Description : In the relation of states, treaties are a matter of great importance. The law of treaties and the study of treaty-making procedures in municipal law systems have become both from a theoretical and practical point of view, subjects of increasing interest. The United Nations Legal Committee as well as the International Law Commission have published studies concerned with the relationship of international law and municipal law, emphasizing national practices concerning the conclusion of treaties. In the case of some countries, such as Great Britain and the United States, numerous studies of treaty making problems have been made, but much less has been published in the case of many other countries such as Australia, Canada or India. In the case of Australia, research on treaty-making has resulted in comparatively few published articles in scholarly and legal journals and only a few comments in general legal treatises. But no comprehen sive legal analysis of the subject has as yet appeared. This study aims to present a comprehensive survey and analysis of actual treaty making procedures and practices in Australia against the setting of the relevant constitutional and other legal norms of the Australian political system. The analysis of treaty-making will consider both normative and empirical legal aspects. Basic constitutional norms, legal principles derived from common and constitutional law and statutes will be discussed, as well as the actual practices and procedures used in the exercise of the treaty-making power.
Description : A new edition of this excellent pharmacy law text, fully updated and unique to the Australian marketplace. Australian Pharmacy Law and Practice 2nd edition is the key law and ethics resource for pharmacists and students. Fully revised and updated, this new edition provides an introduction to contemporary pharmacy practice in Australia, looking at the various laws, policies and standards that govern the profession. Australian Pharmacy Law and Practice 2nd edition features excerpts of the relevant legislation, addressing all the pharmacy laws and regulations Australia’s pharmacists need to know. This updated pharmacy law text also includes a wealth of new content, such as pharmacy-specific case scenarios. Plus, all chapters are clearly mapped to the National Competency Standards Framework for Pharmacists 2010, which cover aspects of medicine regulation and pharmacy practice. An essential resource in the ever-changing area of pharmacy practice, this new edition of Australian Pharmacy Law and Practice is ideal for both pharmacy students wanting to understand the legal and regulatory implications of pharmacy practice and practicing pharmacists seeking clarification of their position in relation to the state and national legislation and regulation under which they practice. End-of-chapter questions and activities Further reading lists in every chapter State-specific and up-to-date legislation Clear, easy-to-follow layout Additional case study resources on Elsevier’s Evolve portal Case scenarios incorporated throughout chapters. Listing of National Competency Standards Framework for Pharmacists 2010 covered in each chapter.
Description : Essentials of Law for Health Professionals 3e has been thoroughly revised and updated throughout to reflect the most recent changes in legislation relevant to the provision of health care services in Australia. Employment status of health professionals and issues of work cover, health and safety obligations, anti-discrimination issues are clearly outlined and discussed in the new edition. Legal issues surrounding genetics, fertility and surrogacy are reviewed in conjunction with the current position on abortion and wrongful deaths. The breadth of material is presented in a manner that is more in keeping with a student resource text rather than a law book. It emphasises major points and includes summaries on how the law relates to practice rather than merely stating the law. The new third edition continues to present contemporary issues relevant for Health Science students from the clinical setting through to management and employment, as they apply to each state. Streamlined new edition includes updates to key chapters such as: Chapter 5 Negligence, which has been completely rewritten to discuss negligence by jurisdiction Chapter 8 Manipulation of Life now deals with topical and controversial issues such as abortion, wrongful death, tissue transplants, genetics and infertility Chapter 10: Contractual and Industrial Elements of Professional Practice has been updated to include the most recent changes to Industrial Relations Law, information that is essential for any Health Professional entering into employment. Chapter 11: Statues Controlling Health Service Delivery has been revised with respect to drugs and continues to provide the significant legislation most likely to impact on the daily practice of the health professional namely poisons, mental health legislation, child and elder abuse, and the notification of births and deaths. New Chapter 12: Registration and Regulation of Health Professionals highlights the contemporary issues faced by health professionals with the implementation of National Registration. Addition of legislation regulating research and a discussion of the legislative and common law controls on conducting research within Australian healthcare systems – National Health and Medical Research Council Act Update all appendices and include the Decision Making Framework for Nurses plus Glossary Takes a multidisciplinary approach to the subject of health care law and includes case-studies and activities. Discussion on the implications of evidence-based practice on the standard notionally attributed to the duty of care.
