Journal articles on the topic 'Australian Commonwealth'
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1
Lightfoot, Diane. "The history of Public Health Diagnostic Microbiology in Australia: early days until 1990." Microbiology Australia 38, no. 4 (2017): 156. http://dx.doi.org/10.1071/ma17056.
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The arrival of the First Fleet in Port Jackson in 1788, and the subsequent establishment of the colony of NSW began the history of the Australian public health system. Prior to Federation each state dealt with their own public health issues and much of the microbiological analysis was performed in the early hospitals and medical school departments of universities. Today, as there is no central Laboratory for the Commonwealth of Australia, each Australian state is responsible for the microbiological testing relevant to public health. However, because of various Commonwealth of Australia Department of Health initiatives, the Australian Government Department of Health is responsible for the overall public health of Australians.
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Branson, Jan, and Don Miller. "Language and identity in the Australian deaf community." Language Planning and Language Policy in Australia 8 (January 1, 1991): 135–76. http://dx.doi.org/10.1075/aralss.8.08bra.
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This paper examines the relationship between the Deaf1, their language, Auslan2 (Australian Sign Language), and the encompassing dominant hearing society and its culture in the context of the development of effective language policies for the Deaf, not only within the context of schooling but in the years prior to formal education and beyond the school. The paper has developed out of an initial response by AUSLAB (the Australian Sign Language Advisory Board, formed by the Australian Association of the Deaf) to the Federal Government’s Green Paper, The Language of Australia: Discussion Paper on an Australian Literacy and Language Policy for the 1990s. (Commonwealth of Australia 1990), later superseded by the White Paper, Australia’s Language: The Australian Language and Literacy Policy (Commonwealth of Australia 1991a & b).
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Ritchie, Jonathan, and Don Markwell. "Australian and Commonwealth republicanism." Round Table 95, no. 387 (October 2006): 727–37. http://dx.doi.org/10.1080/00358530601046976.
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Holly, Gabrielle. "Challenges to Australia's Offshore Detention Regime and the Limits of Strategic Tort Litigation." German Law Journal 21, no. 3 (April 2020): 549–70. http://dx.doi.org/10.1017/glj.2020.26.
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AbstractAustralia's offshore detention regime has been the subject of numerous attempts to seek accountability for harm caused to detainees using legal and other avenues in Australia. This Article examines recent strategic litigation actions against the Australian government and the corporate contractors engaged in offshore detention, including: Kamasaee v. Commonwealth; AUB19 v. Commonwealth; and actions seeking injunctions requiring the Australian government to airlift detainees to Australia for medical treatment. While these actions have vindicated the rights of those in offshore detention in specific ways, and in some instances facilitated compensation for harms caused while in detention, none have proved capable of challenging the underlying basis of the offshore detention regime, nor of providing a foreseeable end to the detention, whether by facilitating credible prospects for resettlement, or by other means. The Article provides an account of the achievements and limitations of these claims and concludes that although certain features of the Australian jurisdiction make it possible to pursue transnational claims, and thus potentially provide remedy for those who have suffered wrongs in Australia's offshore detention regime, such claims need to be pursued with the utmost care and with careful consideration of the complexities of the Australian political and legal environment.
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Donnelly, Jason. "Utilisation of National Interest Criteria in the Migration Act 1958 (Cth): A Threat to the Rule of Law." Victoria University Law and Justice Journal 7, no. 1 (June 11, 2018): 93–109. http://dx.doi.org/10.15209/vulj.v7i1.1037.
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In Australia, the Commonwealth executive enjoys significant power to make decisions applying a national interest criterion in Commonwealth statutes. Ultimately, this paper argues that the utilisation of such a criterion by the Commonwealth executive in the Migration Act 1958 (Cth) undermines the rule of law doctrine in Australia.A fundamental tenet of the rule of law is the idea that the law is clear, identifiable and consistent in its approach. Given the imprecise and vague nature of a national interest criterion, it is argued that the notion is often far from clear and identifiable. The net result has meant that aggrieved litigants have had significant difficulties in both understanding and enforcing their rights, given the ambiguity associated with a national interest criterion in the Migration Act 1958 (Cth).Further, an examination of various Australian cases demonstrated a lack of consistency in the interpretation of a national interest criterion in the Migration Act 1958 (Cth). This lack of consistency led to a deficiency of clarity in the operation of particular Australian laws, especially in the context of the Migration Act 1958 (Cth).
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Чурсина, Татьяна, and Tatyana Chursina. "Institutions of Interaction of Federation and States in Australia." Journal of Russian Law 1, no. 11 (October 21, 2013): 85–92. http://dx.doi.org/10.12737/1165.
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This paper investigates the basis for interaction between Australian Commonwealth and states, identifies its characteristics and optimal instruments for its establishment. Collaborative actions of states in settlement of issues has led to the consolidation of a specific form of federal relations in the Commonwealth of Australia — «cooperative federalism».
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Genovese, Ann. "Australian Communist Party of Australia v The Commonwealth: Histories of Australian Legalism." Australian Historical Studies 44, no. 1 (March 2013): 6–22. http://dx.doi.org/10.1080/1031461x.2012.760632.
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Lilienthal, Gary, and Nehaluddin Ahmad. "AUSTRALIAN ABORIGINAL HUMAN RIGHTS AND APPREHENDED BIAS: SKIRTING MAGNA CARTA PROTECTIONS?" Denning Law Journal 27 (November 16, 2015): 146–77. http://dx.doi.org/10.5750/dlj.v27i0.1104.
