Hollow avowals of human rights protection-time for an Australian federal bill of rights?

Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however, important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed - a federal bill of rights? In the course of this analysis the author makes suggestions for reform; specifically how a federal bill of rights may address the paucity of constitutional protection.<br /

Devil\u27s in the detail : non-commercial business losses

When the theme for the 2008 Australasian Tax Teachers&rsquo; Conference was announced (The Devil&rsquo;s in the Detail), the author immediately thought of the non-commercial losses provisions. These provisions are contained in Division 35 of the Income Tax Assessment Act 1997 (Cth) (&lsquo;ITAA 1997&rsquo;) and restrict individuals from offsetting losses from non-commercial activities against other income.<br /

Client view

Apart from learning substantive legal principles, practising lawyers need to develop certain professional skills, such as client interview skills. The challenge at Deakin University was to find a mechanism that was accessible to Deakin&rsquo;s cohort of distance education students. &lsquo;ClientView&rsquo; seeks to facilitate such through an esimulation. Through ClientView the student interviews their new client, Miranda Koh. The e-simulation ClientView is designed to be used in company law and taxation units. It has since been used as the model for further e-simulations in the Faculty of Business and Law. This article discusses the use of e-simulations in legal education and in particular the development and implementation of ClientView.<br /

Michigan Kids Deserve Housing, Environmental and Education Justice

Every child deserves a quality education and the opportunity that comes with it. Compared to other states, however, Michigan does not ensure that kids—especially those in families with low incomes—grow up under conditions that support their success.Housing in particular is critical to children's achievement, but families with Housing Choice Vouchers (HCVs) and other non-wage sources of income often have a hard time finding landlords who will rent to them. Several Michigan communities protect renters from this type of discrimination. A similar state-level law would give all families with vouchers more options for safe housing in healthy, opportunity-rich neighborhoods. The resulting education benefits would promote bright futures for kids, a strong workforce and economic prosperity for the whole state

The Stolen Generations - Canada and Australia: the Legacy of Assimilation

This article provides a comparative overview of issues pertaining to the stolen generation in Canada and Australia. It includes a historical overview of the removal and detaining of aboriginal children in Canada and Australia. As a consequence of the revelations of this past practice, litigation has been undertaken by members of the stolen generations in both Canada and Australia.The article includes a summary of the key cases in Canada and Australia. Unlike in Australia, some Canadian aboriginal claimants have successfully brought actions for compensation against the federal Canadian government for the damages stemming from their experiences in the aboriginal residential schools. In the course of this discussion, the various causes of actions relied upon by theplaintiffs are examined. While the plaintiffs in these leading  Canadian cases were ultimately successful under at least one of their heads of claim, the approaches in these cases in regard to the Crown’s liability for breaching fiduciary duties, the duty of care, and non-delegable duties is inconsistent. Thus even in regard to the Canadian jurisprudence key legal issues pertaining to the Crown’s liability for the aboriginal residential school experience continues tobe unresolved

A pilot study of subjective well-being in colorectal cancer patients and their caregivers

Background: Traditional endpoints in oncology are based on measuring the tumor size and combining this with a time factor. Current studies with immunotherapy show that even when median survival is unaltered, a significant proportion of patients can achieve prolonged survival. Objective tumor response does not always mean “overall” improvement, especially if toxicity is harsh. Novel agents are significantly expensive, and it is therefore crucial to measure the impact on “quality” of life, in addition to “quantity”. Materials and methods: We studied the preferences and experiences of cancer patients and their caregivers, measuring subjective well-being (SWB) ratings, EQ5D descriptions and time trade-off preferences. Results: We studied 99 patients and 88 caregivers. Life satisfaction ratings were similar between the two groups, but daily mood was significantly lower in caregivers (P&lt;0.1). Anxiety/depression affected SWB, while pain and mobility did not. Positive thoughts about health were associated with better daily moods in both groups, and stage IV cancer was associated with lower life satisfaction. Cancer in remission was associated with better daily moods, but, interestingly, not with patient life satisfaction. Patients with better daily mood and positive thoughts about family were less willing to “trade-off” life years. Conclusion: Caregivers are as anxious or depressed as patients, and report similar levels of life satisfaction but lower daily mood. A focus on SWB could provide a valid assessment of treatment benefit. Given the interesting results of this pilot study, we suggest a larger study should be conducted, measuring SWB over time

The impact of the conquered/settled distinction regarding the acqisition of sovereignty in Australia

Re-examination of the author\u27s 1988 article on the significance of the classification of a colonial acquisition as being through conquest, cession or settlement - discussion of Australian judicial pronouncements on various issues - whether Australia was \u27terra nullius\u27 - whether the Aboriginal peoples were sovereign nations - whether sovereignty was acquired through settlement or conquest - the laws of England flowed into and provided the legal foundations of the colony - whether those laws recognised the pre-existing Aboriginal title - significance of the classification of a colonial acquisition - Mabo decision - issues relevant to Aboriginal sovereignty.<br /

Capital gains tax in South Africa : lessons from Australia?

In the budget review of23 February 2000, the South African Minister of Finance announced that a capital gains tax (\u27CGT\u27) would be introduced into South Africa, the anticipated start date at that point being 1 April 2001. Pursuant to Taxation Laws Amendment Act 5 of 2001, a CGT of general operation was introduced into the South African Income Tax Act 58 of 1962 (the \u27ITA 1962\u27) through the insertion of the Eighth Schedule1, read together with s 26A of the Act. Section 26A is the charging provision that states that a person\u27s taxable income included their \u27taxable capital gain\u27. As discussed below, the start date was revised to 1 October 2001.<br /