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Journal articles on the topic 'Australian Privacy Act'
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1
Pattanasri, Thanaphol. "Mandatory Data Breach Notification and Hacking the Smart Home: A Legal Response to Cybersecurity?" QUT Law Review 18, no. 2 (March 1, 2019): 268. http://dx.doi.org/10.5204/qutlr.v18i2.752.
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This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.
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Pattanasri, Thanaphol. "Mandatory Data Breach Notification and Hacking the Smart Home: A Legal Response to Cybersecurity?" QUT Law Review 18, no. 2 (March 5, 2019): 268. http://dx.doi.org/10.5204/qutlr.v18i2.770.
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This paper will investigate whether the Australian legal and regulatory framework sufficiently addresses cybersecurity concerns particular to the smart home. Specifically, the paper will analyse the extent to which the introduction of the data breach notification scheme in Australia will apply to smart home device manufacturers regulated by the federal Privacy Act 1988 (Cth) regarding device breaches. By examining Australian Privacy Principle 11 and the introduction of mandatory data breach notification, the paper aims to determine whether the Australian privacy model of Principles-Based Regulation is capable of providing a market-based solution to cybersecurity concerns in the smart home.
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Bomba, David, and George Hallit. "Will the new Australian Health Privacy Law provide adequate protection?" Australian Health Review 25, no. 3 (2002): 141. http://dx.doi.org/10.1071/ah020141a.
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Amendments to the original Privacy Act (1988) come at a key point in time, as a national medical record system looms on the Australian horizon. Changes to The Privacy Act have the potential to define a level of information privacy prior to the implementation of such a system. We have therefore collected expert opinions on the ability of the Health Privacy Guidelines(enacted in December 2001 under The Privacy Act and hereafter more specifically known as Health Privacy Legislation) to ensure the privacy and security of patient information. We conclude that the legislation is flawed in its capacity to withstand an increasingly corporatised health sector. Deficiencies in consent requirements, together with feeble enforcement capabilities, mean The Legislation cannot effectively ensure that personally identifiable information will not end up in corporate third party hands. To significantly bolster the new legislation, we argue that it should be supplemented with explicit health data legislation and privacy auditing.
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Corones, Stephen, and Juliet Davis. "Protecting Consumer Privacy and Data Security: Regulatory Challenges and Potential Future Directions." Federal Law Review 45, no. 1 (March 2017): 65–95. http://dx.doi.org/10.1177/0067205x1704500104.
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This article considers the regulatory problems of online tracking behaviour, lack of consent to data collection, and the security of data collected with or without consent. Since the mid-1990s the United States Federal Trade Commission has been using its power under the United States consumer protection regime to regulate these problems. The Australian Competition and Consumer Commission (ACCC), on the other hand, has yet to bring civil or criminal proceedings for online privacy or data security breaches, which indicates a reluctance to employ the Australian Consumer Law (‘ACL’) in this field.1 Recent legislative action instead points to a greater application of the specifically targeted laws under the Privacy Act 1988 (Cth) (‘Privacy Act’), and the powers of the Office of the Australian Information Commissioner (OAIC), to protect consumer privacy and data security. This article contends that while specific legislation setting out, and publicly enforcing, businesses’ legal obligations with respect to online privacy and data protection is an appropriate regulatory response, the ACL's broad, general protections and public and/or private enforcement mechanisms also have a role to play in protecting consumer privacy and data security.
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Hile, Jack. "Dude, Where’s My Data? The Effectiveness of Laws Governing Data Breaches in Australia." Journal of Telecommunications and the Digital Economy 9, no. 2 (June 29, 2021): 47–68. http://dx.doi.org/10.18080/jtde.v9n2.381.
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The increasing prevalence of large-scale data breaches prompted Australia to strengthen the Privacy Act by enacting the Privacy Amendment (Notifiable Data Breaches) Act to regulate the behaviour of entities entrusted with personal data. However, this paper argues that these legislative instruments are ineffective when dealing with data breaches and their associated problems. In supporting this conclusion, this paper first develops a criterion for effective data breach law, and then evaluates the Australian framework against this criterion to determine its operational effectiveness. In addition, this paper analyses practical developments in the area of data-breach law to garner insights as to how the Australian framework can be made more effective. Ultimately, this paper concludes that the Australian framework is ineffective when dealing with large-scale data breaches, and recommends future legislative amendment as a means of bolstering its effectiveness.
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Wagner, J., and N. Witzleb. "Australia ∙ ‘Personal Information’ in the Australian Privacy Act and the Classification of IP Addresses." European Data Protection Law Review 3, no. 4 (2017): 528–33. http://dx.doi.org/10.21552/edpl/2017/4/17.
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Berglund, Catherine A. "Australian standards for privacy and confidentiality of health records in research: implications of the Commonwealth Privacy Act." Medical Journal of Australia 152, no. 12 (June 1990): 664–69. http://dx.doi.org/10.5694/j.1326-5377.1990.tb125429.x.
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Nicol, Dianne, Meredith Hagger, Nola Ries, and Johnathon Liddicoat. "Time to Get Serious about Privacy Policies: The Special Case of Genetic Privacy." Federal Law Review 42, no. 1 (March 2014): 1–32. http://dx.doi.org/10.22145/flr.42.1.7.
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Genetic information is widely recognised as being particularly sensitive personal information about an individual and his or her family. This article presents an analysis of the privacy policies of Australian companies that were offering direct-to-consumer genetic testing services in 2012–13. The results of this analysis indicate that many of these companies do not comply with the Privacy Act 1988 (Cth), and will need to significantly reassess their privacy policies now that significant new amendments to the Act have come into force. Whilst the Privacy Commissioner has increased powers under the new amendments, the extent to which these will mitigate the deficiencies of the current regime in relation to privacy practices of direct–to-consumer genetic testing companies remains unclear. Accordingly, it may be argued that a privacy code for the direct-to-consumer genetic testing industry would provide clearer standards. Alternatively it may be time to rethink whether a sui generis approach to protecting genetic information is warranted.
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Aljeraisy, Atheer, Masoud Barati, Omer Rana, and Charith Perera. "Privacy Laws and Privacy by Design Schemes for the Internet of Things." ACM Computing Surveys 54, no. 5 (June 2021): 1–38. http://dx.doi.org/10.1145/3450965.
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Internet of Things applications have the potential to derive sensitive information about individuals. Therefore, developers must exercise due diligence to make sure that data are managed according to the privacy regulations and data protection laws. However, doing so can be a difficult and challenging task. Recent research has revealed that developers typically face difficulties when complying with regulations. One key reason is that, at times, regulations are vague and could be challenging to extract and enact such legal requirements. In this article, we have conducted a systematic analysis of the privacy and data protection laws that are used across different continents, namely (i) General Data Protection Regulations, (ii) the Personal Information Protection and Electronic Documents Act, (iii) the California Consumer Privacy Act, (iv) Australian Privacy Principles, and (v) New Zealand’s Privacy Act 1993. Then, we used framework analysis method to attain a comprehensive view of different privacy and data protection laws and highlighted the disparities to assist developers in adhering to the regulations across different regions, along with creating a Combined Privacy Law Framework (CPLF). After that, the key principles and individuals’ rights of the CPLF were mapped with Privacy by Design (PbD) schemes (e.g., privacy principles, strategies, guidelines, and patterns) developed previously by different researchers to investigate the gaps in existing schemes. Subsequently, we have demonstrated how to apply and map privacy patterns into IoT architectures at the design stage and have also highlighted the complexity of doing such mapping. Finally, we have identified the major challenges that should be addressed and potential research directions to take the burden off software developers when applying privacy-preserving techniques that comply with privacy and data protection laws. We have released a companion technical report [3] that comprises all definitions, detailed steps on how we developed the CPLF, and detailed mappings between CPLF and PbD schemes.