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The significance of this paper is in discussion of the wholesale obliteration of religious and other rights among Australian Aboriginal people, constituting a subspecies of continuing genocide. The Constitution of the Commonwealth of Australia states its directive on religion as follows.‘The Commonwealth shall not make any law for establishing any religion, or for imposing any religious observance, or for prohibiting the free exercise of any religion, and no religious test shall be required as a qualification for any office or public trust under the Commonwealth.’This constitutional section prohibits the making of laws, as stated, but does not prohibit administrative action imposing religious procedures. Neither does it prohibit official administrative action to restrain the free exercise of religion in Australia.
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Harrington, Michael. "Access to Australian Commonwealth Publications." Library Acquisitions: Practice & Theory 10, no. 4 (January 1986): 335–50. http://dx.doi.org/10.1016/0364-6408(86)90040-2.
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Manin, Iaroslav. "Legal regime of subsoil use in Australia." Административное и муниципальное право, no. 2 (February 2021): 54–68. http://dx.doi.org/10.7256/2454-0595.2021.2.34270.
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The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.
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Duxbury, Alison. "Rejuvenating the Commonwealth—The Human Rights Remedy." International and Comparative Law Quarterly 46, no. 2 (April 1997): 344–77. http://dx.doi.org/10.1017/s0020589300060462.
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Lord Casey's sad testament to an organisation which was perceived as “on the way to becoming not much more than a paper connection” is hardly encouraging to someone intent on studying the institution. It would appear that the Commonwealth of Nations as a contemporary discussion point is even less fashionable today than it was 30 years ago. It has recently been written that in our generation those few individuals with an opinion about the Commonwealth view it as an “anachronistic organization whose retirement to the pages of history is long overdue”. The situation of an Australian attempting to write about the Commonwealth is confused by the need to distinguish it from the “Commonwealth of Australia” by such adjectives as the “British” Commonwealth or the “Commonwealth of Nations”.
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M Sakr, Johnny, and Augusto Zimmermann. "Judicial Activism and Constitutional (Mis) Interpretation." University of Queensland Law Journal 40, no. 1 (March 26, 2021): 119–48. http://dx.doi.org/10.38127/uqlj.v40i1.5643.
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In this article, the authors explore the concept of judicial activism and its application in the Australian domestic cases of Australian Capital Television Pty Ltd v Commonwealth and Love v Commonwealth, and in the US case of Obergefell v Hodges. The article highlights the devastating effects of judicial activism on legal interpretation, arguing that such activism compromises the doctrine of separation of powers and affects the realisation of the rule of law, resulting in a method ofinterpretation that incorporates personal biases and political opinion, thus ignoring the original intent of the framers of the Australian Constitution. Moreover, the article highlights that implementing a federal Bill of Rights might further exacerbate these ongoing problems concerning judicial activism in Australia.
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Vietrynskyi, I. "Specifics of the International Political Position of the Commonwealth of Australia in the first half of the ХХ-th century." Problems of World History, no. 13 (March 18, 2021): 133–49. http://dx.doi.org/10.46869/2707-6776-2021-13-6.
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The paper focuses on the initial stage of the formation of the Commonwealth of Australia, and the process of its establishing as an independent State. The international political context for the development of the country, from the period of creation of the Federation to the beginning of the Second World War, is primarily viewed. The Commonwealth’s international position, its place and role in the regional and global geopolitical processes of the early XX century, in particular in the context of its relations with Great Britain, are analyzed. The features of the transformation of British colonial policies on the eve of the First World War are examined. The specifics of the UK system of relations with Australia, as well as other dominions, are being examined. The features of status of the dominions in the British Empire system are shown. The role of the dominions and, in particular, the Commonwealth of Australia in the preparatory process for the First World War, as well as the peculiarities of its participation in hostilities, is analyzed. The significance of the actions of the First World War on the domestic political situation in Australia, as well as its impact on dominions relations with the British Empire, is revealed. The history of the foundation of the Australian-New Zealand Army Corps (ANZAC) and its participation in imperial forces on the frontline of the First World War is analyzed. The success and failure of its fighters, as well as the role of ANZAC, in the process of formation an Australian political nation are analyzed. The economic, humanitarian and international political consequences of the First World War for the Commonwealth of Australia are examined, as well as the influence of these consequences on the structure of relations between the dominions and the British Empire. The socio-economic situation of the Commonwealth of Australia on the eve of World War II, in particular the impact of the Great depression on the development of the country as a whole and its internal political situation in particular, is analyzed. The ideological, military-strategic and international political prerequisites for Australia’s entry into the Second World War are being considered.
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Cruickshank, Joanna. "Race, History, and the Australian Faith Missions." Itinerario 34, no. 3 (December 2010): 39–52. http://dx.doi.org/10.1017/s0165115310000677.
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In 1901, the parliament of the new Commonwealth of Australia passed a series of laws designed, in the words of the Prime Minister Edmund Barton, “to make a legislative declaration of our racial identity”. An Act to expel the large Pacific Islander community in North Queensland was followed by a law restricting further immigration to applicants who could pass a literacy test in a European language. In 1902, under the Commonwealth Franchise Act, “all natives of Asia and Africa” as well as Aboriginal people were explicitly denied the right to vote in federal elections. The “White Australia policy”, enshrined in these laws, was almost universally supported by Australian politicians, with only two members of parliament speaking against the restriction of immigration on racial grounds.
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Voytovich, E. A. "Constitutional and legal bases for the formation of the Senate of the Australian Commonwealth." Journal of Law and Administration 16, no. 1 (April 11, 2020): 36–41. http://dx.doi.org/10.24833/2073-8420-2020-1-54-36-41.
