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Relevant bibliographies by topics / Detention of persons – Australia

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Academic literature on the topic 'Detention of persons – Australia'

Author: Grafiati

Published: 4 June 2021

Last updated: 30 July 2024

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Journal articles on the topic "Detention of persons – Australia"

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McGaughey, Fiona, Tamara Tulich, and Harry Blagg. "UN decision on Marlon Noble case: Imprisonment of an Aboriginal man with intellectual disability found unfit to stand trial in Western Australia." Alternative Law Journal 42, no. 1 (March 2017): 67–70. http://dx.doi.org/10.1177/1037969x17694790.

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On 23 September 2016, the United Nations (UN) Committee on the Rights of Persons with Disabilities found that the Australian government had breached its obligations under the UN Convention on the Rights of Persons with Disabilities. The case against Australia was brought by Marlon Noble, an Aboriginal man with an intellectual disability who was charged with sexual assault but found unfit to stand trial under the Mentally Impaired Defendants Act 1996 (WA). He was imprisoned indefinitely in 2001 and has been held in civil detention in the community since 2012. This article analyses the current policy and legislative context in Western Australia on this issue and reflects on Australia’s previous responses to individual human rights complaints to UN Committees.

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Gooding, Piers, Anna Arstein-Kerslake, Sarah Mercer, and Bernadette Mc Sherry. "Supporting accused persons with cognitive disabilities to participate in criminal proceedings in Australia: Avoiding the pitfalls of unfitness to stand trial laws." Law in Context. A Socio-legal Journal 35, no. 2 (December 1, 2017): 64–84. http://dx.doi.org/10.26826/law-in-context.v35i2.15.

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In the 10 years since Australia has ratified the United Nations Convention on the Rights of Persons with Disabilities (CRPD), the issue of the indefinite detention of persons with cognitive disabilities found unfit to stand trial has received considerable attention. Concerns have been raised by national media, law reform bodies and United Nations human rights agencies. Yet there remain few examples of formal change to unfitness to stand trial laws in Australia. This article focuses on the role of procedural accommodations in meeting CRPD requirements, and other accessibility measures to ensure accused persons with cognitive disabilities are able to take part in criminal proceedings on an equal basis with others. It examines support measures that appear in existing statute and case law within Australia and considers the need to develop new forms of support.

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O'Loughlin, Geoffrey, Simon Beecham, Stephen Lees, Lawrence Rose, and Douglas Nicholas. "On-site stormwater detention systems in Sydney." Water Science and Technology 32, no. 1 (July 1, 1995): 169–75. http://dx.doi.org/10.2166/wst.1995.0038.

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On-site stormwater detention (OSD) requirements are applied by most municipalities in Sydney, Australia. Persons redeveloping properties served by existing drainage systems must provide storages for stormwater, to compensate for increased runoff from the new development. While OSD is widely accepted, procedures differ considerably between municipalities. Many designers criticise guidelines and design methods, and express doubts about the maintenance and economy of OSD systems. This paper surveys the application of OSD in Sydney, describes typical installations, and reviews their effectiveness. It sets out the main arguments for and against OSD systems, discusses alternatives, and indicates how systems and procedures will evolve in the future.

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Henderson, Emma, Nicole Shackleton, and Stephanie Falconer. "Reformative and rehabilitative programs for prisoners with cognitive impairments: Australia’s international obligations." Alternative Law Journal 42, no. 2 (June 2017): 102–6. http://dx.doi.org/10.1177/1037969x17710615.

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While there has been much recent controversy relating to the abusive treatment of young prisoners and the failure of the State to properly facilitate the rehabilitation and reformation of young detainees, little attention has been paid to similar failures in relation to prisoners with cognitive impairments. In this article, we argue that Article 10.3 of the International Covenant on Civil and Political Rights and Article 26 of the Convention on the Rights of Persons with Disabilities require Australia to ensure that the conditions of detention of all prisoners are primarily reformative and rehabilitative. Analysing relevant jurisprudence, we argue that Australia is systematically failing to meet its human rights obligations to prisoners found ‘not guilty’ by reason of mental impairment.

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Silove, Derrick, and Sarah Mares. "The mental health of asylum seekers in Australia and the role of psychiatrists." BJPsych International 15, no. 3 (July 17, 2018): 65–68. http://dx.doi.org/10.1192/bji.2018.11.

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There are more displaced people around the world than ever before, and over half are children. Australia and other wealthy nations have implemented increasingly harsh policies, justified as ‘humane deterrence’, and aimed at preventing asylum seekers (persons without preestablished resettlement visas) from entering their borders and gaining protection. Australian psychiatrists and other health professionals have documented the impact of these harsh policies since their inception. Their experience in identifying and challenging the effects of these policies on the mental health of asylum seekers may prove instructive to others facing similar issues. In outlining the Australian experience, we draw selectively on personal experience, research, witness account issues, reports by human rights organisations, clinical observations and commentaries. Australia’s harsh response to asylum seekers, including indefinite mandatory detention and denial of permanent protection for those found to be refugees, starkly demonstrates the ineluctable intersection of mental health, human rights, ethics and social policy, a complexity that the profession is uniquely positioned to understand and hence reflect back to government and the wider society.

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Corcoran, Tim, Julie White, Kitty te Riele, Alison Baker, and Philippa Moylan. "Psychosocial justice for students in custody." Journal of Psychosocial Studies 12, no. 1 (July 1, 2019): 41–56. http://dx.doi.org/10.1332/147867319x15608718110899.

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Availability to quality education is significantly beneficial to the life prospects of young people. In particular, for young people caught up in the justice system, it is argued that involvement in education reduces risk of further criminality and improves a person’s prospects for future community engagement. This paper overviews a recent study undertaken in the Australian state of Victoria. The study worked with project partner, Parkville College, the government school operating inside the state’s two detention centres, to examine what supports and hinders education for students in custody. Amongst other purposes, education should be about the pursuit of justice and if accepted as an ontological opportunity, education can invite the pursuit of a particular kind of justice ‐ psychosocial justice. Subsequently, psychosocial theory applied to educational practice in youth detention is inextricably linked to issues concerning justice, both for how theory is invoked and ways in which practice is enacted. The paper first introduces the concept of psychosocial justice then hears from staff connected to Parkville College regarding issues and concerns related to their work. As shown, education for incarcerated young people, not just in Australia but internationally, is enhanced by contributions from psychosocial studies providing a means to pursuing justice informed by a politics of psychosocialism.

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Dastyari, Azadeh, and Daniel Ghezelbash. "Asylum at Sea: The Legality of Shipboard Refugee Status Determination Procedures." International Journal of Refugee Law 32, no. 1 (February 29, 2020): 1–27. http://dx.doi.org/10.1093/ijrl/eez046.

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Abstract Austria and Italy have recently proposed that processing the protection claims of asylum seekers attempting to cross the Mediterranean should take place aboard government vessels at sea. Shipboard processing of asylum claims is not a novel idea. The policy has been used for many years by the governments of the United States and Australia. This article examines the relevant international law, as well as State practice and domestic jurisprudence in the United States and Australia, to explore whether shipboard processing complies with international refugee and human rights law. It concludes that, while it may be theoretically possible for shipboard processing to comply with international law, there are significant practical impediments to carrying out shipboard processing in a manner that is compliant with the international obligations of States. Current practices in the United States and Australia fall short of what is required. Nor is there any indication that the Austrian/Italian proposal would contain the required safeguards. It is argued that this is by design. The appeal of shipboard processing for governments is that it allows them to dispense with the safeguards that asylum seekers would be entitled to if processed on land. Best practice is for all persons interdicted or rescued at sea to be transferred to a location on land where they have access to effective status determination procedures and are protected from refoulement and unlawful detention.

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Antolak-Saper, Natalia. "The Adultification of the Youth Justice System: The Victorian Experience." Law in Context. A Socio-legal Journal 37, no. 1 (November 24, 2020): 99–113. http://dx.doi.org/10.26826/law-in-context.v37i1.118.

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In early 2018, an Inquiry into Youth Justice Centres in Victoria (Inquiry) found that a combination of a punitive approach to youth justice, inadequate crime strategies, and a lack of appropriately trained and experienced staff at youth justice centres, greatly contributed to the hindrance of the rehabilitation of young persons in detention in Victoria, Australia. In addition to identifying these challenges, the Inquiry also determined that the way in which young offenders have been described by politicians and portrayed in the media in recent times, has had a significant impact on shaping youth justice policies and practices. This article specifically examines the role of the media in the adultification of the Victorian youth justice system. It begins with a historical examination of youth justice, drawing on the welfare model and the justice model. This is followed by a discussion of the perception and reality of youth offending in Victoria. Here, it is demonstrated that through framing, the media represents heightened levels of youth offending and suggests that only a ‘tough on crime’ approach can curb such offending; an approach that has been adopted by the Victorian State Government in recent years. Finally, the article considers how recent youth justice reforms are examples of adultification, and by not adequately distinguishing between a child and adult offender, these reforms are inconsistent with the best interests of the child.

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Opeskin, Brian, and Daniel Ghezelbash. "Australian Refugee Policy and its Impacts on Pacific Island Countries." Journal of Pacific Studies 36, no. 1 (2016): 73–89. http://dx.doi.org/10.33318/jpacs.2016.36(1)-5.

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Refugees present an immense challenge globally but until recently Pacific Island Countries (PICs) have been relatively sheltered from this phenomenon. However, changes to Australia’s border security and refugee policies in recent years have significant implications for the Pacific because of Australia’s determination to prevent asylum seekers from arriving by boat in Australian territory. This article examines Australia’s so-called ‘Pacific Solution’, which entails the transfer of asylum seekers to camps in Nauru and Papua New Guinea, where they are detained pending determination of their refugee status and ultimate resettlement. The social impacts of Australia’s policies include the heightened tensions that arise from establishing large detention facilities in small island communities, and the social costs of resettling persons who are found to be refugees among poor local populations. Australia’s policies also have other impacts on PICs. Australia’s selective allocation of foreign aid and other funds make PICs vulnerable to pressure from its developed neighbour, and create the danger that Australia’s perceived ‘problem’ with unauthorised boat arrivals is being shifted to acquiescent countries in the Pacific.

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McCulloch, Jude, and Joo-Cheong Tham. "Secret State, Transparent Subject: The Australian Security Intelligence Organisation in the Age of Terror." Australian & New Zealand Journal of Criminology 38, no. 3 (December 2005): 400–415. http://dx.doi.org/10.1375/acri.38.3.400.

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This article describes the secrecy provisions embodied in the Australian Security Intelligence Organisation Legislation Amendment Act 2003 (Cwlth). The article explains how these provisions curb freedom of speech and remove ASIO's activities from the domain of public scrutiny. It argues that by effectively criminalising open discussion of ASIO's activities the provisions insulate much of the domestic ‘war on terror’ from the public gaze. It also argues that the provisions implicitly sanction lawlessness by ASIO in open breach of the rule of law. By undermining free speech and the rule of law, this legislation increases the risk of torture of persons detained by ASIO. The legislation also exacerbates the punitiveness of such detention. Moreover, the secrecy offences will distort Australian politics by enabling the government to control and manipulate ‘security’ information. The article concludes that the increase in state secrecy and its impact are part of a continuing shift in the relative distribution of power between state and subject in liberal democracies; a shift that signals a move to more repressive or authoritarian forms of rule.

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Dissertations / Theses on the topic "Detention of persons – Australia"

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McMaster, Don. "Detention, deterrence, discrimination : Australian refugee policy /." Title page, abstract and contents only, 1999. http://web4.library.adelaide.edu.au/theses/09PH/09phm167.pdf.

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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism." University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.

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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.

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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment." University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.

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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of

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Frank, Heather M. "Evaluating the effectiveness of an anger management program in a detention facility /." View online ; access limited to URI, 2007. http://0-digitalcommons.uri.edu.helin.uri.edu/dissertations/AAI3225317.

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Phillips, Kristen. "Immigration detention, containment fantasies and the gendering of political status in Australia." Curtin University of Technology, School of Communication and Cultural Studies, Faculty of Media Culture and Creative Arts, 2009. http://espace.library.curtin.edu.au:80/R/?func=dbin-jump-full&object_id=129031.

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This thesis is about border politics, in more than one sense. It looks at the recent period of anxiety about the control of Australian national borders (approximately, from the late 1990s until the 2007 Federal election), and attempts to understand how certain assumptions about women as potential reproductive bodies permeated biopolitical discourses in Australian national culture during this period. I employ the term ‘containment’ in order to make sense of this cultural moment. With reference to the work of theorists of modernity such as Michel Foucault and Zygmunt Bauman, I argue that containment is a key discourse in modern cultures—a way of thinking and speaking about confinement, control, management and order. It structures how we think about the management of populations and is a central part of the justification for the confinement of problem populations by modern political authorities. As such, then, it describes the ways in which the use of immigration detention for unlawful non-citizen asylum seekers has been thought about and accepted as reasonable in Australian national culture.
However, a discourse of containment has also been central to the thinking about gendered bodies in modernity, in particular to assumptions about the control of women’s bodies. The assumptions about the containment of women in the modern gender order are directly linked to ideas about political status, citizenship and sovereignty in modern nation-states. Drawing on Giorgio Agamben’s notion of ‘bare life’—the life that is excluded from the protections of citizenship and thus left unprotected from violence—I attempt to make sense of the connections between the immigration detention camp as a site where the modern state exerts control over the life of the nation, and that modern state’s attempts to control reproductive and reproducing bodies. The reducing of certain people to the status of bare life is, then, a gendered process. Women and men are stripped of political status in different ways because they are assumed to have, or potentially have, different kinds of political status.
I therefore consider how ideas about women as reproductive bodies were integral to the discourse and practices of containment which underpinned the use of immigration detention in Australia. These ideas were important at a number of levels. Firstly, ideas about women as reproductive bodies infused the thinking about national borders, border control and the management of national reproduction. Secondly, a racially inflected discourse about ‘women and children’ was of central importance in shaping the ways in which male and female asylum seekers in immigration detention were treated. In the techniques used to control and manage gendered asylum-seeking bodies, key modern assumptions about women as reproductive bodies, the family, sovereignty and violence are revealed. Furthermore, I argue that many popular culture texts which attempt to make sense of, or critique, Australian national border politics have reinforced the same gendered ideas about containment, the same naturalised assumptions about the reproduction of the nation, which underpinned exclusionist border politics and the use of immigration detention. Examining the intersection of gendered and national discourses of containment in national border politics reveals the gendered violence which infuses the modern social order.

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Fiske, Lucy. "Insider resistance : understanding refugee protest against immigration detention in Australia, 1999 – 2005." Thesis, Curtin University, 2012. http://hdl.handle.net/20.500.11937/440.

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Protests by detainees in Australia’s immigration detention centres made regular headline news between 1999 and 2005. Journalists interviewed government ministers, senior departmental officials, refugee advocates, mental health experts and many others. Only rarely were detainees able to speak directly for themselves and explain their own actions. The primary task of this research has been to reunite the words of former detainees with their actions. Through interviews with former detainees, alongside a broad range of secondary sources, such as government media releases, news reports, inquiry reports and court transcripts, this thesis presents an alternative record of protests and other events inside detention centres. Detainees’ thoughts, words and actions are outlined in thematic chapters addressing human rights and the human subject of human rights, power and resistance in detention, escapes and breakouts, hunger strike and riot.Testimony from former detainees confirms that despair was widespread within immigration detention centres. However, it also reveals a discursive struggle for reinstatement as rights bearing human beings. Detainees engaged in collective and individual critique of their position within Australian and global politics, of the flow of power within detention centres, of their public representation and of the risks and potential benefits of possible protest actions. Interviews with former detainees revealed a diverse political consciousness and both strategic and principled thinking which drove protest action. The interviews also uncovered important insights into the interplay of reason and emotion in resistance undertaken by those directly experiencing injustice.Hannah Arendt argued that becoming a refugee entails a loss of ‘the right to have rights,’ which amounts to an expulsion, not only from a political community, but from humanity itself. In this research, the work of Hannah Arendt is used to expose the ways in which Australia’s regime for responding to asylum seekers who arrive by boat strips people of their status as ‘full’ human beings and is therefore fundamentally dehumanising. The words and deeds of detainees however, extend Arendt’s work on human rights and support the argument that certain characteristics of ‘naked humanity,’ including thought, speech and action, cannot be removed and that detainees remained discursive agents throughout their period of detention. Detainees used critical and strategic understandings of power to engage in a struggle for restoration as rights bearing human beings.

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Browning, Julie. "States of exclusion : narratives from Australia's immigration detention centres, 1999-2003." University of Technology, Sydney. Faculty of Humanities and Social Sciences, 2006. http://hdl.handle.net/2100/441.

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This thesis interrogates immigration detention as a space of intricate ambivalence - one which seeks to exclude, but which is also entreated to protect. The focus is so-called ‘unauthorised’ asylum seekers detained both within Australia and offshore on the Pacific island of Nauru between 1999 and 2003 - when the numbers of detained asylum seekers reached its maximum and the government introduced offshore processing centres. Australia’s immigration detention regime sits awkwardly with the discourse of universal human rights and brings into sharp conflict two robust political values: the right of endangered people to seek refuge and the right of the nation to determine who will enter. Focusing on the experiences of detainees reveals immigration detention as a complex regime through which the state’s dominating power targets the stateless, non-white, male body. This targeting is intentional, serving to secure sovereign borders and to rearticulate the naturalised ties between the national population and the modern state. Immigration detention holds the seeker in a limbo that sets parameters for the seeker’s experience of ongoing and intensifying insecurity. It specifically and intentionally fractures the identity of detainees: masochistic actions and collective protests, from hunger strikes to breakouts, reflect the common currency of anxiety and violence. The creation of offshore camps was, in part, a response to ongoing protests within onshore detention and the failure of onshore detention to stop boat arrivals. My chief focus here is the largest Pacific camp, ‘Topside’, on the island of Nauru. Unlike the onshore detention centres where publicised protests and breakouts screamed of continuing detention of asylum seekers, those on Nauru were effectively silenced. The thesis explores purpose as inscribed within the body of the exile. To give up hope for asylum is to face the possibility of endless wandering and death. Mechanisms of resistance, whether explicit protest or more passive waiting, are parts of the continuing struggle by the detained against mechanisms of exclusion and exception. The detained carve out small openings to contest their exclusion and to reassert an identity as survivors. There is a complex and fluid interplay between such resistance and government policies aiming to silence protest and limit identity – and ultimately to deter all unauthorised boat arrivals.

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Nilsson, Ebony Grace. "The ‘Enemy Within’: Left-wing Soviet Displaced Persons in Australia." Thesis, University of Sydney, 2020. https://hdl.handle.net/2123/24375.

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In the wake of the Second World War, Soviet displaced persons (DPs) from Europe and Russians displaced from China were resettled across Western nations. Their migration coincided with the escalating geopolitical tensions of the early Cold War, which in an Australian context turned migrants of Soviet origin into potential ‘enemy aliens.’ Soviet DPs have generally been considered virulently anti-communist, as indeed many were. Others developed their anti-communist narratives as they negotiated displacement, emphasising beliefs which were expedient and keeping quiet about those that were not. But despite the pressures of the early Cold War, a minority of Soviet DPs actively engaged with left-wing politics after arriving in Australia. These DPs’ political activities resisted the Australian government’s expectations of migration assimilation. Their convictions oriented them back toward a Soviet homeland and resulted in dual loyalties which appeared dangerous in Cold War Australia. Thus, left-wing DPs negotiated not only politics, but state suspicion regarding their loyalties and the surveillance of the Australian Security Intelligence Organisation (ASIO). This dissertation reconstructs the political and social experiences of individual Soviet DPs throughout the processes of displacement and migration. Through biography and individual experience, it traces the development of politics across continents and the interactions with intelligence which resulted. I argue that despite the Australian state’s expectation that migrants would assimilate and develop loyalty (solely) to their new home, some DPs maintained their dual loyalties and orientation toward an ‘enemy’ homeland, co-existing with attitudes to Australia that ranged from alienation to acceptance.

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Sia, Lavina Si Xuan. "Suboptimal sleep among persons with a mental illness in Australia." Thesis, Sia, Lavina Si Xuan (2019) Suboptimal sleep among persons with a mental illness in Australia. Masters by Coursework thesis, Murdoch University, 2019. https://researchrepository.murdoch.edu.au/id/eprint/60869/.

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Background: Persons with a mental illness commonly report experiencing suboptimal sleep and several sociodemographic factors have been shown to be associated with suboptimal sleep. However, there is a lack of research exploring these in a representative sample of Australian adults, especially those with a mental illness. The present study aimed to (i) describe the prevalence of suboptimal sleep in a representative sample of Australian adults, categorised according to recently published sleep duration and quality guidelines (Hirshkowitz et al., 2015; Ohayon et al., 2017), and whether prevalence rates varied between persons with and without a mental illness; and (ii) examine associations between suboptimal sleep and sociodemographic factors and explore variations in such, according to mental health status. Method: A cross-sectional study was done using data from the National Social Survey (n = 1265) with a representative sample of Australian adults. Multivariable logistic regression analyses were used to investigate associations between various sociodemographic factors and suboptimal sleep parameters. Results: Findings showed that suboptimal sleep, in both duration and quality, affects a considerable proportion of Australian adults (5%-20%), and a significantly higher proportion of those with a mental illness (6%-39%). Consistent with previous research, sociodemographic characteristics associated with a greater likelihood of suboptimal sleep in persons without a mental illness include age, gender, marital status, employment, educational attainment, and Aboriginal and/or Torres Strait Islander status. For persons with a mental illness, males (OR = 3.82; p < 0.001), adults aged 18 to 65 (aged 18-24: OR =12.15, p < 0.05; aged 24-65: OR = 3.00; p < 0.001), and individuals with an unpaid employment (OR = 3.75; p < 0.05), were more likely to report experiencing suboptimal sleep. Conclusion: Understanding the prevalence of suboptimal sleep and sociodemographic variables associated with suboptimal sleep in persons with a mental illness can have both broader public health and clinical implications for assessment, screening and early intervention of subgroups that are more likely to report suboptimal sleep, given the bidirectional relationship between sleep and mental health. Keywords: Sleep; Prevalence rates; Mental illness; Sociodemographic characteristics

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Yu, Ping. "Administrative model v. adjudication model : the impact of administrative detention in the criminal process of the People's Republic of China /." Thesis, online access from Digital Dissertation Consortium access full-text, 2006. http://libweb.cityu.edu.hk/cgi-bin/er/db/ddcdiss.pl?3224316.

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Books on the topic "Detention of persons – Australia"

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1947-, Goddard Christopher R., and Latham Susie, eds. Human rights overboard: Seeking asylum in Australia. Carlton North, Vic: Scribe Publications, 2008.

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Australia. Attorney-General's Dept. Review Committee. Review of Commonwealth criminal law: Interim report : Detention before charge. Canberra: Australian Govt. Publishing Service, 1989.

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Australia. Parliament. House of Representatives. Standing Committee on Legal and Constitutional Affairs. Advisory report on International War Crimes Tribunal Bill 1994 and International War Crimes Tribunal (Consequential Amendments) Bill 1994. Canberra: The Committee, 1994.

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Committee, Australia Attorney-General's Dept Review. Review of Commonwealth Criminal Law: Fifth interim report, June 1991. Canberra: Australian Govt. Pub. Service, 1991.

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Committee, Australia Attorney-General's Dept Review. Review of Commonwealth criminal law: Interim report, Computer crime. Canberra: Australian Govt. Publishing Service, 1988.

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Frank, Brennan. Tampering with asylum: A universal humanitarian problem. St. Lucia, Qld: University of Queensland Press, 2007.

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Canada. Immigration and Refugee Board. Guidelines on detention: Backgrounder. Ottawa: Immigration and Refugee Board, 1998.

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Taylor, Natalie. Juveniles in detention in Australia, 1981-2007. Canberra: Australian Institute of Criminology, 2009.

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Taylor, Natalie. Juveniles in detention in Australia, 1981-2007. Canberra: Australian Institute of Criminology, 2009.

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Jessica, Anderson, Putt Judy, and Australian Institute of Criminology, eds. Missing persons in Australia. Canberra: Australian Institute of Criminology, 2008.

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Book chapters on the topic "Detention of persons – Australia"

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Mares, Sarah, and Anna Ziersch. "Immigration Detention Environments in Australia." In The Routledge Handbook on the Influence of Built Environments on Diverse Childhoods, 416–33. New York: Routledge, 2024. http://dx.doi.org/10.4324/9781003284406-34.

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Mackay, Anita. "Detention of children in Australia." In A Children’s Rights Assessment of Juvenile Detention in Australia, 15–38. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003399254-3.

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Nethery, Amy. "Punitive Bureaucracy: Restricting Visits to Australia’s Immigration Detention Centres." In Crimmigration in Australia, 305–25. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-9093-7_13.

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Grasso, Arianna. "The Australian Mandatory Detention Policy." In Digital Media and Refugeehood in Contemporary Australia, 1–25. Cham: Springer International Publishing, 2023. http://dx.doi.org/10.1007/978-3-031-24625-8_1.

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Nethery, Amy, and Cassandra Le Good. "Executive Control Over Immigration Detention Policy and Practice in Australia." In Immigration Detention and Social Harm, 196–216. New York: Routledge, 2024. http://dx.doi.org/10.4324/9781003370727-14.

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Tyulkina, Svetlana, and George Williams. "Combating terrorism in Australia through preventative detention orders." In Regulating Preventive Justice, 136–52. New York : Routledge, [2016]: Routledge, 2017. http://dx.doi.org/10.4324/9781315620978-8.

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Mackay, Anita. "Monitoring and oversight of youth detention in Australia." In A Children’s Rights Assessment of Juvenile Detention in Australia, 83–110. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003399254-6.

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Fleay, Caroline. "Bearing witness and the intimate economies of immigration detention centres in Australia." In Intimate Economies of Immigration Detention, 70–86. London; New York: Routledge, 2017.: Routledge, 2016. http://dx.doi.org/10.4324/9781315707112-5.

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Martin, Greg. "Turn the Detention Centre Inside Out: Challenging State Secrecy in Australia’s Offshore Processing of Asylum Seekers." In Crimmigration in Australia, 327–52. Singapore: Springer Singapore, 2019. http://dx.doi.org/10.1007/978-981-13-9093-7_14.

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Mackay, Anita. "Legal and policy framework for youth detention in Australia." In A Children’s Rights Assessment of Juvenile Detention in Australia, 55–82. London: Routledge, 2024. http://dx.doi.org/10.4324/9781003399254-5.

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Conference papers on the topic "Detention of persons – Australia"

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Pleić, Marija. "PROCEDURAL RIGHTS OF SUSPECTS AND ACCUSED PERSONS DURING PRE-TRIAL DETENTION – IMPACT OF DETENTION CONDITIONS ON EFFICIENT EXERCISE OF DEFENCE RIGHTS." In EU 2020 – lessons from the past and solutions for the future. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2020. http://dx.doi.org/10.25234/eclic/11914.

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Romei, Mark. "Post-Border Futures: Unconstructing Detention Architectures." In 2022 AIA/ACSA Intersections Research Conference. ACSA Press, 2022. http://dx.doi.org/10.35483/acsa.aia.inter.22.3.

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Building on both the knowledges of communities engaged in anti-detention activism and of the spatial practices and disciplines of architecture, this paper proposes that critical spatial practices can be utilised to resist and deconstruct carceral border policies, while also being a key tool to produce new forms of engagement with sites of detention.For the last 30 years Australia has adopted policies of indefinite and mandatory detention of undocumented migrants, which have resulted in a broad range of carceral spaces of immigration detention. Examining a key case study to reveal how spaces of border detention are constructed and maintained, this research uses the practice of architectural drawing and analysis to propose key spatial tools to further reveal the spatial effects of legal, spatial and political systems used to incarcerate racialized bodies at the border. The Park Hotel, which is located in Melbourne and was used as an adhoc immigration detention centre from 2020 to 2022, forms the central focus of this research. By documenting a series of spatial transformations applied to the windows of the hotel, this research examines a series of architectural modifications which were made to shift the function of the building, from a space of hospitality, to a space of detention. Through doing so, this research questions the potential for spatial analysis to provide new insights into legal and political understandings of the architecture of immigration detention, and provide tools to construct new equitable futures beyond border carcerality.

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Rasnačs, Lauris. "Komercķīlas regulējuma pilnveidošanas iespējas." In Latvijas Universitātes 81. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2023. http://dx.doi.org/10.22364/juzk.81.07.

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Although the regulation and very existence of commercial pledge as one of the types of registered pledge in Latvia have certain benefits for legal transactions and economy in general, several issues may be identified in respect to the commercial pledge regulations in Latvia. These issues are mainly related to attempts to avoid detention rights, which other persons may have over the property, which sometimes actually and sometimes allegedly is pledged to the other person under the commercial pledge, as well as uncertainties related to the scope of the pledged property. Within this article, the author analyses these issues and proposes solutions to them mainly in the form of several amendments to the Latvian Commercial Pledge Law (Komercķīlas likums).

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Vlašković, Veljko. "OSVRT NA PRAVA DECE SA INVALIDITETOM SA TEŽIŠTEM NA PRISTUP ZDRAVSTVENIM USLUGAMA." In XVII majsko savetovanje. Pravni fakultet Univerziteta u Kragujevcu, 2021. http://dx.doi.org/10.46793/uvp21.569v.

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It is no coincidence that the UN Convention on the Rights of Persons with Disabilities is the first international human rights treaty in the 21st century. The Convention seeks to amend the social and legal status of persons with disabilities, including children, in a revolutionary way. The main goal is to remove social barriers by adopting a social model of disability in recognizing and exercising the human rights of persons with disabilities on an equal basis with other persons. Therefore, it is understandable that the rules of earlier international human rights treaties, such as the UN Convention on the Rights of the Child or the European Convention on Human Rights, are beginning to be directly adjusted to the this Convention. From the aspect of recognition and exercising of the rights of children with disabilities, the issue of accessibility to health care services is especially important. It insists on the application of the principles of reasonable accommodation, accessibility and non-discrimination so that children with disabilities have access to health care facilities on an equal basis with other children. This implies significant involvement of the state, local community and family in order to remove social and infrastructural barriers. Furthermore, the UN Committee on the Rights of Persons with Disabilities calls for an absolute ban on the forced detention and placement of children in health care facilities, while there is a very negative attitude towards the care of children with disabilities in social protection institutions. In this regard, an amendment to the domestic Law on the Protection of Persons with Mental Disabilities is required. According to the social model of disability, the family environment with the appropriate and effective support of the local community is a necessary environment for the realization of the rights of children with disabilities. When it comes to the consent of a child with a disability to a medical treatment, it is necessary to determine the child's capability to form views, as in the case of other children. In that sense, the mentioned child should be provided with appropriate assistance and support to express his / her views. This support consists primarily in the way in which the child is informed about the proposed medical treatment.

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Reports on the topic "Detention of persons – Australia"

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Constantine, Skye. ‘Working ‘with’ homeless persons’: Consumer participation and homelessness services in Australia. The University of Queensland, April 2023. http://dx.doi.org/10.14264/fd796fd.

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Mehra, Tanya, Merlina Herbach, Devorah Margolin, and Austin C. Doctor. Trends in the Return and Prosecution of ISIS Foreign Terrorist Fighters in the United States. ICCT, August 2023. http://dx.doi.org/10.19165/2023.3.04.

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Approximately 300 Americans are estimated to have traveled or attempted to join the Islamic State (ISIS) as part of the group’s campaign in Syria and Iraq between 2013 and 2019. These individuals joined more than 53,000 men, women, and minors from roughly 80 countries. Often referred to as foreign (terrorist) fighters (FTF), these are individuals from third countries who travel to join a terrorist group to support its activities. In the United States (U.S.) context, the FTF designation does not denote the act of fighting itself, but rather the support of a designated foreign terrorist organization (FTO). While many of these radicalized individuals traveled alone to the conflict zone, others brought their families or formed new ones in-theater. As ISIS’ selfdeclared caliphate collapsed, many were killed, some fled to other locations, and many were captured and held by Kurdish forces. Men and some teenage boys were primarily placed in prisons, while women and minors were often moved into detention camps. Today, an estimated 10,000 male FTFs remain held in northeastern Syria including 2,000 men and boys from 60 countries outside Syria and Iraq (third country nationals, or TCNs). In addition, local camps hold close to 55,000 female FTF and FTF-affiliated family members, including roughly 10,000 TCN women and children. Some of these individuals have now been in detention for four years or more. The indefinite detention of FTF and FTF-affiliated families in northeastern Syria is not a tenable solution. In addition to clear humanitarian concerns, there is a significant security risk that the facilities’ inhabitants provide a groundswell of recruits to the still active ISIS campaign in the region. A 2022 U.S. military report puts it bluntly, “These children in the camp are prime targets for ISIS radicalization. The international community must work together to remove these children from this environment by repatriating them to their countries or communities of origin while improving conditions in the camp.” In lockstep, U.S. diplomatic leaders have made repatriation a policy priority empowered by a general domestic partisan consensus that the repatriation of FTF and FTF-affiliated families from northeastern Syria should be done expediently. Progress has been slow, while many Western nations were strongly resistant to bringing their detained citizens home, there is recent evidence for cautious optimism. Approximately 9,200 persons – including 2,700 TCNs and 6,500 Iraqis repatriated since 2019. This year, 13 countries have repatriated roughly 2,300 persons, including more than 350 TCNs. However, more work remains to be done. As of July 15, 2023, 39 U.S. persons have been officially repatriated, including both adults and minors. At least 11 additional U.S. persons have returned on their own accord, ten of whom remained in the U.S. following their return. Furthermore, the U.S. has made the decision to bring several non-U.S. persons to the U.S. to stand trial.

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Kerwin, Donald, Mark von Sternberg, Juan Osuna, Mary McClenahan, Alicia Triche, Helen Morris, and Tom Shea. The Needless Detention of Immigrants in the United States: Why Are We Locking Up Asylum-Seekers, Children, Stateless Persons, Long-Term Permanent Residents, and Petty Offenders? Catholic Legal Immigration Network, Inc., August 2000. http://dx.doi.org/10.14240/atriskreport4.

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Walmsley, Terrie, S. Amer Ahmed, and Christopher Parsons. The Impact of Liberalizing Labour Mobility in the Pacific Region. GTAP Working Paper, September 2005. http://dx.doi.org/10.21642/gtap.wp31.

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Due to the lack of political consensus at the previous General Agreement on Trade on Services (GATS), negotiations on the temporary movement of natural persons (Mode 4) have stagnated. However the recent labour shortages in several labour intensive sectors, particularly agriculture, in Australia and New Zealand has recently provoked a serious debate over the implementation of policies that would facilitate the supply and employment of guest workers. This paper implements a CGE model of bilateral migration flows (GMig2) to quantify the benefits of liberalizing GATS Mode 4 in the Pacific region. The results indicate that an increase in the labour forces of Australia and New Zealand from elsewhere within the Pacific region would raise welfare in Australia and New Zealand. However, the results also demonstrate that while the Pacific Islands economies could gain substantially from the movement of unskilled workers, the loss of scarce skilled workers could lead to significant declines in the welfare of those remaining, which could offset the gains from the movement of unskilled labour. Agreements regarding the movement of unskilled labour could therefore potentially constitute significant development policies which warrant further attention from policy makers. Keywords: Applied general equilibrium modeling, Pacific, GATS Mode 4, labour mobility, skill, and welfare.

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Barker, Ross, Isabella Buber-Ennser, Yen Thi Hai Nguyen, and Maria Rita Testa. THE IMPORTANCE OF FAMILY, LEISURE, WORK, AND FRIENDS. Verlag der Österreichischen Akademie der Wissenschaften, October 2023. http://dx.doi.org/10.1553/0x003e87d9.

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In this paper, we investigate the importance of various aspects of life—that is, the value of family, leisure, work, and friends distinguished by age and parenthood. Our data is from the European Values Study and World Values Survey, capturing 46 countries in Europe, East Asia, Latin America and Australia. We focus on persons in young and middle adulthood and examine the perceived importance of the four life domains Tin 2005–2009 and 2017–2019 and the changes over the roughly 10-year period. Our results show that family is most often regarded as important, followed by work, friends, and leisure. This hiearchary remained the same during the last decade. The descriptive results show an increase in the importance of family, friends, and leisure, with significant regional differences. Regionally, Southern Europe and East Asia have the most significant changes in values over the 10-year period. Differentiations by age and parity reveal that the associations of age and parity are weaker in 2017–2019 than in 2005–2009.

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Prysyazhnyi, Mykhaylo. UNIQUE, BUT UNCOMPLETED PROJECTS (FROM HISTORY OF THE UKRAINIAN EMIGRANT PRESS). Ivan Franko National University of Lviv, March 2021. http://dx.doi.org/10.30970/vjo.2021.50.11093.

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In the article investigational three magazines which went out after Second World war in Germany and Austria in the environment of the Ukrainian emigrants, is «Theater» (edition of association of artists of the Ukrainian stage), «Student flag» (a magazine of the Ukrainian academic young people is in Austria), «Young friends» (a plastoviy magazine is for senior children and youth). The thematic structure of magazines, which is inferior the association of different on age, is considered, by vital experience and professional orientation of people in the conditions of the forced emigration, paid regard to graphic registration of magazines, which, without regard to absence of the proper publisher-polydiene bases, marked structuralness and expressiveness. A repertoire of periodicals of Ukrainian migration is in the American, English and French areas of occupation of Germany and Austria after Second world war, which consists of 200 names, strikes the tipologichnoy vseokhopnistyu and testifies to the high intellectual level of the moved persons, desire of yaknaynovishe, to realize the considerable potential in new terms with hope on transference of the purchased experience to Ukraine. On ruins of Europe for two-three years the network of the press, which could be proud of the European state is separately taken, is created. Different was a period of their appearance: from odnogo-dvokh there are to a few hundred numbers, that it is related to intensive migration of Ukrainians to the USA, Canada, countries of South America, Australia. But indisputable is a fact of forming of conceptions of newspapers and magazines, which it follows to study, doslidzhuvati and adjust them to present Ukrainian realities. Here not superfluous will be an example of a few editions on the thematic range of which the names – «Plastun» specify, «Skob», «Mali druzi», «Sonechko», «Yunackiy shliah», «Iyzhak», «Lys Mykyta» (satire, humour), «Literaturna gazeta», «Ukraina і svit», «Ridne slovo», «Hrystyianskyi shliah», «Golos derzhavnyka», «Ukrainskyi samostiynyk», «Gart», «Zmag» (sport), «Litopys politviaznia», «Ukrains’ka shkola», «Torgivlia i promysel», «Gospodars’ko-kooperatyvne zhyttia», «Ukrainskyi gospodar», «Ukrainskyi esperantist», «Radiotehnik», «Politviazen’», «Ukrainskyi selianyn» Considering three riznovektorni magazines «Teatr» (edition of Association Mistciv the Ukrainian Stage), «Studentskyi prapor» (a magazine of the Ukrainian academic young people is in Austria), «Yuni druzi» (a plastoviy magazine is for senior children and youth) assert that maintenance all three magazines directed on creation of different on age and by the professional orientation of national associations for achievement of the unique purpose – cherishing and maintainance of environments of ukrainstva, identity, in the conditions of strange land. Without regard to unfavorable publisher-polydiene possibilities, absence of financial support and proper encouragement, release, followed the intensive necessity of concentration of efforts for achievement of primary purpose – receipt and re-erecting of the Ukrainian State.

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Premises - Commonwealth Bank of Australia - Post Office Agencies - Detention River Tasmania - late 1913. Reserve Bank of Australia, March 2022. http://dx.doi.org/10.47688/rba_archives_pn-014081.

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