Civil penalties : emphasising the adjective or the noun

Rees, Anne 2006, Civil penalties : emphasising the adjective or the noun, Australian business law review, vol. 34, no. 2, pp. 139-156.

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Title Civil penalties : emphasising the adjective or the noun
Author(s) Rees, Anne
Journal name Australian business law review
Volume number 34
Issue number 2
Start page 139
End page 156
Publisher Law Book Co.
Place of publication Sydney, N.S.W.
Publication date 2006
ISSN 0310-1053
Summary In this article the writer argues that recent civil penalty cases demonstrate that a hybrid third way is evolving where the procedure shares some of the features of criminal and civil proceedings. The writer notes the recommendation of the Australian Law Reform Commission that Federal Parliament enact a Regulatory Contraventions Statute of general application and argues that such a statute might assist to provide greater consistency and clarity. The writer notes the debate about whether the courts’ approach is in line with legislative intention, but argues that where there are substantive law protections such as the privilege against a penalty, Parliament must do more than merely refer to the “rules of evidence and procedure for civil matters” and must expressly abrogate these protections if they are not to be available to defendants in such hearings.
Language eng
Field of Research 180104 Civil Law and Procedure
HERDC Research category C1.1 Refereed article in a scholarly journal
ERA Research output type C Journal article
Copyright notice ©2006, Lawbrook Co.
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Document type: Journal Article
Collections: Faculty of Business and Law
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