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Yuvaraj, Joshua. "How about me? The scope of personal information under the Australian Privacy Act 1988." Computer Law & Security Review 34, no. 1 (February 2018): 47–66. http://dx.doi.org/10.1016/j.clsr.2017.05.019.
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Fernandes, Clinton, and Vijay Sivaraman. "It’s only the beginning: Metadata Retention laws and the Internet of Things." Journal of Telecommunications and the Digital Economy 3, no. 3 (September 28, 2015): 47–57. http://dx.doi.org/10.18080/jtde.v3n3.21.
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This article examines the implications of selected aspects of the Telecommunications (Interception and Access) Amendment (Data Retention) Act 2015, which was passed by the Australian Parliament in March 2015. It shows how the new law has strengthened protections for privacy. However, focusing on the investigatory implications, it shows how the law provides a tactical advantage to investigators who pursue whistleblowers and investigative journalists. The article exposes an apparent discrepancy in the way ‘journalist’ is defined across different pieces of legislation. It argues that although legislators’ interest has been overwhelmingly focused on communications data, the explosion of data generated by the so-called Internet-of-Things (IoT) is as important or more. It shows how the sensors in selected IoT devices lead to a loss of user control and will enable non-stop, involuntary and ubiquitous monitoring of individuals. It suggests that the law will need to be amended further once legislators and investigators’ knowledge of the potential of IoT increases.
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GURNEY, KAREN. "TWISTING THE KNIFE- DISCRIMINATION IN THE LAW." Deakin Law Review 9, no. 2 (November 1, 2014): 340. http://dx.doi.org/10.21153/dlr2004vol9no2art248.
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<div class="page" title="Page 1"><div class="layoutArea"><div class="column"><p><span>[</span><span>Of the many different variations that can occur in human sexual formation, trans- sexualism no doubt remains the least understood by the wider Australian commu- nity. As a consequence, the process of attaining human rights to legal status, privacy, dignity and freedom from discrimination for those who experience this unusual condition has been a slow and sometimes frustrating one. The article seeks to introduce the reader to some of the more recent developments in the interna- tional jurisprudence of transsexualism and the underlying medical evidence that has supported them. It also offers criticism of the belated attempt by the State of Victoria, with the </span><span>Births, Deaths & Marriages Registration (Amendment) Act 2004, </span><span>to establish certain statutory rights in this regard. While the legislation was en- acted with the stated and very laudable purpose of providing for the correction of birth records on the Register of Births of those people with transsexualism who have altered their phenotypic sex by hormonal medication and surgery, the article argues it has also served to remove other equally important rights already won and proposes that a final remedy will only be found, as on previous occasions, in the courts.</span><span>] </span></p></div></div></div>
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Jackson, Margaret. "The effect of the proposed national data protection regime on the health sector in Australia." Australian Health Review 20, no. 1 (1997): 1. http://dx.doi.org/10.1071/ah970001.
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The Commonwealth Government and a number of State governments are proposingto introduce legislation based on the Information Privacy Principles contained in thePrivacy Act 1988 (Cwlth). This will allow individuals access to any personalinformation held on them by any organisation or person, including privatepractitioners, private health facilities and State government agencies. This articlediscusses this proposed legislation and its implications for the health sector.Although in the public health area patients can already gain access to their medicalrecords through the use of the various Freedom of Information Acts and, in the caseof Commonwealth government agencies, the Privacy Act 1988 (Cwlth), the proposeddata protection legislation will provide more than access rights to individuals. Theeffect of the proposed legislation on the private sector, where no obligation exists onthe part of the doctor to grant a patient access to his or her records, will be substantial.
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Flynn, Kathryn. "Financial fraud in the private health insurance sector in Australia." Journal of Financial Crime 23, no. 1 (December 31, 2015): 143–58. http://dx.doi.org/10.1108/jfc-06-2014-0032.
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Purpose – The purpose of this article is to explore financial fraud in the private health insurance sector in Australia. Fraud in this sector has commonalities to other countries with similar health systems but in Australia it has garnered some unique characteristics. This article sheds light on these features, especially the fraught relationship between the private health funds and the public health insurance agency, Medicare and the problematic impact of the Privacy Act on fraud detection and financial recovery. Design/methodology/approach – A qualitative methodological approach was used, and interviews were conducted with fraud managers from Australia’s largest private health insurance funds and experts in fields connected to health fraud detection. Findings – All funds reported a need for more technological resources and higher staffing levels to manage fraud. Inadequate resourcing has the predictable outcome of a low detection and recovery rate. The fund managers had differing approaches to recovery action and this ranged from police action, the use of debt recovery agencies, to derecognition from the health fund. As for present and future harm to the industry, the funds found on-line claiming platforms a major threat to the integrity of their insurance system. In addition, they all viewed the Privacy Act as an impediment to managing fraud against their organizations and they desired that there be greater information sharing between themselves and Medicare. Originality/value – This paper contributes to the knowledge of financial fraud in the private health insurance sector in Australia.
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Davidson, Fiona, Bobbie Clugston, Michelle Perrin, Megan Williams, Edward Heffernan, and Stuart A. Kinner. "Mapping the prison mental health service workforce in Australia." Australasian Psychiatry 28, no. 4 (December 23, 2019): 442–47. http://dx.doi.org/10.1177/1039856219891525.
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Objective: The rapidly growing number of people in prison in Australia, combined with the high prevalence of mental disorder in this population, results in high demand for mental health services in prison settings. Despite their critical role as part of a national mental health response, prison mental health services (PMHS) in Australia have been poorly characterised. In this paper, we describe findings of the first national survey of PMHS in Australia. Methods: We distributed a survey to key representatives of PMHS in all Australian states and territories in 2016. Results: Our method constitutes a replicable process for quantifying and comparing PMHS in Australia. We describe the structure, governance and staffing models in seven jurisdictions. When compared against international recommendations, only one Australian jurisdiction (the ACT) is funded to provide services at a level equivalent to mental health services provided in the community. Conclusion: Prison mental health services in Australia are delivered by a complex mix of government, private sector and non-government services. Services appear to be severely under-resourced when compared with the available benchmarks.
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Gilligan, George Peter. "SOX as a window on transference of corporate governance norms across jurisdictions." Northern Ireland Legal Quarterly 60, no. 4 (March 13, 2020): 403–19. http://dx.doi.org/10.53386/nilq.v60i4.497.
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This paper considers the issue of the transference of norms across jurisdictions in corporate governance contexts through the lens of an Australian case study. The paper focuses on the impacts of the United States of America (US) legislation the Sarbanes-Oxley Act 2002 (SOX) from an Australian perspective. The paper draws on a series of semi-structured interviews (n=14), with senior personnel of: accounting firms; business organisations; consumers; financial exchanges; government; institutional investors; investment banks; law firms; private investors; professional associations; and regulators. The findings from the study are that key stakeholders in Australia have taken notice of SOX and its effects in the US, but that the influence of SOX in specifically Australian contexts has been limited. The general perception in Australia seems to be that SOX has had some flaws in its inception and in its subsequent delivery in the US, but also that it has produced some positive outcomes. However, domestic factors and influences are overwhelmingly more important in shaping how financial regulation and corporate governance evolve in Australia. Therefore, it seems that SOX does not signify in any substantive way a regulatory hegemony emanating from the US that determines financial market regulation or the evolution of corporate governance in Australia.