Description : This monograph is the most comprehensive comparative law study of legal responsibility arising from medical care presently available. It is written for doctors as well as health care administrators and legal professionals. Focusing on the problems of civil liability, it presents the development, points of contact with, and differences between the modern law of medical liability stemming from both the Common Law and Civil Law traditions of England, Scotland, Eire, New Zealand, Australia, Canada, the United States, South Africa, France, Belgium, West Germany, Switzerland, and Austria. It demonstrates the extent to which both problems of medical law and trends towards their solution are already familiar in these legal systems. The work describes principles and trends, not by confronting the reader with 'national reports' and separate chapters on different legal systems; rather, the relevant legal problems are analyzed from an integrative, comparative viewpoint. The main thrust of the presentation is the analysis of numerous court decisions -- the number of which is rising ominously in the United States -- on the civil liability of doctors and hospitals for damages arising from substandard treatment or inadequate disclosure of information to the patient. References to the legal and medical literature, indexes, and a refined system of cross-references, together with an important collection of appendices covering legal and ethical declarations make this work accessible as a handbook and reference work for the legal and social problems encountered today in the wide area of law, ethics, and medicine.
Description : Now in its second edition, Construction Law is the standard work of reference for busy construction law practitioners, and it will support lawyers in their contentious and non-contentious practices worldwide. Published in three volumes, it is the most comprehensive text on this subject, and provides a unique and invaluable comparative, multi-jurisdictional approach. This book has been described by Lord Justice Jackson as a "tour de force", and by His Honour Humphrey LLoyd QC as "seminal" and "definitive". This new edition builds on that strong foundation and has been fully updated to include extensive references to very latest case law, as well as changes to statutes and regulations. The laws of Hong Kong and Singapore are also now covered in detail, in addition to those of England and Australia. Practitioners, as well as interested academics and post-graduate students, will all find this book to be an invaluable guide to the many facets of construction law.
Description : Purifying Empire explores the material, cultural and moral fragmentation of the boundaries of imperial and colonial rule in the British Empire in the late nineteenth and early twentieth centuries. It charts how a particular bio-political project, namely the drive to regulate the obscene in late nineteenth-century Britain, was transformed from a national into a global and imperial venture and then re-localized in two different colonial contexts, India and Australia, to serve decidedly different ends. While a considerable body of work has demonstrated both the role of empire in shaping moral regulatory projects in Britain and their adaptation, transformation and, at times, rejection in colonial contexts, this book illustrates that it is in fact only through a comparative and transnational framework that it is possible to elucidate both the temporalist nature of colonialism and the political, racial and moral contradictions that sustained imperial and colonial regimes.
Description : A valuable work of colonial and women's writing, covering both life in Australian society and observations of nature.
Description : New South Wales is that rare political creation, a state founded for and upon the criminal law. The history of its criminal law from settlement to Federation is uniquely fascinating. Drawing on his range of experience as a university scholar, a criminal law QC and a judge, the author explains how Britain's criminal laws were established and developed in its (arguably) most successful colony. There are three themes:the horror and savagery of the criminal law transported to Australia and imposed there;the constitutional importance of basic criminal law rules requiring certainty of proof;the corrupt but necessary role of mercy in the administration of the law.There are several genuinely remarkable features of this book. One is that the author draws upon a vast body of material recently brought to light by Bruce Kercher in his massive disinterment of early colonial case law, to explain in detail the actual working of the New South Wales criminal courts.Another is that the core of the book is an analysis of New South Wales parliamentary debates between 1871 and 1883 on criminal law, illuminating the history of the law (and its future). Yet the most remarkable thing of all about this book is its rarity. In the many places where the British Empire imposed its laws, there are hundreds of universities and centres of legal study.Histories of the criminal law, or studies which can be so described, are rare or invisible. This admirable study will become a classic in its field, required reading by legal scholars, historians of colony and empire, and by astute legal practitioners making arguments for contemporary submissions or judgments.The second volume (Woods, 2018) continues the still-fascinating story from 1901 (when the colony became a state) through until mid-20th century, when the death penalty was effectively abolished.