This paper explores the different approaches to juvenile justice across Australian jurisdictions, and examines whether or not Australia is compliant with international standards. Compliance is assessed according to three principles: the use of imprisonment and detention as a last resort, the...

The Australian Competition and Consumer Commission’s Immunity Policy for Cartel Conduct is seen as a vital tool in detecting, stopping, prosecuting and deterring cartel conduct. In May 2013 the ACCC announced that it is conducting a review of the policy. The review is significant because,...

The increasingly popular practice of pre-employment checking for criminal convictions is an issue of concern given the large number of individuals who have some form of criminal record. This article provides an overview and comparison of Australian and New Zealand anti-discrimination, privacy...

This survey has been undertaken in connection with a research project (The Cartel Project) that investigates various aspects of the criminalisation of cartel conduct in Australia. In section 1 of the Report we set out the background to cartel criminalisation in Australia (section 1.1) and...

In 1997, Australia implemented a gun buyback program that reduced the stock of firearms by around one-fifth. Using differences across states in the number of firearms withdrawn, we test whether the reduction in firearms availability affected firearm homicide and suicide rates. We find that the...

In 1997, Australia implemented a gun buyback program that reduced the stock of firearms by around one-fifth. Using differences across states in the number of firearms withdrawn, we test whether the reduction in firearms availability affected firearm homicide and suicide rates. We find that the...

A significant line of authority currently prohibits the consideration of family victim impact statements in NSW homicide cases. R v Previtera (1997) 94 A Crim R 76 makes this prohibition on the basis that family statements jeopardise a court's objectivity by according greater value to the life...

Purpose: The purpose of this paper is to examine the scope of the legal responses to bribery and particularly foreign bribery in the global context. It identifies the corrosive effect of bribery and its negative effect on the economy, before turning to Australia's mixed response to foreign...

These two papers look at recent decisions and controversies surrounding the counterfactual test under s 36 of the New Zealand Commerce Act 1986, and s46 of the Australian Competition and Consumer Act 2010 respectively. In 2010 the New Zealand Supreme Court in 0867 affirmed the counterfactual as...

Where a victim dies as a result of an offence, a family victim impact statement may be tendered detailing the trauma occasioned to that family member. All states except NSW allow such statements to be considered during sentencing. Currently, NSW excludes the consideration of family statements on...