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Biles, David, and Vicki Dalton. "Deaths in Private and Public Prisons in Australia: A Comparative Analysis." Australian & New Zealand Journal of Criminology 34, no. 3 (December 2001): 293–301. http://dx.doi.org/10.1177/000486580103400306.
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Public opinion in Australia has been divided on the question of whether private prisons are welcome and one of the issues in dispute has been the question of whether or not private prisons are associated with proportionately more or fewer deaths of prisoners, particularly suicides, than public prisons. The available evidence is examined, and when the number of deaths, or suicides, per 1000 prisoner years served for all private and public prisons are calculated it is found that the rate for all deaths is significantly lower in private prisons at the 0.05 level of confidence. However, the difference in the suicide rates is not statistically significant.The lower overall death rate is particularly surprising as private prisons in Australia hold proportionately more unconvicted remandees,who are at higher risk, than public prisons. A close examination of the data for three relatively new remand and reception prisons, two private and one public, shows that all have much higher rates for both all deaths and for suicides than the national averages. This is an updated and expanded version of a paper by the same authors published by the Australian Institute of Criminology in June 1999. That paper was admitted into evidence at a coronial inquiry that was held into five deaths that occurred in the Port Phillip Prison in Victoria. Address for correspondence: D. Biles, 25 Kidston Cres, Curtin ACT 2605, Australia.
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Grantham, Ross. "The Proceduralisation of Australian Corporate Law." Federal Law Review 43, no. 2 (June 2015): 233–57. http://dx.doi.org/10.22145/flr.43.2.3.
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The central hypothesis of the paper is that bit by bit and largely unnoticed Australian corporate law has undergone a profound change. Australian corporate law, and particularly the Corporations Act 2001 (Cth), has moved from an essentially private law, substantive rights model, to one that seeks to regulate the company and those involved in its affairs through the prescription of processes and procedures by which corporate decisions may be made and by which the procedural correctness of those decisions is assured. The paper will also seek to demonstrate, by an analysis of the changes in the patterns of corporate case law, that this proceduralising trend has effected a fundamental change in the nature of corporate law and the role of the courts and may now claim to be a, if not, the principal characteristic of Australian corporate law. The paper concludes by highlighting some of the wider implications of this trend and the risk it poses to the intellectual heart of corporate law. The modern registered company owes its immediate creation to the legislature. Historically, however, the nature of the corporate form and the content of what is now known in Australia as corporate law has been very much more the work of the courts.1 It is thus the case that the decision of the House of Lords in Salomon v A Salomon & Co Ltd2 is more often cited as the foundation of modern corporate law than are the Joint Stock Companies Act 1844 (UK)3 or the Limited Liability Act 1855 (UK).4 It is also the case that the building blocks of corporate law were predominantly taken from the private law. Within the open girders of the statutory framework,5 corporate law was built out of the concepts of contract, property, and trust. It is thus not surprising that the company was, and is still, regarded as a fundamentally private legal and economic institution.6
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Moore, Anthony M., Sandra Burgess, Hailey Shaw, Carolyn Banks, Irene Passaris, and Charles Guest. "Achieving high immunisation rates amongst children in the Australian Capital Territory: a collaborative effort." Australian Health Review 35, no. 1 (2011): 104. http://dx.doi.org/10.1071/ah10769.
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Background. In September 2008 the ACT achieved the highest childhood coverage rates in Australia with rates of 93.5% (12–15-month age cohort), 94.9% (24–27-month age cohort) and 90.58% (60–63-month age cohort). Purpose. To analyse the key contributing factors and policy initiatives that have likely to have led to high childhood immunisation rates in the ACT. Methods. Data used in this report were sourced from the Australian Childhood Immunisation Register (ACIR) held at Medicare Australia, General Practice Immunisation Incentives (GPII) ‘calculation’ data held at ACT Division of General Practice and internal immunisation databases held at Health Protection Service. Outcomes. Although the reasons for the high coverage rates seen in children are multi factorial (including national and consumer factors), key reasons locally in the ACT include: (a) the implementation of an ACT-wide immunisation strategy; (b) proactive follow up of children overdue for immunisation; (c) more sustainable provision of immunisation services across both public and private health providers; and (d) a centralised vaccine delivery service and ‘cold chain’ monitoring system. Conclusions. Although nationwide immunisation policy has been successful in increasing childhood coverage rates across all Australian jurisdictions, it is important to also acknowledge local factors that have likely to have contributed to the successful implementation of the Immunise Australia Program at the coal face. What is known about the topic? Childhood immunisation rates have risen significantly in Australia since the mid 1990s following a plethora of initiatives at both a national and state and territory level. This article examines in depth the various factors over the past decade that have likely to have contributed to the high childhood immunisation rates currently seen in the Australian Capital Territory What does this paper add? The ACT changed its strategic thinking towards immunisation provision in 2004 with an increased focus on immunisation delivery in general practice. Immunisation coverage rates improved in the ACT between 2005 and 2008 with general practice increasing their contribution to immunisation provision from 35 to 57% during this time period. This was despite of a drop in full-time equivalent general practices (GPs) in the ACT between 2003 and 2008. At face value the initial decision to increase immunisation provision through general practice in the face of a dwindling GP workforce appeared counter intuitive. What this article illustrates is the importance of having the right mix and proportion of providers delivering immunisation (public clinics v. general practice) as well as having well resourced support systems for vaccine delivery, provider education and data analysis. More importantly this paper illustrates that any disruption in any component of immunisation provision is likely to have a negative effect on coverage rates (examples provided in the article). What are the implications for practitioners? Achieving high immunisation in the ACT has been a collaborative effort by a range of immunisation stakeholders. These groups have formed strong partnerships to raise awareness of the value of immunisation and the importance of receiving vaccinations at the correct time. It is this collective effort across the health portfolio that is likely to have contributed to the ACT achieving high immunisation coverage rates amongst children. It is important for immunisation practitioners to retain strong professional networks with clear delineation of roles in order to maintain high immunisation rates. Such networks must also be adequately prepared for challenges on the horizon (i.e. change in government policy, loss of personnel, change in consumer attitudes towards immunisation, etc.) that may pose a threat towards high immunisation rates.
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Mitchell, Jennifer, and Leanne Holmes. "Accredited Clinical Coder Examination 1996 Results." Health Information Management 26, no. 4 (December 1996): 202–6. http://dx.doi.org/10.1177/183335839702600410.
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In September 1996, 148 candidates sat for the first Australian Clinical Coder (ACC) accreditation examination at 19 sites across Australia and New Zealand. This event was an important milestone for clinical coders in Australia. Around one third of the candidates who sat for the exam gained accreditation. The results show that the candidates who were most likely to be successful in gaining accreditation: worked in public hospitals (of any size) or private hospitals with more than 150 beds spent 25 hours or more each week on coding or coding-related activities had been coding for three or more years. The greatest percentage of successful candidates had been coding for 10 or more years.
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Looi, Jeffrey CL, Stephen Allison, Tarun Bastiampillai, and William Pring. "Private practice metropolitan telepsychiatry in smaller Australian jurisdictions during the COVID-19 pandemic: preliminary analysis of the introduction of new Medicare Benefits Schedule items." Australasian Psychiatry 28, no. 6 (October 5, 2020): 639–43. http://dx.doi.org/10.1177/1039856220960381.
