Taxation in Australia

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Land and Property Taxation in Australia, New Zealand and Papua New Guinea

Australia

The main functions of local government in Australia are to provide and maintain roads, street lighting, rubbish collection and disposal, maternal and child health care centers, libraries, and recreational facilities. It may also subsidize certain educational and counseling services, although education is not regarded as primarily a local responsibility. Nor is public security. Some local functions are supported, not through property taxation, but through user charges.

Some Australian municipalities were rating on unimproved land values as early as the 1850s. But as a result of the impact of Henry Georges writings, single-tax leagues, as they were often called, began proliferating about 180. The concept was spread by such able and energetic advocates as Max Hirsch, who abandoned a successful career in commerce in order to do so. Georges three-month speaking tour in Australia in 185 accelerated this trend. Its growth was halted by the outbreak of World War I, and from then on, exacerbated no doubt by the welfare state, a decline in the number and membership of the leagues set in.Almost from the beginning, some land value capture for public benefit in Australia has been obtained through the leasing out of Crown lands.

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A graduated federal land tax was introduced in 110, with the stated intention of breaking up the large estates. The first [pound]5,000 of unimproved value was exempt, and the rates were low except for very large estates, the owners of which frequently escaped the tax by nominally subdividing them among family members.. As mentioned above, it was abolished in 15.

State land taxes were introduced into the six states in the following order South Australia, 1884; New South Wales, 185; Tasmania, 107; Western Australia, 107; Victoria, 110; and Queensland, 115. They vary considerably, apply only to certain properties, and suffer from serious administrative defects.

By far the most important are the local land taxes or site value rates. All six states permit their adoption by local option; Tasmania is the only one in which no jurisdiction has availed itself of this choice, although strong efforts have been made there to promote it. Its use began in New South Wales and Queensland in 180, and is universal in both states; in Western Australia it began in 10, and is predominant there. In South Australia and Victoria net annual value rating is predominant, but site value rating has existed in the former since 18 and in the latter since 11.

New Zealand

Historically, New Zealand was long known for its advanced social legislation. It pioneered female suffrage, and was among the first countries to adopt social security, old age pensions, and universal health care. A measure of land-value taxation was introduced even before the publication of Henry Georges Progress and Poverty in 187.

New Zealands export production provides jobs for only about 10 percent of its workforce, yet full employment has long been an overriding political goal. In seeking to achieve this goal, successive governments up until the mid-180s subsidized inefficient industries, restricted imports, and maintained a vast corps of public servants. They also progressively increased expenditure on welfare. These policies, together with compulsory union membership and mandatory arbitration of labor-management disputes, helped to insulate the economy from market discipline, and kept wages artificially high. All this was accompanied by a degree of state regulation unparalleled in most other Western economies. (Massey 7) The mix of inefficient subsidized enterprises, non-market-oriented capital investment, union monopoly, cumbersome over-regulation, and a safety net so high as to discourage initiative for work and training, helped to produce an ill-prepared, poorly motivated labor force and a low rate of per capita economic output. (Massey 45)

For some three decades after World War II, this program, initiated by Labour but continued and expanded by the National (Conservative) Muldoon government, seemed to work New Zealand enjoyed one of the highest living standards on earth. As long as tax revenue from exports fueled government spending, the illusion of prosperity could be sustained. But eventually, with the development of synthetic fibers to compete with wool, the rise of West Germany and Japan as economic superpowers, the erection of European Common Market barriers against New Zealand exports followed by Britains decision to join the Common Market, the oil shocks of 17 and 17, etc., the terms of trade turned against New Zealand. For a while, the government was able to stave off the inevitable by overseas borrowing, but only for a while. From having been one of the three or four richest countries in the world in the early 150s, New Zealand moved to about 0th in international rankings by the end of the 170s. (Douglas ) Moreover, by 181, inflation had reached 17 percent.

Land-value taxation, in the form of rating at the local government level, counteracted these tendencies to a minor extent, providing a degree of stimulation especially in the building industry. But although successful as far as it went, it did not collect enough of the economic rent or account for a large enough share of the total budget to constitute anything like a decisive factor in the economy. Furthermore, it is doubtful that even full rating of land values, coupled with the complete lifting of rating on improvements, could have in themselves prevailed against such massive forces for stagnation.

For over 150 years, land values in New Zealand have been collected for public purposes in three main ways (1) by the sale and lease of Crown land, () from a national land tax, and () from land-value rates for local government. This record shows that the tax technique, however commendable in many ways, has significant practical limitations as well as being susceptible locally to administrative problems that, if not successfully addressed, are eagerly used against it; and that the principle and technique of institutionalized leases may be extended to include infrastructural monopolies, and thence more widely to land itself.

