in a fine of up to $1,875.

3. Scratching the date of birth off your ID and replacing it with something else can result in an on-the-spot fine of $375.

4. Sneaking into clubs and pubs when you are underage can result in a fine of up to $1,875.

5. The use, possession and/or trafficking of drugs is a crime punishable by long prison terms.


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Baby Bonus Changes for Under 18's

November 14th 2006 03:29
photo by stuartjessop, www.morguefile.com


From early 2007, mothers under the age of 18 will no longer be paid the Baby Bonus in a lump sum. Instead, the $4,000 payout will be given to young mums in 13 installments over a period of 6 months.

The decision was made after claims that mothers under the age of 18 have been spending the lump sum payout on themselves rather than their children.

And if you watched any of the recent current affairs programs, there have been segments on teenage mums who admit they fall pregnant in order to receive some quick cash.

The Council of Social Service who initially supported the changes now say that the new plan does not give young mums enough choice. And I couldn’t agree more.

The thing is, out of the 269,000 bonuses paid out in 2005, 11,000 were handed out to under 18s. Sure, maybe there are 5, 10 or even 50 severely irresponsible mums who do just want the money but what about the other 10,950 young mums out there who do use the money responsibly? What about those mums who actually need the lump sum payment to assist them with their newborn’s expenses? To help them in the care and welfare of their baby boys and girls?
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The Cronulla Riots Board Game

October 17th 2006 13:38
As if the racially-motivated violence wasn’t humiliating and shameful enough, now there’s a board game to remind us all of that heated December day in Cronulla. Oh, you know what I’m talking about - that day when 5000 people gathered on the beach wearing t-shirts that read WE GREW HERE, YOU FLEW HERE.

The online game is called Cronulla Monopoly and just like the original, it’s all about buying and selling property. And getting very, very rich.

photo by Matthew Hull from www.morguefile.com


But you can forget about putting the money towards a red hotel on Park Lane, or a green house on Mayfair. The aim of Cronulla Monopoly is to fill up your pockets so you can donate it to right-wing groups who supported the riots last year.

The game even includes photos of the riots for your viewing pleasure.

It’s everything you’d expect it to be - disgusting, offensive and to use Mr Iemma’s words, it’s “racist garbage.”

So what are we going to do about this trash? Well, it is highly likely that the website content breaches classification guidelines and anti-discrimination laws. So really, this site should go down very soon.

But as with all internet content, regulation is very difficult. When a site is hosted by an overseas website, all the Australian government can do is block it locally. This means that people will still be able to access the game through foreign hosts.








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Sydney - Hot and Sweaty

October 14th 2006 02:31
Bikini
www.morguefile.com


Laziness. Sweatiness. Masses of glistening, coconut-oiled bodies posing on the beaches of Bondi, Coogee and Balmoral…

Yes, it’s another hot, scorching day for Sydney folk with temperatures expected to reach up to 37 degrees. And as you slip n slop n slap, make sure you remember the TFB.

Total Fire Bans are presently in place throughout the state of New South Wales in order to prevent placing our lives, our property and our environment in danger.

So what exactly is the TFB all about?

In NSW, the Rural Fire Service may declare a fire ban on days where the weather conditions indicate that fires are likely to escape. This usually means a combo of extreme heat and wind.

Once a fire ban is declared, no open fires may be lit. No barbecues and definitely no pyrotechnics.

Of course, there are exceptions to the rule such as using a gas or electric barbie as long as you are near a constant water supply and far from materials that will easily burn.

But if you’re smart, you’ll avoid lighting a fire altogether.

You see, what most people don’t realize is that contravening a Total Fire Ban can incur heavy penalties.

Lighting a fire on a TFB day attracts a $5,500 fine and/or 12 months in prison. And that’s only if nothing drastic happens.

But if you light a fire that somehow manages to escape and destroy or threaten lives, property or the environment, you’ll have to pay up at least $110,000 and you could even spend 14 years in gaol.

So hold off lighting up for a few days. We have the greatest city in the world - let’s keep it that way.
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Sex Witch Free From Jail

September 27th 2006 07:11
MATURE CONTENT
   


Trade Practices Act - What is it?

