2 10 81 Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Robinson, Peter Date A point or period of time associated with an event in the lifecycle of the resource 2022-11-20 Description An account of the resource The law of propensity evidence is in a state of flux in Australia as various State jurisdictions decide on their responses to recommendations of the Royal Commission Into Institutional Responses to Child Sexual Abuse.  Controversy persists about the probative value of such evidence, not limited to child sexual assault cases. An influential theory in this area is the theory of comparative propensity, advocated by Professor Hamer, and approved in a qualified way by the Royal Commission.  The theory employs a mathematical model based on Bayes’ equation to estimate the probative value of such evidence. This article critiques the theory and concludes that it does not reflect the real world factors that impact the probative value of such evidence. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6357 10.38127/uqlj.v41i3.6357 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6357/5931 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 3 (2022): The University of Queensland Law Journal; 243-276 1839-289X 0083-4041 Subject The topic of the resource propensity tendency coincidence evidence prior conduct Title A name given to the resource A Critique of the Theory of Comparative Propensity Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Larkin, Dani Hobbs, Harry Lino, Dylan Maguire, Amy Date A point or period of time associated with an event in the lifecycle of the resource 2022-03-03 Description An account of the resource Aboriginal and Torres Strait Islander peoples have long called for structural reform to Australia’s institutional framework to protect and promote their rights. In recent years, however, state and territory governments have proven more receptive to Aboriginal and Torres Strait Islander peoples’ advocacy than the Commonwealth. In this article, we identify and map the return of the states and territories — and the retreat of the Commonwealth — in Indigenous law reform. While substantial progress has been made, significant risks are involved in the pursuit of subnational reform. It remains imperative that the Commonwealth government meaningfully engage with the aspirations of Aboriginal and Torres Strait Islander peoples as recorded in the Uluru Statement from the Heart.  Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6353 10.38127/uqlj.v41i1.6353 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6353/5137 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 1 (2022): The University of Queensland Law Journal; 35-58 1839-289X 0083-4041 Title A name given to the resource Aboriginal and Torres Strait Islander Peoples, Law Reform and the Return of the States Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Blore, Kent Booth-Marxson, Brenna Date A point or period of time associated with an event in the lifecycle of the resource 2022-03-03 Description An account of the resource Much of the work of government is carried out by public servants with the assistance of lawyers. Because the Human Rights Act 2019 (Qld) (‘Human Rights Act’) is intended to change the way government works, it also has consequences for the way public servants and lawyers carry out the work of government. This article explores the impact of the Human Rights Act on the ethical duties of public servants to give frank advice and to implement policy decisions faithfully, as well as the ethical duty of lawyers to act in their client’s best interests. While the Human Rights Act brings a new rigour to the frank advice that public servants must give, they must still respect the ultimate decision of the government of the day. Similarly, the Human Rights Act brings lawyers closer to the edge of legal and policy advice, but this article puts forward a ‘supervisory’ approach as one way that lawyers can avoid straying too far into policy development and debate. The Human Rights Act breathes new life into old ethical duties by reminding us of the importance of candour and fidelity. Equally, frank advice and collaboration between lawyers and policy officers breathe life into the ambition of the Human Rights Act.  Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6351 10.38127/uqlj.v41i1.6351 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6351/5135 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 1 (2022): The University of Queensland Law Journal; 1-34 1839-289X 0083-4041 Title A name given to the resource Breathing Life into the Human Rights Act 2019 (Qld): The Ethical Duties of Public Servants and Lawyers Acting for Government Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Stride, Catriona Date A point or period of time associated with an event in the lifecycle of the resource 2022-12-08 Description An account of the resource Native title rights to take resources for unconstrained or commercial purposes were first recognised almost a decade ago, but the significance and uptake of such rights in Australia is now heightened. Resource ownership and management are critical components of global sustainable development and Indigenous interest holders play a key role in that space. The gradual acceptance of resource use by traditional owners in a modern economy reflects more developed trends overseas