Papua New Guinea

Papua New Guineas adoption of site-value property taxation (or rating as it is called there) had its origin in Australias pre-independence administration, and the proximity of Australia to PNG. The influence of Australian law and practices was especially pronounced on visiting PNG scholars and researchers.

Property taxation is levied on land owned in freehold title, and is based on the unimproved value of each parcel of taxable land. Values are determined by a government-appointed valuer general. His values can be appealed against.

Ground improvements relate to those improvements made to land for its better use and/or development such as the felling and clearing away of trees or native shrubs; the removal or leveling of stone which exists naturally on land; and the leveling or filling of land. The definition of the Ground Improvement Allowance puts a 15 year time limit within which the allowance can be enjoyed after the works have been completed, or earlier if the land is sold or passes out of the ownership of the owner or owners who originally carried out the improvement works. It can be inferred that this time limit has been applied by the PNG legislators in the belief that this is a sufficiently long period during which those who carried out the works might obtain adequate recompense for their expenditure.

However, the definition further adds that the sum so to be deducted shall not exceed the estimated increase which the expenditure has made to the value of the land as at the date of valuation. For example, if the expenditure is considered to have been either totally or partially of an unwise or improvident nature and therefore not responsible for a like increase in the value of the land then the allowance is to be adjusted accordingly.

The unimproved value as defined follows closely those applicable in most of the Australian states and in New Zealand. In consequence, there is a considerable volume of Australian and New Zealand case law further refining the definition of unimproved value.

One of the basic aims of the property taxation system as applicable in PNG is to raise revenue as based solely on the value of land, and not intermingled with the value of any improvements on the land. Nevertheless, where many small houses tend to spring up within or adjacent to serviced urban land (squatter colonies as they are often called, usually built on customary tribal or government land in respect of which there is little prospect of gaining permanent ownership) then legislation provides that property taxation may be levied on the value of such buildings. However, four conditions restrict this power.

The first of these requires that the building has been registered, and has thus some official standing. The second is that it must be occupied by a person other than of the state, or an authority or instrumentality thereof.

A third, quite important, provision is that the tax as based on the value of the building cannot be more than if based on the unimproved value of the land on which the building stands. A final provision is that the tax can only be applied if the building is within an urban area, and thus has some access to urban-type services such as water and electricity. Hence, this excludes from any application of the tax the thousands of village houses, (many erected at or near mountain tops) all over PNG, because they are not within an urban area.

The revenue derived from property taxation is regarded as an important contribution to local government revenues.

A tax regime similar in concept to that for mining, but using different rates of tax and threshold rates of return, has been developed for petroleum. While the remaining paragraphs describe major features of the regimes for mining and petroleum taxation at the end of 1, the present author has no reason to believe that they have ceased to be current as of this writing (March, 000).

For both mining and petroleum, a royalty of percent of the value of net smelter value or well head value applies. Royalties are distributed to provincial governments, local level governments, and project landowners. The apportionment of royalties is determined by a development agreement between these parties, or, in the absence of an agreement, on a basis decided by the national minister for mines or the minister for petroleum.

In addition, the national government provides special support grants to provincial governments to assist with provision of infrastructure in areas where major mining projects occur. These grants are based, not on a fixed percentage of mineral revenue, but on annual budget allocations, which are negotiated between the national government and relevant provincial governments. There are no special support grants for petroleum or gas projects. Instead, project developers pay a development levy of percent of the well head value of all petroleum produced from a license area directly to the affected provincial government or governments.

An unusual aspect of PNGs tax system as in comparison with that of Australia and New Zealand is the concept of Prescribed Infrastructure Development. Mining and petroleum companies can devote a portion of the money they would have paid in company tax (currently percent of their assessable income for tax purposes) to infrastructure projects (such as schools, hospitals or roads) designed to benefit residents of the areas in which the companies benefit. (Pollard 81) The selection of infrastructure projects involves representatives from village groups, local level governments, provincial governments, the national government, and the mining or petroleum companies. From the companies point of view, the advantage of this provision is that it allows local people to derive additional benefits from their operations. From the PNG governments point of view, a significant benefit is that mining or petroleum companies can use the expertise they have available to assist in carrying out the infrastructure projects. This reduces the overall cost of projects to the government, and increases the likelihood that tax revenues devoted to infrastructure provision will be utilized efficiently.

Bibliography

Rolland ORegan, New Zealand in H.G. Brown et al., eds., LandValue Taxation Around the World (1st edition; New York Robert Schalkenbach Foundation, 155), p. 7.