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Objective: To analyse the smaller Australian state/territory service impact of the introduction of new COVID-19 psychiatrist video and telephone telehealth Medicare Benefits Schedule (MBS) items. Method: MBS item service data were extracted for COVID-19 psychiatrist video and telephone telehealth item numbers corresponding to the pre-existing in-person consultations for the Australian Capital Territory (ACT), Northern Territory (NT), South Australia (SA) and Tasmania. Results: The overall rate of consultations (face-to-face and telehealth) increased during March and April 2020, compared to the monthly face-to-face consultation average, excepting Tasmania. Compared to an annual monthly average of in-person consultations for July 2018–June 2019, total telepsychiatry consultations were higher for April than May. For total video and telephone telehealth consultations combined, video consultations were lower in April and higher in May. As a percentage of combined telehealth and in-person consultations, telehealth was greater for April and lower for May compared to the monthly face-to-face consultation average. Conclusions: In the smaller states/territories, the private practice workforce rapidly adopted COVID-19 MBS telehealth items, with the majority of psychiatric consultation shifting to telehealth initially, and then returning to face-to-face. With a second wave of COVID-19 in Australia, telehealth is likely to remain a vital part of the national mental health strategy.
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McCrystal, Shae, and Belinda Smith. "Industrial Legislation in 2010." Journal of Industrial Relations 53, no. 3 (June 2011): 288–302. http://dx.doi.org/10.1177/0022185611402004.
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Two themes in legislative activity in 2010 were national uniformity and some movement in using law to promote equality, especially gender equality. The Fair Work Act 2009 (Cth) came into full effect with the commencement of the new safety net provisions and the referral to the Commonwealth of industrial relations powers over private-sector workforces in all states except Western Australia. Progress continued on the promised harmonization of Australian occupational health and safety laws with the release of a model Work Health and Safety Bill by Safe Work Australia, although developments in some states threaten to derail the process. An attempt to repeal most of the industry-specific regulation of the building and construction industry failed. The Federal Parliament passed legislation establishing a national paid parental leave scheme, and a number of changes to federal discrimination laws came into effect or were proposed, including the potential consolidation of federal discrimination legislation. This article provides an overview of these developments at federal level and concludes with a discussion of developments in the states including a brief overview of Victoria’s new equal opportunity legislation.
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Barrymore, Stuart, and Ann-Maree Mathison. "Carbon capture and storage—deelopments in Australia." APPEA Journal 49, no. 1 (2009): 65. http://dx.doi.org/10.1071/aj08006.
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Legal and non-legal developments in the carbon capture and storage (CCS) arena continue to gain momentum in Australia. On 22 November 2008 the Offshore Petroleum Amendment (Greenhouse Gas Storage) Act 2008 (Cth) (GGS Amendments) came into force. The GGS Amendments follow the amendment in February 2007 of the Convention on the Prevention of Marine Pollution by Dumping of Wastes and Other Matter 1972 and 1996 Protocol Thereto (London Protocol) which allows the storage of carbon dioxide under the seabed. The GGS Amendments amend the Offshore Petroleum Act 2006 (Cth) (OPA), which has now been renamed the Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) (Act), to establish a system of offshore titles that authorises the transportation, injection and storage of greenhouse gas (GHG) substances in geological formations under the seabed and manage the inevitable interaction with the offshore petroleum industry. In addition, the States of Queensland and Victoria have now enacted onshore CCS legislation. In September 2008, the Federal Government announced $100 million in funding for an Australian Global Carbon Capture and Storage Institute (AGCCSI), which will be an international hub for co-ordinating public and private sector funding of CCS research projects and will provide international policy and management oversight. The AGCCSI was formally launched on 16 April 2009. The goal of the AGCCSI is to deliver at least 20 commercial scale CCS plants around the world by 2020. There are numerous examples in Australia and internationally of CCS pilot projects underway with the goal of deploying CCS on a commercial scale. The Callide Oxyfuel Project in Central Queensland that began construction recently will retrofit an existing coal fired power station with a CCS facility, with plans for the oxyfuel boiler to be operational in the Callide A power plant by 2011.
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Bates, Frank. "New views of parenting." Children Australia 19, no. 4 (1994): 15–21. http://dx.doi.org/10.1017/s1035077200004193.
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There is nothing more inscribed nor thought nor felt and this must comfort the heart’s core against Its false disasters - these fathers standing round. These mothers touching, speaking, being near. These lovers waiting In the soft dry grass. [Wallace Stevens. “Credences of Summer”!“I have come to regard the law courts not as a cathedral but rather as a casino”. [Richard Ingrams, former Editor of Private Eye.]Before entering into discussion of the substantive topic, it should be said that Australian Family Law is, in one sense at least, always new. It is without question one of the most scrutinised areas of Australian Law: the Family Law Act 1975 has been amended no less than thirty four times since its coming into force in February 1976, sometimes extensively; it has been the subject of two reports of Joint Select Committees of the Australian Parliament, in 1980 (Bates, 1980) and 1992 (below). In addition, its operation and administration is under continual scrutiny from two statutory bodies – the Family Law Council (Family Law Act 1975 s115) and the Australian Institute of Family Studies (Family Law Act 1975 Part XIVB).
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Butler, Sally. "Inalienable Signs and Invited Guests: Australian Indigenous Art and Cultural Tourism." Arts 8, no. 4 (December 6, 2019): 161. http://dx.doi.org/10.3390/arts8040161.
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Australian Indigenous people promote their culture and country in the context of tourism in a variety of ways but the specific impact of Indigenous fine art in tourism is seldom examined. Indigenous people in Australia run tourism businesses, act as cultural guides, and publish literature that help disseminate Indigenous perspectives of place, homeland, and cultural knowledge. Governments and public and private arts organisations support these perspectives through exposure of Indigenous fine art events and activities. This exposure simultaneously advances Australia’s international cultural diplomacy, trade, and tourism interests. The quantitative impact of Indigenous fine arts (or any art) on tourism is difficult to assess beyond exhibition attendance and arts sales figures. Tourism surveys on the impact of fine arts are rare and often necessarily limited in scope. It is nevertheless useful to consider how the quite pervasive visual presence of Australian Indigenous art provides a framework of ideas for visitors about relationships between Australian Indigenous people and place. This research adopts a theoretical model of ‘performing cultural landscapes’ to examine how Australian Indigenous art might condition tourists towards Indigenous perspectives of people and place. This is quite different to traditional art historical hermeneutics that considers the meaning of artwork. I argue instead that in the context of cultural tourism, Australian Indigenous art does not convey specific meaning so much as it presents a relational model of cultural landscape that helps condition tourists towards a public realm of understanding Indigenous peoples’ relationship to place. This relational mode of seeing involves a complex psychological and semiotic framework of inalienable signification, visual storytelling, and reconciliation politics that situates tourists as ‘invited guests’. Particular contexts of seeing under discussion include the visibility of reconciliation politics, the remote art centre network, and Australia’s urban galleries.
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Cobb-Clark, Deborah. "The Balancing Act: Issues in the Funding of Public and Private Schools in Australia." Australian Economic Review 44, no. 3 (September 2011): 293–94. http://dx.doi.org/10.1111/j.1467-8462.2011.00648.x.
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Buchan, Terry. "Some problems in the management of residents in psychiatric hostels in Western Australia." Psychiatric Bulletin 15, no. 9 (September 1991): 557–59. http://dx.doi.org/10.1192/pb.15.9.557.
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In the wake of legislation overseas, Western Australia promulgated a new Mental Health Act in 1966, paving the way for the establishment of private psychiatric hostels in the community and the discharge from mental hospitals of many chronically ill, long-stay patients.
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Bazen, Elizabeth. "Effect of the Building Act 2011 on compliance costs in Western Australia." Construction Economics and Building 14, no. 2 (June 18, 2014): 41–56. http://dx.doi.org/10.5130/ajceb.v14i2.3839.