such as in Canada. Reluctance to concede the commercial exercise of native title rights may be due not only to evidential thresholds (required by state governments to enter consensual determinations), but also concerns about the possible consequential legal impacts for those governments and other interest holders. This article considers potential consequences of recognising native title rights to take resources for any purpose in several developing areas of native title jurisprudence including: quantum of native title compensation, the regulation of native title under resource management legislation enacted since the Native Title Act 1993 (Cth), competing claims to resource ownership and use, and the risks for government where prior assumptions of resource ownership are displaced by determined native title. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6255 10.38127/uqlj.v41i3.6255 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6255/5933 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 3 (2022): The University of Queensland Law Journal; 277-297 1839-289X 0083-4041 Title A name given to the resource Native Title Rights to Take Resources: Emerging Issues in Relation to Commercial Rights Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Joseph, Sarah Harris Rimmer, Susan Christian, Lane Date A point or period of time associated with an event in the lifecycle of the resource 2022-11-22 Description An account of the resource In late July 2021, we conducted a survey of attitudes to human rights in Queensland, as well as to the new Human Rights Act 2019 (Qld). Our empiric research questions include: what are community attitudes to human rights; how do people perceive the level of respect and protection for human rights in Queensland; how do attitudes differ between certain demographic groups regarding human rights and the enjoyment of those rights in Queensland; how well does the public know the Human Rights Act, and how should human rights be enforced in Queensland? Our overall question addresses how these results may guide recommendations for human right policy moving forward, including the implementation of legislation in a manner that promotes and protects human rights at a community level. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6245 10.38127/uqlj.v41i3.6245 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6245/5941 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 3 (2022): The University of Queensland Law Journal; 363-428 1839-289X 0083-4041 Subject The topic of the resource human rights Queensland attitudinal survey Queensland Human Rights Act Title A name given to the resource What Did Queenslanders Think of Human Rights in 2021? An Attitudinal Survey Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Anthony John Dunn, James Date A point or period of time associated with an event in the lifecycle of the resource 2022-02-01 Description An account of the resource In the light of both the Chief Justice of the High Court of Australia Susan Kiefel’s extra-judicial comments on the ‘institutional responsibility’ of appellate courts to decide cases by joint judgment where possible, and literature that indicates an increase in the expression of reasons through joint judgment in the High Court of Australia since the beginning of former Chief Justice Robert French’s tenure, there has been much debate on the desirability of joint judgments. In this article, I present empirical information on selected New South Wales and federal intermediate appellate court judgment writing practices from 2009 to 2019. I do so to address former President of the New South Wales Court of Appeal Margaret Beazley’s ‘dalliance on a curiosity’1 concerning both joint judgment trends and whether Australian intermediate appellate courts should, given the example set by certain Justices of the High Court, preference joined reasons to separate individual concurrences.  Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6241 10.38127/uqlj.v40i3.6241 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6241/5023 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 3 (2021): The University of Queensland Law Journal; 555-592 1839-289X 0083-4041 Title A name given to the resource Should Judges Join In? A Normative Study of Joint Judgments in Selected Australian Intermediate Appellate Courts Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Hosen, Nadirsyah Kingsley, Jeremy Lindsey, Tim Date A point or period of time associated with an event in the lifecycle of the resource 2022-02-01 Description An account of the resource This article investigates Indonesian laws that require contracts to be in the Indonesian language if a party is Indonesian or an Indonesian entity is ‘involved’. It identifies the problems this creates for business arrangements in Indonesia, particularly those involving investors from English-speaking backgrounds. The article begins with an account of relevant Indonesian statutes and regulations before exploring a series of judicial decisions regarding language requirements for a valid contract. It finds that the Indonesian courts have been inconsistent in their application of law in this area, and that this has created significant uncertainty. It then examines the implications of this situation for legal practice, showing that it has led to increased risks and costs for foreign and local businesses. It concludes with two alternative proposals for reform.  Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6239 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6239/5021 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 3 (2021): The University of Queensland Law Journal; 531-554 1839-289X 0083-4041 Title A name given to the resource Lost in Translation: Indonesian Language Requirements and the Validity of Contracts Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Batros, Ben Date A point or period of time associated with an event in the lifecycle of the resource 2022-02-01 Description An account of the resource Few people reading this will need reminding of the challenge that climate change poses. The need for urgent action to address climate change is clear. While law cannot solve the climate crisis, lawyers can and must play an important part in our response. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6237 10.38127/uqlj.v40i3.6237 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6237/5019 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 3 (2021): The University of Queensland Law Journal; i-iv 1839-289X 0083-4041 Title A name given to the resource Foreword to UQLJ Special Edition on Climate Change, the Law and Legal Education Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Nelson, Rebecca Date A point or period of time associated with an event in the lifecycle of the resource 2022-01-23 Description An account of the resource Australia leads the world in formally dedicating private land to environmental conservation, helping governments protect critical biodiversity without straining the public purse. In Queensland, the booming resources sector threatens this biodiversity protection, even beyond landholders’ well-recognised lack of veto power over mining approvals on their land. Three structural legal biases increase this vulnerability. To differing degrees, Queensland’s laws assume that mining affects only land under or adjoining mining tenures, overlooking scientifically likely longer-distance impacts (‘boundary bias’); they emphasise protecting built and commercial infrastructure over ecological assets, overlooking significant investment in species and ecosystems (‘infrastructure bias’); and they allow consideration of proposed mining in isolation, without considering cumulative impacts on ecological assets (‘singularity bias’). Fortunately, Queensland law and policy precedents suggest potential corrective reforms. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6217 10.38127/uqlj.v40i3.6217 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6217/5017 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 40 No. 3 (2021): The University of Queensland Law Journal; 491-530 1839-289X 0083-4041 Title A name given to the resource Regulating Hidden Risks to Conservation Lands in Resource Rich Areas Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Title A name given to the resource The University of Queensland Law Journal Dublin Core The Dublin Core metadata element set is common to all Omeka records, including items, files, and collections. For more information see, http://dublincore.org/documents/dces/. Creator An entity primarily responsible for making the resource Duffy, James Burton, Kelley Date A point or period of time associated with an event in the lifecycle of the resource 2022-08-09 Description An account of the resource This article examines recent amendments to the definition of consent in the Queensland Criminal Code, with a view to recommending amendments to the Western Australian Criminal Code. Comparative and doctrinal methodology are used to identify shortcomings in the definition of consent in the Western Australian Code, and how these might be remedied. Given the different origins and form of criminal law across Australian states and territories, the definition of consent has naturally varied. In some instances, these variations are semantic, and the content of the law is uniform. In other cases, interpretive ‘grey areas’ exist, with the very real consequence that the concept and content of ‘consent’ may operate differentially across state borders. Given the shared genesis (and current similarity) of the Queensland and Western Australian Criminal Codes, there are few reasons for their definitions of consent to vary in form and substance. Format The file format, physical medium, or dimensions of the resource application/pdf Identifier An unambiguous reference to the resource within a given context https://journal.law.uq.edu.au/index.php/uqlj/article/view/6133 10.38127/uqlj.v41i2.6133 Language A language of the resource eng Publisher An entity responsible for making the resource available The University of Queensland School of Law Relation A related resource https://journal.law.uq.edu.au/index.php/uqlj/article/view/6133/5705 Rights Information about rights held in and over the resource Copyright (c) 2022 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Vol. 41 No. 2 (2022): The University of Queensland Law Journal 1839-289X 0083-4041 Subject The topic of the resource consent, sexual offences, assault, communication model, withdrawal Title A name given to the resource A Review of the New Legislative Definition of Consent in Queensland: An Opportunity for Western Australia? Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article