4 10 44 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Borutz, Olaf Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article reviews and responds to the analysis completed by Jacob Holmes in the primary article ‘Professional Sport and Market Restrictions: Is the Player Points System in the Australian National Basketball League an Unfair Restraint of Trade?’. It adopts the position that until such time as the NBL is able to sustain its current format and competition, no change should be made. It also argues that it is unlikely that the courts will in fact hold that the NBL’s Player Points System does amount to a restraint of trade, given its reasonable nature and overall objectives of developing an equal and level playing field for the entire sport. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1258 10.21913/USLRunisaslr.v1i0.1258 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1258/821 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource THE FUTURE OF THE NBL: REVIEWING THE PLAYER POINTS SYSTEM AND THE OVERALL SUSTAINABILITY OF THE LEAGUE 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Arnold, David Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article comments on the article in this volume entitled ‘Is Society Still Shackled with the Chains of a 1993 England?: Consent, Sado-masochism and R v Brown’ by Jordan Moulds. It argues that the defence of consent should not be circumscribed to the extent that it was in Brown for three reasons: the first is based on maintaining the coherence of the law; the second arises from the importance of valuing the liberty of individuals in cases where a statute is vague; and the third is found in the value of autonomy. This comment argues in Part I that the criminal law and tort law should set the same threshold at which consent will no longer afford a defence. Part II draws on the theories of Raz, Fuller and Marmor argues that the liberty of individuals should not be so easily sacrificed where the statute allegedly governing the impugned behaviour is vague; and Part III concludes that the common law position on consent in New Zealand serves as an example of an acceptable balance between the autonomy of the victim and the role that the criminal law has to play in reducing threats to peace and order.  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://ojs.unisa.edu.au/index.php/uslr/article/view/1257 10.21913/USLRunisaslr.v1i0.1257 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1257/820 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource VAGUENESS, AUTONOMY, AND R V BROWN 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Leader-Elliott, Ian Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article provides a response to the article in this volume entitled ‘Is Society Still Shackled with the Chains of a 1993 England?: Consent, Sado-masochism and R v Brown’ by Jordan Moulds. It takes issue with the primary article’s claims that consensual infliction of pain and physical harm is now acceptable and may even possess some social value as recreation. It offers three reflections on the topic of criminal liability for consensual harms. The first has to do with the absence of principle in the South Australian legislative developments. The second casts doubt on the cogency of the primary article’s enquiries into the social utility or benefit of sadomasochism. The third draws attention to another peculiarity of South Australian criminal law, which arises because of the fact that the CLCA offences against the person do not include an offence of causing harm by negligence. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1256 10.21913/USLRunisaslr.v1i0.1256 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1256/819 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource SADOMASOCHISTS UNSHACKLED? 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Langos, Colette Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article is a comment on Peta Spyrou’s article in this volume entitled ‘Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools’. It highlights some of the original contributions made in the primary article before moving on to consider the importance of changing student norms about cyberbullying and victimisation generally. It identifies themes for future research that aims to change social norms around bystander intervention in instances of bullying and cyberbullying. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1255 10.21913/USLRunisaslr.v1i0.1255 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1255/817 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource LANGOS RESPONDS TO SPYROU: CHANGING GROUP NORMS MAY FOSTER POSITIVE RESPONSES TO VICTIMISATION 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Berg, Chris Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article is a comment on Peta Spyrou’s article in this volume entitled ‘Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools’. It considers three aspects of the problem: the first focuses on the implications of the fact that  cyberbullying is not a new form of social activity but is rather a new form of bullying; the second explores some of the possible policy and social responses to the problem; and the third draws from the insights of evolutionary economics and underlines the importance of respecting the rights of children both to be protected from bullying as well as to develop their identities. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1254 10.21913/USLRunisaslr.v1i0.1254 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1254/816 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource CYBERBULLYING AND PUBLIC POLICY: AN EVOLUTIONARY PERSPECTIVE 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Davis, Julia Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article comments on Peta Spyrou’s article in this volume entitled ‘Civil Liability for Negligence: An Analysis of Cyberbullying Policies in South Australian Schools’. It considers whether the two established legal regimes of tort law and the criminal law can offer a satisfactory response to the problem of cyberbullying by school children and then moves on to outline some innovative legislation introduced recently by the governments of Australia and New Zealand. It suggests that the law of torts is not currently equipped to deal directly with many of the problems caused by cyberbullying and argues that using the weight of the criminal law is not always an appropriate response to wrongs committed by school children. It concludes that the recent legislative initiatives offer a more efficient, effective and restorative 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://ojs.unisa.edu.au/index.php/uslr/article/view/1253 10.21913/USLRunisaslr.v1i0.1253 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1253/815 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource LEGAL RESPONSES TO CYBERBULLYING BY CHILDREN: OLD LAW OR NEW? 