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The Building Act 2011 commenced in Western Australia on 2 April 2012. It introduced private certification for design and construction compliance, and reduced fees and timeframes for local governments to issue permits. This research project assessed the effect of the Act on the time and cost of building approvals in WA, using an internet-based, self-completion survey to obtain feedback from people on their experience of the new building approvals process. This research compared the cost of approval for 16 building projects under the new and old approvals processes. The research concluded that the new approvals process appears to be cost-neutral for the building industry as a whole. However, the cost of approval for the 11 building projects studied valued up to $1 million, particularly alterations to existing buildings, is an average of 4.0 times greater under the new approvals process.
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Giles, Lynne C., Julie A. Halbert, Maria Crotty, Ian D. Cameron, and Len C. Gray. "The distribution of health services for older people in Australia: where does transition care fit?" Australian Health Review 33, no. 4 (2009): 572. http://dx.doi.org/10.1071/ah090572.
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Introduction: The purpose of this study was to describe the distribution of hospital and aged care services for older people, with a particular focus on transition care places, across Australia and to determine the relationships between the provision of these services. Methods: Aggregation of health and aged care service indicators by Aged Care Assessment Team (ACAT) region including: public and private acute and subacute (rehabilitation and geriatric evaluation and management) hospital beds, flexible and mainstream aged care places as at 30 June 2006. Results: There was marked variation in the distribution of acute and subacute hospital beds among the 79 ACAT regions. Aged care places were more evenly distributed. However, the distribution of transition care places was uneven. Rural areas had poorer provision of all beds. There was no evidence of coordination in the allocation of hospital and aged care services between the Commonwealth and state/territory governments. There was a weak relationship between the allocation of transition care places and the distribution of health and aged care services. Discussion: Overall, the distribution of services available to older persons is uneven across Australia. While the Transition Care Program is flexible and is providing rural communities with access to rehabilitation, it will not be adequate to address the increasing needs associated with the ageing of the Australian population. An integrated national plan for aged care and rehabilitation services should be considered.
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Hindle, Don. "Health care funding in the Australian Capital Territory: From hospital to community." Australian Health Review 25, no. 1 (2002): 121. http://dx.doi.org/10.1071/ah020121.
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This paper presents an outline of the socio-demographic features of the Australian Capital Territory (the ACT) and of its health care system. I describe how health care resources are allocated in the government sector, present a moredetailed description of the way that hospital services are purchased, and summarise the government's policy directions for health. I argue that the main directions are sensible, and particularly those that support more integrated care that is largely based in the community. There appear to be no major weaknesses in the budget-share output-based funding model used in the purchase of hospital services, although the rationale for some of the components might be clarified.In total, the ACT government appears to be on the right track. However, I argue that more rapid progress might bepossible if there were greater collaboration between the Territory health authority and the relatively powerful private medical profession.
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Allison, J. W. F. "VARIATION OF VIEW ON ENGLISH LEGAL DISTINCTIONS BETWEEN PUBLIC AND PRIVATE." Cambridge Law Journal 66, no. 3 (November 2007): 698–711. http://dx.doi.org/10.1017/s0008197307000682.
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The debate about distinguishing public law and private law has been wide-ranging and variously focused. It has contributed to a paradox (or contradiction) in legal thinking, described by Peter Cane in his contribution to Public Law in a Multi-Layered Constitution. On the one hand, Cane stresses that the distinction between public and private “seems alive and well”––manifest, inter alia, in judicial review procedure and the establishment of an Administrative Court in England, in EC law (demarcating the scope of directives with direct effect), in the provisions applicable to public authorities in the Human Rights Act 1998, in the “state action” doctrine of the US Supreme Court, and in the statutory demarcation of the Administrative Appeals Tribunal's jurisdiction in Australia. On the other hand, he stresses the extent of scholarly criticism of the distinction––that it is outmoded, descriptively inaccurate or normatively undesirable. In his view, the resolution of the paradox lies in recognition that “the supporters and the opponents of the public/private distinction are talking about different things”. He concludes that, for its opponents, as a result of institutional and functional hybridisation, “the distinction misrepresents the way power is distributed and exercised” but that, for its supporters, “it embodies an attractive normative theory of the way power ought to be distributed and its exercise controlled”. In his presentation of the paradox and its resolution, Cane thus brings together various views and distinctions––English, American and Australian––and suggests that a contrast between descriptive criticism and normative evaluation is crucial to understanding the public/private debate. By the breadth and inclusivity of his analysis, however, he also brings into question the desirability of unitary analytical treatment of various distinctions in various contexts, supported and opposed by people talking about “different things”.
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James, Rodney, Caroline Chen, Kirsty Buising, Karin Thursky, and Courtney Ierano. "From Little Things Big Things Grow: The Development of an Auditing Program to Assess the Quality of Antimicrobial Prescribing." Infection Control & Hospital Epidemiology 41, S1 (October 2020): s237. http://dx.doi.org/10.1017/ice.2020.792.
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Background: An important aspect of antimicrobial stewardship is the qualitative assessment of antimicrobial prescribing. Owing to lack of standardized tools and resources required to design, conduct and analyze qualitative audits, these assessments are rarely performed. Objective: We designed an audit tool that was appropriate for all Australian hospital types, suited to local user requirements and including an assessment of the appropriateness of antimicrobial prescribing. Methods: In 2011, a pilot survey was conducted in 32 Australian hospitals to assess the usability and generalizability of a qualitative audit tool. The tool was revised to reflect the respondents’ feedback. A second study was performed in 2012 in 85 hospitals. In 2013, following further feedback and refinement, an online auditing tool, the Hospital National Antimicrobial Prescribing Survey (NAPS), was developed. Early audits demonstrated that surgical prophylaxis had the highest rates of inappropriate prescribing. In 2016, the Surgical NAPS was developed to further investigate reasons for this, and the NAPS program was further expanded to audit antimicrobial prescribing practices in Australian aged-care homes (ie, the Aged Care NAPS). Results: Between January 1, 2013, and November 12, 2019, 523 Australian public and private hospitals (53.8%) utilized the Hospital NAPS; 215 (22.1%) have utilized the Surgical NAPS; and 774 of Australian aged-care homes (29.0%) have utilized the Aged Care NAPS. National reporting has identified key target areas for quality improvement initiatives at both local and national levels. The following initiatives have been outlined in 14 public reports: improved documentation; prolonged antimicrobial prophylaxis; compliance with prescribing guidelines; appropriateness of prescribing; access to evidence-based guidelines; and improved microbiology sampling. Conclusions: By utilizing the Plan-Do-Study-Act cycle for healthcare improvement and by involving end users in the design and evaluation, we have created a practical and relevant auditing program to assess both quantitative and qualitative aspects of antimicrobial prescribing in a wide range of settings. This voluntary program is now endorsed by the National Strategy for Antimicrobial Resistance Surveillance, partners with the Antimicrobial Use and Resistance in Australian Surveillance System, and is utilized by facilities to meet mandatory national accreditation standard requirements. With the success of the NAPS program in Australia, it has now been implemented in New Zealand, Canada, Malaysia, Fiji, and Bhutan, with plans for other countries to implement the program soon. Current research is being conducted to expand the program to include audits for family physicians, veterinarians, and remote indigenous communities, and for antifungal use.Disclosures: NoneFunding: None
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Pearce, Matthew. "Policy Discourse and the 1982 ABT Pay TV Inquiry." Media International Australia 91, no. 1 (May 1999): 149–61. http://dx.doi.org/10.1177/1329878x9909100114.