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Introduction. The article is devoted to the organizational and legal issues of formation of the Senate of the Commonwealth of Australia. The author analyses the foundations of the constitutional regulation of the formation of the Senate. Now there are no works exploring in detail the manner the Senate of the Australian Commonwealth is formed.Materials and Methods. To create the article, the author used the works of Australian scholars in the field of constitutional law, as well as a number of legal acts regulating the issues addressed in the article. The methodology of the study was based on general scientific and private scientific methods of cognition (the dialectical method, methods of analysis and synthesis, deduction and induction, comparative legal and historical legal methods).Research Results. The author has considered specific characteristics of the Senate and in particular the constitutional norm establishing the system where senators are elected directly by the people of each entity of the Australian Commonwealth. The author also analyses the formation of the electoral system applied to formation of the Senate of the Australian Commonwealth.Discussion and conclusions. In this article, the author draws attention to the stability and invariability of the foundations of Senate legal regulation, established by the Constitution of the Australian Union, approved by the British Parliament and signed by the British monarch. The author pays attention to the peculiarities of the formation of the Australian legislature.
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Saunders, Cheryl. "Australian Federalism and the Role of the Governor-General." International Journal of Legal Information 28, no. 2 (2000): 407–23. http://dx.doi.org/10.1017/s0731126500009185.
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Australia is both a federation and a constitutional monarchy. The Commonwealth of Australia Constitution Act 1900, which made the Australian Constitution law, refers to the establishment of the federation “under the Crown of the United Kingdom of Great Britain and Ireland.” In fact, however, since 1973, the appropriate style of the monarch in relation to Australia has been “Queen of Australia.” And ever since federation, the monarch has been represented in Australia by a Governor-General, who progressively has acquired a more significant role, in parallel with the acquisition of Australian independence.
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Cox, James W., Michele Akeroyd, and Danielle P. Oliver. "Integrated water resource assessment for the Adelaide region, South Australia." Proceedings of the International Association of Hydrological Sciences 374 (October 17, 2016): 69–73. http://dx.doi.org/10.5194/piahs-374-69-2016.
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Abstract. South Australia is the driest state in the driest inhabited country in the world, Australia. Consequently, water is one of South Australia's highest priorities. Focus on water research and sources of water in the state became more critical during the Millenium drought that occurred between 1997 and 2011. In response to increased concern about water sources the South Australian government established The Goyder Institute for Water Research – a partnership between the South Australian State Government, the Commonwealth Scientific and Industrial Research Organisation (CSIRO), Flinders University, University of Adelaide and University of South Australia. The Goyder Institute undertakes cutting-edge science to inform the development of innovative integrated water management strategies to ensure South Australia's ongoing water security and enhance the South Australian Government's capacity to develop and deliver science-based policy solutions in water management. This paper focuses on the integrated water resource assessment of the northern Adelaide region, including the key research investments in water and climate, and how this information is being utilised by decision makers in the region.
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Horikawa, Tomoko. "Australia’s Minor Concessions to Japanese Citizens under the White Australia Policy." New Voices in Japanese Studies 12 (August 17, 2020): 1–20. http://dx.doi.org/10.21159/nvjs.12.01.
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This paper explores concessions made by Australian authorities concerning Japanese immigration during the era of the White Australia Policy in the early twentieth century. Australia’s Immigration Restriction Act was introduced in December 1901. As the major piece of legislation in the White Australia Policy, the act made it virtually impossible for non-Europeans to migrate to Australia. However, Japanese people enjoyed a special position among non-Europeans under the White Australia Policy thanks to Japan’s growing international status as a civilised power at the time, as well as its sustained diplomatic pressure on Australia. While the Commonwealth was determined to exclude Japanese permanent settlers, it sought ways to render the policy of exclusion less offensive to the Japanese. In the early 1900s, two minor modifications to the Immigration Restriction Act were implemented in order to relax the restrictions imposed on Japanese citizens. Moreover, in the application of Commonwealth immigration laws, Japanese people received far more lenient treatment than other non-Europeans and were afforded respect and extra courtesies by Australian officials. Nevertheless, these concessions Australia made to Japanese citizens were minor, and the Commonwealth government maintained its basic policy of excluding Japanese permanent settlers from Australia. This paper shows that, despite continued diplomatic efforts, Japan was fundamentally unable to change pre-war Australia’s basic policy regarding the exclusion of Japanese permanent settlers.
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Morton, David, and Brad Cook. "Evaluators and the enhanced Commonwealth performance framework." Evaluation Journal of Australasia 18, no. 3 (September 2018): 141–64. http://dx.doi.org/10.1177/1035719x18795539.
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The enhanced Commonwealth performance framework was introduced on 1 July 2015 under the Public Governance, Performance and Accountability Act 2013. It should allow the Australian Parliament and public to understand the proper use of public resources, whether the accountable authorities of Commonwealth entities and companies are achieving their purposes and who is benefitting from Commonwealth activity. Demonstrating the achievement of purposes amounts to demonstrating outcomes and impacts. It requires Commonwealth entities and companies to move past an over-reliance on input- and output-focused performance measures. There is a clear role for evaluators in helping entities make this important adjustment. The opportunities lie in helping a larger cross-section of the Commonwealth public service understand and use the evaluators’ toolbox – for example, program theory and qualitative analysis – to improve the quality of published performance information available to the Commonwealth’s stakeholders. The evaluation community has the opportunity to become a centre of key expertise, and to make a critical contribution to building the capability of ‘performance professionals’ across the public sector.
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Rydon, Joan. "Lawyers in the Australian Commonwealth Parliament." Australian Journal of Politics & History 33, no. 2 (June 28, 2008): 23–38. http://dx.doi.org/10.1111/j.1467-8497.1987.tb01214.x.
