*Please note that the links to the content in this Part will direct you to Westlaw AU.<\/p>\n
To purchase an article, please email:\u00c2\u00a0LTA.Service@thomsonreuters.com<\/a>\u00c2\u00a0or\u00c2\u00a0contact us on 1300 304 195\u00c2\u00a0(Australian customers) or +61 2 8587 7980\u00c2\u00a0(international customers) during business hours\u00c2\u00a0(Mon-Fri, 8am-6pm AEST).<\/p>\n The latest issue of the Public Law Review<\/em> (Volume 32 Part 4) contains the following material:<\/p>\n COMMENT<\/a> \u00e2\u20ac\u201c Editor: Dan Meagher<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n SPEECH<\/p>\n Communist Party Case: Core Themes and Legacy <\/strong><\/a>\u00e2\u20ac\u201c The Hon Justice Michelle Gordon AC<\/em><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n An Analysis of the Enforcement of Duties Owed by Public Sector Officials<\/strong><\/em><\/a> \u00e2\u20ac\u201c Benjamin B Saunders and David Lau<\/p>\n The purpose of this article is to assess the extent to which the duties applicable to public officials and directors of public sector entities have achieved their aim of strengthening public governance in Australia and bringing the applicable standards more closely in alignment with the standards prevailing in the corporate sector. We undertake an analysis of all cases in which a breach of a public sector duty was alleged, focusing on the duties owed by directors of government corporations and the duties owed by officials under public sector legislation. We found a very small number of cases in which a breach of the duties was alleged and only one case where a breach was made out. We conclude that the public governance duties do not significantly contribute to public sector governance.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n Cyberspace as a Place of Protest and the Constitutional Implied Freedom of Political Communication<\/strong><\/em><\/a> \u00e2\u20ac\u201c Dr Jacob Deem and Dr Alexandra McEwan<\/p>\n This article combines legal analysis with insights from legal geography and deliberative democracy scholarship to develop a perspective on cyberspace as a \u00e2\u20ac\u0153place\u00e2\u20ac\u009d in which protest occurs, exploring the consequences of cyberspace as \u00e2\u20ac\u0153place\u00e2\u20ac\u009d for the implied freedom of political communication. Recent amendments to the Criminal Code Act 1995 <\/em>(Cth) introducing \u00e2\u20ac\u0153ag-gag\u00e2\u20ac\u009d provisions and the decision in Commissioner of Police (NSW) v Gray <\/em>provide case studies to consider cyberspace as a \u00e2\u20ac\u0153place\u00e2\u20ac\u009d where political communication is regulated. As background, we consider the meaning of \u00e2\u20ac\u0153protest\u00e2\u20ac\u009d and examine how place functions in a physical protest in the context of recent High Court decisions. We focus on the Court\u00e2\u20ac\u2122s view that the place in which protest is held can be integral to the political communication itself, and then demonstrate that protests in cyberspace can fulfil similar functions. Thus, the internet can operate as a \u00e2\u20ac\u0153place\u00e2\u20ac\u009d at which protest, and political communication occur.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n The Significance of the Defence Force Discipline Appeal Tribunal: Analysis of Its Activity over Four Years<\/strong><\/em><\/a> \u00e2\u20ac\u201c Pauline Collins<\/p>\n The Defence Force Discipline Appeal Tribunal (DFDAT) is an administrative body, established under the Defence Force Discipline Appeals Act 1955 <\/em>(Cth). The Tribunal hears appeals from courts martial and Defence Force magistrate hearings for service offences by Australian Defence Force personnel under the Defence Force Discipline Act 1982 <\/em>(Cth). The Tribunal provides the highest-level \u00e2\u20ac\u0153appeal.\u00e2\u20ac\u009d The Full Court of the Federal Court of Australia can be accessed for questions of law. An appeal from the Federal Court\u00e2\u20ac\u2122s decision to the High Court requires special leave. Both types of appeal occur infrequently. Otherwise, the Tribunal\u00e2\u20ac\u2122s determination is final. Little academic interest in this specialised area provides minimal scrutiny of the decisions of the Tribunal. This article provides an overview of the type of matters heard in the last four years and the issues highlighted for military discipline. It reveals any current challenges for justice and the rights of military personnel.<\/p>\n Click here to access article on New Westlaw<\/a><\/p>\n DEVELOPMENTS<\/a><\/p>\n Click here to access on New Westlaw<\/a><\/p>\n For the PDF version of the table of contents, click here: Westlaw AU – PLR Vol 32 No 4 Contents<\/a> or here: New Westlaw AU \u00e2\u20ac\u201c PLR Vol 32 No 4 Contents<\/a>.<\/p>\n Click here to access this Part on Westlaw AU<\/a><\/p>\n Click here to access this Part on New Westlaw AU<\/a><\/p>\n\n
Articles<\/h3>\n