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The 1982 ABT Pay TV Inquiry revealed the complexities of broadcasting policy discourse in contemporary Australian government. The inquiry became a crucible in which discourses of public interest, and alliances of private interests, were distilled. Throughout the inquiry, and in the resulting report, the ‘public interest’ was continuously invoked to purchase legitimacy in the policy process. Yet the ‘public interest’ is a contested, malleable concept with no definite singular meaning. This paper examines and explains the various concepts which were used to underpin notions of the public interest in a contested policy zone.
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Neilsen, G. A., and F. J. Young. "HIV/AIDS, Advocacy and Anti-Discrimination Legislation—The Australian Response." International Journal of STD & AIDS 5, no. 1 (January 1994): 13–17. http://dx.doi.org/10.1177/095646249400500104.
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This paper will address the role of mass communication strategies in the reduction of HIV/AIDS discrimination in Australia. It will focus on the interdependence of mass communication and legislation in health promotion campaigns with particular reference to the Disability Discrimination Act 1992. This will be discussed in the context of other HIV/AIDS strategies in Australia. The public health impact of discrimination is explored in relation to HIV/AIDS and the role of anti-discrimination legislation is discussed. Public health legislation can serve as a symbolic reflection of public opinion or actively change it. Laws can transform the practices of both public and private institutions and thus decrease discrimination. They can also provide specific remedies for people adversely affected by discriminatory attitudes and practices. Mass communication can maximize the impact of legislation by promoting awareness of new laws and, more importantly, lead changes in the attitudes of the polity and the wider public.
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Douglas, Michael, and Claudia Carr. "The Commercial Exceptions to Foreign State Immunity." Federal Law Review 45, no. 3 (September 2017): 445–68. http://dx.doi.org/10.22145/flr.45.3.4.
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The Foreign States Immunities Act 1985 (Cth) provides that foreign states are immune to the jurisdiction of Australian courts, and that their property is immune from execution. Those immunities are subject to important ‘commercial exceptions’. First, foreign states are not immune in Australian proceedings insofar as they concern a ‘commercial transaction’. Second, foreign states are not immune from execution in respect of ‘commercial property’. The distinction between the commercial and the non-commercial may be difficult to pin down. With reference to recent case law, including the High Court's decision in Firebird Global Master Fund II Ltd v Republic of Nauru (2015) 258 CLR 31, this article aims to articulate the scope of the commercial exceptions. It is argued that the scope of the commercial transaction exception is uncertain, and depends on courts’ approach to the task of characterisation. It is also argued that the commercial property exception is undesirably narrow, and will present a recurring impediment to the vindication of private rights.
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Frawley, Jodi. "State investment in science and entrepreneurship for environmental change in Queensland, 1912–16: The story of Cactus Estates Ltd." Queensland Review 23, no. 1 (May 31, 2016): 2–19. http://dx.doi.org/10.1017/qre.2016.3.
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AbstractGovernments across the globe use public–private partnerships to foster entrepreneurship while limiting their risk. The Prickly Pear Destruction Act 1912 enabled the Queensland government to enter contracts with private entities for land heavily covered with prickly pear (Opuntia and Nopalea species). The story of Cactus Estates Ltd, the first negotiation under the Act, provides an opportunity to analyse this response to local ecologies changed by nineteenth-century plant transfers. Most scholarship on the invasion of prickly pear focuses on the science of entomology due to the spectacular success of the introduction of Cactoblastis cactorum in 1926. This article examines an earlier period in the history of applied science in Queensland. The Queensland government, along with scientific and business communities, pursued poisons for controlling the density of plant growth as the preferred mechanism for eliminating plants. Cactus Estates Ltd experimented with arsenic-based poisons for this purpose. An examination of Cactus Estates Ltd provides evidence of the state's willingness to produce a multifaceted approach to dealing with invasive species in Australia in the early twentieth century.
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Tollemache, Nadja. "Taking the Ombudsman Concept into the Private Sector: Notes on the Banking Ombudsman Scheme in New Zealand." Victoria University of Wellington Law Review 26, no. 2 (May 1, 1996): 233. http://dx.doi.org/10.26686/vuwlr.v26i2.6165.
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This article traces the development of the institution of Ombudsman in New Zealand and comments on the move of the idea from the public to the private sector. The article first discusses the historical tests for unlawfulness under the Ombudsmen Act 1962 and 1975, which focused on the public sector. The success of the Ombudsmen in the public sector then led to the appointment of New Zealand's first Banking Ombudsman in 1992, modelled on similar offices in the United Kingdom and Australia. However, the article discusses factors that distinguish New Zealand's Banking Ombudsman to that of the United Kingdom: the sequence of events, the structure of the office, and the relationship between the Parliamentary Ombudsman and those in the private sector. *Note: a French language summary of this article is provided at 244.
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Kerr, Thor, and Shaphan Cox. "Media, Machines and Might: Reproducing Western Australia's Violent State of Aboriginal Protection." Somatechnics 6, no. 1 (March 2016): 89–105. http://dx.doi.org/10.3366/soma.2016.0176.
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This paper addresses the prevalence of state violence directed at Aboriginal people. It examines how violence has been reproduced in recent years in the space of Western Australia through mutually-reinforcing relations of financial interest, and how the function of private capital accumulation – in state violence against sovereign Aboriginal people – has remained hidden in white sight. This paper argues that state violence is legitimised through a discourse of Aboriginal protection. After outlining how this discourse and violence have operated in Western Australia, the paper provides a substantive narrative challenging the routine reproduction of state violence against Aboriginal bodies through a close reading of public and media texts. These texts relate to state violence against a blockade preventing land-clearing machines from entering Aboriginal country in mid 2011; state violence against the Nyoongar Tent Embassy in early 2012; and, the government's announcement in May 2011 that it would amend the Aboriginal Heritage Act. Through this analysis, lines are drawn between media, machines and might for the purpose of enabling white sight to see private capital accumulation functioning within the reproduction of state violence against Aboriginal people.
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Thompson, Paul, Paula McDonald, and Peter O’Connor. "Employee dissent on social media and organizational discipline." Human Relations 73, no. 5 (May 6, 2019): 631–52. http://dx.doi.org/10.1177/0018726719846262.
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What kind of surveillance of employees is evident today? The rights of employers to police and act punitively with regard to workplace dissent and misbehaviour have become contentious legal, policy and ethical issues. Drawing on survey responses from employees in the UK and Australia, this study investigates the scope and scale of employee dissent in relation to critical online comments and the private use of social media during work time. The findings reveal a sufficient pool of misbehaviours, albeit that they are emergent and uneven. Also evident were some apparently contradictory responses with respect to employer rights to profile and discipline, at the same time as asserting employee rights to voice and private online identities. The findings contribute to knowledge of how much and what kinds of online dissent exist in the ambiguous space between the public sphere of work and the private lives of individual employees and what employers do about it.
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Swainne, Bill. "Corrective Justice and Redress Under Australia's Racial Vilification Laws." University of Queensland Law Journal 40, no. 1 (March 26, 2021): 27–65. http://dx.doi.org/10.38127/uqlj.v40i1.5637.
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This article examines the process for seeking redress under Australia’s racial vilification laws. Recently, the debate concerning pt IIA of the Racial Discrimination Act 1975 (Cth) has focused on unmeritorious complaints and the importance of quickly terminating such complaints. This article argues that pt IIA establishes a civil wrong and that corrective justice provides an appropriate framework for understanding the process by which complainants may seek redress for this wrong. However, the remedial process currently fails to provide corrective justice in two ways. First, conciliation is compulsory and this unduly restricts complainants from commencing proceedings. This is inconsistent with the public character of vilification, which indicates that public vindication may be more appropriate than private settlement. Second, current costs rules may deter complainants from seeking vindication of their rights. Therefore, these rules should be modified in proceedings for racial vilification.
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Welsh, Michelle. "Realising the Public Potential of Corporate Law: Twenty Years of Civil Penalty Enforcement in Australia." Federal Law Review 42, no. 1 (March 2014): 1–22. http://dx.doi.org/10.22145/flr.42.1.9.
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Traditionally corporate law has been viewed as having characteristics that are commonly associated with private law. Largely this view developed as a result of the “law and economics” scholarship which dominated the corporate law debate, especially in the United States, in the last quarter of last Century. While the traditional “law and economics” approach supports the view that corporate law should be treated as a branch of private law, and that the state should have no role in its enforcement, other scholars, particularly those that adopt a progressive approach, argue that corporate law has, and should be recognised as having characteristics that are usually associated with public law. Arguably, an area of Australian corporate law that displays characteristics that are usually associated with public law is the statutory directors’ duties and the civil penalty regime that supports them. This enforcement regime gives the state through the corporate regulator, standing to take court based proceedings to enforce what are in effect, contracts that established corporate governance structures. This article seeks to determine the appropriate role of a public regulator in these circumstances. The questions considered are: whose interests should the public regulator represent when it is tasked with the responsibility of enforcing the statutory directors’ duties that largely codify fiduciary and common law duties? Given that the duties are owed by directors to their company should the primary role of the public regulator be to represent the interests of the company, and its shareholders, who have suffered a loss as a result of the alleged contravention of the directors’ duties or should the primary role of the public regulator be to act in the interests of the members of the larger community? In these situations what are the interests of the larger community? Drawing on regulatory theory the argument advanced in this paper is that despite the fact that the statutory directors’ duties codify what are in effect private rights between directors and their companies, the primary role of a public regulator is not to utilise the enforcement mechanisms at its disposal in order to obtain compensation for companies who have suffered a loss. Rather, the regulator's primary role is to act in the interests of the larger community by utilising the enforcement mechanisms at its disposal strategically in order to encourage greater compliance.
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Mahmoudi Farahani, Leila, Cecily Maller, and Kath Phelan. "Private Gardens as Urban Greenspaces: Can They Compensate for Poor Greenspace Access in Lower Socioeconomic Neighbourhoods?" Landscape Online 59 (May 18, 2018): 1–18. http://dx.doi.org/10.3097/lo.201859.
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The increasing process of urbanisation has major implications for the environment, biodiversity, and health and well-being of urban residents. Empirical evidence for urban greening benefits suggests that it is an appropriate planning and policy approach for tackling some of the problems associated with urbanisation, including biodiversity loss and heat island effects. Gardens on private residential lots represent a substantial proportion of greenspaces in low density cities with extensive suburban areas. Drawing on a qualitative study of residents in Sunshine North, Melbourne, Australia, this paper discusses three questions about the relationship of private gardens to public greenspaces:1) how does residents’ use of private gardens impact their use of other neighbourhood greenspaces;2) can private gardens address inequality of access to greenspaces in lower income neighbourhoods; and,3) what does this imply for planning and neighbourhood design?Contrary to previous research, the findings did not show a meaningful relationship between residents’ use of their gardens and local greenspaces, and further, that large yards and gardens do not substitute for poor access to local greenspaces. The paper concludes that policy makers and planners cannot assume private gardens and public greenspaces are interchangeable. While private gardens and local greenspaces can both provide positive benefits to residents, private gardens do not act as a substitute for local greenspaces in neighbourhoods of varying socio-economic status.
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Corones, Stephen, and Bill Lane. "Shielding Critical Infrastructure Information-Sharing Schemes from Competition Law." Deakin Law Review 15, no. 1 (September 1, 2010): 1. http://dx.doi.org/10.21153/dlr2010vol15no1art115.
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Because the majority of critical infrastructure is now owned or operated by the private sector, governments have implemented schemes to facilitate the exchange of information between private sector owners and operators, to ensure that it is protected from terrorist attack. The operation of these information-sharing schemes has the potential to contravene the competition law provisions contained in Division 1 and Division 2 of Part IV of the Trade Practices Act 1974 (Cth) (TPA). In light of these matters, this article considers whether there is a need for a specific statutory defence in the TPA in order to ensure that such arrangements can operate effectively and encourage the frank exchange of this type of information. The article examines the existing voluntary self-regulatory scheme adopted in Australia in 2003 and compares it with similar schemes in the United States where there is a move away from voluntary self-regulation towards a mandatory regulatory model with a specific legislated defence to shield critical infrastructure information-exchange arrangements from antitrust laws.
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Hayden, Jacqueline. "Available, Accessible, High Quality Child Care in Australia: Why we haven’t moved very far." Children Australia 17, no. 1 (1992): 10–15. http://dx.doi.org/10.1017/s1035077200030091.
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In a recent article in Children Australia (16:2, 1991) Moore points out how our system of social services and community work reinforces traditional concepts of family (especially mother) responsibility for the care of children with disabilities. This same attitude reflects a fundamental ambivalence in our society towards the provision of state assisted child care. Like care for the disabled, out-of-home care for young children is assumed to rest within the private sphere, so that state assistance in any form becomes gratefully accepted as a generous gift.Child care in Australia moved into the political realm with the enactment of the Child Care Act in 1972. This legislation described the conditions under which the Commonwealth Government would distribute funds for capital expenses, and provide some wage supplements to non-profit groups delivering child care services in formal centre settings. Since that time, promises of increased Commonwealth funding to meet increasing demand have become more and more ambitious – 20,000 spaces were promised in 1984; 30,000 in 1988; and by 1990, the promise had expanded to 78,000 new child care spaces to be funded by the Labor Party. As it turned out, many of the 78,000 spaces promised during the 1990 election campaign were not ‘new’ at all, but represented already existing private spaces, now made eligible for funding by a change in policy. The bulk of the spaces meanwhile were targeted for after-school care (much less expensive to fund), when research clearly indicated the dearth of spaces and critical need for infant care (very expensive to fund).
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Giliker, Paula. "Interpreting retained EU private law post-Brexit: Can commonwealth comparisons help us determine the future relevance of CJEU case law?" Common Law World Review 48, no. 1-2 (February 21, 2019): 15–38. http://dx.doi.org/10.1177/1473779518823689.
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In June 2016, the United Kingdom voted in a referendum to leave the European Union (EU). The consequences of Brexit are wide-ranging, but, from a legal perspective, it will entail the repeal of the European Communities Act 1972. The UK government does not intend to repeal EU law which is in existence on exit day, but, in terms of the interpretation of retained law, decisions of the Court of Justice of the European Union (CJEU) will no longer be binding after Brexit. Nevertheless, s. 6(2) of the EU (Withdrawal) Act 2018 does allow the UK courts to continue to pay regard to EU law and decisions of the CJEU ‘so far as it is relevant to any matter before the court’. This article will consider the meaning of the phrase ‘ may have regard to anything…so far as it is relevant’. In empowering the courts to consider post-Brexit CJEU authority subject to the undefined criterion of relevancy, how is this power likely to be exercised? A comparison will be drawn with the treatment of Privy Council and the UK case law in Commonwealth courts following the abolition of the right of appeal to the Privy Council, with particular reference to the example of Australia. It will be argued that guidance may be obtained from the common law legal family which can help us predict the future relevance and persuasiveness of CJEU case law in the interpretation of retained EU private law.