Patrick Massey, New Zealand Market Liberalization in a Developed Economy (New York St. Martins Press, 1).

Pollard, S. 1. "Pacific Economic Policy To Invest or to Protect." Pacific Economic Bulletin 10() 77�84.

Organization for Economic Cooperation and Development (OECD), OECD Economic Survey New Zealand (Paris OECD, 18), p. 8.

Roger O. Douglas, Unfinished Business (Auckland Random House, 1), p. 10.

Schoeffel, P. 18. Myths of Community Management Sustainability, the State and Rural Development in Papua New Guinea, Solomon Islands and Vanuatu. Discussion Paper 7/8, Research School of Pacific and Asian Studies. Canberra Australian National University.

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The Alchemist

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This article, written by Peggy Grant, described to us how hard a foreigner's life can be. A Japanese immigrant named Emiko gathered in enough courage to ask her Canadian neighbor to teach her some English so she can pass the test to receive her Canadian citizenship. Her Canadian neighbor was Peggy and every morning for six months, Emiko and Peggy studied, laughed and spent the quality time together. On the exam day, with Peggy's help, she passed the test after two consecutive tries and received her much wanted Canadian citizenship.

Picture yourself from another country, working jobs and trying to feed and care for your two children. I admire the amount of courage she had to walk up to a neighbor that she barely knew, and ask her for some help on speaking English. This relates to all the other immigrants that are having trouble passing the test for a Canadian citizenship. I hope they get to read this article because it well help them build up the courage to ask a neighbor for help. I remember when I was 4 years old and starting school. I had no English background because my parents spoke Chinese to me. I didn't have courage to ask my teacher for help or talk to other kids and I had no friends except for my cousin. This is exactly how the immigrants feel and I hope they build enough courage to ask and express there feelings.

Now, this article makes me want to help other immigrants and teach them English because most of them are so nice and hard working. I think that Emiko will help out country because she has this Canadian status and if we bring in more immigrants it'll up our economy. What do you think about these immigrants? Do you think they will help our economy and help our country as a whole? I feel that they will and they'll bring in more education from different country like America is doing to us. Now, when I see people from other country's that are having difficult with speaking English I will try my best to help them out. I understand some of them have great difficult in asking a stranger to help them with English because they stereotype that all people in Canada are the one's that they had bad experiences with. I will try to walk towards them and help them out to help me become a better person. In Conclusion, I feel immigrants do have a tough time and it's our job to make them feel at home and help them on what they need.

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Active australia

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Homework Assignment-Core Better Health for Individuals

1. Outline the factors which impact on individual behaviour.

The factors that impact on individual behaviour are exercise, diet, stress management, health assessments, relationships, drug use, physical fitness, weight control, disease susceptibility, environmental sensitivity and sexuality.

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. Which aspects of health can individuals exert some control over? Describe how this can be done.

Individuals can exert some control over their dietary intake, by making choices about the amount and type of food they eat. They also can have control over what type of exercise and physical activity they do each day.

· Predisposing factors- Those that you bring to the situation, for example your current level of fitness and the value you place on fitness.

· Enabling factors- Those that make it easier or harder to follow behaviour patterns or to change, for example the availability of fitness facilities.

· Reinforcing factors- Those people who support you in making or sticking to a decision to change, for example peer and family.

. Is there something that you do which you know you should change to improve your health? How did you learn that behaviour? List the major difficulties you face in changing your behaviour.

As an elite athlete at state level my health is well balanced. I eat the correct foods and do the required amount of exercise, therefore at the moment there is nothing that needs to be changed. Although last year our coach wanted to us to be more

aware of what we ate, to make sure all players were eating healthy. How this was done is shown in question 4. A difficulty I faced was that at the time I was boarding with four other people and we had to compromise on what food we bought and ate for dinner.

4. Develop a step-by-step plan you could undertake to change that behaviour.

· I wrote out what I ate each day for days including a weekend day. I had to include everything from the brand of products to quantity used.

· I returned the list to my coach and he circled the food in which is unhealthy and should only be eaten in moderations or cut out that food from my diet.

· I evaluated the results and made progress by choosing supplements.

5. How can the action areas of the Ottawa Charter help us to achieve better personal health?

It allows us to have the choice of eating healthy, working in a healthy environment and environmental activities providing people with skills to improve their health.