September 21st 2006 13:02
The Trade Practices Act 1974 (Cth) is an act of the Australian Parliament. It applies throughout Australia but there are equivalent Fair Trading Acts in each state. It is an important piece of legislation because it provides for the protection of all consumers and keeps corporations in line. So what exactly is it all about?

Here’s a summary of the key sections of the law:

Restrictive Trade Practices
Sections 45 – 50A of the TPA prevent companies from engaging in activities that are anti-competitive or that restrict free competition. This includes things like price-fixing and agreements between two parties to boycott the business of another. It also focuses on preventing corporations from misusing their power by taking advantage of competitors or attempting to eliminate their competition in any way.

This is enforced by the Australian Competition and Consumer Commission (ACCC) which can take the matter to the Federal Court and seek up to $10 million from corporations who contravene the law. There is also a mechanism in place which allows corporations to apply for exemptions from the ACCC to engage in particular conduct which may not be permitted as long as it is in the public’s interest to do so.

Consumer Protection
This is something we should all know about because we are all consumers in some form. Perhaps you have purchased a faulty laptop computer or found a scrap of plastic in your can of cola?

The consumer protection provisions can be found in Part V and Part VC of the Act. The basis for these provisions is to address the limited powers consumers have in the marketplace. It refers to actions consumers may take against manufacturers and importers of goods. It also covers product liability, safety and information.

Misleading or Deceptive Conduct
Section 52 of the TPA prevents any conduct by a corporation that arises in trade or commerce which is misleading or deceptive or is likely to mislead or deceive. Sound complicated? It’s not.

If you buy a business after relying on the seller’s words telling you that you will be earning $50,000 a week, then this may be misleading or deceptive if all you earn is $5,000 a week. Of course, such a situation will depend on the precise facts of the case.

Other conduct which may be misleading includes a failure to disclose material information. For example, you might purchase a CK t-shirt thinking it’s the Calvin Klein brand after the person tells you how popular and reliable it is. But it turns out that the seller failed to disclose that the CK actually refers to some other unknown brand.

Again the ACCC can intervene on behalf of those who are the victims of the improper conduct. A victim may be able to receive damages and other remedies. Where a contract is involved, the victim may be put back in the same place he or she was in before the contract was entered into.


Conditions and Warranties
The TPA sets out a number of conditions and warranties relating to contracts that a consumer may enter into. Some examples are that goods being sold must be of a merchantable quality and the supply of goods must be as described in the contract. So if you’ve purchased a tractor and it falls to bits the moment you take it back to the farm, there’s a clear breach of the TPA because the goods were not of merchantable quality. Or if you contract to buy 1000 slap bands and you get 1000 head bands instead, you haven’t received the goods as described in the contract and this would be a contravention of the law.

Other
Of course, there are lots of other provisions in the TPA which cover things like unfair practices and unconscionable conduct. If you have a penchant for reading legislation or if you just have absolutely nothing to do, have a read - it’s probably one of the most relevant pieces of legislation in our day-to-day lives.


Trade Practices Act
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New Citizenship Laws - A White Australia?

September 15th 2006 07:27
Prime Minister John Howard has recently announced a plan to toughen citizenship laws in Australia. Before becoming eligible for citizenship, it is proposed that migrants will have to do the following:

1. Live in Australia for at least 4 years.
2. Pass an English language test.
3. Pass a knowledge test on Australian history.
4. Pass a test on Australian customs and values.

There have been a number of different reactions to these proposed changes. One is that by instituting such tests, our country is slowly stepping back towards the “White Australia Policy”. According to Senator Brown, from the Greens, “it simply means it’s going to become harder to come to Australia if you don’t have an anglo background”.

So I started thinking…

Are we really all about being “anglo” and speaking perfect English? What about those who are illiterate, aged and as a result, have learning difficulties? If they can’t learn the language as well as Mr Howard would like, do they not have a right to become part of this society too? What if some people just don’t have the opportunity or the money to learn English before they get here? And do we really need to have an in-depth knowledge of the history of our nation? If so, what are we going to teach them? That indigenous Australians were massacred? That we enacted laws to keep the Chinese out? That there were recent racial riots in Cronulla? Can we really instill customs into people by making them sit an exam? And what values are we talking about here? Are Aussie values so different to the rest of the world’s human values?