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Dunn, Delmer D. "MINISTERIAL STAFF IN AUSTRALIAN COMMONWEALTH GOVERNMENT." Australian Journal of Public Administration 54, no. 4 (December 1995): 507–19. http://dx.doi.org/10.1111/j.1467-8500.1995.tb01164.x.
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Paisley, Fiona. "Citizens of their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s." Feminist Review 58, no. 1 (February 1998): 66–84. http://dx.doi.org/10.1080/014177898339596.
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Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races.
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Kraal, Diane. "Review of Australia's Petroleum Resource Rent Tax: Implications from a Case Study of the Gorgon Gas Project." Federal Law Review 45, no. 2 (June 2017): 315–49. http://dx.doi.org/10.1177/0067205x1704500207.
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Australia has welcomed new business investment of $200 billion for integrated gas projects. However lower than expected tax receipts have tempered the early optimism of project benefits. In particular, petroleum resource rent tax (PRRT) revenues since the 2002–03 financial year have fallen. These reduced revenues have raised concerns about the effectiveness of petroleum taxation in Australia and pressured the Australian Government to call for a review of the PRRT in late 2016. Examined are the modifications necessary to the petroleum fiscal regime to address one of the PRRT Review's aims of providing an equitable return to the Australian community. Findings from a case study of an operational gas project include the need for PRRT modifications, and the addition of royalties for particular integrated natural gas projects in Commonwealth waters. The article is significant for its unique overview of Australia's petroleum taxation since the fall in oil prices from mid-2014 and the rise of gas export projects. This interdisciplinary and empirical research forms an important contribution to the current Commonwealth PRRT Review through its recommendations for change to the Petroleum Resource Rent Tax Assessment Act 1987 (Cth). It calls for more uniform federal legislation for the taxation of petroleum resource projects.
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Lynch, T. P., C. B. Smallwood, F. A. Ochwada-Doyle, J. Lyle, J. Williams, K. L. Ryan, C. Devine, B. Gibson, and A. Jordan. "A cross continental scale comparison of Australian offshore recreational fisheries research and its applications to Marine Park and fisheries management." ICES Journal of Marine Science 77, no. 3 (June 10, 2019): 1190–205. http://dx.doi.org/10.1093/icesjms/fsz092.
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Abstract Recreational fishing is popular in Australia and is managed by individual states in consultation with the Commonwealth for those fisheries that they regulate and also for Australian Marine Parks (AMPs). Fishers regularly access both state and offshore Commonwealth waters but this offshore component of the recreational fishery is poorly understood. Our study tested the functionality of existing state-based surveys in Western Australia (WA) and New South Wales (NSW) to better inform Commonwealth fisheries and AMP managers about recreational fishing in their jurisdictions. Catch estimates for nine species of interest to the Commonwealth were developed and two case study AMPs [Ningaloo (WA) and The Hunter (NSW)] were also chosen to test the ability of the state survey data to be disaggregated to the park scale. As each state’s fishery survey designs were contextual to their own management needs, the application of the data to Commonwealth jurisdictions were limited by their statistical power, however aspects of each states surveys still provided useful information. Continued evolution of state-wide survey methods, including collection of precise spatial data, and regional over-sampling would be beneficial, particularly where there are multiple stakeholder and jurisdictional interests. National coordination, to temporally align state surveys, would also add value to the existing approaches.
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Kelly, Danial. "Natural Resources Law in Australia: Principles and Practices." Jambe Law Journal 1, no. 2 (July 12, 2019): 155–76. http://dx.doi.org/10.22437/jlj.1.2.155-176.
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What is the jurisprudential approach taken to Natural Resources Law in Australia? The ultimate source of law in Australia is Commonwealth of Australia Constitution Act however the Constitution does not specifically include an environment or natural resources power and the Commonwealth government can only make laws under the heads of power provided by the Constitution. This paper considers how natural resources law has developed as environmental protection law, especially the Environment Protection and Biodiversity Conservation Act. Also discussed is the approach taken by the Northern Territory of Australia in relation to natural resources law. The discussion unearths the developing jurisprudence in Australian natural resources law that seems to increasingly favour environmental protection over human development.
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Smith, Susan, and Thomas H. Spurling. "The Science and Industry Endowment Fund: Supporting the Development of Australian Science." Historical Records of Australian Science 26, no. 1 (2015): 58. http://dx.doi.org/10.1071/hr14027.
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The Science and Industry Endowment Fund (SIEF) was established in 1926 by the passage in the Parliament of the Commonwealth of Australia of the Science and Industry Endowment Act at the same time as the Science and Industry Research Act established the Council for Scientific and Industrial Research. The SIEF played a major role in funding the training of Australian research workers from 1926 to 1950 and funded much of the research carried out in Australian universities in the pre-war period. This paper documents the activities of the SIEF from its inception in 1926 until inflation eroded the value of the Fund in the 1970s. The Fund was later reinvigorated by the injection of $150 million by the Commonwealth Scientific and Industrial Research Organisation between 2009 and 2010.
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Bond, Catherine. "Tobacco Plain Packaging in Australia: JT International v Commonwealth and Beyond." QUT Law Review 17, no. 2 (November 24, 2017): 1. http://dx.doi.org/10.5204/qutlr.v17i2.702.
