Sentences with phrase «australian legal system»

The amendments will remove an injustice that Aboriginal peoples and Torres Strait Islanders have long faced in the Australian legal system because of their oral tradition of knowledge.

In the intervening period, however, there have been significant developments in common law and legislative arrangements, most notably through native title, that have provided greater recognition of the law making responsibilities of Aboriginal and Torres Strait Islander communities and their ability to be accommodated within the Australian legal system.

This break in connection has meant that in the eyes of the Australian legal system, many Aboriginal and Torres Strait Islanders have lost their native title rights and interests.

The Community Justice Group model aims to provide Aboriginal people with a mechanism for dealing with problems of justice and social control which is consistent with Aboriginal Law and cultural practices as well as utilising aspects of the Anglo - Australian legal system.

The full capacity of the Australian legal system is then, potentially, available to enforce those rights.

There is no remedy against this discrimination, as the Australian legal system permits such laws.

The ease with which the obligations under the Race Discrimination Act have been set aside highlights the weak status of protections against race discrimination in the Australian legal system.

The applicants sought the Federal Court to consider whether communal title in traditional ritual knowledge, as expressed through artwork, could be recognised and protected by the Australian legal system as an incidence of native title, and alternatively whether a fiduciary obligation could be found to be owed by the artist back to the community and whether the common law is capable of recognising some form of traditional community ownership of copyright in equity.

To make such a submission is merely to recognise that values of justice and human rights (especially equality before the law) are just as much aspirations of the contemporary Australian legal system as they are of the international legal regime.

There is, however, a long - standing, widespread acknowledgement across all sectors of the legal system that cultural factors and socio - economic disadvantage are barriers to accessing justice within the Australian legal system and that these are barriers that confront Indigenous people across all jurisdictions.

As Chapter 1 highlighted, one of the rationales for introducing land rights was to give effect to traditional law and custom within the Australian legal system.

[31] In chapter 5 of this report I discuss in greater detail the way in which the Australian legal system gives recognition to traditional Indigenous laws and customs and suggest alternative approaches consistent with Australia's human rights obligations.

The construction of native title by the Australian legal system does not lay a foundation for Indigenous development.

From a human rights perspective the extinguishment of native title as it occurs in the Australian legal system gives rise to a number of concerns.

Native title, as it is constructed within the Australian legal system, is not consistent with the principles of participatory development.

The «sui generis» nature of native title is no bar to equality of participation in the conventional economy as the Australian legal system already accommodates a wide range of property forms without prohibiting their commercial use.

the following addresses the more immediate realities with regard to Aboriginal and Torres Strait Islander people's contemporary treatment in the Australian legal system.

Public law also goes to the heart of the jurisprudence undergirding the Australian legal system and allows for the exploration, examination and critique of its Eurocentric legal philosophies and practices.

Before native title was recognised in Mabo (No. 2), 43 it was thought that Aboriginal and Torres Strait Islander peoples» interests in land under their own laws and customs could not be given effect in Australian law.44 Until the Mabo decision, land rights legislation provided the only means of recognising Indigenous rights in land within the Australian legal system.

Native title law involves the translation of complex Indigenous social relations, spiritual attachment to land and customary norms into legal rights which make sense to the Australian legal system.

This basis for land rights legislation recognises that Indigenous societies in Australia are governed by their own systems of law, including customary land tenure systems, and strives to create space for these within the Australian legal system.

The Committee is concerned that in the absence of a constitutional Bill of Rights, or a constitutional provision giving effect to the Covenant, there remain lacunae in the protection of Covenant rights in the Australian legal system.

I congratulate the Traditional Owners and the Northern Land Council for their dedication over the past decades to have the Australian legal system recognise rights that they always knew were theirs.

First, the ACJI issued a Background Report that assesses the current expediency of the Australian legal system with a focus on civil cases and tribunals.

These education forums embody our commitment to raising awareness of social justice issues pervading the Australian legal system.

A guide that provides a basic introduction to the Australian legal system and research resources is maintained by me at LLRX.com.

The Australian legal system, which gives a lender recourse to all of the borrower's assets in addition to the house, provides the borrower with a stronger incentive to repay their loan.

Not exact matches

Australian Organic support a system that aims to protect our farmers and ensure they avoid any legal situations that could result in them losing their farms or lifestyles.

The Australian Breastfeeding Association working groups are active in diverse areas from Baby Care Rooms to e-Publishing to Breastfeeding and the Legal System.

While many emerging market companies are well - managed, there can be risks associated with distance, cultural differences and variations in legal and political systems that may not affect Australian - operated companies.

PetravelR ™ also likes The Cavy Cottage's philosophy, simply that all Guinea Pigs should lead a safe and healthy life, with the same legislative rights that cats and dogs are finally achieving in the [Australian] legal system.

Lord Neuberger on access to justice: The former president of the Supreme Court, Lord Neuberger, warned that society will fragment without access to justice and that it is «very hard to defend the current legal aid system», in a speech to the Australian Bar Association reported by Legal Voice and the Law Society Gazlegal aid system», in a speech to the Australian Bar Association reported by Legal Voice and the Law Society GazLegal Voice and the Law Society Gazette.