Correct me if I’m wrong, but isn’t this country about the delicious mix of cultures that’s made this country one of the top destinations in the world? Isn’t it about driving your friends nuts on Saturday nights on Crown Street in Sydney not being able to choose between some Greek souvlaki and a tasty Italian pizza? Isn’t it about going to the Vietnamese markets and the Lebanese grocery and trying something different once in a while? Isn’t it about learning how to Latin dance and belly dance and cook like the sweet Indian lady next door? Isn’t it about open-mindedness and acceptance? Learning from one another and growing together? Isn’t it? ISN’T IT??
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Bali Nine Death Penalties Confirmed

September 6th 2006 06:08
In April 2005, 9 Aussies were arrested in Denpasar, Bali for attempting to smuggle approximately $4 million worth of heroin into Australia. Until recently, two of them were facing the death penalty. These were the so-called “ringleaders” of the operation, 25-year-old Myuran Sukumaran and 22-year-old Andrew Chan. The others were initially all sentenced to life imprisonment for drug trafficking. But today everything has changed.

It has now been confirmed that four more members of the Bali Nine will face death by firing squad. How did this happen?

It seems that after Matthew Norman, Tan Duc Thanh Nguyen and Si Yi Chen won their appeals to reduce their life sentences to 20 years in prison, prosecutors were not happy. They appealed the new decision wanting the life terms re-instated. But instead the Indonesian Supreme Court decided on the death penalty.

Similarly, when Scott Rush appealed to the court, he hoped that his life sentence would be reduced by a couple of years. But, his hopes seem to have backfired as the Indonesian Supreme Court again decided on the death penalty.

Chief Judge, Iskandar Kamil was reported in the Sydney Morning Herald to have made the following comment to AAP:

This narcotics problem is a very heavy criminal act and is very dangerous for the people and the country, not only Indonesia, but also other countries.

And although most of us, if not all of us, would wholeheartedly agree with such a statement, for many Aussies, the sentences handed down are unjust and excessive.

What do you think?
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The Pedophile Register

August 31st 2006 07:02
Police Car
photograph by Kevin Connors, from www.morguefile.com


NSW Police Minister Carl Scully, today ruled out the possibility of instituting a public register of pedophiles and I’m not happy about it.

All I want is a trial and if it doesn’t work, then so be it.

You see, everyday hundreds, maybe even thousands of children around the world are sexually abused and assaulted by older men and women. These children often experience depression, grief, eating-disorders, self-mutilation and sometimes even commit suicide. They suffer physically and emotionally for the rest of their lives.

What’s worse, there is even a pedophilia movement out there attempting to make relationships with pre-pubescent children socially acceptable.

When such information is available to us, is it not logical to do all that we can to protect our children from pedophilic activity? If we can’t lock all these bastards away for life, then at the least, should we not notify the community when the danger is nearby?

A public register would not only allow police to monitor every move of the convicted child sex offender but also, police would be given authority to inform parents and others who may inquire of the pedophile’s whereabouts.

Hell, I’d wanna know if I was living next door to a pedophile, and I don’t even have children.

In the US, there is a mechanism in place known colloquially as "Megan’s Law”. All parents are informed when there is a pedophile living in their area. The law was first passed in 1994 when young Megan Nicole Kanka was raped and murdered by a convicted pedophile who lived across the road from her.

Today all states in the US have instituted Megan’s Law in some form and the UK is considering doing the same thing but calling it "Sarah’s Law", in memory of 8-year-old Sarah Payne who was murdered in July, 2000 by a child sex offender.

I realize that a register is not going to put a miraculous stop to pedophilia in Australia. I realize that there may be problems of vigilante behaviour and stereotyping of sex offenders. But I also realize that we need to give the public register a try, because if we don’t, we will never know how effective it may be.
130
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Sophie Delezio Driver Pleads Guilty

August 30th 2006 08:52
Earlier this year, a 5-year-old girl was in her stroller at a pedestrian crossing at Seaforth when an elderly driver hit her with his car. She remained in a medically induced coma for 10 days and several weeks in the intensive care unit as the nation prayed for her survival.

An 80-year-old man from Frenchs Forest today pleaded guilty to dangerous driving occasioning bodily harm to the little girl we have come to know and love as Sophie Delezio.