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For as long as plain packaging legislation had been floated as an option for tobacco products, tobacco companies had threatened legal action against such a regime. Those threats became action when, two tobacco companies separately commenced litigation in the High Court of Australia claiming that the Tobacco Plain Packaging Act 2011 (Cth) breached section 51(xxxi) of the Australian Constitution. Yet, the Act survived that challenge and remains in force to this day. This article reviews the introduction of the Act and subsequent challenge, and closely analyses the judgments comprising the decision in JT International v Commonwealth. It then examines how plain packaging has operated in practice, including enforcement of the regime and unexpected legal issues arising from its application. This article concludes with a reflection on what the Commonwealth’s victory regarding plain packaging means for constitutional intellectual property issues more generally.
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Mitchell, Andrew D. "Is Genocide a Crime Unknown to Australian Law? Nulyarimma v. Thompson." Yearbook of International Humanitarian Law 3 (December 2000): 362–83. http://dx.doi.org/10.1017/s1389135900000702.
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While it is clear that international treaties become part of Australian domestic law only once implemented by domestic legislation, it is less certain whether implementing legislation is required to incorporate customary international law into Australian law. This question is assuming a new importance as international law moves beyond dealing simply with relationships between sovereign nations to protecting the human rights of groups and individuals within states. Since the arrival of Europeans, indigenous Australians have witnessed enormous violations of their human rights. InNulyarimmav.Thompson, members of the Aboriginal community alleged that certain Commonwealth Ministers and Members of Parliament had committed genocide, and sought various remedies. Since Australia has not implemented the Convention on the Prevention and Punishment of the Crime of Genocide by legislation, the case squarely raised the issue of whether customary international law, and in particular international criminal law, could become part of Australian law without the assistance of Parliament.
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Selway, Justice B. M. "The Constitutional Role of the Queen of Australia." Common Law World Review 32, no. 3 (July 2003): 248–74. http://dx.doi.org/10.1177/147377950303200302.
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When the Australian federation came into existence in 1901 the same King ruled throughout the British Empire. The Crown was indivisible. The Australian Commonwealth Constitution reflected that political and legal reality. That reality has undergone considerable change in the last century. The Empire no longer exists, although some of the former dominions and colonies remain monarchies. The Queen is now monarch of 15 separate and independent nations, including Australia. In so far as Australia is concerned, these developments raise a number of practical and constitutional issues. These issues relate both to the relationship of the Australian monarchy with those other monarchies which share the same Queen and to the role of the Australian monarch within the Australian federation. Some of those issues are explored in this paper.
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Jackson, Stephen J. "British History is Their History: Britain and the British Empire in the History Curriculum of Ontario, Canada and Victoria, Australia 1930-1975." Espacio, Tiempo y Educación 4, no. 2 (July 1, 2017): 165. http://dx.doi.org/10.14516/ete.161.
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This article investigates the evolving conceptions of national identity in Canada and Australia through an analysis of officially sanctioned history textbooks in Ontario, Canada and Victoria, Australia. From the 1930s until the 1950s, Britain and the British Empire served a pivotal role in history textbooks and curricula in both territories. Textbooks generally held that British and imperial history were crucial to the Canadian and Australian national identity. Following the Second World War, textbooks in both Ontario and Victoria began to recognize Britain’s loss of power, and how this changed Australian and Canadian participation in the British Empire/Commonwealth. But rather than advocate for a complete withdrawal from engagement with Britain, authors emphasized the continuing importance of the example of the British Empire and Commonwealth to world affairs. In fact, participation in the Commonwealth was often described as of even more importance as the Dominions could take a more prominent place in imperial affairs. By the 1960s, however, textbook authors in Ontario and Victoria began to change their narratives, de-emphasizing the importance of the British Empire to the Canadian and Australian identity. Crucially, by the late 1960s the new narratives Ontarians and Victorians constructed claimed that the British Empire and national identity were no longer significantly linked. An investigation into these narratives of history will provide a unique window into officially acceptable views on imperialism before and during the era of decolonization.
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Carrara, E., J. Sharples, and E. Nation. "Making Australian groundwater data accessible: the value of collaboration." Water Practice and Technology 12, no. 3 (August 1, 2017): 675–80. http://dx.doi.org/10.2166/wpt.2017.070.
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Access to nationally consistent information is essential to support informed decision-making about Australia's vital groundwater resources. However, until now it has been difficult to depict a seamless national picture of groundwater resources and frame groundwater issues at a national scale. This is because groundwater data is typically managed locally without consistent format or terminology. Under the Commonwealth Water Act, the Bureau of Meteorology now collects, standardises, stores and analyses groundwater information from Australian lead water agencies to ensure the best available information is on hand to help understand this complex and largely hidden resource. One of the main objectives of the Bureau in the last few years has been to adopt a collaborative approach and work closely with State and Territory governments and other Commonwealth agencies to develop a consistent representation of Australian groundwater that is accessible and can be easily downloaded. This has resulted in the Bureau's Groundwater Information Suite.
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HARRIS, AMANDA. "Representing Australia to the Commonwealth in 1965: Aborigiana and Indigenous Performance." Twentieth-Century Music 17, no. 1 (October 24, 2019): 3–22. http://dx.doi.org/10.1017/s1478572219000331.
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AbstractIn 1965, the Australian government and Australian Elizabethan Theatre Trust (AETT) debated which performing arts ensembles should represent Australia at the London Commonwealth Arts Festival. The AETT proposed the newly formed Aboriginal Theatre, comprising songmakers, musicians, and dancers from the Tiwi Islands, northeast Arnhem Land and the Daly River. The government declined, and instead sent the Sydney Symphony Orchestra performing works by John Antill and Peter Sculthorpe. In examining the historical context for these negotiations, I demonstrate the direct relationship between the historical promotion of ‘Australianist’ art music composition that claimed to represent Aboriginal culture, and the denial of the right of representation to Aboriginal performers as owners of their musical traditions. Within the framing of Wolfe's settler colonial theory and ‘logic of elimination’, I suggest that appropriative Australian art music has directly sought to replace performances of Aboriginal culture by Aboriginal people, even while Aboriginal people have resisted replacement.
