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Aborigines and Torres Strait Islanders 1.7 International Law

Updated by Associate Professor Megan Davis, Director, Indigenous Law Centre, Faculty of Law, University of New South Wales

International law as it applies to Aboriginal and Torres Strait Islanders is considered in this Subtitle. It begins with a consideration of the acceptance of customary international law within the Australian legal system. Cases discussed include Tofilau v The Queen (2007) 231 CLR 396; 81 ALJR 1688; 174 A Crim R 183; 238 ALR 650; [2007] HCA 39 and Kartinyeri v Commonwealth (Hindmarsh Island Bridge Case) (1998) 195 CLR 337; 72 ALJR 722; 152 ALR 540; [1998] HCA 22. Consideration is also given to the growing body of international law that relates specifically to indigenous peoples such as the Declaration on the Rights of Indigenous Peoples (2007) GA res 61/295, along with other United Nations conventions such as the Convention on the Prevention and Punishment of the Crime of Genocide (Genocide Convention) (1948) 78 UNTS 277; [1951] ATS 2.

Criminal Procedure 11.1 Criminal Investigation

Updated by Professor Mirko Bagaric, School of Law, Deakin University

This Subtitle deals with the criminal investigation powers of police and related government agencies. Topics addressed by this Subtitle include police powers of arrest, search and seizure and the use of search warrants, the questioning of suspects and admitting of evidence, and the use of electronic surveillance. Relatively recent case law, such as New South Wales v Corbett (2007) 230 CLR 606; 237 ALR 39; 81 ALJR 1368; 172 A Crim R 555; [2007] HCA 32, New South Wales v Kuru [2007] Aust Torts Reports 81-893; [2007] NSWCA 141, Slaveski v Victoria [2010] VSC 441 and South Australia v Totani (2010) 85 ALJR 19; [2010] HCA 39 are discussed in the context of police powers of arrest. New laws in relation to the use of electronic surveillance, and special police powers of entry to deal with domestic violence on private premises, are also discussed in this Subtitle.

Criminal Sentencing 12.2 Relevant Factors

Updated by Danielle Andrewartha, PhD Candidate and Research Associate, Faculty of Law, Monash University

This Subtitle is concerned with factors that are relevant to determining sentences for offences. This substantial update includes commentary on the area of mental disorders, discussing the influential case of R v Verdins (2007) 16 VR 269. Cases such as Veen v The Queen [No 1] (1979) 143 CLR 458 and Veen v The Queen [No 2] (1988) 164 CLR 465 are also discussed at length, as well as recent cases Knott v Moriarty [2010] WASC 36 and Leeder v The Queen [2010] VSCA 98. Cases regarding contrition and offenders pleading guilty, like Bright v Police (2008) 101 SASR 519, Morrison v The Queen (2009) 197 A Crim R 103, R v Borkowski (2009) 195 A Crim R 1 and Butters v The Queen [2010] NSWCCA 1 are also featured.

Health and Guardianship 20.12 Medical Technology, Ch 4 Reproductive Technology

Updated by Professor Belinda Bennett, Professor of Health and Medical Law, Faculty of Law, University of Sydney

The latest update to this Subtitle explores the law in relation to assisted reproductive technology/treatment (ART), including IVF, embryo transfers and artificial insemination. This Subtitle includes an examination of the ART legislation of the States and Territories and the role of the Ethical Guidelines on the Use of Assisted Reproductive Technology in Clinical Health and Research, as well as licensing and regulation requirements. Also explored is the law relating to surrogacy arrangements as it applies in the various Australian jurisdictions.

Labour Law 26.1 Individual Employment

Updated by Kathryn Peterson, Solicitor, Corrs Chambers Westgarth

This Subtitle deals with the complexity of laws underpinning the individual contract of employment. It addresses the issues of the formation of the employment contract and the rights and obligations arising under such a contract. It also discusses the implications of varying or terminating an individual contract of employment, and the remedies that may be sought for breach of such a contract. Recent legislation, such as the Australian Consumer Law which has been adopted in all States and Territories, is discussed in the context of conduct engaged in during the course of negotiating an individual contract of employment which is misleading or deceptive. The principal piece of legislation governing workplace relations in Australia, the Fair Work Act 2009 (Cth), is also analysed in considerable detail, particularly in the areas of formation of the contract of employment and conditions of employment. Recent case law, including Yousif v Commonwealth Bank of Australia (2010) 193 IR 212; [2010] FCAFC 8, Russell v Trustees of Roman Catholic Church of Archdiocese of Sydney (2008) 72 NSWLR 559; 176 IR 82; [2008] NSWCA 217 and University of Western Australia v Gray [No 20] (2008) 246 ALR 603; 76 IPR 222; [2008] FCA 49 are discussed in relation to the rights and duties of parties to an individual contract of employment.

Forthcoming updates

The following subtitles are scheduled for updating in the next month:

• Communications 6.3 “Injurious Falsehood” and 6.7 “Radiocommunications”
• Criminal Procedure 11.6 “Pre-trial Procedure”
• Criminal Sentencing 12.13 “Sentencing Procedure”
• Interpretation 25.2 “International Law”
• Intellectual Property 23.3 “Circuit Layouts”

For a complete list of forthcoming updates, visit The Laws of Australia homepage.

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