Little Sophie first caught our attention in December 2003 after she experienced horrific burns to over 80% of her body. She had been hit by a car and trapped under it whilst at a day-care centre in Fairlight. Not only did Sophie lose both her legs, but also several fingers, an ear and most of her hair.

The person responsible was again, an elderly driver. But he was cleared of negligent driving because medical experts found the man had experienced a seizure which caused him to lose control of his car.

Sophie’s story has prompted much public debate about elderly drivers on our roads. Should there be an age limit? Should there be more frequent mandatory testing of elderly drivers? Should they be driving at all? Are we being discriminatory?

The NSW government has announced that it will investigate the possibility of reducing the age for mandatory medical checks. Currently, the checks regularly occur for those who are 80 and over. But is this enough?
104
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Young Drivers

August 15th 2006 06:19
A lot of young drivers are complaining that the NSW licensing procedures are overly restrictive. For those of you unfamiliar with the rules, it goes a little something like this:

You have to fill in a log book and show that you have undertaken at least 50 hours of supervised driving in different weather conditions when you are on your L’s. Then you do an on-road driving test with a grumpy member of the RTA to get your red P’s. After you’ve had your red P’s for 12 months you have to do another computer test to get your green P’s and then when you’re grey, old and wrinkly, you get to do ANOTHER test to obtain your full license.

Stuff up along the way, and you may have your license suspended, you may be fined or you may even have to start from the top.

In the state of Indiana, USA, they’ve come up with a slightly different approach. After you obtain your license, should you commit a traffic offence, you could be sentenced to…are you ready for it… transport by school bus only!

Recently, Judge Julia Jent decided she was fed up with young traffic offenders who don’t take their actions seriously. Her Honour now orders any school students who come before her, to take the school bus to and from school and also warns parents that if they drive their children to school, they’ll be in contempt of court.

And here come my motherly words of wisdom: In whatever form they may be, these laws are making our roads safer for everyone. Especially young drivers. There are many reports and studies that show drivers under the age of 25 are the most at risk of being involved in motor vehicle accidents. In particular, it is the 17 and 18 year old school boys and girls who seem to have this idea in their heads that it won’t happen to them.

The reality is, they’re not invincible. No one is.


Gotta STORY you'd like to hear more about? Write to Legally Brunette at legalherald@hotmail.com
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Anti-Gang Legislation

August 13th 2006 14:58
Gangs of New York, the Italian Mafia, the cocaine crews in South America. These are the stereotypical pictures we paint of organized crime networks. We never seem to associate Australia with this picture, do we?

Yet, everyday, gang-related violence is tearing through our nation. The hatred is growing, the people are dying. It is a harsh reality that we need to face.

NSW Premier, Morris Iemma recently announced a major crackdown on gangs and other criminal groups. New anti-gang legislation will soon be introduced to counteract the violence of gang members, rioters and bikies by giving police wider powers and toughening punishment for those who break the law.

Bikers, by Cahilus
www.morguefile.com


Mr Iemma said that a “gang” will be defined as a group of 3 or more people with the objective to commit a serious offence.

The bottom line is, if you assault someone or are involved in theft, expect an even longer jail sentence should you also be part of a gang.

Gang members face 16 years in prison if they assault police and anyone found guilty of recruiting gang members can expect a prison terms of up to 7 years. Further, anyone who contributes to the criminal activity of a gang will face 5 years imprisonment.

The announcement came just days after the clash between two rival motorcycle groups. But it is also said that the laws are in response to last year’s Cronulla riots, something that managed to shame our nation on an international scale.
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Parliamentarians, Not Drongos

August 10th 2006 09:57
If you ever start up a conversation with me about Members of Parliament, I will probably give you a filthy look and banish you to the corner of the room to think about what you’ve done.

The truth is, MP’s bore me to tears. I have no interest in them. I do not want to know about them. I flick to another channel if I see them on TV.

But today, some Aussie MP’s finally caught my attention.

During a recent debate on technical colleges, Western Australian Senator Glen Sterle was heard using the words “drongo” and “pork chop” to describe a fellow Senator.

The President of the Senate is now being asked to rule on the use of these words when describing an MP. Are these words too offensive?

Hmm...

Off the top of my head, I can think of a lot of words much more crude and insulting than “drongo”, to describe some of our politicians. But I guess the question is, should THEY be using it to describe each other?