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Russell, Mary, and Max McMaster. "Analysis of Australian Commonwealth annual report indexes." Indexer: The International Journal of Indexing 38, no. 2 (June 2020): 185–206. http://dx.doi.org/10.3828/indexer.2020.17.
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Eldridge, John. "Contract Codification: Cautionary Lessons from Australia." Edinburgh Law Review 23, no. 2 (May 2019): 204–29. http://dx.doi.org/10.3366/elr.2019.0549.
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In March 2012, the Australian Commonwealth Attorney-General's Department published a Discussion Paper which explored the prospect of codifying or otherwise reforming the Australian law of contract. There is little reason to think that the codification of the Australian law of contract is likely to be embarked upon in the foreseeable future. At the same time, recent years have seen a resurgence of interest in codification in Britain. This paper examines the experience of contract codification efforts in Australia with a view to identifying a number of cautionary lessons. It focuses on two challenges inherent in contract codification which have been given too little attention by the proponents of reform in Australia.
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Harvey, Nick. "Energy Related Projects and Environmental Impact Legislation in South Australia." Energy & Environment 5, no. 4 (December 1994): 285–303. http://dx.doi.org/10.1177/0958305x9400500401.
Full textAbstract:
Australian projects designed for the production, distribution and use of energy are generally governed by specific legislation within individual States, mostly for the promotion and regulation of resource development. These projects are also subject to environmental protection provisions in Commonwealth and State legislation, in particular environmental impact assessment legislation, which has a much longer history than in Europe. This paper examines the application of the Commonwealth and the South Australian environmental impact assessment legislation to South Australian energy related projects, focusing on the period from 1982–1993. The paper notes the importance of the State government and its instrumentalities in all major energy supply and energy use projects. The paper also notes that significant energy related projects are subject to public scrutiny through the environmental impact assessment process in South Australia but that key energy policy decisions which may also have significant impacts are not subject to the same public scrutiny. The paper concludes by canvassing strategic environmental assessment options as an alternative to project based assessment for energy related projects.
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Kain, Jennifer S. "Standardising Defence Lines: William Perrin Norris, Eugenics and Australian Border Control." Social History of Medicine 33, no. 3 (October 8, 2018): 843–59. http://dx.doi.org/10.1093/shm/hky075.
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Abstract This article investigates the policy and practice of Australia's so-called ‘eugenic phase’ of border control embedded within the 1912 Immigration Act. It highlights the efforts of the first London-based Commonwealth Medical Officer - Dr William Perrin Norris - who designed a medical bureaucratic system intended to keep ‘defectives’ out of Australia. Norris' vision is revealed to be befitting of his character, experience, and a passion for uniformity which went beyond his legal jurisdiction. In examining the associated political debates, procedural instructions and the practicalities of the legislation, this article advances a more nuanced historical understanding of this period of Australian border control, and traces the evolution of the idiot and insane prohibited immigrant clause in the first quarter of the twentieth century.
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Blackham, Alysia, and George Williams. "The Appointment of Ministers from outside of Parliament." Federal Law Review 40, no. 2 (June 2012): 253–85. http://dx.doi.org/10.22145/flr.40.2.6.
Full textAbstract:
Members of the executive in Australia and other Westminster nations are traditionally appointed only from the ranks of parliamentarians, ostensibly to protect the principle of responsible government. However, there is a growing international trend in nations such as the United Kingdom for the appointment of ministers from outside of Parliament. This article examines the extent to which Australia's constitutional system can accommodate unelected members of a Commonwealth, State or Territory executive. This question is analysed from the perspective of the principle of responsible government and the text of Australia's various constitutional documents. The article also reviews existing practice in comparative jurisdictions and Australian law and practice in order to determine the form that such appointments might take.
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Forsyth, Hannah. "Post-war political economics and the growth of Australian university research, c.1945-1965." History of Education Review 46, no. 1 (June 5, 2017): 15–32. http://dx.doi.org/10.1108/her-10-2015-0023.
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Purpose The purpose of this paper is to consider the national and international political-economic environment in which Australian university research grew. It considers the implications of the growing significance of knowledge to the government and capital, looking past institutional developments to also historicise the systems that fed and were fed by the universities. Design/methodology/approach The paper is based on the extensive archival research in the National Archives of Australia and the Australian War Memorial on the formation and funding of a wide range of research programmes in the immediate post-war period after the Second World War. These include the Australian Atomic Energy Commission, the NHMRC, the Commonwealth Scientific and Industrial Research Organisation, the Australian Pacific Territories Research Council, the Commonwealth Office of Education, the Universities Commission and the Murray review. This research was conducted under the Margaret George Award for emerging scholars for a project entitled “Knowledge, Nation and Democracy in Post-War Australia”. Findings After the Second World War, the Australian Government invested heavily in research: funding that continued to expand in subsequent decades. In the USA, similar government expenditure affected the trajectory of capitalist democracy for the remainder of the twentieth century, leading to a “military-industrial complex”. The outcome in Australia looked quite different, though still connected to the structure and character of Australian political economics. Originality/value The discussion of the spectacular growth of universities after the Second World War ordinarily rests on the growth in enrolments. This paper draws on a very large literature review as well as primary research to offer new insights into the connections between research and post-war political and economic development, which also explain university growth.
