267 10 3575 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 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 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 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 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 Giancaspro, Mark Date A point or period of time associated with an event in the lifecycle of the resource 2022-11-16 Description An account of the resource The small to medium-sized enterprise (SME) sector is the largest and most productive in Australia. Like all established market-based economies, ours is characterised by the use of contracts as a mechanism for exchange. Contracts often require variation in response to variables such as under-pricing, resource availability, changes in scope, and rising product costs, so SMEs (and larger businesses) will frequently encounter the process of renegotiation. The rules applicable to contract renegotiation seldom receive attention in academic writing. Moreover, the attitudes toward, understandings of, and experiences with the doctrine of renegotiation among Australian SMEs are scarcely researched. This article expounds the law of renegotiation before reporting on selected findings from a largescale empirical study designed to fill these knowledge gaps, among others, in the literature. The results provide invaluable insight into how this critically important sector perceives and deals with contract law and the doctrine of renegotiation and underscores potential areas for improvement. 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/6429 10.38127/uqlj.v41i3.6429 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/6429/5935 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; 299-326 1839-289X 0083-4041 Title A name given to the resource Renegotiation in the Real World: A Study of Australian Small to Medium-Sized Enterprises, Contract Variation, and the Law 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 McInnes-Smith, Sienna Date A point or period of time associated with an event in the lifecycle of the resource 2023-01-25 Description An account of the resource Despite persistent criticism from international human rights bodies and experts, Queensland continues to permit the ‘lawful correction’ of children as a defence to criminal offences committed against them. The recent introduction of a human rights framework in Queensland further highlights the disconnect between the State’s correction defence, contemporary understanding of the deleterious effects of physically punishing children, and children’s human rights principles. This article examines this disconnect and the consistency of the Queensland defence with the Human Rights Act 2019 (Qld). To this end, it outlines the current position in the medical and psychological literature that corporal punishment has severe consequences for children. It also explains the scope of the Queensland defence and compares it to other Australian jurisdictions. The article then turns to an analysis of the consistency between the defence and the Human Rights Act. It concludes that the defence repudiates human rights guarantees in Queensland, as well as the international framework for children’s rights, and identifies avenues 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/6439 10.38127/uqlj.v41i3.6439 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/6439/5939 Rights Information about rights held in and over the resource Copyright (c) 2023 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; 327-362 1839-289X 0083-4041 Title A name given to the resource The Inconsistency of the 'Lawful Correction' of Children Defence with Queensland's New Human Rights Act 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 Sorial, Sarah Morris, Shireen Date A point or period of time associated with an event in the lifecycle of the resource 2023-05-22 Description An account of the resource   In this article we examine the recent High Court decision in LibertyWorks Inc v Commonwealth of Australia (‘LibertyWorks’). We argue that this decision fails to properly apply the implied freedom of political communication (the ‘implied freedom’) in four principle ways. First, the majority judgments do not properly grapple with the complexities of legislative purpose. The Foreign Influence Transparency Scheme Act 2018 (Cth) (‘FITS Act’) targets foreign influence rather than just covert and corrupt foreign interference, yet the judgements blur this important distinction throughout. If the true legislative purpose of the FITS Act is to increase transparency to prevent foreign influence, this purpose is illegitimate and incompatible with Australia’s representative government, so the FITS Act should fail on this basis. Alternatively, if the true purpose is to increase transparency to prevent foreign interference, that legislative purpose is not served by the scheme, because it is ineffective in achieving its aim. Second, the majority in LibertyWorks do not properly assess the legislative breadth of the FITS Act, including the wide range of actors to which the obligations to register relate. This, we suggest, imposes a broad and, arguably, unbalanced burden on free debate. Third, the majority do not pay sufficient regard to the different tiers of registration, which create not only public, but also private (and therefore unjustified) catalogues of information. Finally, Steward J’s constitutionally conservative (yet paradoxically activist) claim that the implied freedom may not exist appears to invite a future constitutional challenge to the implied freedom. We argue his Honour may be right, but not for the reasons he elucidates. In our view, the implied freedom was essentially non-existent in this case because it was not robustly applied by the High Court. 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/6479 10.38127/uqlj.v42i1.6479 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/6479/6267 Rights Information about rights held in and over the resource Copyright (c) 2023 The University of Queensland Law Journal Source A related resource from which the described resource is derived The University of Queensland Law Journal; Forthcoming Articles 1839-289X 0083-4041 Subject The topic of the resource Free speech Constitutional Law High Court Implied freedom of political communication Title A name given to the resource Does it Exist? LibertyWorks and Australia’s Shrinking Implied Freedom of Political Communication 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 Stonebridge, Morgan Date A point or period of time associated with an event in the lifecycle of the resource 2022-05-02 Description An account of the resource Public concern for the welfare of animals used in rodeo events is growing. Much of this concern is directed at the event of calf roping, an event that involves chasing, lassoing and throwing a calf to the ground. In all Australian jurisdictions, pain inflicted on animals is subject to a requirement that the pain not be unjustifiable or unnecessary. Typically, pain caused to animals can be justified if it provides human benefit. Legislatures in Australian states and territories have excluded calf roping from this assessment, which to some extent implies that the practice meets the standard. Accordingly, this article utilises the Ford v Wiley proportionality test to determine whether the harm inflicted on calves is justified in the light of the purported benefits of the practice. It argues that the harm caused is not proportionate to the benefits and, as a result, that all Australian jurisdictions should explicitly prohibit the practice. 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/6481 10.38127/uqlj.v41i1.6481 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/6481/5133 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; 59-88 1839-289X 0083-4041 Title A name given to the resource The Legality of Calf Roping in Australia: A Ford v Wiley Proportionality Analysis 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 Thompson, Brooke Date A point or period of time associated with an event in the lifecycle of the resource 2022-05-02 Description An account of the resource This article explains the distinctive nature of Islamic inheritance law and considers the extent to which Muslim residents in Australia can assimilate their faith-based obligations with their country-based obligations in matters of inheritance. The article identifies conflict in the Islamic and Australian intestacy rules and sets out three ways that Muslims can manage this conflict. The article considers the scope for, and feasibility of, the execution of Islamic wills in Australia to demonstrate how they assist Muslims to comply with their religious inheritance obligations. While there is no manifest inadequacy in the current legal framework that impedes Muslims from maintaining an Islamic inheritance, the article establishes two instances where Muslims remain at a disadvantage and adds to calls for reform in the area of family provision. 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/6483 10.38127/uqlj.v41i1.6483 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/6483/5139 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; 89-126 1839-289X 0083-4041 Title A name given to the resource Navigating Dual Legal Systems: Islamic Inheritance Law in Australia's Secular Legal Framework Type The nature or genre of the resource info:eu-repo/semantics/article info:eu-repo/semantics/publishedVersion Peer-reviewed Article