Sure, using colourful language can sometimes give a person more character, but when an MP calls someone a pork chop? Well, it just sounds silly.

They are meant to be the intelligent, articulate representatives of our country. And using such words only renders them childish and immature.
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National Missing Persons Week

July 31st 2006 07:51
Life is a puzzle - every piece is important - Slogan for National Missing Persons Week.

photograph by Clarita
www.morguefile.com


People disappear for a variety of reasons. Sometimes it is an active choice to run-away and escape domestic issues or financial pressures. Other times, they may be abducted, sold into overseas prostitution and slavery. And in a small percentage of cases, people may be missing due to death by natural causes, suicide or homicide. Whatever the reason, each year an estimated 30,000 people are reported missing throughout Australia.

According to Victoria Police Detective Sargeant Rick Sparvelis of the Missing Persons Unit, everyone has a right to disappear if they want to. And it’s true. There are no laws to prevent someone who actively chooses to run-away from doing so. That act in itself is not a crime.

That’s why this week is so important. The Australian Federal Police have teamed up with the NSW Attorney-General’s Department to launch National Missing Persons Week from July 31 to August 4. They are not only attempting to carry out research on missing person’s in Australia, but also are hoping to locate those who are missing by encouraging them to present themselves to police.

Why would missing persons turn themselves in? The truth is that some of them will not be affected by this initiative at all. But others, who know that there might be someone out there who is worried and upset by their disappearance, will present themselves to police to confirm they are alive and have been located. No details of their location will be revealed to any 3rd parties without their consent. The only information that will be divulged is that the missing person has been located and is thus no longer on file.

If you are a missing person or have information about someone who is, contact Crime Stoppers on 1800 333 000.
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Prison Break – Aussie Style

July 14th 2006 08:28
www.morguefile.com


On Wednesday night thousands of Aussies were plastered to their television screens for the season one finale of one of the greatest series ever created. That’s right, I’m talking about Prison Break. And although we are yet to find out whether the boys managed a successful escape, the program could not have been more action-packed, more gripping, more shocking. But as we rooted for the criminals to make their getaway, little did any of us know, there was a real life prison escapee roaming the streets of Sydney...

On June 24 this year, a 22-year-old inmate at the John Moroney Correctional Facility managed a break out of his own whilst being given medical treatment at a nearby Hospital. He fled the scene and police had been on the look out ever since.

However, last night authorities found themselves in a high-speed car chase with this young man who was driving a stolen BMW that was spotted on Forest Way in Sydney’s Northern Beaches. A violent brawl and a number of gunshots later, the young male from Werrington was finally recaptured by police.

He has been charged with 23 offences, including the escape from lawful custody. The young man has been refused bail and will appear in court this week.

It's not something you hear about in this country very often. But seriously, who knew?

Who knew that real life could be as exciting as Prison Break?
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A beautiful soul.

Those were the words used to describe Sofia Rodriguez-Urrutia-Shu at her funeral today. The 8 year old schoolgirl was found dead in a toilet cubicle at a popular Perth Shopping Centre last week after she had been beaten, raped and strangled by a young male.

The entire world was and still is both shocked and deeply saddened by her tragic death. When someone so young and innocent has her life taken away so unfairly, one can only feel disgust towards the person responsible.

The young male is currently charged with wilful murder and sexual penetration of a child. These are offences that generally result in life sentences.

The question I put forward to all my readers is this: if convicted of the crime, what punishment do you think would be appropriate?
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The Archibald Prize Challenge

June 20th 2006 00:39
from www.morguefile.com


The Archibald Prize is a prestigious award given to the winner of a portraiture competition held each year at the Art Gallery of NSW. The artworks are a tribute to the most influential people in our culture and often depict actors, sports stars, entertainers and politicians. Sound pretty straightforward? Surprisingly, the competition is often shrouded in legal controversy...

The latest court case involved a claim made by an artist against the Art Gallery of NSW Trust that the 2004 Archibald Prize awarded to Craig Ruddy was in fact wrongly awarded. It was argued that Ruddy’s portrait of Aboriginal actor David Gulpilil should have been disqualified because it was a charcoal drawing rather than a painting and therefore not an artwork for the purposes of the competition.