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Friends helping Friends

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FRIENDS HELPING FRIENDS

Being a good counselor and helping other people with their problems is not as easy as it might seem. You have to obtain and use special techniques to interact with such people. There are many "Pitfalls on the path to helping others," just as the book "Friends Helping Friends," written by Carol Painter explains in the first chapter. There are certain skills that you, your self must master before helping others and in the second chapter Painter mentions one of the biggest skill to master, Attending skill.

The book so far is very interesting because it tells you how to make your self a better person by getting rid of the pitfalls in thinking of as being your own best friend, selfishness, responsibility, feelings, accepting "faces" people wear, seeing "problems" as problems...etc. Even thought this book is a manual for peer counselors, I believe that it is also a guide on how to make your self a better person. The first chapter tells you how some times selfishness is even a good thing, how you should take responsibility for the actions you choose, recognizing peoples true self and looking past there so called "Masks," and you should never give advice, because a good counselor is there to listen to a person not give them advice. You help a person narrow down their choices of possible solutions to a problem they have and they choose the right one...not you!

The second chapter is about attending skills. Attending skills do not come important only in counseling some one but also in every day conversations with your friends. Just like the book says " A listener plays an important part in a conversation." If your not paying attention to some one, no one will come to you for help or even a simple conversation. When you are using your attending skills during a conversation your are nodding your head, repeating what the other person says and say "um-hmm" once in a while. Even if you don't want to listen to some one you can use these skills and make them feel like you are listening to them. However the smart thing is just to listen to them attentively because they feel helped at the end and you feel like you did a great deed too.

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REAL MEN

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Real Men

A father is a man who is part of the creation of a child and a man who raises that child since birth. Many men will initiate the steps of fatherhood and nine months later will fail to complete those steps. There are many house holds in the United States that consists of single mothers. Fathers of today's society tend to give up on the whole family and walk out. David Blankenhorn, author of Life Without Father, states in his essay "The 0's child must say My father left me permanently because he wanted to." Society is filled with fatherless children. Real men go by their responsibilities and do not give up on the family to leave the mother on her own.

To be a man, a man has to have courage, responsibility and self trust. The courage comes up when it is time to face a serious incident that can mean life or death. Courage is also needed to face and walk the steps of fatherhood. Throughout fatherhood, a man needs to be responsible about his child's mother and most of all, the child itself. The father needs to help cook and clean while the mother is taking care of the children. Real men do not hesitate to alternate positions with the mother. Many men most likely do not trust themselves with children. Men probably think "I don't think I can do take care of a child." When the unreal men think about it a lot they open the door and leave. Real men abide by all three characteristics and are great fathers.

Our children will be whatever the parents raise them to be. Most parents follow their culture and raise their children exactly how they were raised. Modern parents create their own way of raising their children and put the culture aside. If a child is taught to have good manners, respect others and to be responsible then that child will grow up to be a well educated and respectful person. Fathers tend to be in charge of teaching their children these lessons of life because a father is the man of the house. A father is more intimidating then a mother so the children will listen more to their father than their mother.

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Finally, if everyone raises their children properly then society will not be half as bad. The young boys will grow up to be loving fathers who take care of the wife and kids with no problems. David Blankenhorn's essay is pretty bias with the fact of putting many fathers down and not showing the pros and cons of fathers. In conclusion, fathers are not the same as before. Many more children are left without fathers in the U.S. everyday. It is all about culture and how one was raised.

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Legal System 2003

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The Legal System 00

In Australia each of the Federal and State systems incorporates the three arms of government legislative, executive and judicial. The High Court of Australia, however, is the final court of appeal in respect of all matters, whether decided in Federal or State jurisdictions, and the Federal Parliament is empowered under the Constitution to invest State courts with Federal jurisdiction.

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State Courts can hear both civil and criminal cases, which may in turn be heard before a magistrate or judge, with or without a jury

Each state has its own court system to administer state laws. As well, because we have a federal system of government, there are several federal courts to administer federal laws. Some of the federal courts also hear appeals from state courts. And some State courts have jurisdiction over some federal laws. The highest court in Australia is a federal court - the High Court of Australia.

Australian State and Territory courts have original jurisdiction in all matters brought under State or Territory laws, and in matters arising under federal laws, where jurisdiction has been conferred on the courts by the Commonwealth Parliament. Most criminal matters, whether arising under Commonwealth, State or Territory law, are dealt with by State or Territory courts.

The Local Court of New South Wales hears matters of both criminal and civil nature. Local Courts in New South Wales have jurisdiction to deal with

• the vast majority of criminal and summary prosecutions,

• civil matters with a monetary value of up to $40,000,

• committal hearings,

• family law matters,

• child care proceedings,

• juvenile prosecutions and care matters, and

• coronial inquiries.

All criminal matters begin in the Local Court. The majority are summary offences and is dealt with at this level. In addition, most civil law matters are also dealt with by the Local court.

Having the Local Court deal with matters saves time and expense. Juries are not used, which reduces court costs, and the less formal nature of the court allows the parties to be represented by solicitors rather than the more expensive barristers.

The New South Wales courts of summary jurisdiction are presided over by a Magistrate and deal with most of the ordinary (summary) offences, such as traffic infringements, minor assaults and street offences.

Magistrates also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

In most jurisdictions, these courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against a company, as well as certain maintenance, custody and property disputes under jurisdiction conferred by the Family Law Act.

Crimes can be broken into major categories summary offences and indictable offences. A summary offence is one of lesser nature, such as shoplifting or non-payment of fines. It is heard before a magistrate in a Local Court. This is known as hearing the case summarily. An indictable offence is of more serious nature and is tried by a judge and jury in the District Court; more serious indictable offences will be heard in the Supreme Court.

Local Courts CIVIL CASES CRIMINAL CASES

- Claims up to $40 000

- Small Claims Division up to $000 - Summary Offences

- Indictable offences heard summarily

- Committal proceedings (magistrate)

The Local courts of summary jurisdiction are presided over by a Magistrate and deal with most of the ordinary (summary) offences, such as traffic infringements, minor assaults and street offences.

Magistrates also conduct committal proceedings in respect of the more serious offences to determine whether there is a prima facie case to be determined by a Judge and jury, either in an intermediate court or a Supreme Court. Juries are not used in courts of summary jurisdiction.

In most jurisdictions, these courts also deal with civil litigation for debt recovery, smaller claims by one citizen against another or against a company, as well as certain maintenance, custody and property disputes under jurisdiction conferred by the Family Law Act.

District Court of New South Wales

Jurisdiction

The District Court is the intermediate Court in New South Wales and deals with

Criminal cases

The District Court handles most of the serious criminal cases that come before the courts in New South Wales. It has responsibility for indictable criminal offences, that is, serious criminal offences which are normally heard by a Judge and Jury but on occasions by a Judge alone.

The District Court does not deal with treason, piracy and murder.

Civil cases

In general, the District Court also handles civil cases where the amount being claimed is up to $750,000. The Court can deal with cases where larger amounts are involved if the parties to the case agree. The court can also deal with certain types of equitable claims or demands for recovery of money or damages to a maximum amount of $750,000. The court has an unlimited jurisdiction in claims for damages for personal injuries arising out of a motor vehicle accident. The Court also deals with cases under a number of Acts of Parliament such as the Property Relationships Act, The Family Provision Act and the Testators Family Maintenance and Guardianship of Infants Act.

Registry Services

The District Court Registry administers the sitting of the District Court and provides clients of the Court with registry services. These services include

• processing documents for civil and criminal proceedings,

• providing information on procedures for the Courts jurisdiction,

• maintaining and managing court records, and

• providing information and facilities for some alternative dispute resolution.

Publications

The District Court produces an Annual Review, which outlines the Courts performance and achievements over the calendar year.

A Strategic Plan has also been published by the Court. This plan sets out the goals of the court and the priorities for the future.

Introduction to the Federal Magistrates Service

The Federal Magistrates Service was established by the Commonwealth Parliament at the end of 1.

The service is established by the Federal Magistrates Act 1.

The service is an independent federal court under the Australian Constitution. When sitting as a court the Federal Magistrates Service uses the name Federal Magistrates Court of Australia. The establishment of the Federal Magistrates Service marked a change in direction in the administration of justice at the federal level in Australia. Australia had not previously had a lower level federal court although a considerable amount of federal law work had been done in state and territory courts of summary jurisdiction under the provisions of the Judiciary Act.

The jurisdiction of the Federal Magistrates Service includes family law and child support, administrative law, bankruptcy, unlawful discrimination, consumer protection law and privacy law. The service shares those jurisdictions with the Family Court of Australia and the Federal Court of Australia. Some work in those jurisdictions will continue to be done in state courts also.

The service is responsible for administering its own affairs and in the management of those affairs the Chief Federal Magistrate is assisted by the Chief Executive Officer. Although the legislation to establish the service was passed at the end of December 1, the Chief Federal Magistrate and the Chief Executive Officer were not appointed until February and March 000 and the first federal magistrates were appointed in June 000. The first sittings of the Federal Magistrates Service were on July 000 in Adelaide, Melbourne, Newcastle, Brisbane, Townsville, and Parramatta. The Federal Magistrates Service now also sits in Canberra, Launceston and Sydney with regular circuit sitting to a number of metropolitan and regional centres including Darwin and Dandenong.

The Federal Magistrates Service was established to provide a simpler and accessible service for litigants and to ease the workload of both the Family Court of Australia and the Federal Court of Australia. When the service has been fully established the Family Court of Australia and the Federal Court of Australia will focus on the more complex matters. While there is no strict indicator of complexity, a general guide is that less complex matters will require less than days court hearing time.

The establishment of the Federal Magistrates Service complemented the federal governments initiatives aimed at encouraging people to resolve disputes through primary dispute resolution. The service will be able to call on a range of means to resolve disputes and there will be no automatic assumption that every matter will end in a contested hearing. The use of conciliation counselling and mediation will be strongly encouraged in appropriate cases. The service will use community based counselling and mediation services as well as the existing counselling and mediation services of the Family and Federal Courts, providing as wide as possible choice for clients of the service.

The service shares its jurisdiction with the Federal Court of Australia and the Family Court of Australia. There are arrangements in the legislation for the transfer of matters between the courts. The arrangements enable a matter to be transferred to the court that is the most appropriate having regard to the complexity of the legal issues involved or the evidence in the matter.

FEDERAL COURT OF AUSTRALIA

ABOUT THE COURT

Court Administration

The Federal Court of Australia, created by the Federal Court of Australia Act 176, began to exercise its jurisdiction on 1 February 177. It assumed jurisdiction formerly exercised in part by the High Court of Australia and the whole of the jurisdiction of the Australian Industrial Court and of the Federal Court of Bankruptcy.

The Court is a superior court of record and a court of law and equity. It sits in all capital cities in Australia and elsewhere in Australia from time to time.

The Courts original jurisdiction is conferred by over 150 statutes of the Australian Parliament.

The Court exercises appellate jurisdiction over decisions of single judges of the Court, decisions of the Supreme Court of Norfolk Island, decisions of the Federal Magistrates Service in non-family law matters and certain decisions of Australian State Supreme Courts exercising federal jurisdiction.

The Chief Justice is responsible for managing the administrative affairs of the Court. The Chief Justice may delegate any of his administrative powers to judges. The Registrar may assist the Chief Justice by exercising powers on his behalf in relation to the Courts administrative affairs.

Mr. Warwick Soden is the Registrar of the Court. The Registrar is appointed by the Governor-General on the nomination of the Chief Justice. The Registrar has the same powers as the head of a Statutory Agency of the Australian Public Service in respect of the officers and staff of the Court employed under the Public Service Act 1.

The administration of the Court is assisted by committees of judges, which include the following committees

• Admiralty

• Assisted dispute resolution

• Audit

• Bankruptcy

• Corporations

• Equality and the law

• Federal Court Reports

• Finance

• Information technology

• Judicial education

• Library

• Management of appeals

• Native title coordination

• Practice and procedure

• Rules

• Security

• Transcript

Each committee is supported by staff of the Court and its role is defined by its terms of reference.

The officers and staff of the Court (other than the Registrar and some Deputy Sheriffs) are appointed or employed under the Public Service Act. On June 0 00 there were 81 persons employed Australia-wide as registry staff or as judges personal staff. Generally, judges have two personal staff members.

As a consquence of the Workplace Relations and other Legislation Amendment Act 16, the jurisdiction of the Industrial Relations Court of Australia was transferred to other Courts, mainly the Federal Court of Australia. On 5 May 17 the staff and resources of the Industrial Relations Court of Australia were transferred to the Federal Court of Australia.

The Court provides operational support to the Australian Competition Tribunal, Copyright Tribunal, Defence Force Discipline Appeal Tribunal and Federal Police Disciplinary Tribunal. This support includes the providion of registry services to accept and process documents for tribunal proceedings, collect tribunal fees (where payable), list matters for hearing, and to otherwise assist in the management and determination of proceedings.

• Australian Competition Tribunal

• Copyright Tribunal

• Defence Force Discipline Appeal Tribunal

• Federal Police Disciplinary Tribunal

The Registrars of the Tribunals, the Deputy Registrars and staff who assist in the tribunals' management are generally officers employed within the Federal Court of Australia.

Inquiries concerning the Tribunals may be made to the Registrar of the particular tribunal care of any Registry of the Federal Court of Australia.

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Business ethics

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From a business perspective, working under government contracts can be a very lucrative proposition. In general, a stream of orders keep coming in, revenue increases and the company grows in the aggregate. The obvious downfalls to working in this manner is both higher quality expected as well as the extensive research and documentation required for government contracts. If a part fails to perform correctly it can cause minor glitches as well as problems that can carry serious repercussions, such as in the National Semiconductor case. When both the culpable component and company are found, the question arises of how extensive these repercussions should be. Is the company as an entity liable or do you look into individual employees within that company? From an ethical perspective one would have to look at the mitigating factors of both the employees and their superiors along with the role of others in the failure of these components. Next you would have to analyze the final ruling from a corporate perspective and then we must examine the macro issue of corporate responsibility in order to attempt to find a resolution for cases like these.

The first mitigating factor involved in the National Semiconductor case is the uncertainty, on the part of the employees, on the duties that they were assigned. It is plausible that during the testing procedure, an employee couldnt distinguish which parts they were to test under government standards and commercial standards. In some cases they might have even been misinformed on the final consumers of the products that they tested. In fact, ignorance on the part of the employees would fully excuse them from any moral responsibility for any damage that may result from their work. Whether it is decided that an employees is fully excused, or is given some moral responsibility, would have to be looked at on an individual basis.

The second mitigating factor is the duress or threats that an employee might suffer if they do not follow through with their assignment. After the bogus testing was completed in the National Semiconductor labs, the documentation department also had to falsify documents stating that the parts had surpassed the governmental testing standards. From a legal and ethical standpoint, both the testers and the writers of the reports were merely acting as agents on direct orders from a superior. This was also the case when the plant in Singapore refused to falsify the documents and were later falsified by the employees at the have California plant before being submitted to the approval committees (Velazquez, 5). The writers of the reports were well aware of the situation yet they acted in this manner on the instruction of a supervisor. Acting in an ethical manner becomes a secondary priority in this type of environment. As stated by Alan Reder, . . . if they [the employees] feel they will suffer retribution, if they report a problem, they arent too likely to open their mouths. (11). The workers knew that if the reports were not falsified they would come under questioning and perhaps their employment would go into jeopardy. Although working under these conditions does not fully excuse an employees from moral fault, it does start the divulging process for determining the order of the chain of command of superiors and it helps to narrow down the person or department that issued the original request for the unethical acts.

The third mitigating factor is one that perhaps encompasses the majority of the employees in the National Semiconductor case. We have to balance the direct involvement that each employee had with the defective parts. Thus, it has to be made clear that many of the employees did not have a direct duty with the testing departments or with the parts that eventually failed. Even employees, or sub-contractors, that were directly involved with the production were not aware of the incompetence on the part of the testing department. For example, the electrical engineer that designed the defective computer chip could act in good faith that it would be tested to ensure that it did indeed meet the required government endurance tests. Also, for the employees that handled the part after the testing process, they were dealing with what they believed to be a component that met every governmental standard. If it was not tested properly, and did eventually fail, isnt the testing department more morally responsible than the designer or the assembly line worker that was in charge of installing the chip? Plus, in large corporations there may be several testing departments and is some cases one may be held more responsible than another depending on their involvement. A process like this can serve the dual purpose of finding irresponsible employees as well as those that are morally excused. Custom Essays on business ethics

The fourth mitigating factor in cases of this nature is the gauging of the seriousness of the fault or error caused by this product. Since National Semiconductor was repeatedly being reinstated to the listed of approved government contractors, one can safely assume that the level of seriousness, in the opinion of For the contractor approval committees, is not of monumental importance. Yet one has to wonder how this case would have been different if the lack of testing did cause the loss of life in either a domestic or foreign military setting. Perhaps the repercussions would have come faster much more stringent. The fact that National Semiconductor did not cause a death does not make them a safe company. They are still to be held responsible for any errors that their products cause, no matter the magnitude.

As for the opposition to the delegating of moral responsibility, mitigating factors and excusing factors, they would argue that the entity of the corporation as a whole should be held responsible. The executives within a corporation should not be forced to bring out all of the employees responsible into a public forum. A company should be reprimanded and be left alone to carry out its own internal investigation and repercussions. From a business law perspective this is the ideal case since a corporation is defined as being a separate legal entity. Furthermore, the opposition would argue that this resolution would benefit both the company and the government since it would not inconvenience either party. The original resolution in the National Semiconductor case was along these lines. The government permanently removed National from its approved contractors list and then National set out to untangle the web of culpability within its own confines. This allowed a relatively quick resolution as well as the ideal scenario for National Semiconductor.