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Gageler, Stephen. "James Bryce and the Australian Constitution." Federal Law Review 43, no. 2 (June 2015): 177–200. http://dx.doi.org/10.22145/flr.43.2.1.
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James Bryce was a contemporary of Albert Venn Dicey. Bryce published in 1888 The American Commonwealth. Its detailed description of the practical operation of the United States Constitution was influential in the framing of the Australian Constitution in the 1890s. The project of this article is to shed light on that influence. The article compares and contrasts the views of Bryce and of Dicey; Bryce's views, unlike those of Dicey, having been largely unexplored in contemporary analyses of our constitutional development. It examines the importance of Bryce's views on two particular constitutional mechanisms – responsible government and judicial review – to the development of our constitutional structure. The ongoing theoretical implications of The American Commonwealth for Australian constitutional law remain to be pondered.
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Abdo, Linda, Sandy Griffin, and Annabeth Kemp. "Apples for Oranges: Disparities in Offset Legislation and Policy among Jurisdictions and its Implications for Environmental Protection and Sustainable Development in Australia." Environmental Management and Sustainable Development 8, no. 1 (February 11, 2019): 172. http://dx.doi.org/10.5296/emsd.v8i1.14081.
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As a signatory to Agenda 21, the Rio Declaration on Environment and Development, the 2030 Agenda for Sustainable Development (including the Sustainable Development Goals) and the Convention on Biological Diversity, Australia has an international obligation to ensure sustainable development. Biodiversity offsets are one tool used by Australian regulators to allow development to continue, whilst ensuring international obligations for sustainable development are met. In this study, legislation, policy and published guidelines for the Australian Commonwealth, states and territories were analysed to determine if the application of biodiversity offsets was consistent with the principles of sustainable development (environmentally, socially, economically) and if the allowance of biodiversity offsets in different jurisdictions created gaps in biodiversity and environmental protection across Australia. Regulation of biodiversity offsets was found to be inconsistent between the Commonwealth and the states and territories, with most jurisdictions having less than 50% similarity. This inconsistency in offset policy and legislation between jurisdictions could lead to loss of biodiversity. Additionally, jurisdictions did not adequately consider the social and economic aspects of sustainability in relation to biodiversity offsets, meaning that, through the allowance of biodiversity offsets, Australia may not be meeting their international obligations related to sustainable development. Further legislative development for biodiversity offsets is required in Australia to improve environmental protection and to adequately consider all aspects of sustainability. The Council of Australian Governments is a mechanism that could be used to ensure all jurisdictions consider the aspects of sustainability consistently in relation to biodiversity offsets.
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Evans, Kylie, and Nicholas Petrie. "COVID-19 and the Australian Human Rights Acts." Alternative Law Journal 45, no. 3 (July 23, 2020): 175–79. http://dx.doi.org/10.1177/1037969x20942861.
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This article considers how the response to COVID-19 in Australia may be examined and challenged by the Human Rights Act 2004 (ACT), the Charter of Human Rights and Responsibilities 2006 (Vic) and the Human Rights Act 2019 (Qld) (collectively, the Australian HRAs). It also considers the unique model of rights protection provided at the Commonwealth level under the Human Rights (Parliamentary Scrutiny) Act 2011 (Cth) (2011 Act). The authors argue the Australian HRAs and the 2011 Act have the potential to play a key role in scrutinising some laws implementing the COVID-19 measures, and action taken under those laws.
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Backhouse, Kim, and Mark Wickham. "Corporate governance, boards of directors and corporate social responsibility: The Australian context." Corporate Ownership and Control 17, no. 4 (2020): 60–71. http://dx.doi.org/10.22495/cocv17i4art5.
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The challenge of corporate governance in Australian corporations is similar to those faced by the majority of corporations operating globally albeit the manner in which corporate governance is structured in Australia represents a strong reflection of the island continent’s people, egalitarian culture, and legislative framework. This article considers the legal framework in which Australian corporations operate within, which includes a discussion of corporate governance principles, the role of directors and ownership structures of companies in Australia. Australian board of director practices are discussed in detailed and this article outlines how these practices are heavily influenced by the Australian Commonwealth Corporations Law (which sets out mandatory legal requirements that all Australian companies must adhere to). The article continues to explore briefly directors’ remuneration practices, recent shareholder’s rights protection and activism, the importance of corporate governance and the link to firm performance, and finally the importance of corporate social responsibility in the Australian context.
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Knudsen, Keld, Lisa Schofield, Tony Knight, Kristina Erzikov, Ross McGowan, Barry Goldstein, Ian Scrimgeour, and Jeff Haworth. "Australian Government's exploration initiatives." APPEA Journal 59, no. 2 (2019): 899. http://dx.doi.org/10.1071/aj19007.
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Exploration is vital for the continued discovery and development of the nation’s petroleum resources – resources that are essential for energy security, economic growth, long-term regional development and jobs, improved infrastructure, and value-adding to our manufacturing industries. Governmental authorities across Australia recognise the importance of a strong exploration sector, and the Commonwealth, states and territories have several initiatives to encourage exploration.
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Tahmindjis, Phillip. "Sexual Harassment and Australian Anti-Discrimination Law." International Journal of Discrimination and the Law 7, no. 1-4 (September 2005): 87–126. http://dx.doi.org/10.1177/135822910500700404.
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This paper examines the law of sexual harassment in Australia and concludes that, while there is extensive legislative coverage at Commonwealth, State and Territory levels, this coverage is uneven. The differences and resulting outcomes between local jurisdictions are considered. The differences between Australian laws and overseas jurisdictions are also considered, particularly with respect to procedure in sexual harassment cases and remedies in a jurisdiction where punitive damages are not allowed. The paper considers the positive and negative features of the Australian law and argues that greater education of the legal profession is needed to allow the adequate delivery of justice to people who have been sexually harassed.