Sure, I can see the guy’s point from a technical point of view. Charcoal is charcoal and paint is paint. But taking the matter to court! Doesn’t that just make him a sore loser? It’s a portraiture competition and at the end of the day, as long as some person’s head is represented, then that’s all that matters, right?

Absolutely. After days of determining the definition of what is considered an “artwork” and the differences between “drawings” and “paintings”, it was finally established by the NSW Supreme Court in a gloriously simple statement that art is a matter of interpretation.

Indeed, art is beyond definition. For that reason alone, there was no basis for excluding Ruddy’s portrait from the competition and the NSW Art Gallery Trust did not make a wrong decision in awarding him the Prize in 2004.

You can take a look at some of the charcoal pieces and learn more about Craig Ruddy at
www.craigruddy.com.au


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Kitten Cruelty Case

June 15th 2006 09:18
from www.wikipedia.com


I’m no animal lover. In fact, I’m terrified of them. Yes, even that cute, little, harmless looking kitty in the photo. But despite my irrational fear and unfounded hatred, I do believe that all creatures great and small should be treated respectfully. After all, they are living and breathing, just like you and me. They can feel what we feel, including pain and suffering. That’s why the decision handed down today in a Sydney Local Court regarding severe animal cruelty is an important one.

45 year old Stephen John Clancy was convicted, sentenced to one year in jail and prohibited from ever being allowed to own another pet, after attempting to kill his 12 week old kitten. The facts of this case make my skin crawl. As much as I don’t like animals, I will never be able to comprehend how this man managed to repeatedly bash little Katie, attempt to drown her in a bowl and then toss her into a garbage bin. Apparently he was high on drugs at the time and now says that he is sorry for his actions.

All I can say is that I am disgusted that human beings are capable of such behaviour.

Clancy is one of the first to be convicted under the new animal cruelty laws inserted into the NSW Crimes Act last year. The RSPCA has said that this case sends out a strong message that such acts are not to be tolerated.

As for Katie the Kitten? She fractured her pelvis, broke her ribs, lost a tooth and suffered severe bruising. She managed to climb out of the garbage bin after the attack and make her way back to Clancy’s home. The RSPCA were then informed and little Katie is now in a new home, being looked after and nursed back to health by a couple in Sydney’s west.


The image used in this post is from Wikipedia and is licensed under the Creative Commons Attribution ShareAlike 2.5 License. Permission is granted to copy the picture under the terms of the GNU Free Documentation License Version 1.2. Click on the links for terms and conditions.
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Landmark Medical Law Case

June 10th 2006 06:44
from www.morguefile.com

On Tuesday May 9, 6 out of 7 judges of the High Court of Australia ruled that children born with severe disabilities do not have the right to make compensation claims for ‘wrongful life’. In simple terms, ‘wrongful life’ claims are about suing doctors in negligence, not for the injuries sustained but for being born.

The case involved Alexia Harriton and Keeden Waller who were both born with severe medical problems. Whilst Keeden is suffering from permanent brain damage, Alexia is blind, deaf and suffers spasticity. The parents of both girls say they would have terminated their pregnancies had the doctors detected certain conditions in the mothers that could cause disabilities in their children. But these conditions went undetected. And I guess that’s where all the legal problems began.

In Alexia and Keeden’s case, it is true that the doctors were negligent. As a result, the girls were born into a life where they require 24 hour assistance by carers and nurses. Surely you’d think they would be entitled to some form of compensation right?

Wrong. In negligence claims, you need to prove that a duty of care was owed by the doctors to the girls, that the duty of care was breached and that as a result damage was suffered by the girls.

The case failed because no legally recognisable damage could be established. Had the conditions been detected by the doctors, the mothers say they would have had abortions. So in determining what the damage is for the purposes of this case, the High Court had to compare the girls current lives to non-existence. Clearly impossible and for some of the judges, immoral.

If the court had ruled in favour of the girls, it would be acknowledging the idea that the girls are better off dead. It would mean that human life is worthless. The implications of such a decision would be clearly disastrous.

And yet, you can’t help but sympathise with Alexia and Keeden who will never be able to lead a life like yours and mine.


