Friday, January 3, 2020

Major Provisions Of The Queensland Law Essay - 1473 Words

Major Provisions of the Queensland law relating to Domestic violence Domestic violence is a growing concern in Australia. Police handled more than 3,000 domestic violence matters in just one suburb of Brisbane in the past 12 months and for the whole of Queensland, handled another 25,000 matters. The Domestic and Family Violence Protection Act 2012 is the act of Parliament that deals with domestic violence. The key aims of the legislation are to provide immediate and short to middle term protection for aggrieved people. Under Division 2 number 8, domestic violence can be defined as â€Å"behaviour by a person (the first person) towards another person (the second person) with whom the first person is in a relevant relationship that— (a) is physically or sexually abusive; or (b) is emotionally or psychologically abusive (c) is economically abusive; or (d) is threatening; or (e) is coercive; or (f) in any other way controls or dominates the second person and causes the second person to fear for the second person’s safety or wellbeing or that of someone else as shown in Appendix A†. Violence occurs between intimate partners, husband and wife, ex - partners, step- parents, parents and their teenage or adult children as well as disabled people and their car er. (Domestic and Family Violence Protection Act 2012). One of the major provisions of the Act is the provision of Domestic violence orders (DVO). A DVO is made by the court which has conditions in place that restrict theShow MoreRelatedNature Of The Case And The Central Legal Issue1536 Words   |  7 Pages(Respondents via subsidiaries including Pozzolanic) in the Federal Court of Australia in Brisbane. The ACCC alleged that four exclusive contracts related to the Respondents entering into contracts to acquire ‘flyash’ from four power stations in South East Queensland, between 2001 and 2006. Flyash is a by-product of burning black coal at electricity generating power stations, when of a suitable quality; flyash can be used as a cheap partial substitute for cement in ready-mix concrete. The ACCC alleged thatRead MoreThe Freedom Of Speech And Democratic Rights1637 Words   |  7 Pagesgeneration negative rights; they include the rights fundamental to political and legal freedoms. They include political freedoms such as freedom of speech and democratic voting rights as well as legal rights involving habeas corpus and equality before the law. Together these rights guarantee open democratic participation and protect individuals from the abuse of excessive power of the state and other larger groups. Throughout Australian history the recognition of Indigenous rights have been construed toRead MoreAbortion : The Only Medical Procedure1251 Words   |  6 PagesAbortion in Queensland is the only medical procedure that is still considered a criminal offence in the Criminal Code Act 1999 (Qld). Since the abortion laws were introduced societies attitudes, safe medical practices and women’s status in Australian society have changed. As a result the current laws do not r eflect modern day’s society’s view and does not effectively protect stakeholder’s rights. Abortion should be decriminalised and made legal up to 17 weeks. However abortion past 17 weeks can onlyRead MoreThe Legal And Ethical Issues1532 Words   |  7 Pagesand a process to address the conflict. Legal Issues In Queensland Health Policy (2012) it clearly states that, Health Care Practitioners by law must obtain consent from a person or an appropriate decision maker before touching, examining or providing any health care. Consent can be recognised in three forms: implied, verbal or written consent. However, in a healthcare setting and applicable to this case study, Dr Able was required by Queensland Health Policy, as the senior health practitioner, toRead MoreThe Law And Its Effect On Family Provision1993 Words   |  8 Pagesfamily provision claims are becoming more common in our society and are arguably undermining the testator’s use of their free will. The courts have implemented the use of mediation as a strategy to assist them in processing these applications. 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The second stage of the reform provided that the new ACL would commence on the 1st of January 2011 and included the consumer guarantee reforms and a new standard consumer product safety law for consumerRead More Common Law Concepts Essay1655 Words   |  7 Pages2003) states the idea of compensation in Common Law is to protect the environment as it amplifies the need for organisations and individuals within a society to prevent nuisance. Furthermore, compensation concept has raised conflict between environmental concerns and restricts the propert y holder’s rights to fully utilize their resources. Nevertheless, the idea of compensation can also be seen as an ethical guideline for the society, of which if any laws were to be broken, for example harming the environmentRead MoreUnderstanding Taxation Of Returns On Property Holdings Essay1121 Words   |  5 PagesAustralia, officially the commonwealth of Australia is a country comprising six states, namely, New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia. To govern these states, the federal system is divided into three broad categories which are Federal government, state government and local government. The Federal government has the power to make the laws for all Australian Territories. Specific areas of legislative power are given to the federal government which includesRead MoreLegal Formalism And The Australian Legal System1965 Words   |  8 Pagescritical component to the Australian legal system, judicial creativity is essential when the legislation fails to satisfy rule of law ideals. One key example of this is that although abortion is an offence under the Queensland Criminal Code, it was ruled this year by the Supreme Court that a 12 year old was able to proceed with terminating a pregnancy in a Queensland public hospital. This case’s outcome would be viewed as incorrect using reasoning from a strict legal formalism approach, howeverRead MoreWhy Terra Nullius Was An Obstacle For Achieving Native Title1320 Words   |  6 Pages1. Explain why terra nullius was an obstacle in achieving native title. The doctrine of Terra Nullius is an expression meaning ‘land belonging to no one’. It is used in international law to describe a territory or state which has never been subject to the sovereignty of any state. Despite the criteria needed for the term ‘Terra Nullius’ to be withstanding, the Europeans still claimed Australia as ‘empty land’, as they could not see any signs of ownership. Therefore, Terra Nullius became an obstacle

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