Sentences with phrase «by the consent determination»

Some may not be interested in the area covered by the consent determination.

It could mean, as Justice North and Tim Goodwin argue, that for «most cases moving towards resolution by consent determination, the timeline would be streamlined beyond recognition and the costs of such a process would be reduced out of sight».

Not exact matches

The Eastern Guruma native tital determination, resolved by mutual consent of local indigenous people and mining interests among others, was ratified today at a Federal Court hearing near Tom Price.

d. State longitudinal data systems and a massive increase in state and federal gathering of private family, education, and psychological data on our children without consent e. Career - tracking, which undermines self - determination by means of an insistence on student compliance with the very flawed standards and subjective, unconstitutional psychological profiling f. Again, according to Education Week, the opt - out amendment that passed the House has been removed.

(4) Where an accused alleges that he believed that the complainant consented to the conduct that is the subject - matter of the charge, a judge, if satisfied that there is sufficient evidence and that, if believed by the jury, the evidence would constitute a defense, shall instruct the jury, when reviewing all the evidence relating to the determination of the honesty of the accused's belief, to consider the presence or absence of reasonable grounds for that belief.

The judicial review proceedings were concluded by consent in June 2016 leaving the only issue for determination by the court of whether costs should be paid by the Scottish authorities on the «standard» or «indemnity» basis.

Although the emphasis of the agency's services would be assisting cooperative dispute resolution, it would have the authority to take steps without the consent of the spouses, in a manner similar to the exercise of power by child protection agencies, and issue temporary, binding determinations on matters such as:

The report of Philip Juby, a «fire cause determination and travel» expert was admitted by consent and included the following opinions:

In late 2004, the Court had before it a consent determination proposed for a native title claim in north - western Australia.89 The Judge noted his concern that, given the legislative functions imposed on PBCs by the NTA, the proposed PBC may not have the capacity to perform these functions, and requested submissions from the parties on this issue.

Consent determinations of native title would not be reached and there is high potential that Indigenous peoples would be exploited by unscrupulous parties.

Allows a prescribed body corporate to be the trustee for, or act as an agent or representative for more than one group of common law holders in relation to a native title determination, if consented to by all native title holders.

In this way, self - determination builds on the right of free, prior and informed consent by empowering indigenous communities to set their own agenda and determine their own futures.

adoption service (s)(in intercountry adoption) The six major services provided by adoption service providers: (1) Identifying a child for adoption and arranging an adoption; (2) Securing the necessary consent to termination of parental rights and to adoption; (3) Performing a background study on a child or a home study on a prospective adoptive parent (s), and reporting on such a study; (4) Making nonjudicial determinations of the best interests of a child and the appropriateness of an adoptive placement for the child; (5) Monitoring a case after a child has been placed with prospective adoptive parent (s) until final adoption; or (6) When necessary because of a disruption before final adoption, assuming custody and providing (including facilitating the provision of) child care or any other social service pending an alternative placement.

The outcome of that particular hearing was that His Honour directed the applicants to deliver, by 24 January 2003, the applicants proposals for the trial of the issues outstanding as between the applicants and all parties who had not indicated that they were prepared to agree on a draft consent determination.

An example, raised by many representative bodies in the PJC Inquiry, was the expense of assuring the non-Indigenous legal system that all the individual members of the group had authorized the claimants to an application for determination or that an agreement had the consent of all the members of the group.

While the subject of native title negotiations may be quite different, ranging from consent determinations, agreements ancillary to a determination, to agreements which do not include a native title determination, the relationship between these three levels of negotiation is clarified by understanding their common underlying purpose - the economic and social development of the traditional owner group.

First, as itself a party to the litigation, the State is in a position to decide whether it will consent to a native title determination being made by a court or whether it will require the native title parties to prove their case through a contested hearing.

It is my understanding that the native title consent determination for the Quandamooka Peoples coincides with agreement that all sand - mining will cease on North Stradbroke Island by 2025 and 80 per cent of the Island will become national park by 2026.

Obtaining a native title determination by consent of the parties is just one way of securing the group's development base.

(43) These proposals concerned the making of a consent determination by the parties.

The delay in the Commonwealth government's decision to support a consent determination was not seen by the Victorian government as an insurmountable obstacle to negotiating a package that was aimed at a broader objective.

As a party to litigation, the Commonwealth is in a position to decide whether it will consent to a native title determination being made by a court or whether it will require the native title parties to prove their case through a contested hearing.

Section 87 of the Native Title Act requires the agreement of all parties to the proceeding for a consent determination to be made, irrespective of whether each party's interests may be affected by the terms of the agreement.

The Declaration is underpinned by four guiding principles: self - determination; participation in decision making and free, prior and informed consent; respect for and protection of culture; and non-discrimination and equality.

Connection reports are prepared by native title claimants to present evidentiary material to the state to encourage negotiation of a consent determination.

At the end of the review or inquiry, there will be no binding determination of any matters in issue in the proceedings, or any real likelihood that a resolution of the proceedings by consent will follow.

In some claims the number of respondent parties can reach the hundreds, many of whom may not be actively participating in the claim by the time a consent determination is sought.

After originally not agreeing to a mediated consent determination, mediation was given further impetus by an early evidence hearing at the conclusion of which Justice North expressed surprise at the lack of progress in negotiation given the strength of the evidence.

Some of the parties may only have minor interests in the proceedings, yet through their involvement (or lack thereof) they may be able to hinder or even prevent the approval of a consent determination agreed to by all other respondents, including the primary respondent.

[112] However, the NTA gives no further guidance as to what is required by «connection» for native title to be recognised through a determination, either by consent or through litigation.

We proceed on the basis that the main intent is to dispose of claims made under the NTA by way of determinations made under section 225, preferably consent determinations pursuant to section 87.4

so long as what is expected by the Act regarding a consent determination is unclear, parties will feel compelled to provide, and to demand, more rather than less, for fear of falling short of the Federal Court's expectations.

Determination by consent means an approved determination of native title by the Federal Court or the High Courts of Australia or a recognised body that native title does or does not exist in relation to a particular area of land and / or waters, which is made after the parties have reached agreement in relation to Determination by consent means an approved determination of native title by the Federal Court or the High Courts of Australia or a recognised body that native title does or does not exist in relation to a particular area of land and / or waters, which is made after the parties have reached agreement in relation to determination of native title by the Federal Court or the High Courts of Australia or a recognised body that native title does or does not exist in relation to a particular area of land and / or waters, which is made after the parties have reached agreement in relation to those issues.

It is underpinned by four guiding principles: self - determination; participation in decision making and free, prior and informed consent; respect for and protection of culture; and non-discrimination and equality.