The Australian Legal Systems

The Australian Legal Systems The Australian legal system is based on a fundamental belief in the rule of law, justice and the independence of the judiciary. All people of Australia and non-Australians are treated equally before the law and safeguards exist to ensure that people are not treated arbitrarily or unfairly by governments or officials. Principles such as procedural fairness, judicial precedent and the separation of powers are fundamental to Australias legal system. The common law system, as developed in the United Kingdom, forms the basis of Australian jurisprudence. It is distinct from the civil law systems that operate in Europe, South America and Japan, which are derived from Roman law. Other countries that employ variations of the common law system are the United States, Canada, New Zealand, Malaysia and India. The chief feature of the common law system is that judges decisions in pending cases are informed by the decisions of previously settled cases. Consitution of Australia The United Kingdom passed the Commonwealth of Australian Constitution Act 1900. The significant of the Act was that it created a federal Commonwealth compraising the Commonwealth of Australia and the states. It also incorporated the constitution which came in to effect on January 1901. The Australian Constitution of 1901 established a federal system of government, under which powers are distributed between the federal government and the states Itdefined exclusive powers (investing the federal government with the exclusive power to make laws on matters such as trade and commerce, taxation, defence, external affairs, and immigration and citizenship) and concurrent powers (where both tiers of government are able to enact laws). Thestates and territories have independent legislative power in all matters not specifically assigned to the federal government. Where there is any inconsistency between federal and state or territory laws, federal laws prevail. Federal laws apply to the whole of Australia. Seperation of powers Governing Australia needs lots of power. The Constitution says that this power is divided between three groups of people so they can balance each other. Each group checks the power of the other two. This division of power stops one person or group of people taking over all the power to govern Australia. Legislative power means the power to make laws and is concentrated in the Parliament. Executive power means the power to implement laws and is given to the government. Judicial power gives the High Court power to decide whether laws are legal according to the Constitution. Division of Powers The law making powers which are not stated in the constitution as belonging to the commonwealth remains with the state .The powers are divided between the State Parliament and the Commonwealth parliament.There are some areas where both the commonwealth and the states have power to make laws these are concurrent powers,for example ,the taxation power. The state can however be excluded from these areas if their law are in consistant with those of the commonwealth. Some powers are stated to be exclusive to common wealth. These includes defence powers , the power to impose exercise and customs dudies , the currency, coin age and legal tender power and making of law for the government of a territory. The commonwealth is irestricted on areas for which it can make laws, the state can make laws on the commonwealth areas as long as they are with in the juristiction of the state,where a commonwealth has not been specifically given a power to legislate, then those remaining powers are exclusive to the states , for instance motor law , Criminal law and contract law. Most business law are made as state laws The Commonwealth Parliament The Parliament is at the very heart of the Australian national government. The Parliament consists of the Queen ,represented by the Governor General and two Houses (the Senate and the House of Representatives). These three elements make Australia a constitutional monarchy and parliamentary democracy. There are five important functions of parliament: to provide for the formation of a government; to legislate; to provide the funds needed for government; to provide a forum for popular representation; and to scrutinise the actions of government. The Governor-General The Governor-General is appointed by the Queen on the advice of the Prime Minister. The Governor-General performs a large number of functions which are defined by the Constitution, but fall roughly into three categories: constitutional and statutory duties, formal ceremonial duties, and non-ceremonial social duties. On virtually all matters, however, the Governor-General acts on the advice of the Ministry. The Senate The Senate has 76 Senators 12 are elected for each of the 6 states, and 2 each for the Australian Capital Territory and the Northern Territory. State Senators are elected for 6 year terms, territory Senators for 3 year terms. Historically, the Senate has been regarded as a States House: the States enjoy equal representation in the Senate, regardless of their population, and State matters are still important to Senators. The modern Senate is a very powerful Chamber. Bills cannot become law unless they are agreed to in the same terms by each House, except in the rare circumstances of a double dissolution followed by a joint sitting of both the houses The Senate has a highly developed committee system and Senators spend much of their time on committee work. The House of Representatives The House of Representatives has 150 Members each representing a separate electoral division. Members are elected for terms of up to 3 years. The most distinctive feature of the House is that the party or group with majority support in the House forms the Government. The accountability of the Government is illustrated every sitting day, especially during Question Time. Members have many other functions. They are involved in law making, committee work and in representing their electors. Executive Government The Prime Minister is appointed by the Governor-General, who by convention under the Constitution, must appoint the parliamentary leader of the party, or coalition of parties, which has a majority of seats in the House of Representatives. This majority party becomes the government and provides the ministers, all of whom must be members of Parliament. The Federal Executive Council, referred to in the Constitution, comprises all ministers, with the Governor-General presiding. Its principal functions are to receive ministerial advice and approve the signing of formal documents such as proclamations, regulations, ordinances and statutory appointments. Federal Judicature The Constitution provides for the establishment of the High Court of Australia and such other courts as Parliament may create. The judges of the High Court are appointed by the Governor-General in Council (acting on advice of the Federal Executive Council). The functions of the High Court are to interpret and apply the law of Australia; to decide cases of special federal significance including challenges to the constitutional validity of laws; and to hear appeals, by special leave, from Federal, State and Territory courts State and territory courts. Australian state and territory courts have jurisdiction in all matters brought under state or territory laws. They also handle some matters arising under federal laws, where jurisdiction has been conferred by the federal parliament. State and territory courts deal with most criminal matters, whether arising under federal, state or territory law.Each state and territory court system operates independently.

