Journal articles on the topic 'Law enforcement Victoria Melbourne'

Purpose The purpose for this paper is to share jurisdictional knowledge on local law-making theory and praxis, an area of law not well represented in the literature despite its involvement in day-to-day life. Design/methodology/approach The paper not only shares knowledge about the local law-making process in Melbourne, Australia, but also explores attitudes to local law-making gathered through semi-structured interviews from a sample of relevant stakeholders. Findings The paper reports on findings from a study undertaken in Melbourne, Australia. Stakeholder perceptions and attitudes were canvassed regarding local law-making in the areas of land use planning and waste management. Overall, stakeholders were satisfied that Melbourne is a robust jurisdiction offering a fair and transparent local law-making system, but they see scope for more public participation. Research limitations/implications The findings suggest that even though the state of Victoria offers a fair and transparent system of local law-making, there is still significant scope for more meaningful involvement from the community, as well as space for more effective enforcement of local laws. The stage is set for greater cross-jurisdictional reciprocal learning about local law-making between cities. Originality/value This paper offers meaningful and utilitarian insight for policy and law makers, academics and built environment professionals from relevant stakeholders on the operation and transparency of local law-making.

The diet of powerful owls (Ninox strenua) living at Christmas Hills, 35 km north-east of Melboume, was examined by analysis of 686 regurgitated pellets collected over two years. Mammalian prey was found in 89%, insects in 13%, vegetation in 11% and birds in 10% of the pellets. Of the mammals, common ringtail possums occurred most frequently in the pellets over the year. There was no seasonal difference in the frequency of occurrences of common ringtail possums and sugar gliders in pellets. However, common brushtail possums were more likely to be taken in spring than in the other seasons. More adult common ringtail possums were taken as prey than were other age classes over the year, except in summer when high numbers of young were consumed by the owls.

This article summarises the proceedings of the symposium held at Victoria University of Wellington in September 2004 to mark the tenth anniversary of the United Nations Convention on the Law of the Sea.The authors highlight the key themes of the symposium, basing their discussion on the five topics of maritime security, enforcement and compliance in fisheries law, Pacific regional issues, dispute resolution and the law of the sea, and future directions for the law of the sea.

Abstract In September 2018, the Federal Court of Australia found that a Victorian woman did not need her estranged husband’s consent to undergo in vitro fertilisation treatment (IVF) using donor sperm. The woman, who was 45 years of age, made an urgent application to the Court for permission to undergo IVF using donor sperm. In a single judge ruling, Griffiths J held that the requirement in the Assisted Reproductive Treatment Act 2008 (Vic) (‘ART Act’) for a married woman to obtain the consent of her husband discriminated against the woman in question on the basis of her marital status in contravention of the Commonwealth Sex Discrimination Act 1984 (Cth) (‘SD Act’). His Honour declared the Victorian law in this instance ‘invalid and inoperable’ by operation of section 109 of the Commonwealth Constitution to the extent it was inconsistent with the Commonwealth law. Although the declarations by the Federal Court were limited in their terms to the circumstances of the case, the judgment raises broader issues about equity of access to assisted reproductive treatment (ART) in Victoria. The issue of partner consent as a barrier to access to ART was specifically raised by an independent review of the ART Act in Victoria. The Victorian Government released an interim report late last year as a first stage of the review, which canvasses some options for reform. This raises a broader question as to whether prescriptive legislation imposing detailed access requirements for ART is necessary or even helpful.

Dr Felix Nobis is a senior lecturer with the Centre for Theatre and Performance at Monash University. He has worked as a professional actor for many years. He previously played an assistant to the Crown Prosecutor in the Australian television series, Janus, which was set in Melbourne, Victoria and based on the true story of a criminal family allegedly responsible for police shootings. He also played an advisor to a medical defence firm in the Australian television series MDA. He is a writer and professional storyteller. He has toured his one-person adaptation of Beowulf (2004) and one-person show Once Upon a Barstool (2006) internationally and has written on these experiences. His most recent work Boy Out of the Country (2016) is written in an Australian verse style and has just completed a tour of regional Victoria. Professor Gary Watt is an academic in the School of Law at the University of Warwick where his teaching includes advocacy and mooting. He also regularly leads rhetoric workshops at the Royal Shakespeare Company. He is the author of Dress, Law and Naked Truth (2013) and, most recently, Shakespeare’s Acts of Will: Law, Testament and Properties of Performance (2016), which explores rhetoric in law and theatre. He also co-wrote A Strange Eventful History, which he performed with Australian choral ensemble, The Song Company, to mark the 400th anniversary of Shakespeare’s death.

This article discusses the approach taken by Hong Kong courts to award indemnity costs against applicants who were unsuccessful in resisting enforcement of New York Convention awards. Under general principles, an indemnity costs order is penal in nature and is usually awarded in exceptional circumstances. In the case of A v. R, the High Court of Hong Kong held that the unsuccessful application to resist enforcement of an award warranted the indemnity costs order. This approach was justified on the basis of Hong Kong’s Civil Justice Reform (CJR) and its implications, and was given endorsement by Hong Kong’s Court of Appeal in a subsequent decision. Meanwhile, the Court of Appeal of the Supreme Court of Victoria, Australia, had considered, but rejected, the Hong Kong approach of awarding indemnity costs. This article questions whether applications in respect of Convention awards belong to a special class, compared to other civil applications to court, so that an indemnity costs order against the unsuccessful applicant should be the norm. It is argued that whilst the awarding of indemnity costs in such circumstances is controversial, it can nonetheless be justified based on the court’s ‘pro-enforcement’ bias in relation to Convention awards.

Problems associated with excessive alcohol consumption have prompted a range of legislative, regulatory and operational responses. One provision empowers licensees, in Australian jurisdictions such as Victoria and South Australia, to formally exclude patrons from their venues and the surrounding public area. The imposition of a licensee-barring order requires no demonstrable offence to be committed. No proof needs to be documented and the ban takes effect immediately. Non-compliance is subject to police enforcement and possible criminal breach proceedings. The process through which a barring order may be challenged can be ambiguous and time consuming, and the punishment is typically served regardless of the review outcome. However, limited data are available to enable assessment of the way in which barring orders are used. As such, this paper examines how licensee-barring orders extend to non-judicial and non-law enforcement officers an on-the-spot and pre-emptive power to punish. Yet, with no formal training, monitoring or meaningful oversight of their use, barring orders are open to abuse and constitute a summary power to punish that is opaque to scrutiny.

The criminal law with respect to rape continues to be a major focus of academic, feminist and community attention. Since the 1970s a number of reforms have been introduced into the statutes and procedures relating to the definition of rape and the conduct of rape cases in the courts. This paper reports on the results of a 1990 Melbourne study, involving first-hand observation and systematic written recording of the entire court proceedings in six rape trials. The intention was to examine the role extra-legal socio-cultural factors play in the presentation and interpretation of accounts given in court and the influence they have on the outcomes. The analysis explores in detail the influence of the following: use of physical force and resistance; alcohol; the victim's social, moral and particularly sexual character, and her relationship with the accused.

AbstractIn 1887 Qing Imperial Commissioners General Wong Yung Ho and U Tsing visited Melbourne as part of an investigative mission to enquire into the treatment of Chinese imperial subjects in Southeast Asia and the Australian colonies. In this article I suggest that the political ramifications of their visit should be understood in the context of the larger imperial and national contestations occurring in the colony of Victoria in the 1880s. White colonial assertions of the rights of self-government — argued in defiance of imperial power both British and Chinese — and Chinese appeals to international law were antagonistic, but mutually constitutive claims. The more Chinese community leaders and the Imperial Commissioners appealed to the primacy of international law, the more strident were white colonial invocations of a newly defined national interest couched in a republican discourse on national sovereignty defined as border protection.

The breeding biology of the bell miner (Manorina melanophrys, Meliphagidae) at a site 60 km east of Melbourne, Victoria, is described. Bell miners showed a clear seasonal pattern of nesting, moulting and development of brood patch. Increased food availability and number of helpers were not associated with increased nesting success. This is partially explained by increased predation on nests in colonies with more helpers. Growth rates of nestlings did not increase with increased number of helpers and habitat quality, although these variables may affect postfledging survival rates. Breeding females organised into neighbourhoods seemed to be able to synchronise nesting. Egg shape differed among females but egg size did not, although egg volume increased as the breeding season progressed.