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Whiteford, Harvey, Bronwyn Macleod, and Elizabeth Leitch. "The National Mental Health Policy: Implications for Public Psychiatric Services in Australia." Australian & New Zealand Journal of Psychiatry 27, no. 2 (June 1993): 186–91. http://dx.doi.org/10.1080/00048679309075767.
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The Health Ministers of all Australian States, Territories and the Commonwealth endorsed National Mental Health Policy in April 1992 [1]. This Policy is intended to set clear direction for the future development of mental health services within Australia. The Policy recognises the high prevalence of mental health problems and mental disorders in the Australian community and the impact of these on consumers, carers, families and society as whole. It also clearly accepts the need to address the problems confronting the promotion of mental health and the provision of mental health services.
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Calver, Mike. "The case for an ?Excellence in Scholarship for Australia? initiative." Pacific Conservation Biology 16, no. 4 (2010): 228. http://dx.doi.org/10.1071/pc110228.
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Only those truly cryptozoic for all of 2010 could have missed the bustle and concern created by the Australian Commonwealth?s Excellence in Research for Australia (ERA) initiative (http://www.arc.gov.au/era/default.htm). In common with other national research assessment exercises such as the RAE (UK) and PBRF (New Zealand), ERA is designed to assess research quality within the Australian higher education sector, identifying and rewarding those institutions and departments producing high-quality research. The linkages between achievement, recognition and reward have the potential to shape the research priorities and agendas of institutions and individual researchers.
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Robertson, A. G., M. G. Leclercq, and S. Poke. "(A235) Australian Medical Assistance Teams in Australia." Prehospital and Disaster Medicine 26, S1 (May 2011): s64. http://dx.doi.org/10.1017/s1049023x11002214.
Full textAbstract:
Western Australia (WA) was one of the first states in Australia to deploy medical team members to the tsunami-stricken regions of the Maldives and Banda Aceh in 2004. This early experience led the WA Department of Health to develop and pilot these teams locally and to progress a national model for their future development, which could be implemented further by other Australian jurisdictions. Further experience with these teams in Yogyakarta after the 2006 Java earthquake, Karratha after Tropical Cyclone George in 2007, Ashmore Reef after the 2009 boat explosion, Samoa after the 2009 tsunami, and during the Pakistan floods in 2010 have signaled both the utility of the Australian Medical Assistance Teams (AUSMATs) and the commitment by the Australian Commonwealth and State Governments to utilize these teams in both domestic and international settings. This presentation will examine the implementation of the AUSMAT model in Australia over the last five years, the modifications to the original model to suit the unique geographical and resource challenges faced by Australian teams, both within and outside Australia, and the lessons learned from recent team deployments. The challenges of delivering health care over vast, sparsely populated distances, and the inherent and increasing natural and industrial disaster threats in the Asia-Pacific region, have contributed to the modification of the model to ensure that the AUSMATs are flexible, modular, and capable of responding to a variety of major incidents. The national model continues to evolve to ensure that well prepared, equipped and trained civilian AUSMATS remain able to effectively deploy to a mass casualty situation in Australia's area of interest.
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Hanna, Liz. "Support Funding for Australian Rural and Remote Health Workforce: A Medical - Nursing Mismatch." Australian Journal of Primary Health 7, no. 1 (2001): 9. http://dx.doi.org/10.1071/py01002.
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Successive Australian federal governments have introduced numerous strategies aimed at reducing the differentials in health status between rural and remote populations and their metropolitan counterparts. Foremost among these strategies have been those focused on increasing the numbers of medical practitioners in rural and remote areas (Australian Institute of Health and Welfare, 1998a). The paper challenges the prioritisation of this strategy, identified as a "planning priority" by the Commonwealth government. The 1999-2000 Federal Budget allocated $171 million to "significantly improve access to services in rural and remote areas of Australia and to strengthen the rural workforce". Nurses provide 90% of the health services to these populations yet receive only 0.9% of funding in direct role specific support. This systematic neglect of nursing services results in high turnover as nurses desert their posts, frustrated by lack of organisational support, and subsequent inability to provide adequate care in the difficult circumstances in which they must function. Interruptions to clinical health care provision and health promotion activities diminish health enhancement opportunities for the communities with demonstrated high levels of need (Australian Institute of Health and Welfare [AIHW], 1999; Commonwealth Department of Health & Aged Care, 2000; Kreger, 1991; NSW Health Department, 1998).
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Holland, R. "Decline and Fall—a Tragedy in Three Acts." Anaesthesia and Intensive Care 35, no. 1_suppl (June 2007): 11–16. http://dx.doi.org/10.1177/0310057x0703501s02.
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Pre World War II, practising anaesthetists in Australia relied heavily on two companies—Commonwealth Industrial Gases and H.I. Clements & Son—for technical support. Post-war, these two were joined by Telectronics, the Australian company which exploited the electronic revolution in monitoring. From a position of profitability and major market share, all three fell to earth for commercial, political and managerial reasons.
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Israel, Mark. "The Commercialisation of University-Based Criminological Research in Australia." Australian & New Zealand Journal of Criminology 33, no. 1 (April 2000): 1–20. http://dx.doi.org/10.1177/000486580003300102.
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As part of the Australian university sector, criminologists have been encouraged to find commercial clients for their skills and products. This paper examines the implications for the future development of criminology in Australia of changing patterns of Commonwealth, State and non-government organisation funding. It explores what might happen to criminology if the entrepreneurial periphery gains a tighter purchase on the academic core.