The End or The Journey

The road awards my future goal would be able to modify my personality. The Journey would allow myself to understand my personality even further. Also, the passage towards my future would grant myself the privilege of discovering who I am. I do not understand myself, but a part of the journey is discovering what your intentions, dreams, actions, paths are. The goal would still be at the end. However, the journey is a never-ending adventure. The initial goal would waiver with each action, decision, made. The future is full of different paths, experiencing the different paths would transform a person into a new being.A person is similar to a caterpillar, a transforming creature. The caterpillar changes from a helpless creature into a powerful butterfly and humans grow with each experience they encounter. For example, each day that goes by, science is evolving by the scientists who encounter new Ideas, experiments, and results. Each day passes with change from within. As a future is full of different paths, dreams are full of different results and mindsets. In the life Vive experienced so far, Vive been through many dreams and career paths, the journey towards my future is a never-ending experience.My first dream started as an artist during my elementary school days; that ended when I realized there were other people who were more talented in the arts. However, I continued to sketch as a hobby. My second career path was through history as an anthropologist; that career went down the drain because of money issues. My third dream was a preschool teacher. That dream began with my love for children and is still a possible career selection for my future. My fourth career choice Is a pedantically. Although the choice of continuing school for a long time will probably backfire on me, the desire to alp children has kept that dream alive.My fifth dream Is to be an accountant, my current dream. All the different dreams I've had over the years has set myself towards different results, but my ever-changing demeanor has confused my end result. The future Is unclear and the path Is cloudy, the end Is a mystery and the Journey Is a challenge. People will grow as they move forward. However, there Is no guarantee of growth at the end of the road. The obstacles before a challenger calls for mistakes and growth, not perfection. The end is perfection, but the trek towards he end is full of mistakes, errors, and progress.That is why I believe that the journey is greater than the goal. The End or The Journey By Cindy â€Å"The Journey is far greater than the inn. † I am a sixteen year old girl. As a child, there is a long Journey towards adulthood. There is the pleasure of the Journey taken and the Joy of the end. Some people may more impact on the person. During Journeys, there are obstacles that the Journeyer has to overcome. The road understand myself, but a part of the Journey is discovering what your intentions, dreams, actions, paths are. The goal wou ld still be at the end.However, the Journey is new ideas, experiments, and results. Each day passes with change from within. As a selection for my future. My fourth career choice is a petrifaction. Although the help children has kept that dream alive. My fifth dream is to be an accountant, my current dream. All the different dreams Vive had over the years has set myself result. The future is unclear and the path is cloudy, the end is a mystery and the journey is a challenge. People will grow as they move forward. However, there is no the end is full of mistakes, errors, and progress. That is why I believe that the Journey