79
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The Legal Definition of Death

May 30th 2006 08:03
Morbid topic, I know. But believe it or not there are millions of cases around the world that discuss the legal definition of death.

from www.morguefile.com


Under the Human Tissue Act 1983, NSW, for the purposes of the law of NSW, a person has died when there has occurred:
a. irreversible cessation of all function of the person’s brain or
b. irreversible cessation of circulation of blood in the person’s body.

This is an important matter for the courts to consider because in some situations, medical treatment may be withheld from a patient at their request or at the request of the patient’s family. The thing is, that if a doctor agrees and pulls the cord that is sustaining that person’s life, then he or she could be accused of murder. So the courts have to decide the point at which a person is legally dead and whether it was the doctor who either lawfully or unlawfully caused it.

Generally, under Australian law, a competent adult patient is entitled to refuse treatment even if he or she will die as a result. A doctor who acts on a patient’s refusal will not incur any civil or criminal liability.

However, the keyword is REFUSAL of treatment. A patient, no matter how competent he or she may be, cannot request a positive act to bring about death. That would be murder, and that’s what the whole euthanasia debate is about. Giving a lethal injection to a patient is considered a positive act and is unlawful in Australia whilst turning off a patient’s respirator is considered an omission rather than a positive act and is lawful.

That doesn’t mean that any old doctor can turn off any old respirator any old time he wants. No. In some instances, patients can’t actually refuse the treatment themselves because, for example, they are in a coma. So what is the doctor supposed to do?

A doctor can lawfully withdraw treatment in two circumstances. Firstly, if it is futile treatment and secondly, if the treatment imposes a burden on the patient not justified by the potential advantages. Futile treatment refers to treatment that is of no practical value. An example of this is where death is inevitable and the treatment will not cure the person. There was a case in England that involved a boy who was critically injured and left in a permanent vegetative state. Although his brain stem was in tact, his lungs had been reduced to a watery mass and he had lost all his senses. There was no chance of him recovering and for that reason, any treatment would have been futile.

Treatment that imposes a burden on the patient refers to any treatment that will result in an unacceptable quality of life. There have been no Australian decisions that confirm the withdrawal of treatment in such circumstances, but again there are English cases that support the concept in cases of very profound disability. There was one such case where a child was born with severe brain damage, had lost sight and hearing and was unresponsive. The child was in a condition where he could not survive but for the ventilation and feeding equipment that he was attached to. In that situation the court decided that treatment should be withdrawn because all the treatment was doing was prolonging an unacceptable quality of life.

In short, a doctor can only withhold treatment from a patient if:
1. the doctor has the patient’s consent and the patient is considered a competent adult
2. the treatment is futile
3. the treatment imposes an unjustifiable burden on the patient
Otherwise, the doctor may have to face a murder charge.

92
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Breast Implants for Teenagers?

May 29th 2006 05:04
from www.morguefile.com


When 19 year old BB6 housemate Krystal, announced on national television that she had silicone implanted into her breasts, the nation was divided in its thoughts on the matter. For some, she was too young to have had plastic surgery. For others, Krystal was an individual, capable of making her own choices in life. For me, well, I didn’t actually know her name was Krystal. I just knew her as that kid on Big Brother with fake boobs.

Regardless of what anyone thinks, the bottom line is that under Australian law, Krystal has the legal right to receive cosmetic surgery if she so chooses. For starters, Krystal is not a minor. Minors are defined under legislation to attain majority at 18 years of age.

Generally, if you are a minor you cannot consent to a medical procedure. There is a presumption in the law that minors are incompetent to make such a decision. Only your parents can consent to medical treatment, and any parent in their right mind probably would not consent to their daughter’s breast augmentation.

However, as children grow up, they gradually acquire the right to make their own decisions about some procedures, and when that happens, the child’s consent is sufficient authority for the procedure to be undertaken. So does that mean teenage girls potentially can receive breast implants? Well, yes, but the answer is not quite as simple as it seems.

There is a test that is generally applied known as the ‘Mature Minor Test’: A minor is capable of giving informed consent when he or she achieves a sufficient level of understanding and intelligence to enable him or her to understand fully what is proposed. By law, a child must understand the nature of the treatment and its consequences before a doctor can undertake the particular procedure. The more serious and invasive the surgery is, the more carefully a doctor must assess the child’s level of understanding. Doctors are legally obliged to consider the patient’s apparent maturity, intelligence and attitude, signs of mental illness, depression, social history and so on. So if a doctor is approached by a teenage girl who fits the criteria of a Mature Minor, then legally, he or she can go ahead with the operation.