This article presents empirical findings from a critical discourse analysis of institutional responses by the Catholic Church to clergy-child sexual abuse in Victoria, Australia. A sample of 28 documents, comprising 1,394 pages, is analysed in the context of the 2012-2013 Victorian Inquiry into the Handling of Child Abuse by Religious and Other Organisations. Sykes and Matza’s (1957) and Cohen’s (1993) techniques of, respectively, neutralisation and denial are used to reveal the Catholic Church’s Janus-faced responses to clergy-child sexual abuse and mandatory reporting requirements. Paradoxical tensions are observed between Catholic Canonical law and clerical practices, and the extent of compliance with secular law and referral of allegations to authorities. Concerns centre on Church secrecy, clerical defences of the confessional in justification of inaction, and the Melbourne Response compensation scheme. Our research findings underscore the need for greater Church transparency and accountability; we advocate for mandatory reporting law reform and institutional reform, including adjustments to the confessional ritual.

In many suburban parts of Australia the removal of snakes from private property by licenced snake catchers is employed to mitigate perceived risks to humans and their pets. The number of snakes translocated around greater Melbourne, Victoria, each year can be very high (at least many hundreds). However, the effects of translocation on the behaviour and welfare of individual snakes, and the impact on existing snake populations at release sites are unknown. We used radio-telemetry of ‘resident’ and translocated snakes to investigate the consequences of translocation on the spatial ecology of tiger snakes (Notechis scutatus) in a suburban parkland near Melbourne. Fourteen snakes (two female and four male residents, and four female and four male translocated snakes) implanted with radio-transmitters were tracked between spring 2002 and autumn 2003. Translocated snakes exhibited home ranges ~6 times larger than those of residents, although each group maintained core ranges of similar size. Translocated snakes travelled longer distances and were often located in residential areas adjacent to the park, whereas resident snakes were never located outside of the park.

An epidemiological study of the nematode parasites of the eastern grey kangaroo (M. giganteus) was made in an enclosed reserve north of Melbourne, Victoria, Australia. Adult and juvenile kangaroos were collected at approximately 6-weekly intervals and blood, faeces and the entire gastrointestinal tract was obtained. The nematodes present were Globocephaloides trifidospicularis, Rugopharynx australis, R. rosemariae, Pharyngostrongylus kappa, Cloacina spp., Strongyloides sp., Macropostrongylus baylisi, Paramacropostrongylus toraliformis, Alocostoma clelandi, Labiostrongylus spp., Macroponema comani and Macropoxyuris. The majority of nematodes had a seasonal fluctuation. Acquisition commenced in late summer and reached a peak in midwinter before declining in spring. G. trifidospicularis caused considerable mortality in juvenile kangaroos and there was a strong relationship between rising numbers of this species and falling plasma protein, haemoglobin concentration and haematocrit values. This species can cause heavy mortality in juvenile kangaroos in enclosed populations when winter feed is depleted and when the small animals with no fat reserves experience maximum cold stress. Other parasites present included Progamotaenia ewersi, P. festiva, P. macropodis, Triplotaenia fimbriata, T. undosa, Eimeria wilcanniensis, E. macropodis, E. hestermani and E. marsupialum.

This work takes compulsory helmet laws in Victoria and considers them from a new angle – namely that of someone living with a disability. While much has been written on mandatory helmet laws in terms of their broader societal implications, little has been done on their impact on society’s most vulnerable such as the disabled, the impecunious and the mentally impaired. Drawing on the author’s time at the Melbourne Magistrates’ Court as a framework, this article analyses the existing state of the law and provides a critique of its shortcomings – prosecuting the argument that existing legislation can have an unexpected impact upon the marginalised in our community, particularly those with a cognitive impairment.

Recently arrived older refugees in resettlement countries are a particularly vulnerable population who face many risks to their health and well‐being, and many challenges in accessing services. This paper reports on a project undertaken in Victoria, Australia to explore the needs of older people from 14 recently arrived refugee communities, and the barriers to their receiving health and aged care. Findings from consultations with community workers and service providers highlight the key issues of isolation, family conflict and mental illness affecting older refugees, and point to ways in which policy‐makers and service providers can better respond to these small but deserving communities.

We determined patterns of habitat selection in the winter–spring period by adult female eastern grey kangaroos (Macropus giganteus) at Yan Yean Reservoir Catchment near Melbourne, Victoria, during 1994–95. We assessed habitat selection at two levels by radio-tracking 11 adult female kangaroos. The 95% isopleth harmonic mean home-range size (mean = 62.3 ha) was the smallest recorded for female eastern grey kangaroos. No range encompassed all of the habitat types available in the study area, and the mix and rankings of habitats selected at this level varied amongst individuals when compared by compositional analysis with available habitats. Selection of habitats at the within-range level also varied among individuals and differed between night and day for many individuals, but not for the population mean. Individuals selected strongly for good foraging habitat within their ranges. In particular, grassy clearings were used by all individuals and were selected strongly by day, night or at both times.

ObjectiveThe aim of this study was to identify the challenges anticipated by clinical staff in two Melbourne health services in relation to the legalisation of voluntary assisted dying in Victoria, Australia. MethodsA qualitative approach was used to investigate perceived challenges for clinicians. Data were collected after the law had passed but before the start date for voluntary assisted dying in Victoria. This work is part of a larger mixed-methods anonymous online survey about Victorian clinicians’ views on voluntary assisted dying. Five open-ended questions were included in order to gather text data from a large number of clinicians in diverse roles. Participants included medical, nursing and allied health staff from two services, one a metropolitan tertiary referral health service (Service 1) and the other a major metropolitan health service (Service 2). The data were analysed thematically using qualitative description. ResultsIn all, 1086 staff provided responses to one or more qualitative questions: 774 from Service 1 and 312 from Service 2. Clinicians anticipated a range of challenges, which included burdens for staff, such as emotional toll, workload and increased conflict with colleagues, patients and families. Challenges regarding organisational culture, the logistics of delivering voluntary assisted dying under the specific Victorian law and how voluntary assisted dying would fit within the hospital’s overall work were also raised. ConclusionsThe legalisation of voluntary assisted dying is anticipated to create a range of challenges for all types of clinicians in the hospital setting. Clinicians identified challenges both at the individual and system levels. What is known about the topic?Voluntary assisted dying became legal in Victoria on 19 June 2019 under the Voluntary Assisted Dying Act 2017. However there has been little Victorian data to inform implementation. What does this paper add?Victorian hospital clinicians anticipate challenges at the individual and system levels, and across all clinical disciplines. These challenges include increased conflict, emotional burden and workload. Clinicians report concerns about organisational culture, the logistics of delivering voluntary assisted dying under the specific Victorian law and effects on hospitals’ overall work. What are the implications for practitioners?Careful attention to the breadth of staff affected, alongside appropriate resourcing, will be needed to support clinicians in the context of this legislative change.

<p>The Monash-Oakleigh Legal Service (MOLS) is a community legal service auspiced by Monash University, Melbourne Australia, and partly funded by Victoria Legal Aid. MOLS was principally established to provide practical legal education to Monash law students over 30 years ago, but has since evolved to focus also on serving community legal needs. Incorporated within MOLS is the Family Law Assistance Program (FLAP) which, as the name suggests, deals exclusively with family law matters. FLAP students attend the Family Court each week with lawyers who provide assistance to clients in a duty lawyer capacity, as well as operating four clinical sessions each week within MOLS.</p><p>Like many community legal services, most MOLS clients experience a form of disadvantage and resultant financial difficulty. Consequently, MOLS deals with a range of legal matters including: criminal law, family law, tenancy and neighbourhood disputes, and a number of credit, debt, and<br />bankruptcy issues.</p><p>In July 2010, the Multi-Disciplinary Clinic (MDC) was established at MOLS to provide a holistic service to clients by involving students from three academic disciplines to deal with client issues. Later, in December 2010 (the commencement of the university’s summer semester), students from one other discipline were included in FLAP and a third discipline was also adopted in the following semester.</p>

Purpose This paper is drawn from a larger study investigating community perceptions of police legitimacy in the Monash Local Government Area (LGA), in the Australian state of Victoria. Monash had seen declining results in the official government survey in the indicators that assessed police legitimacy over the preceding decade. The purpose of this paper is to explore the perceptions of both migrant and non-migrant participants to understand the role of migrant status in influencing assessments of police legitimacy in Monash LGA. Design/methodology/approach Through six focus groups, 18 interviews and one e-mail response with 31 individuals, perceptions of Victoria Police among the communities of Monash were collated and analysed. Findings One of the key findings of the study was that ethnic diversity and/or migrant status of community members were a key factor raised in response to questions about community perceptions of the legitimacy of Victoria Police in Monash LGA. Demographic change had been significant in Monash LGA over the preceding decade, including increasing ethnic diversity in the population and a shift in migration patterns from predominantly European to migrants from East and South Asia. In this paper, the authors suggest that the migrant status of Monash residents was a key factor that both migrant and non-migrant participants thought influenced perceptions of the police. Accordingly, because migrants make up a significant cohort of Australia’s population, we afford due attention to this previously overlooked topic. Practical implications The practical implications of this paper are as follows: existing Victoria Police partnerships in the Monash community should be continued and expanded where possible; Victoria Police should also prioritise partnerships with large, new migrant communities, for example, Monash’s Chinese communities; orientation for new migrants to Victoria around the criminal justice system, including Victoria Police, would help new migrants be more aware of their rights and what to expect of law enforcement in their new host country; police should continue to increase representation of ethnic diversity in the force via recruitment of greater numbers of ethnically diverse police members. Originality/value Although there have been previous Australian studies on migrant status as a factor in perceptions of criminal justice (see Murphy and Cherney, 2011, 2012; Hong Chui and Kwok-Yin Cheng, 2014), the paper identifies a distinct narrative around migrants’ views of Victoria Police which the authors believe warrant further investigation using an example from a local context. Furthermore, most research in this field has been quantitative. The current study provides additional new insights through an in-depth qualitative approach.

In the early morning of Saturday 22 September 2012 an Australian woman, Gillian ‘Jill’ Meagher, was reported missing after spending an evening out with work colleagues in suburban Brunswick (Melbourne, Victoria). Thousands of Australians followed the crime event as it unfolded via the mainstream news and online. On Sunday 23 September, a Facebook group ‘Help Us Find Jill Meagher’ was created, accumulating 90,000 followers in just four days, while the hashtags #jillmeagher and #meagher were two of the highest trending topics on Twitter across Australia. This article focuses on the social media narrative constructions of this crime: from Jill’s initial disappearance, to the identification of her alleged killer and discovery of her body, through to the street march held in her memory on Sunday 30 September 2012. Through a qualitative analysis of a Twitter dataset comprising over 7000 original tweets, the article explores meta-narratives of sexual victimisation, ‘risk’ and ‘safety’, as well as ‘digilantism’ and activism that characterised Australian Twitter users’ responses to this violent crime. In doing so, the article reflects on collective practices of meaning-making in response to public crime events that are enabled in a digital society.

Abstract ContextBird–aircraft collisions impose an economic cost and safety risk, yet ecological studies that inform bird hazard management are few, and to date no study has formally compared species’ strike profiles across airports. In response to strike risks, airports have implemented customised management on an airport-by-airport basis, based on the assumption that strike risk stems from prevailing local circumstances. We tested this assumption by comparing a decade of wildlife–aircraft strikes at three airports situated in the same bioregion (likely to have similar fauna) of Victoria, Australia. AimTo compare the assemblage of wildlife struck by aircraft at three major airports in the same bioregion. MethodStandardised wildlife strike data were analysed from three airports (Avalon, Melbourne and Essendon Airports), in the Victorian Volcanic Plains bioregion, central Victoria, Australia. Ten discrete 1-year sampling periods from each airport were compared, spanning the period 2009–19. Bird data were comparable, and data on mammals were considered less reliable, so emphasis was placed on birds in the present study. ResultsIn total, 580 bird strikes were analysed, with the most commonly struck species being Australian magpie (Cracticus tibicen; 16.7%), Eurasian skylark (Alauda arvensis; 12.2%), Australian pipit (Anthus australis; 12.1%), masked lapwing (Vanellus miles; 5.9%), nankeen kestrel (Falco cenchroides; 5.0%), house sparrow (Passer domesticus; 4.8%), welcome swallow (Hirundo neoxena; 4.3%) and tree martin (Petrochelidon nigricans; 4.0%). The assemblage of birds struck by aircraft over the decade of study differed between airports. The most commonly struck species drove the assemblage differences between airports. Conclusions and implicationsIn the present study system, airports experienced discrete strike risk profiles, even though they are in the same bioregion. The airports examined differed in terms of air traffic movement rates, aircraft types, landscape context and bird hazard management effort. Given that strike risks profiles differ among airports, customised management at each airport, as is currently the case, is supported.

This study investigates the diet of six breeding pairs of powerful owls in the Yarra Valley Corridor in Victoria, Australia, and compares prey consumption with prey availability. The six sites represent a continuum of habitats, ranging from urban Melbourne, through the urban fringe interface to a more forested landscape. We found that powerful owls in the Yarra Valley Corridor are reliant almost exclusively on arboreal marsupial prey as their preferred diet, with 99% of their overall diet comprising four arboreal marsupial species. These four species (the common ringtail possum, common brushtail possum, sugar glider and greater glider) were also the most abundant species observed while spotlighting; however, their abundance varied along the continuum. There was a strong positive relationship with the presence of these species in the diet and their site-specific availability, indicating that the powerful owl is a generalist hunter, preying on the most available prey at a given site and in a given season. This study suggests that food resources are high in these disturbed urban fringe sites and it is unlikely that food availability in urban environments will limit the potential survival of urban powerful owls.

Purpose Police play an essential role in reducing harms associated with family violence by identifying people at increased risk of physical or mental health-related harm and linking them with support services. Yet police are often poorly trained and resourced to conduct the kind of assessments necessary to identify family violence cases presenting with increased risk. The paper aims to discuss this issue. Design/methodology/approach This paper describes a multi-project collaboration between law enforcement, forensic mental health, and academia that has over three years worked to improve risk assessment and management of family violence by police in Victoria, Australia. Findings Evaluation of existing risk assessment instruments used by the state-wide police force showed they were ineffective in predicting future police reports of family violence (AUC=0.54-0.56). However, the addition of forensic psychology expertise to specialist family violence teams increased the number of risk management strategies implemented by police, and suggested that the Brief Spousal Assault Form for the Evaluation of Risk assessment instrument may be appropriate for use by Australian police (AUC=0.63). Practical implications The practical implications of this study are as follows: police risk assessment procedures should be subject to independent evaluation to determine whether they are performing as intended; multidisciplinary collaboration within police units can improve police practice; drawing on expertise from agencies external to police offers a way to improve evidence-based policing, and structured professional judgement risk assessment can be used in policing contexts with appropriate training and support. Originality/value The paper describes an innovative collaboration between police, mental health, and academia that is leading to improved police practices in responding to family violence. It includes data from the first evaluation of an Australian risk assessment instrument for family violence, and describes methods of improving police systems for responding to family violence.

The involvement in crime of some young Sudanese-born Victorians has received sustained public attention in recent years. The media coverage of these occurrences has been extensive, with some outlets criticised for sensationalist reporting and prejudiced undertones. A range of views were held across the commentariat including, for example, the notion that Sudanese-Victorian criminal involvement has been overstated; that some level of justice over-representation was inevitable due to the demographics of Sudanese-born Victorians, which skew young and male (i.e. the demographic hypothesis); and that offending rates may be associated with heightened law enforcement responses following a high-profile criminal incident in March 2016 that received protracted media coverage and political commentary (i.e. the racial-profiling hypothesis). This paper sought to address these contentions by (i) examining the offending rates of both young and adult males across three cultural sub-groups (i.e. Sudanese-born, Indigenous Australian, Australian-born) across several offending categories between 2015 and 2018 and (ii) exploring the impact of a high-profile criminal incident in March 2016, on the offending rates of Sudanese-born Victorians. Offending rates were calculated using offender incident data from the Victorian Crime Statistics Agency and population estimates from the Australian Bureau of Statistics Census data. Findings indicate that Sudanese-born individuals figure prominently in both youth and adult offending categories relative to other major cultural sub-groups. Rates for ‘crimes against the person’ were especially pronounced for Sudanese-born youth and significantly higher than rates for crimes more subject to police discretion (i.e. public order offences). The ‘demographic hypothesis’ did not hold for the specified age range of 10 to 17 years. An increase in offending was observed post-March 2016 across two offending categories for Sudanese-born Victorians. Findings are contextualised within.

Objective: Discussions of capacity to consent in mental health care usually revolve around capacity to consent to treatment. This paper instead explores the issue of capacity to consent to sexual activity in a mental health inpatient setting as a way of exploring capacity from a different perspective. This is not a purely theoretical exercise, with both consensual sexual activity and sexual assault commonplace in mental health inpatient units, current policy and practice approaches are clearly not working and require re-examination. Methods: Four key frameworks are explored: human rights law, mental health law, the criminal law and the law of tort governing the duty of care. These frameworks are explored by highlighting relevant case law and statutes and considering their potential application in practice. This is undertaken using the state of Victoria, Australia, as a case study. Results: The four frameworks are shown to be consistent with each other but inconsistent with contemporary policy. All four legal frameworks explored require clinicians to take a case-by-case assessment to ensure that a person’s right to make their own decisions is preserved ‘ unless the contrary is demonstrably justified’ or where it is ‘ legally demanded’. While Victorian inpatient units attempt to enforce a blanket ban on consensual sexual activity in inpatient settings, this ban may be without legal basis and may be in breach of both human rights and mental health law. Conclusion: In policing the lawful bodily interactions of their patients and pushing sexual activity out of sight, clinicians may be breaching their duty of care to provide sexual health support and risk creating an environment in which the therapeutic relationship will be sacrificed to the enforcement of institutional policy. Clinicians and policymakers must understand the relevant legal frameworks to ensure that they are acting ethically and lawfully.

The following article is a revised and expanded version of lectures delivered by the author at the Victoria University of Wellington School of Law and the Faculty of Law, University of Auckland in October, 2014 as the New Zealand Law Foundation's International Dispute Resolution Visiting Scholar. The author posits that the mounting global preoccupation with mediation, resulting in a proliferating array of institutions, programmes, laws and regulations; an international "evangelical" movement; and growing impetus for an international convention promoting the recognition and enforcement of mediated settlement agreements, should be accompanied by our collective reflection, dialogue and discernment regarding where we have come to and where we are going. He urges active discussion and deliberation on a host of questions and concerns, including (1) our fundamental understanding of the nature and practice of mediation; (2) the impact of lawyers on mediation, and the appropriate interplay between client and counsel in making process choices; (3) the influence of culture and of legal traditions; (4) the interplay between the facilitation of settlement and processes of adjudication; (5) the potential impact of mediation on the rendition of justice. This conversation should be augmented by an assessment of current mega-trends – the challenges and opportunities presented by information technology, neuropsychology, the mining of big data, and initiatives aimed at institutionalising or professionalising mediation. Finally, there should be a new examination of heretofore-unfulfilled opportunities, such as the "upstream" (that is, early and pre-litigation) use of skills and insights gleaned from our experience with mediation for the purpose of sustaining and improving relationships.

Women’s police stations are a distinctive innovation that emerged in postcolonial nations of the global south in the second half of the twentieth century to address violence against women. This article presents the results of a world-first study of the unique way that these stations, called Comisaría de la Mujer, prevent gender-based violence in the Province of Buenos Aires, Argentina. One in five police stations in this Province was established with a mandate of preventing gender violence. Little is currently known about how this distinctive multidisciplinary model of policing (which includes social workers, lawyers, psychologists and police) widens access to justice to prevent gender violence. This article compares the model’s virtues and limitations to traditional policing models. We conclude that specialised women’s police stations in the postcolonial societies of the global south increase access to justice, empower women to liberate themselves from the subjection of domestic violence and prevent gender violence by challenging patriarchal norms that sustain it. As a by-product, these women’s police stations also offer women in the global south a career in law enforcement—one that is based on a gender perspective. The study is framed by southern criminology, which reverses the notion that ideas, policies and theories can only travel from the anglophone world of the global north to the global south. The article has been kindly translated into Spanish by one of the authors María Victoria Puyol - and can be viewed in both English and Spanish Cómo las Comisarias de la Mujer empoderan a las mujeres, amplían el acceso a la justicia y previenen la violencia de género

The use of poison baiting in Australia to control foxes is impractical in urban areas and some wildlife reserves because of hazards to non-target animals. More acceptable methods of fox control in such environments are needed. Cabergoline is a dopamine agonist that has previously been demonstrated to have an abortifacient effect in cats (Felis catus) and dogs (Canis familiaris). The prolactin-inhibiting action of cabergoline may also result in cessation of lactation. Cabergoline has been shown to be completely palatable to foxes and is easily incorporated into a non-poisonous bait. The ability of bait-delivered cabergoline to effect the birth of viable fox cubs was tested in urban Melbourne and rural Bendigo, Victoria. A sample of 51 natal dens were chosen for this study on the basis that they had been active for 3 consecutive years (1991-93). 30 treatment dens were randomly selected and each treated once during August and again during September 1994 with 8 non-poisonous Foxoff baits containing 170 micro g of cabergoline and 200 mg of tetracycline to act as a biomarker. The remaining 21 dens were used as controls. Baits were randomly placed by burial within a 50-m radius of the den. Activity of all dens was assessed until December 1994 for direct/indirect signs of fox cubs. Bait uptake was >88% overall for the treatment dens. The resulting incidence of cubs was significantly lower in the treatment dens than in the controls. The potential for cabergoline to be used in urban areas and island populations as an adjunct to conventional control methods is discussed.

PurposeThe purpose of this paper is to investigate the effect of encounters on police legitimacy and levels of trust in the police in the Monash Local Government Area in the state of Victoria, Australia. Monash was chosen as it had experienced declining results in the official National Survey of Community Satisfaction with Policing in relation to police legitimacy and trust.Design/methodology/approachA qualitative case study comprising 18 interviews and six focus groups with community representatives from Monash is employed in the paper.FindingsWhen procedural justice approaches are applied during encounters between the police and the public, encounters contribute to securing legitimacy for the police. Contact between the police and the public in everyday situations also enhances trust in the police, depending on the way the police conduct themselves during such interactions.Research limitations/implicationsFindings from a qualitative case study are not able to be widely generalised but the conclusions are still useful for informing insights into processes impacting police legitimacy and trust.Practical implicationsContributes to informing evidence-based police practice around the way police conduct themselves during community interactions; informs policy decisions around allocation of funding for law enforcement with more officers required to carry out community policing; emphasises the importance of prioritising partnerships with communities; demonstrates that positive police/community relations have wider social cohesion implications in a contemporary era of counter-terrorism priorities.Originality/valueThe majority of research in this field to date has been quantitative. A qualitative approach provides fresh insights into the mechanisms of police legitimacy, especially the role of encounters and procedural justice.

Melbourne Water Corporation has two large anaerobic lagoons at the Western Treatment Plant (WTP), Werribee, Victoria, Australia. The lagoons are covered using numerous sheets of high-density polyethylene (HDPE) geomembranes to prevent the emission of odorous gases and to harness biogas as a source of renewable energy. Some of the content of raw sewage can accumulate and form into a solid mass (called “scum”). The development of a large body of solid scum that rises to the surface of the lagoon (called “scumbergs”) deforms the covers and may affect its structural integrity. Currently, there is no method able to effectively “see-through” the opaque covers to define the spread of the scum underneath the cover. Hence, this paper investigates a new quasi-active thermal imaging method that uses ambient solar radiation to determine the extent of the solid matter under the geomembrane. This method was devised by using infrared thermography and a pyranometer to constantly monitor the transient temperature response of the HDPE geomembrane using the time varying ambient solar radiation. Newton’s cooling law is implemented to define the resultant cooling constants. The results of laboratory-scale tests demonstrate the capability of the quasi-active thermography to identify the presence and the extent of solid matter under the cover. This paper demonstrates, experimentally, the importance of measuring the surface temperature of the cover and solar intensity profiles to obtain the cooling process when during variations in solar intensity during normal sunrise, sunset, daily transitioning from morning–afternoon–evening and cloud cover events. The timescale associated with these events are different and the results show that these daily transient temperature cycles of the geomembranes can be used to detect the extent of the accumulation of solid matter underneath the geomembrane. The conclusions from this work will be further developed for field trials to practically monitor the growth in the extent of the scum under the floating covers in WTP with the ambient solar energy.

2018 Annual Michael Kirby Justice Oration by Professor the Hon Gareth Evans AC QC, Chancellor of the Australian National University, College of Law and Justice, Victoria University, Melbourne, 26 September 2018

The 2019 Michael Kirby Justice Oration was delivered on 27 August 2019 by the High Commissioner for the United Kingdom at the College of Law & Justice, Victoria University, Melbourne. What follows is an edited transcript. Note: Full text for this item will be available shortly.

This article presents findings from a qualitative research project into organized crime, policing and security across five major seaports (‘Portvilles’): Genoa (Italy); Melbourne (Australia); Montreal (Canada); New York (USA); and Liverpool (UK). Through content analysis of confidential judicial files, the article will construct the offenders’ scenarios and options for importing drugs in Portville. Through also interviews with law enforcement agencies, police forces and security staff in these seaports, the article presents the policing and security struggles to disrupt importations. The main finding is that importation roles and security techniques change constantly and quickly, as in a game of Pac-Man. Security and policing in seaports lead to the dilution and fragmentation of drug importation, and only distribution tends to remain organized in Portville. In this chaotic environment, it is the rules of trade that affect the success of drug importations the most, rather than the failures of effective security and policing.

Abstract Punishment avoidance occurs when a person commits an offence but is not punished for it. The aim of this article was to explore how young drivers experience punishment avoidance. New drivers aged between 17 and 25 years participated in 11 focus groups held in both metropolitan and regional areas in two Australian states: Queensland and Victoria. Thematic analysis identified that young drivers experience punishment avoidance in one of three ways. First, they can attempt to actively avoid punishment by engaging in deliberate actions to circumvent policing activities. Secondly, they can experience either direct or vicarious punishment avoidance of police enforcement. An example of this would be ‘talking their way out of a ticket’ after they had been caught by a police officer. Finally, their parents may help them avoid punishment by, for instance, paying the traffic fine on their child’s behalf. This article increases our understanding of how punishment avoidance occurs in practice.

As a response to alcohol-related disorderly behaviours, the use of exclusion has expanded steadily across Australian jurisdictions but with minimal analysis of its effects. Bans, from public or private locations, are typically imposed summarily and presumed to be a meaningful deterrent to future problematic behaviours. The formalisation of licensee banning powers has created a civilianised police-enforceable power to punish by exclusion. In Victoria, the legislative framing of licensee barring order provisions precludes formal monitoring of their use. This article reports findings from interviews conducted with recipients. The conceptual and situational value of barring orders are acknowledged, but their capacity to act as a tangible deterrent or effective agent for behaviour change is far from conclusive. Barring orders constitute a civilianised summary power, which currently operates without scrutiny or accountability. Implications for the operational legitimacy of barring powers emerge from this study, in addition to broader considerations with respect to compliance, enforcement, oversight, and the importance of developing and examining alcohol policies through a gendered lens.

Nation states increasingly apply electronic surveillance techniques to combat serious and organised crime after broadening and deepening their national security agendas. Covertly obtained recordings from telephone interception and listening devices of conversations related to suspected criminal activity in Languages Other Than English (LOTE) frequently contain jargon and/or code words. Community translators and interpreters are routinely called upon to transcribe intercepted conversations into English for evidentiary purposes. This paper examines the language capabilities of community translators and interpreters undertaking this work for law enforcement agencies in the Australian state of Victoria. Using data collected during the observation of public court trials, this paper presents a detailed analysis of Vietnamese-to-English translated transcripts submitted as evidence by the Prosecution in drug-related criminal cases. The data analysis reveals that translated transcripts presented for use as evidence in drug-related trials contain frequent and significant errors. However, these discrepancies are difficult to detect in the complex environment of a court trial without the expert skills of an independent discourse analyst fluent in both languages involved. As a result, trials tend to proceed without the reliability of the translated transcript being adequately tested.

Special Care Notice This paper discusses trauma and violence inflicted upon the Indigenous peoples of Tasmania through the process of colonisation. Content within this paper may be distressing to some readers. Introduction The decimation of the First Peoples of Van Diemen’s Land (now Tasmania) was systematic and swift. First Contact was an emotionally, intellectually, physically, and spiritually confronting series of encounters for the Indigenous inhabitants. There were, according to some early records, a few examples of peaceful interactions (Morris 84). Yet, the inevitable competition over resources, and the intensity with which colonists pursued their “claims” for food, land, and water, quickly transformed amicable relationships into hostile rivalries. Jennifer Gall has written that, as “European settlement expanded in the late 1820s, violent exchanges between settlers and Aboriginal people were frequent, brutal and unchecked” (58). Indeed, the near-annihilation of the original custodians of the land was, if viewed through the lens of time, a process that could be described as one that was especially efficient. As John Morris notes: in 1803, when the first settlers arrived in Van Diemen’s Land, the Aborigines had already inhabited the island for some 25,000 years and the population has been estimated at 4,000. Seventy-three years later, Truganinni, [often cited as] the last Tasmanian of full Aboriginal descent, was dead. (84) Against a backdrop of extreme violence, often referred to as the Black War (Clements 1), there were some, admittedly dubious, efforts to contain the bloodshed. One such effort, in the late 1820s, was the production, and subsequent distribution, of a set of Proclamation Boards. Approximately 100 Proclamation Boards (the Board) were introduced by the Lieutenant Governor of the day, George Arthur (after whom Port Arthur on the Tasman Peninsula is named). The purpose of these Boards was to communicate, via a four-strip pictogram, to the Indigenous peoples of the island colony that all people—black and white—were considered equal under the law. “British Justice would protect” everyone (Morris 84). This is reflected in the narrative of the Boards. The first image presents Indigenous peoples and colonists living peacefully together. The second, and central, image shows “a conciliatory handshake between the British governor and an Aboriginal ‘chief’, highly reminiscent of images found in North America on treaty medals and anti-slavery tokens” (Darian-Smith and Edmonds 4). The third and fourth images depict the repercussions for committing murder, with an Indigenous man hanged for spearing a colonist and a European man also hanged for shooting an Aborigine. Both men executed under “gubernatorial supervision” (Turnbull 53). Image 1: Governor Davey's [sic - actually Governor Arthur's] Proclamation to the Aborigines, 1816 [sic - actually c. 1828-30]. Image Credit: Mitchell Library, State Library of NSW (Call Number: SAFE / R 247). The Board is an interesting re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of images on the bark of trees. Such trees, often referred to as scarred trees, are rare in modern-day Tasmania as “the expansion of settlements, and the impact of bush fires and other environmental factors” resulted in many of these trees being destroyed (Aboriginal Heritage Tasmania online). Similarly, only a few of the Boards, inspired by these trees, survive today. The Proclamation Board was, in the 1860s, re-imagined as the output of a different Governor: Lieutenant Governor Davey (after whom Port Davey, on the south-west coast of Tasmania is named). This re-imagining of the Board’s creator was so effective that the Board, today, is popularly known as Governor Davey’s Proclamation to the Aborigines. This paper outlines several other re-imaginings of this Board. In addition, this paper offers another, new, re-imagining of the Board, positing that this is an early “pamphlet” on crime, justice and punishment which actually presents as a pre-cursor to the modern Australian true crime tale. In doing so this work connects the Proclamation Board to the larger genre of crime fiction. One Proclamation Board: Two Governors Labelled Van Diemen’s Land and settled as a colony of New South Wales in 1803, this island state would secede from the administration of mainland Australia in 1825. Another change would follow in 1856 when Van Diemen’s Land was, in another process of re-imagining, officially re-named Tasmania. This change in nomenclature was an initiative to, symbolically at least, separate the contemporary state from a criminal and violent past (Newman online). Tasmania’s violent history was, perhaps, inevitable. The island was claimed by Philip Gidley King, the Governor of New South Wales, in the name of His Majesty, not for the purpose of building a community, but to “prevent the French from gaining a footing on the east side of that island” and also to procure “timber and other natural products, as well as to raise grain and to promote the seal industry” (Clark 36). Another rationale for this land claim was to “divide the convicts” (Clark 36) which re-fashioned the island into a gaol. It was this penal element of the British colonisation of Australia that saw the worst of the British Empire forced upon the Aboriginal peoples. As historian Clive Turnbull explains: the brutish state of England was reproduced in the English colonies, and that in many ways its brutishness was increased, for now there came to Australia not the humanitarians or the indifferent, but the men who had vested interests in the systems of restraint; among those who suffered restraint were not only a vast number who were merely unfortunate and poverty-stricken—the victims of a ‘depression’—but brutalised persons, child-slaughterers and even potential cannibals. (Turnbull 25) As noted above the Black War of Tasmania saw unprecedented aggression against the rightful occupants of the land. Yet, the Aboriginal peoples were “promised the white man’s justice, the people [were] exhorted to live in amity with them, the wrongs which they suffer [were] deplored” (Turnbull 23). The administrators purported an egalitarian society, one of integration and peace but Van Diemen’s Land was colonised as a prison and as a place of profit. So, “like many apologists whose material benefit is bound up with the systems which they defend” (Turnbull 23), assertions of care for the health and welfare of the Aboriginal peoples were made but were not supported by sufficient policies, or sufficient will, and the Black War continued. Colonel Thomas Davey (1758-1823) was the second person to serve as Lieutenant Governor of Van Diemen’s Land; a term of office that began in 1813 and concluded in 1817. The fourth Lieutenant Governor of the island was Colonel Sir George Arthur (1784-1854); his term of office, significantly longer than Davey’s, being from 1824 to 1836. The two men were very different but are connected through this intriguing artefact, the Proclamation Board. One of the efforts made to assert the principle of equality under the law in Van Diemen’s Land was an outcome of work undertaken by Surveyor General George Frankland (1800-1838). Frankland wrote to Arthur in early 1829 and suggested the Proclamation Board (Morris 84), sometimes referred to as a Picture Board or the Tasmanian Hieroglyphics, as a tool to support Arthur’s various Proclamations. The Proclamation, signed on 15 April 1828 and promulgated in the The Hobart Town Courier on 19 April 1828 (Arthur 1), was one of several notices attempting to reduce the increasing levels of violence between Indigenous peoples and colonists. The date on Frankland’s correspondence clearly situates the Proclamation Board within Arthur’s tenure as Lieutenant Governor. The Board was, however, in the 1860s, re-imagined as the output of Davey. The Clerk of the Tasmanian House of Assembly, Hugh M. Hull, asserted that the Board was the work of Davey and not Arthur. Hull’s rationale for this, despite archival evidence connecting the Board to Frankland and, by extension, to Arthur, is predominantly anecdotal. In a letter to the editor of The Hobart Mercury, published 26 November 1874, Hull wrote: this curiosity was shown by me to the late Mrs Bateman, neé Pitt, a lady who arrived here in 1804, and with whom I went to school in 1822. She at once recognised it as one of a number prepared in 1816, under Governor Davey’s orders; and said she had seen one hanging on a gum tree at Cottage Green—now Battery Point. (3) Hull went on to assert that “if any old gentleman will look at the picture and remember the style of military and civil dress of 1810-15, he will find that Mrs Bateman was right” (3). Interestingly, Hull relies upon the recollections of a deceased school friend and the dress codes depicted by the artist to date the Proclamation Board as a product of 1816, in lieu of documentary evidence dating the Board as a product of 1828-1830. Curiously, the citation of dress can serve to undermine Hull’s argument. An early 1840s watercolour by Thomas Bock, of Mathinna, an Aboriginal child of Flinders Island adopted by Lieutenant Governor John Franklin (Felton online), features the young girl wearing a brightly coloured, high-waisted dress. This dress is very similar to the dresses worn by the children on the Proclamation Board (the difference being that Mathinna wears a red dress with a contrasting waistband, the children on the Board wear plain yellow dresses) (Bock). Acknowledging the simplicity of children's clothing during the colonial era, it could still be argued that it would have been unlikely the Governor of the day would have placed a child, enjoying at that time a life of privilege, in a situation where she sat for a portrait wearing an old-fashioned garment. So effective was Hull’s re-imagining of the Board’s creator that the Board was, for many years, popularly known as Governor Davey’s Proclamation to the Aborigines with even the date modified, to 1816, to fit Davey’s term of office. Further, it is worth noting that catalogue records acknowledge the error of attribution and list both Davey and Arthur as men connected to the creation of the Proclamation Board. A Surviving Board: Mitchell Library, State Library of New South Wales One of the surviving Proclamation Boards is held by the Mitchell Library. The Boards, oil on Huon pine, were painted by “convict artists incarcerated in the island penal colony” (Carroll 73). The work was mass produced (by the standards of mass production of the day) by pouncing, “a technique [of the Italian Renaissance] of pricking the contours of a drawing with a pin. Charcoal was then dusted on to the drawing” (Carroll 75-76). The images, once outlined, were painted in oil. Of approximately 100 Boards made, several survive today. There are seven known Boards within public collections (Gall 58): five in Australia (Mitchell Library, State Library of NSW, Sydney; Museum Victoria, Melbourne; National Library of Australia, Canberra; Tasmanian Museum and Art Gallery, Hobart; and Queen Victoria Museum and Art Gallery, Launceston); and two overseas (The Peabody Museum of Archaeology and Ethnology, Harvard University and the Museum of Archaeology and Ethnology, University of Cambridge). The catalogue record, for the Board held by the Mitchell Library, offers the following details:Paintings: 1 oil painting on Huon pine board, rectangular in shape with rounded corners and hole at top centre for suspension ; 35.7 x 22.6 x 1 cm. 4 scenes are depicted:Aborigines and white settlers in European dress mingling harmoniouslyAboriginal men and women, and an Aboriginal child approach Governor Arthur to shake hands while peaceful soldiers look onA hostile Aboriginal man spears a male white settler and is hanged by the military as Governor Arthur looks onA hostile white settler shoots an Aboriginal man and is hanged by the military as Governor Arthur looks on. (SAFE / R 247) The Mitchell Library Board was purchased from J.W. Beattie in May 1919 for £30 (Morris 86), which is approximately $2,200 today. Importantly, the title of the record notes both the popular attribution of the Board and the man who actually instigated the Board’s production: “Governor Davey’s [sic – actually Governor Arthur] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30].” The date of the Board is still a cause of some speculation. The earlier date, 1828, marks the declaration of martial law (Turnbull 94) and 1830 marks the Black Line (Edmonds 215); the attempt to form a human line of white men to force many Tasmanian Aboriginals, four of the nine nations, onto the Tasman Peninsula (Ryan 3). Frankland’s suggestion for the Board was put forward on 4 February 1829, with Arthur’s official Conciliator to the Aborigines, G.A. Robinson, recording his first sighting of a Board on 24 December 1829 (Morris 84-85). Thus, the conception of the Board may have been in 1828 but the Proclamation project was not fully realised until 1830. Indeed, a news item on the Proclamation Board did appear in the popular press, but not until 5 March 1830: We are informed that the Government have given directions for the painting of a large number of pictures to be placed in the bush for the contemplation of the Aboriginal Inhabitants. […] However […] the causes of their hostility must be more deeply probed, or their taste as connoisseurs in paintings more clearly established, ere we can look for any beneficial result from this measure. (Colonial Times 2) The remark made in relation to becoming a connoisseur of painting, though intended to be derogatory, makes some sense. There was an assumption that the Indigenous peoples could easily translate a European-styled execution by hanging, as a visual metaphor for all forms of punishment. It has long been understood that Indigenous “social organisation and religious and ceremonial life were often as complex as those of the white invaders” (McCulloch 261). However, the Proclamation Board was, in every sense, Eurocentric and made no attempt to acknowledge the complexities of Aboriginal culture. It was, quite simply, never going to be an effective tool of communication, nor achieve its socio-legal aims. The Board Re-imagined: Popular Media The re-imagining of the Proclamation Board as a construct of Governor Davey, instead of Governor Arthur, is just one of many re-imaginings of this curious object. There are, of course, the various imaginings of the purpose of the Board. On the surface these images are a tool for reconciliation but as “the story of these paintings unfolds […] it becomes clear that the proclamations were in effect envoys sent back to Britain to exhibit the ingenious attempts being applied to civilise Australia” (Carroll 76). In this way the Board was re-imagined by the Administration that funded the exercise, even before the project was completed, from a mechanism to assist in the bringing about of peace into an object that would impress colonial superiors. Khadija von Zinnenburg Carroll has recently written about the Boards in the context of their “transnational circulation” and how “objects become subjects and speak of their past through the ventriloquism of contemporary art history” (75). Carroll argues the Board is an item that couples “military strategy with a fine arts propaganda campaign” (Carroll 78). Critically the Boards never achieved their advertised purpose for, as Carroll explains, there were “elaborate rituals Aboriginal Australians had for the dead” and, therefore, “the display of a dead, hanging body is unthinkable. […] being exposed to the sight of a hanged man must have been experienced as an unimaginable act of disrespect” (92). The Proclamation Board would, in sharp contrast to feelings of unimaginable disrespect, inspire feelings of pride across the colonial population. An example of this pride being revealed in the selection of the Board as an object worthy of reproduction, as a lithograph, for an Intercolonial Exhibition, held in Melbourne in 1866 (Morris 84). The lithograph, which identifies the Board as Governor Davey’s Proclamation to the Aborigines and dated 1816, was listed as item 572, of 738 items submitted by Tasmania, for the event (The Commissioners 69-85). This type of reproduction, or re-imagining, of the Board would not be an isolated event. Penelope Edmonds has described the Board as producing a “visual vernacular” through a range of derivatives including lantern slides, lithographs, and postcards. These types of tourist ephemera are in addition to efforts to produce unique re-workings of the Board as seen in Violet Mace’s Proclamation glazed earthernware, which includes a jug (1928) and a pottery cup (1934) (Edmonds online). The Board Re-imagined: A True Crime Tale The Proclamation Board offers numerous narratives. There is the story that the Board was designed and deployed to communicate. There is the story behind the Board. There is also the story of the credit for the initiative which was transferred from Governor Arthur to Governor Davey and subsequently returned to Arthur. There are, too, the provenance stories of individual Boards. There is another story the Proclamation Board offers. The story of true crime in colonial Australia. The Board, as noted, presents through a four-strip pictogram an idea that all are equal under the rule of law (Arthur 1). Advocating for a society of equals was a duplicitous practice, for while Aborigines were hanged for allegedly murdering settlers, “there is no record of whites being charged, let alone punished, for murdering Aborigines” (Morris 84). It would not be until 1838 that white men would be punished for the murder of Aboriginal people (on the mainland) in the wake of the Myall Creek Massacre, in northern New South Wales. There were other examples of attempts to bring about a greater equity under the rule of law but, as Amanda Nettelbeck explains, there was wide-spread resistance to the investigation and charging of colonists for crimes against the Indigenous population with cases regularly not going to trial, or, if making a courtroom, resulting in an acquittal (355-59). That such cases rested on “legally inadmissible Aboriginal testimony” (Reece in Nettelbeck 358) propped up a justice system that was, inherently, unjust in the nineteenth century. It is important to note that commentators at the time did allude to the crime narrative of the Board: when in the most civilized country in the world it has been found ineffective as example to hang murderers in chains, it is not to be expected a savage race will be influenced by the milder exhibition of effigy and caricature. (Colonial Times 2) It is argued here that the Board was much more than an offering of effigy and caricature. The Proclamation Board presents, in striking detail, the formula for the modern true crime tale: a peace disturbed by the act of murder; and the ensuing search for, and delivery of, justice. Reinforcing this point, are the ideas of justice seen within crime fiction, a genre that focuses on the restoration of order out of chaos (James 174), are made visible here as aspirational. The true crime tale does not, consistently, offer the reassurances found within crime fiction. In the real world, particularly one as violent as colonial Australia, we are forced to acknowledge that, below the surface of the official rhetoric on justice and crime, the guilty often go free and the innocent are sometimes hanged. Another point of note is that, if the latter date offered here, of 1830, is taken as the official date of the production of these Boards, then the significance of the Proclamation Board as a true crime tale is even more pronounced through a connection to crime fiction (both genres sharing a common literary heritage). The year 1830 marks the release of Australia’s first novel, Quintus Servinton written by convicted forger Henry Savery, a crime novel (produced in three volumes) published by Henry Melville of Hobart Town. Thus, this paper suggests, 1830 can be posited as a year that witnessed the production of two significant cultural artefacts, the Proclamation Board and the nation’s first full-length literary work, as also being the year that established the, now indomitable, traditions of true crime and crime fiction in Australia. Conclusion During the late 1820s in Van Diemen’s Land (now Tasmania) a set of approximately 100 Proclamation Boards were produced by the Lieutenant Governor of the day, George Arthur. The official purpose of these items was to communicate, to the Indigenous peoples of the island colony, that all—black and white—were equal under the law. Murderers, be they Aboriginal or colonist, would be punished. The Board is a re-imagining of one of the traditional methods of communication for Indigenous peoples; the leaving of drawings on the bark of trees. The Board was, in the 1860s, in time for an Intercolonial Exhibition, re-imagined as the output of Lieutenant Governor Davey. This re-imagining of the Board was so effective that surviving artefacts, today, are popularly known as Governor Davey’s Proclamation to the Aborigines with the date modified, to 1816, to fit the new narrative. The Proclamation Board was also reimagined, by its creators and consumers, in a variety of ways: as peace offering; military propaganda; exhibition object; tourism ephemera; and contemporary art. This paper has also, briefly, offered another re-imagining of the Board, positing that this early “pamphlet” on justice and punishment actually presents a pre-cursor to the modern Australian true crime tale. The Proclamation Board tells many stories but, at the core of this curious object, is a crime story: the story of mass murder. Acknowledgements The author acknowledges the Palawa peoples: the traditional custodians of the lands known today as Tasmania. The author acknowledges, too, the Gadigal people of the Eora nation upon whose lands this paper was researched and written. The author extends thanks to Richard Neville, Margot Riley, Kirsten Thorpe, and Justine Wilson of the State Library of New South Wales for sharing their knowledge and offering their support. The author is also grateful to the reviewers for their careful reading of the manuscript and for making valuable suggestions. ReferencesAboriginal Heritage Tasmania. “Scarred Trees.” Aboriginal Cultural Heritage, 2012. 12 Sep. 2015 ‹http://www.aboriginalheritage.tas.gov.au/aboriginal-cultural-heritage/archaeological-site-types/scarred-trees›.Arthur, George. “Proclamation.” The Hobart Town Courier 19 Apr. 1828: 1.———. Governor Davey’s [sic – actually Governor Arthur’s] Proclamation to the Aborigines, 1816 [sic – actually c. 1828-30]. Graphic Materials. Sydney: Mitchell Library, State Library of NSW, c. 1828-30.Bock, Thomas. Mathinna. Watercolour and Gouache on Paper. 23 x 19 cm (oval), c. 1840.Carroll, Khadija von Zinnenburg. 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Canberra: National Museum of Australia, 1934.McCulloch, Samuel Clyde. “Sir George Gipps and Eastern Australia’s Policy toward the Aborigine, 1838-46.” The Journal of Modern History 33.3 (1961): 261–69.Morris, John. “Notes on a Message to the Tasmanian Aborigines in 1829, popularly called ‘Governor Davey’s Proclamation to the Aborigines, 1816’.” Australiana 10.3 (1988): 84–7.Nettelbeck, Amanda. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Newman, Terry. “Tasmania, the Name.” Companion to Tasmanian History, 2006. 16 Sep. 2015 ‹http://www.utas.edu.au/library/companion_to_tasmanian_history/T/Tasmania%20name.htm›.Reece, Robert H.W., in Amanda Nettelbeck. “‘Equals of the White Man’: Prosecution of Settlers for Violence against Aboriginal Subjects of the Crown, Colonial Western Australia.” Law and History Review 31.2 (2013): 355–90.Ryan, Lyndall. “The Black Line in Van Diemen’s Land: Success or Failure?” Journal of Australian Studies 37.1 (2013): 3–18.Savery, Henry. 