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Salter, Michael. "The transitional space of public inquiries: The case of the Australian Royal Commission into Institutional Responses to Child Sexual Abuse." Australian & New Zealand Journal of Criminology 53, no. 2 (November 26, 2019): 213–30. http://dx.doi.org/10.1177/0004865819886634.
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This paper argues that the uncertain public status of victim narratives of sexual abuse has inhibited the information sharing and dialogue necessary for policy reform and transformative change. Through an integration of public sphere theory and relational psychoanalysis, the paper identifies the need for a transitional space for the explication of sexual abuse narratives in order to bridge the gap between private suffering and public understanding. The Australian Royal Commission into Institutional Responses to Child Sexual Abuse provides a case study of a transitional mechanism, with a focus on its instantiation of a therapeutic politics and the resultant synthesis of the rational–critical dimensions of public speech with the emotional depth and substance of traumatic catharsis. The paper suggests that public inquiries are uniquely positioned to act as transitional spaces between the personal and political dimensions of traumatic experience, while recognizing the challenges posed to this space by the contemporary bureaucratic state.
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Keaney, A. T. "THE EMERGENCE OF CORPORATE SOCIAL RESPONSIBILITY—ISSUES FOR THE AUSTRALIAN OIL AND GAS SECTOR." APPEA Journal 43, no. 1 (2003): 717. http://dx.doi.org/10.1071/aj02042.
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Recent times have seen a rise in expectations in companies’ accountability as good corporate citizens. This trend has seen an increased emphasis on corporate governance and director liability. Further disclosure is now required and/or expected against a number of measures including environmental adherence, community activities and employee relations.At the same time companies are now subject to heightened shareholder activism as well as the growth of ethical investment funds which require companies to meet certain standards of corporate behaviour before they will invest.With the recent collapse of several major Australian companies and the consequent scrutiny of their corporate behaviour, and the revelation of instances of massive levels of corporate impropriety in the US, the above trend can be expected to grow. This paper discusses:the main platforms of corporate responsibility currently on the public agenda including:good corporate governance and director liability;environmental responsibility (sustainability rather than compliance); andother areas of social responsibility including treatment of employees and preservation of employee entitlements;the regulatory issues surrounding corporate responsibility, in particular under the Corporations Act;the risks and rewards of engaging in or ignoring this process. The risks might include potential director liability and public relations issues. The rewards may include access to additional public and private capital; andissues in this debate of particular relevance to the upstream oil and gas sector.
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Bell, Damon A., Amanda J. Hooper, Robert Bender, Jenny McMahon, Glenn Edwards, Frank M. van Bockxmeer, Gerald F. Watts, and John R. Burnett. "Opportunistic screening for familial hypercholesterolaemia via a community laboratory." Annals of Clinical Biochemistry: International Journal of Laboratory Medicine 49, no. 6 (September 21, 2012): 534–37. http://dx.doi.org/10.1258/acb.2012.012002.
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Background Familial hypercholesterolaemia (FH) is an inherited disorder characterized by increased serum low-density lipoprotein (LDL)-cholesterol concentrations and premature atherosclerotic cardiovascular disease. The majority of people with FH are currently undiagnosed. We sought to determine the ability of a community laboratory to screen for individuals with potential FH. Methods Serum LDL-cholesterol concentrations issued by a private community laboratory in Western Australia were reviewed over a one-year period (1 May 2010 to 31 April 2011). We assessed the prevalence of possible FH based on LDL-cholesterol thresholds employed by the Make Early Diagnosis-Prevent Early Death (MED-PED), the Simon Broome Registry and the Dutch Lipid Clinic Network criteria. Results During this period, 84,823 people had 99,467 serum LDL-cholesterol measurements, with 91.8% requested by general practitioners. A secondary cause of hypercholesterolaemia was identified in 8.3% of subjects with an LDL-cholesterol ≥5.0 mmol/L. The prevalence of FH based on an LDL-cholesterol ≥6.5 mmol/L, the 99.75th percentile, was 1:398 in this sample population; similarly, the MED-PED LDL-cholesterol criteria gave a prevalence of 1:482. Conclusions The community laboratory is well placed to screen opportunistically for subjects with potential FH. This may be achieved using either the MED-PED criteria or a serum LDL-cholesterol cut-off point of ≥6.5 mmol/L, irrespective of age. Further investigation is required to determine the most effective method of identifying these individuals and, thereby, ensuring referral to a specialist lipid clinic.
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Blondell, Sarah J., Joseph Debattista, Mark P. Griffin, and Jo Durham. "'I think they might just go to the doctor': qualitatively examining the (un)acceptability of newer HIV testing approaches among Vietnamese-born migrants in greater-Brisbane, Queensland, Australia." Sexual Health 18, no. 1 (2021): 50. http://dx.doi.org/10.1071/sh20064.
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Background In high-income countries (HICs), migrants often have higher rates of late diagnosis of HIV than the host population. Timely HIV testing has significant implications for HIV prevention and management. Newer HIV testing approaches, namely provider-initiated testing and counselling (PITC), HIV rapid testing (HIV RT) and HIV self-testing (HIV ST), aim to reach those populations most at risk and, particularly, those who have not previously tested for HIV. Methods: This study used semi-structured interviews to examine the (un)acceptability, barriers and facilitators to newer HIV testing approaches (i.e. PITC, HIV RT and HIV ST) among Vietnamese-born migrants (n = 10) in greater-Brisbane, Queensland, Australia. Results: Vietnamese-born migrants had mixed perspectives on the (un)acceptability of newer HIV testing approaches. PITC was largely viewed by participants as a facilitator to HIV testing for Vietnamese-born migrants. Likewise, HIV RT (undertaken by a doctor in a medical setting, as opposed to a trained community member in a community setting) was generally considered to facilitate HIV testing. HIV ST was largely not considered acceptable to Vietnamese-born migrants and they would prefer to go to a doctor for HIV testing. Several factors were identified that either facilitate or act as barriers to newer HIV testing approaches, including privacy; cost of (accessing) HIV testing; comfort and convenience; healthcare provider relationship; risk perception; symptoms; and technical and emotional support. Conclusions: There is a need to understand migrants’ HIV testing preferences if poorer HIV-related outcomes are to be overcome. The findings from this study show a preference for doctor-centred HIV testing, due to enhanced privacy, accuracy and support.
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Grinlinton, David. "The use of biodiversity offsets in mining and energy development." Environmental Law Review 19, no. 4 (December 2017): 244–65. http://dx.doi.org/10.1177/1461452917741479.
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This article first reviews the nature of biodiversity offsets and their use in selected jurisdictions, including the UK, US, Canada and Australia. The unique approach to biodiversity offsets in New Zealand under the Resource Management Act 1991 (RMA) is then examined in detail, including judicial consideration and analysis of the concept in several recent decisions. The RMA is the primary legislation governing the protection of the environment and the use of land, air and water resources in New Zealand, guided by the principle of 'sustainable management'. The Crown Minerals Act 1991 (CMA) governs the allocation of mining rights and access to minerals over private and Crown land. Opportunities for offsets through the mineral permitting and resource consenting regime is discussed, and mining and energy development case studies are used to illustrate the use of biodiversity offsets in practice. The article also examines the value of national policy guidance in the design of biodiversity offsets, the use of conservation covenants to ensure durability of offset arrangements, and the idea of 'conservation banking' to facilitate and encourage industry 'buy-in'. Conclusions and recommendations are made, which hopefully may inform and advance the debate on the use of biodiversity offsets in other jurisdictions.