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Shaw, Rachael Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This article comments on Seamus Brand’s article in this volume entitled ‘Australian Live Animal Export: A Comparative Examination of Viable Alternatives’. Part I considers the economic arguments that support abolishing Australia’s live animal export trade. Part II focuses on the approach to animal welfare taken in Brazil and Part III discusses the merits of an umbrella treaty. The comment concludes that Australia should follow the lead taken by New Zealand and end the export trade in live animals.  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://ojs.unisa.edu.au/index.php/uslr/article/view/1252 10.21913/USLRunisaslr.v1i0.1252 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1252/814 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource THE ABOLITION OF ANIMAL EXPORT 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Stein, Brian Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource This is a comment on Seamus Brand’s article in this volume entitled ‘Australian Live Animal Export: A Comparative Examination of Viable Alternatives’. It summarises current scientific evidence of the pain and suffering that is experienced by animals during slaughter. The comment begins by surveying the different measures of pain and distress in animals before moving on to present an overview of the halal, kosher and commercial methods used to kill animals. It argues that while the available evidence confirms that direct incisional killing causes pain and may lead to significant suffering in some animals, the deeper issue that must be confronted arises from the fact that even when best commercial practices are followed, enormous numbers of animals experience pain or distress in the final period of their life regardless of whether they are killed by halal, kosher or secular methods of slaughter. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1251 10.21913/USLRunisaslr.v1i0.1251 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1251/813 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource IT’S NOT JUST ABOUT THE KNIFE: RELIGIOUS AND SECULAR KILLING FOR MEAT 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Bagshaw, Ashleigh Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource Developments in Australian law over the last 40 years have allowed transgender persons a greater level of autonomy when it comes to establishing their legal gender. The shift in some jurisdictions from employing a strict biologically-based test for determining gender identity to adopting a multifactorial approach based on a broad range of relevant factors has enabled a greater number of individuals to gain legal recognition of their preferred gender. This article traces the development of a gender identification test at common law. It explores Australian federal and state legislative schemes and draws attention to the inconsistencies between jurisdictions. It also highlights the impact that these statutory variations may have upon transgender individuals. Parts I, II and III discuss the current approach to regulating gender identity at common law and via legislation. Part IV discusses the impact of these laws on transgender people and highlights the need for all Australian jurisdictions to adopt a uniform approach to gender identification. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1250 10.21913/USLRunisaslr.v1i0.1250 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1250/827 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource EXPLORING THE IMPLICATIONS OF GENDER IDENTIFICATION FOR TRANSGENDER PEOPLE UNDER AUSTRALIAN LAW 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 University of South Australia Law Review Dataset Data encoded in a defined structure. Examples include lists, tables, and databases. A dataset may be useful for direct machine processing. 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 Gay, Stephen Date A point or period of time associated with an event in the lifecycle of the resource 2015-11-23 Description An account of the resource Child protection systems in Australia are struggling to cope with the growing number of children requiring out-of-home care because of abuse or neglect occurring within families. Professionals and governments are grappling with the alternative care options that are available in an attempt to improve children’s health, education and emotional development. Research demonstrates that children suffer if they are exposed to multiple placements throughout childhood and this leads some to believe that the permanency of adoption would better serve the needs of children from broken families. This article considers the recent proposal by the South Australian State Coroner to expand the role of adoption as a child protection response, noting that New South Wales introduced such a model in 2014. It also examines international approaches in this area as well as the findings of studies into foster care and adoption. By drawing together the knowledge gained from different policy and practice approaches to out-of-home care, this article argues that introducing a blanket approach favouring adoption is not an appropriate option. It concludes that the only model likely to achieve the best outcomes for children is one involving individual responses to every child. 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://ojs.unisa.edu.au/index.php/uslr/article/view/1249 10.21913/USLRunisaslr.v1i0.1249 Language A language of the resource eng Publisher An entity responsible for making the resource available University of South Australia Relation A related resource https://ojs.unisa.edu.au/index.php/uslr/article/view/1249/810 Source A related resource from which the described resource is derived University of South Australia Law Review; Vol. 1 (2015): UniSA Student Law Review 2206-1398 Title A name given to the resource THE CHOICE BETWEEN ADOPTION AND FOSTER CARE AS CHILD PROTECTION RESPONSES Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion