Browsing by Author "Austin, Graeme"
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Item Open Access Challenging Conscience-Based Refusals in New Zealand's Abortion Care: A Patient-Centred Perspective(Te Herenga Waka—Victoria University of Wellington, 2023) Bendall, Emerald; Austin, GraemeHealthcare professionals obstruct patients' access to abortion care by refusing to provide services due to their personal moral objections. This paper assesses the appropriateness of embracing conscience as a valid decision-making criterion within the healthcare sector. It asserts that such a criterion is inconsistent with the traditional evidence-based approaches that underpin healthcare decision-making. Further, this paper highlights how the arbitrary application of conscientious objection solely to reproductive services undermines the medical validity and importance of these essential healthcare provisions. Conscientious objection to abortion in New Zealand has significant practical consequences, including a reduction in available healthcare providers, service delays, and added financial and mental burdens on patients. These burdens are unjustifiable, as patients should have unimpeded access to routine healthcare. In contrast, the paper argues that the potential impacts of abolishing conscientious objection on health professionals are limited and justifiable, given their autonomous choice to enter a profession dedicated to patient care. This paper advocates for the elimination of the right to conscientious objection for reproductive services, drawing on international jurisdictions for examples to support this approach. It argues that the prohibition of conscience-based refusals is the only effective way to prioritise patients' rights to abortion care.Item Open Access Direction of the Copyright Act 1994 in View of Artificial Intelligence(Te Herenga Waka—Victoria University of Wellington, 2023) Kim, Jisue; Austin, GraemeThis paper aims to support the New Zealand government in the process of reviewing the Copyright Act 1994, to achieve the best outcomes for the New Zealand economy and copyright law. This paper examines four distinct policy positions that New Zealand could adopt when addressing AI works through the lens of copyright and how these policy positions could influence the amendment of the Copyright Act 1994. The rapid development and commercialization of artificial intelligence have led to a surge in AI-generated and AI-assisted works that vary in the level of human intervention. The blurred line between human creativity and AI creativity requires the amendment of the Copyright Act 1994 depending on the policy stance the legislature decides to take. The paper provides legislative suggestions on three levels. Firstly, it argues for the need to define the term "AI" in the Act and to differentiate between "AI-generated" and "computer-generated" works. Secondly, the paper examines the two authorship stances New Zealand may adopt to support these policy positions. Thirdly, it explores how the endorsement of each policy position could affect the requirements of originality and fair dealing in copyright law. The four policy options include the full protection regime, the human expression regime, the licensing regime, and the significant originality regime. Each suggestion considers the legal frameworks of the USA, EU, and the UK. However, the paper does not delve into a normative discussion of AI and the Copyright Act 1994 but rather approaches the topic from a pragmatic standpoint.Item Restricted LAWS212: Law: Law of Torts(Victoria University of Wellington, 2014) Austin, GraemeItem Restricted LAWS212: Law: Law of Torts(Victoria University of Wellington, 2013) Austin, GraemeItem Restricted LAWS212: Law: The Law of Torts(Victoria University of Wellington, 2016) Austin, GraemeItem Restricted LAWS212: Law: The Law of Torts(Victoria University of Wellington, 2012) Austin, GraemeItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2013) Austin, GraemeItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2014) Austin, Graeme; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2014) Austin, Graeme; Bennett, MarkItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2012) Austin, GraemeItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2012) Austin, GraemeItem Restricted LAWS312: Law: Equity, Trusts and Succession(Victoria University of Wellington, 2013) Austin, GraemeItem Restricted LAWS360: Law: Business Associations(Victoria University of Wellington, 2011) Austin, GraemeItem Restricted LAWS360: Law: Business Associations(Victoria University of Wellington, 2013) Austin, GraemeItem Restricted LAWS360: Law: Business Associations(Victoria University of Wellington, 2012) Austin, GraemeItem Restricted Rethinking legal deposit: Communities of heritage and the protection of digital cultural paratext(Te Herenga Waka—Victoria University of Wellington, 2016) Pabon Cadavid, Jhonny Antonio; Austin, Graeme; Frankel, SusyThis thesis analyses legal deposit as a legal institution for the safeguarding and stewardship of documentary heritage and posits that the purpose and inspiration of legal deposit is to provide a legal framework for the heritage management of the publications of each country. National libraries are heritage mediators and have the institutional capacity to develop identifiers and registers for digital heritage paratext. The thesis proposes that legal deposit should incorporate a mechanism for the creation, management and preservation of digital cultural paratext/metadata with the participation of communities of heritage. It proposes the legal protection of the integrity of digital heritage paratext and its identifiers. The thesis is based on a contemporary understanding of heritage as part of human rights and the recognition of diverse communities of heritage in multicultural societies. Creation and safeguarding of digital heritage paratext will promote plurality of memories and identities through interpretation and presentation of heritage resources.