In response, one could argue that the entity of a corporation has no morals or even a concept of the word, it is only as moral and ethical as the employees that work in that entity. All of the employees, including top ranking executives are working towards advancing the entity known as their corporation (Capitman, 117). All employees, including the sub-contractors and assembly line workers, are in some part morally responsible because they should have been clear on their employment duties and they all should have been aware of which parts were intended for government use. Ambiguity is not an excusing factor of moral responsibility for the workers. Also, the fact that some employees failed to act in an ethical manner gives even more moral responsibility to that employee. While some are definitely more morally responsible than others, every employee has some burden of weight in this case. In fact, when the government reached a final resolution, they decided to further impose repercussions and certain employees of National Semiconductor were banned from future work in any government office (Velazquez, 54).

Looking at the case from the standpoint of National Semiconductor, the outcome was favorable considering the alternate steps that the government could taken. As explained before, it is ideal for a company to be able to conduct its own investigation as well as its own punishments. After all, it would be best for a company to determine what specific departments are responsible rather than having a court of law impose a burden on every employee in its corporation. Yet, since there are ethical issues of dishonesty and secrecy involved, National Semiconductor should have conducted a thorough analysis of their employees as well as their own practices. It is through efforts like these that a corporation can raise the ethical standard of everyone in their organization.

This case brings into light the whole issue of corporate responsibility. The two sides that must ultimately be balanced are the self interests of the company, with main goal of maximum profit, and the impacts that a corporation can cause on society (Sawyer, 78). To further strengthen this need, one could argue that there are very few business decisions that do not affect society in way or another. In fact, with the plethora of corporations, society is being affected on various fronts; everything from water contamination to air bag safety is a concern. The biggest problem that all of us must contend with is that every decision that a business makes is gauged by the financial responsibility to their corporation instead of their social responsibility to the local community, and in some cases, the international community. This was pointed out on various occasions as the main reason why National Semiconductor falsified their reports. The cost that the full tests would incur did not outweigh their profit margins. Their business sense lead them to do what all companies want . . . maximum profit. In the opinion of the executives, they were acting in a sensible manner. After all, no executive wants to think of themselves as morally irresponsible. (Capitman, 118).

The question that naturally arises, in debating corporate responsibility, is what types of checks and balances can be employed within a company to ensure that a corporation and all of its agents act in an ethical manner. Taking the example of the National Semiconductor case, one can notice many failures in moral responsibility. National Semiconductor would have to review its employees, particularly the supervisors, for basic ethical values such as honesty. example, ultimately it was the widespread falsification of the testing documentation that caused the downfall of National Semiconductor, not the integrity of their components. In the synopsis of the case it is never mentioned that the employees initiated this idea, it would seem that it was the supervisors that gave the order to falsify the documents. In order to accomplish this, the company executives would have to encourage their employees to voice their concerns in regards to the advancement of the company. Through open communication, a company can resolve a variety of its ethical dilemmas. As for the financial aspects of the corporation, it has to decide whether the long term effects that a reprimand from the government can have outweighs their bottom line. In other words, corporations have to start moving away from the thought of instant profit and start realizing both the long term effects and benefits. These long term benefits can include a stronger sense of ethics in the work force as well as a better overall society.

To conclude, I must say that I agree with the use of mitigating factors in determining moral responsibility. A company, as defined by law, is only a name on a piece of paper. The company acts and conducts itself according to the employees that work in that entity. I use the word employee because in ethical thinking there should be no distinction of rank within a company. There are times when executives can be held directly responsible and at the same time, there are cases where employees are acting unethically without the executives knowing. Neither title of executive or employee equates to moral perfection. Therefore, when a company has acted irresponsibly, its employees must be held liable in a proportionate amount. As for the future of ethics in business I would speculate that if employees started to think more in long term benefits and profits, many of the ethical dilemmas that we face today would be greatly reduced. As mentioned before, businesses today uses the measuring stick of profitability. There needs to be a shift to the thinking of total utility for the social community in order to weigh business decisions.

Opponents would argue that this is a long term plan that require too many radical changes in the face of business. Also, there is no way that an industry wide standard can be set since there are too many types of corporations. Plus, companies have different needs and every moral rule is subjective according to the type of business that everyone conducts.

In response, I would argue that although there are no industry standards that are feasible, it is possible for every company to examine their practices as well as the attitude of their employees. There will be companies that find that they are doing fine with employees that are aware of their moral values. Yet other companies will find that they do have areas that need improvement. It is steps like these that start implementing changes. Once a few companies start to see the benefits of changes, it can help to encourage other companies to follow suit. After all, as seen in the case of National Semiconductor, mistakes in one department can cause the deterioration of an entire corporation. When the costs that are possible are taken into account, the changes required to rectify this are small in comparison

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