Why is it, then, that citation systems for law — whether the Harvard Bluebook, the Chicago Maroon Book, the Canadian McGill Guide, the British OSCOLA: Oxford University Standard for Citation of Legal Authorities or the Australian Guide to Legal Citation (AGLC)-- are so idiosyncratic and radically different from these other citation systems, offering a system of citation that bears little relation to these others, at once more complex and detailed while less comprehensive in scope?

The second part of our Australia in Focus feature in the July / August Legal IT Insider, Corrs Chambers Westgarth has become the first large Australian firm to go live with NetDocuments» document management system and email as it also completes the final stage of a four year move to entirely open plan working.

Yet far from paralysing the Australian state into inaction by encumbering the legal system with an unwieldy distinction between judicial and non-judicial power, this limitation on the scope of judicial power prompted the development of the Administrative Appeals Tribunal, an expert administrative appellate body — presided over by a judge — which is expressly empowered to consider the «merits» of governmental action (Cane, 2009).

As a proud founding member of the Australian Legal Sector Alliance (AusLSA), an industry - led association working collaboratively to promote sustainable practices across the legal sector, we have implemented the certified AusLSA Environmental Management System (ALegal Sector Alliance (AusLSA), an industry - led association working collaboratively to promote sustainable practices across the legal sector, we have implemented the certified AusLSA Environmental Management System (Alegal sector, we have implemented the certified AusLSA Environmental Management System (AEMS).

Legal tech companies Neota Logic, Kira Systems and HighQ have collaborated together to create a prize - winning real estate solution with Linklaters» Australian ally, Allens.

In Australia, she said that has been mostly done by the Australian Bureau of Statistics, the Census, the National Aboriginal and Torres Strait Islander Social Survey (NATSISS), hospitals, schools, legal systems, universities and all the data that is being collected now through the Federal Government's Indigenous Advancement Strategy programs.

A series of fact sheets prepared as part of the submission note that «overcrowding, poor conditions and substandard healthcare characterise Australian prisons», and that «there is significant under - funding of the legal system and systematic barriers to accessing justice, particularly for vulnerable and disadvantaged people».

«Despite important cultural, religious and legal differences between the Australian Family Law system and Indonesia's, the basic dynamics of separation and divorce are the same.

The individuals and organisations releasing statements yesterday were in favour of a wide - ranging examination of the NT Juvenile Justice system, with some, including the Change the Record coalition, the National Family Violence Prevention Legal Services and the National Aboriginal Community Controlled Health Organisation (NACCHO) pointing out that the problems were not confined to one Australian Territory, and the Commission should lead to a national examination of both the conditions of juvenile detention and the factors playing into the unacceptably high number of Indigenous children and youth in prison.

Drawing inspiration from international black civil rights movements in North America, South Africa and the United States, Sol brought the same spirit of civil rights activism to Australia, fighting for equal rights for First Nations Australians... At a time when First Nations people were denied the same basic civil services such as access to the mainstream legal and medical system, Sol worked to ensure First Nations people had their own Aboriginal controlled services to fill the gap.

The Tribunal has been established by the Australian Earth Laws Alliance to provide a forum to challenge «the current legal system's failure to protect the health of ecosystems and to highlight the role that the legal system, government agencies and corporations play in destroying the Earth community».

The 2009 National Human Rights Consultation highlighted a general lack of knowledge and understanding by the Australian public of the nation's political and legal system, constitution and referendum processes.

The most recent Senate report on access to justice published in 2009, for example, concluded that «the legal system is not sufficiently providing members of the Australian community with access to justice'i and in its first recommendation proposed that the various tiers of government fund «a comprehensive national survey of demand and unmet need for legal assistance services in Aboriginal and Torres Strait Islander communities.

A cross-curriculum priority on human rights and Australian values will ensure every student understands the historical and contemporary importance of human rights to all aspects of Australia — from our legal and political systems to our national ethos.

the reason that Indigenous Australians are unable to build capital is that they lack the necessary proprietary legal infrastructure to leverage the assets that they do have Indigenous communities living on Indigenous lands (though we own «property») are locked out of the Australian property system that enables capital formation.

Indigenous Australians — indeed all Australians — need better rights protection in the legal system to ensure that the courts and parliamentarians have human rights at the forefront of their thinking.

However, our experience of working with members of the Stolen Generations since the tabling of the HREOC Report, Bringing them Home, in 1997, in advising and representing Stolen Generations clients in litigation, led us to doubt the capacity or the appropriateness of the legal system in its archaic construction, to adequately assess and compensate for the immeasurable damage which has arisen from the Stolen Generations experience, damage which continues to manifest in present day Australian life.

The Australian Human Rights Commission supports a justice reinvestment approach that addresses the social determinants of health, adopts justice targets and invests in the expertise provided by Indigenous legal organisations that can also help bring about the change that is necessary to stop the high levels of contact between Aboriginal and Torres Strait Islander peoples and the justice system.