Definition and Examples of Free Relative Clauses

In English grammar, a free relative clause is a type of relative clause (that is, a word group beginning with a wh-word) that contains the antecedent within itself. Also called a nominal relative clause, a  fused relative construction, an independent relative clause,  or (in traditional grammar) a noun clause. A free relative can refer to people or things, and it can function as a subject, a complement, or an object.Examples and Observations Nobody knows it, because nobody knows what really happened.(Donald E. Westlake, The Hook. Mysterious Press, 2000)We want to make sure that what were doing is really what we ought to be doing.(General Abrams in Vietnam Chronicles: The Abrams Tapes, 1968-1972, ed. by Lewis Sorley. Texas Tech University Press, 2004)You can say what you please. I burnt my English books and I didnt get a degree. All Im saying now, if Im allowed, is that Willie should get a degree.   (V.S. Naipaul, Half a Life. Alfred A. Knopf, 2001)A man wearing the uniform of the Military Police had stepped into the unit and was just turning toward where she was standing.  (Michael Palmer, The Fifth Vial. St. Martins Press, 2007)Look, Cynthia--you have a perfect right to disapprove. You go ahead and think whatever you want. Even if you want to be angry, then you be angry.   (Philip Roth, Letting Go. Random House, 1962)The way I hear it you can really put it away.Whoever told you that is a liar. Bledsoe straightened away from the rail, started toward the barn.  (Michael Joens, Blood Reins. Thomas Dunne Books, 2005) Antecedents in Free Relative Clauses The relative word in the nominal relative clause has no antecedent since the antecedent is fused with the relative: I found what (that which; the thing that) you were looking for; He says whatever (anything that) he likes. Because they are free of antecedents, such clauses are sometimes called independent or free relative clauses.  (Tom McArthur, Concise Oxford Companion to the English Language. Oxford University Press, 2005) A Headless Relative A relative clause which apparently lacks a head is called a free relative clause, also sometimes called a headless relative (though some argue that the head is present syntactically but phonologically empty, and hence that this is a misleading term).  (R.E. Asher and ‎J.M.Y. Simpson, The Encyclopedia of Language and Linguistics. Pergamon Press, 1994) Characteristics of Free Relative Clauses [The] free relative clauses . . . [are] italicised in: (117a) What you say is true(117b) I will go where you go(117c) I dont like how he behaved toward her They are characterised by the fact that the wh-pronoun what/where/how appears to be antecedentless, in that it doesnt refer back to any other constituent in the sentence. Moreover, the set of relative pronouns found in free relative clauses is slightly different from that found in restrictives or appositives: e.g. what and how can serve as free relative pronouns, but not as appositive or restrictive pronouns; and conversely, which can serve as a restrictive or appositive relative pronoun but not as a free relative pronoun.  (Andrew Radford, Analysing English Sentences: A Minimalist Approach. Cambridge University Press, 2009) Two Types of Free Relative Clauses: Definite and Indefinite The first type of free relative clause, the definite free relative clause, is introduced by a wh- word such as what, where, or when, as shown in (64). (64) Mark eats what he orders. . . . [V]erbs that are followed by definite free relatives beginning with what must be capable of being followed by nonhuman NPs. What Jim chose in (65a), a free relative, passes this test, as shown by (65b). (65a) Sally ordered what Jim chose.(65b) Sally ordered a hamburger/coffee/a piece of pie. Another test for definite free relatives is substituting that (thing) which for what, as shown in (66). (66) Sally ordered that (thing) which Jim chose. . . . The second type of free relative clause is an indefinite free relative clause, also called a conditional free relative clause because the words that introduce the clause (who(m)ever, whatever, whichever, whenever, and however) can be paraphrased with if, as show by (68a) and (68b), or regardless of, as shown by (68c) and (68d). (68a) Joan dances with whoever asks her to dance.(68b) If someone asks Joan to dance with him, she dances with him.(68c) Fred eats whatever Alice offers him.(68d) Regardless of whatever Alice offers Fred, he eats it. (Ron Cowan, The Teachers Grammar of English: A Course Book and Reference Guide. Cambridge University Press, 2008)

Emerging Healthcare Technology Presentation - 1353 Words

Emerging Healthcare Technology Presentation HIPAA: Protecting the Privacy of Patients How important is it for you to keep your medical records private? Many people dont realize how easily accessible their medical records are, or perhaps it is just assumed that what goes on between a doctor and a patient stays between a doctor and a patient. Well, you know what they say about assuming. In actuality, your medical records can probably be accessed by any employee at your doctors office. I work in the healthcare industry and have access to countless files. With a first and last name I can easily look up the results of your last labs, every emergency room visit or doctors consultation youve ever had,†¦show more content†¦Providers Responsibility One of the provisions of the HIPAA privacy regulations requires that healthcare providers present a â€Å"Notice of Privacy Practices† to patients. This notice allows patients to know what and how their PHI will be used and disclosed by a provider. The notice allows providers to use PHI for things such as: treatment, payment, hospital directories, and legal proceedings to name a few. For any other use the provider would need to obtain written authorization from the patient. Today, healthcare providers and health plans that conduct business electronically must use many different formats for electronic transactions. For example, about 400 different formats exist today for health care claims. With a national standard for electronic claims and other transactions, health care providers will be able to submit the same transaction to any health plan in the United States and the health plan must accept it. Health plans will be able to send standard electronic transactions such as remittance advices and referral authorizations to health care providers. These national standards will make electronic data interchange a viable and preferable alternative to paper processing for providers and health plans alike. 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