It’s a distressing thought isn’t it? This is the state of the law in a society so obsessed with self image, in a society where girls are growing up idolising Pamela Anderson, Tara Reid and even Krystal. There have been calls by surgeons, parents and the public to ban cosmetic surgery of minors but so far, the law stands as it is.


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On May 27 2005, Schapelle Corby, a beauty student from Queensland was sentenced to a 20 year jail term in Bali for the importation of 4.1kg of Cannibas into the country. Now, one year later, the story continues as a defence witness is sentenced to eight years in jail.

photographed by Kevin Connors
from www.morguefile.com


That witness is John Ford. Remember him? He was a prisoner at Port Phillip Prison and out of the blue it seemed, he was flown over to Indonesia in order to give evidence in Corby’s trial. The 42 year old male testified that while he was in prison, he overheard two men planning to place the marijuana in Corby’s luggage. According to Ford, Corby was an innocent traveller who had no idea the drugs were in her boogie board bag. He named Ron Vigenser, a fellow inmate, as the owner of the drugs. But the prosecutors in Corby’s case said that this evidence was inadmissible because it was all hearsay. The judge agreed.

When Ford was returned to his Australian prison cell, he was attacked, beaten and stabbed. Probably because he dobbed in Vigenser, though no one really spoke of it. Officials moved him to solitary confinement as a form of protection.

Today, he found himself in a county court where a jury found him guilty of a number of rape and stalking charges. On one occasion Ford broke into his victim’s house and left a blood soaked teddy bear on his victim’s bed. It makes you wonder if eight years in prison is really enough...

90
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Property Law

May 25th 2006 09:10

Buying or selling a house? Renting? Leasing? Squatting? Then listen up, this is something that anyone who lives in anything besides a cardboard box should know.

House, photographed by Taliesin
from www.morguefile.com


Land titles refer to ownership of the land and the nature of that ownership. In NSW, there are a variety of different titles to land such as Crown Land and Native Title. What type of land are you on right now and how much do you know about it?

Fee Simple
This is the best title you can have. It is absolute ownership of the land, subject to any rights the Crown may have. A proprietor of an estate in fee simple can pass on title by sale, gift or on death.

Life Estate
This is an estate in the land which terminates once the holder of the estate or another specified person dies. Sometimes, life estates cease on the occurrence of an event other than death. For example, a father might transfer title to his daughter once she is married.

Old System Title
Between 1788 and 1863, the old system title was the only title available in NSW. A person claimed they owned the land by producing proof of possession, that is, by documents that have been signed, sealed and delivered.

Torrens Title
Under the Torrens system, legal title to the land can only be obtained by registration. Under the Real Property Act 1900, once land has been registered, title becomes absolute and indefeasible (though there are exceptions to the rule).

Strata Title
Before the Strata Legislation was introduced, a person who wanted to own a unit in an apartment block often had to be a shareholder in a company that owned an entire block of land so that the shareholder had the exclusive right to occupancy of a particular unit. However, now Strata subdivisions of land permit ownership of parts of a building.

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Habitual Traffic Offenders

May 17th 2006 08:02
from www.morguefile.com



I am no saint. I have had parking tickets, speeding fines and even been through a red light once or twice. No doubt, most of us are guilty of committing traffic offences once in awhile. However, I must admit, whenever I do get hit with a painful $260 fine, I make an effort, for the sake of my pockets, to make sure it doesn’t happen again.

But then there are the habitual traffic offenders (HTO). They are the ones who commit the more serious offences such as reckless driving, driving under the influence of alcohol or exceeding the speed limit by over 30km/h. A person becomes an HTO if, within a period of 5 years, they have committed 3 or more serious offences on different occasions.

In New South Wales, if the court convicts a person of a traffic offence and declares them an HTO, that person may be disqualified from driving a car for a set number of years. But that’s not all. The RTA also has the power to disqualify you for another 5 years on top of your court sentence.

Moral of the story, boys and girls? Drive sensibly or you could lose the privilege of having your license for a very, very long time.
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