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“There is nothing more public than privacy.” (Berlant and Warner, Sex) How did it come to this? How did it happen that a one-off, two-hour event at a public swimming pool in a suburb of outer Melbourne ignited international hate mail and generated media-fanned political anguish and debate about the proper use of public spaces? In 2010, women who attend a women’s only swim session on Sunday evenings at the Dandenong Oasis public swimming pool asked the pool management and the local council for permission to celebrate the end of Ramadan at the pool during the time of their regular swim session. The request was supported by the pool managers and the council and promoted by both as an opportunity for family and friends to get together in a spirit of multicultural learning and understanding. Responding to criticisms of the event as an unreasonable claim on public facilities by one group, the Mayor of the City of Greater Dandenong, Jim Memeti, rejected claims that this event discriminates against non-Muslim residents of the suburb. But here’s the rub. The event, to be held after hours at the pool, requires all participants older than ten years of age to follow a dress code of knee-length shorts and T-shirts. This is a suburban moment that is borne of but exceeds the local. It reflects and responds to a contemporary global conundrum of great political and theoretical significance—how to negotiate and govern the relations between multiculturalism, religion, gender, sexual freedom, and democracy. Specifically this event speaks to how multicultural democracy in the public sphere negotiates the public presence and expression of different cultural and religious frameworks related to gender and sexuality. This is demanding political stuff. Situated in the messy political and theoretical terrains of the relation between public space and the public sphere, this local moment called for political judgement about how cultural differences should be allowed to manifest in and through public space, giving consideration to the potential effects of these decisions on an inclusive multicultural democracy. The local authorities in Dandenong engaged in an admirable process of democratic labour as they puzzled over how to make decisions that were responsible and equitable, in the absence of a rulebook or precedents for success. Ultimately however this mode of experimental decision-making, which will become increasingly necessary to manage such predicaments in the future, was foreclosed by unwarranted and unhelpful media outrage. "Foreclosed" here stresses the preemptive nature of the loss; a lost opportunity for trialing approaches to governing cultural diversity that may fail, but might then be modified. It was condemned in advance of either success or failure. The role of the media rather than the discomfort of the local publics has been decisive in this event.This Multicultural SuburbDandenong is approximately 30 kilometres southeast of central Melbourne. Originally home to the Bunorong People of the Kulin nation, it was settled by pastoralists by the 1800s, heavily industrialised during the twentieth century, and now combines cultural diversity with significant social disadvantage. The City of Greater Dandenong is proud of its reputation as the most culturally and linguistically diverse municipality in Australia. Its population of approximately 138,000 comprises residents from 156 different language groups. More than half (56%) of its population was born overseas, with 51% from nations where English is not the main spoken language. These include Vietnam, Cambodia, Sri Lanka, India, China, Italy, Greece, Bosnia and Afghanistan. It is also a place of significant religious diversity with residents identifying as Buddhist (15 per cent) Muslim (8 per cent), Hindu (2 per cent) and Christian (52 per cent) [CGD]. Its city logo, “Great Place, Great People” evokes its twin pride in the placemaking power of its diverse population. It is also a brazen act of civic branding to counter its reputation as a derelict and dangerous suburb. In his recent book The Bogan Delusion, David Nichols cites a "bogan" website that names Dandenong as one of Victoria’s two most bogan areas. The other was Moe. (p72). The Sunday Age newspaper had already depicted Dandenong as one of two excessively dangerous suburbs “where locals fear to tread” (Elder and Pierik). The other suburb of peril was identified as Footscray.Central Dandenong is currently the site of Australia’s largest ever state sponsored Urban Revitalisation program with a budget of more than $290 million to upgrade infrastructure, that aims to attract $1billion in private investment to provide housing and future employment.The Cover UpIn September 2010, the Victorian and Civil and Administrative Appeals Tribunal (VCAT) granted the YMCA an exemption from the Equal Opportunity Act to allow a dress code for the Ramadan event at the Oasis swimming pool that it manages. The "Y" sees the event as “an opportunity for the broader community to learn more about Ramadan and the Muslim faith, and encourages all members of Dandenong’s diverse community to participate” (YMCA Ramadan). While pool management and the municipal council refer to the event as an "opening up" of the closed swimming session, the media offer a different reading of the VCAT decision. The trope of the "the cover up" has framed most reports and commentaries (Murphy; Szego). The major focus of the commentaries has not been the event per se, but the call to dress "appropriately." Dress codes however are a cultural familiar. They exist for workplaces, schools, nightclubs, weddings, racing and sporting clubs and restaurants, to name but a few. While some of these codes or restrictions are normatively imposed rather than legally required, they are not alien to cultural life in Australia. Moreover, there are laws that prohibit people from being meagerly dressed or naked in public, including at beaches, swimming pools and so on. The dress code for this particular swimming pool event was, however, perceived to be unusual and, in a short space of time, "unusual" converted to "social threat."Responses to media polls about the dress code reveal concerns related to the symbolic dimensions of the code. The vast majority of those who opposed the Equal Opportunity exemption saw it as the thin edge of the multicultural wedge, a privatisation of public facilities, or a denial of the public’s right to choose how to dress. Tabloid newspapers reported on growing fears of Islamisation, while the more temperate opposition situated the decision as a crisis of human rights associated with tolerating illiberal cultural practices. Julie Szego reflects this view in an opinion piece in The Age newspaper:the Dandenong pool episode is neither trivial nor insignificant. It is but one example of human rights laws producing outcomes that restrict rights. It raises tough questions about how far public authorities ought to go in accommodating cultural practices that sit uneasily with mainstream Western values. (Szego)Without enquiring into the women’s request and in the absence of the women’s views about what meaning the event held for them, most media commentators and their electronically wired audiences treated the announcement as yet another alarming piece of evidence of multicultural failure and the potential Islamisation of Australia. The event raised specific concerns about the double intrusion of cultural difference and religion. While the Murdoch tabloid Herald Sun focused on the event as “a plan to force families to cover up to avoid offending Muslims at a public event” (Murphy) the liberal Age newspaper took a more circumspect approach, reporting on its small vox pop at the Dandenong pool. Some people here referred to the need to respect religions and seemed unfazed by the exemption and the event. Those who disagreed thought it was important not to enforce these (dress) practices on other people (Carey).It is, I believe, significant that several employees of the local council informed me that most of the opposition has come from the media, people outside of Dandenong and international groups who oppose the incursion of Islam into non-Islamic settings. Opposition to the event did not appear to derive from local concern or opposition.The overwhelming majority of Herald Sun comments expressed emphatic opposition to the dress code, citing it variously as unAustralian, segregationist, arrogant, intolerant and sexist. The Herald Sun polled readers (in a self-selecting and of course highly unrepresentative on-line poll) asking them to vote on whether or not they agreed with the VCAT exemption. While 5.52 per cent (512 voters) agreed with the ruling, 94.48 per cent (8,760) recorded disagreement. In addition, the local council has, for the first time in memory, received a stream of hate-mail from international anti-Islam groups. Muslim women’s groups, feminists, the Equal Opportunity Commissioner and academics have also weighed in. According to local reports, Professor of Islamic Studies at the University of Melbourne, Shahram Akbarzadeh, considered the exemption was “nonsense” and would “backfire and the people who will pay for it will be the Muslim community themselves” (Haberfield). He repudiated it as an example of inclusion and tolerance, labeling it “an effort of imposing a value system (sic)” (Haberfield). He went so far as to suggest that, “If Tony Abbott wanted to participate in his swimwear he wouldn’t be allowed in. That’s wrong.” Tasneem Chopra, chairwoman of the Islamic Women’s Welfare Council and Sherene Hassan from the Islamic Council of Victoria, both expressed sensitivity to the group’s attempt to establish an inclusive event but would have preferred the dress code to be a matter of choice rather coercion (Haberfield, "Mayor Defends Dandenong Pool Cover Up Order"). Helen Szoke, the Commissioner of the Victorian Equal Opportunity and Human Rights Commission, defended the pool’s exemption from the Law that she oversees. “Matters such as this are not easy to resolve and require a balance to be achieved between competing rights and obligations. Dress codes are not uncommon: e.g., singlets, jeans, thongs etc in pubs/hotels” (in Murphy). The civil liberties organisation, Liberty Victoria, supported the ban because the event was to be held after hours (Murphy). With astonishing speed this single event not only transformed the suburban swimming pool to a theatre of extra-local disputes about who and what is entitled to make claims on public space and publically funded facilities, but also fed into charged debates about the future of multiculturalism and the vulnerability of the nation to the corrosive effects of cultural and religious difference. In this sense suburbs like Dandenong are presented as sites that not only generate fear about physical safety but whose suburban sensitivities to its culturally diverse population represent a threat to the safety of the nation. Thus the event both reflects and produces an antipathy to cultural difference and to the place where difference resides. This aversion is triggered by and mediated in this case through the figure, rather than the (corpo)reality, of the Muslim woman. In this imagining, the figure of the Muslim woman is assigned the curious symbolic role of "cultural creep." The debates around the pool event is not about the wellbeing or interests of the Muslim women themselves, nor are broader debates about the perceived, culturally-derived restrictions imposed on Muslim women living in Australia or other western countries. The figure of the Muslim woman is, I would argue, simply the ground on which the debates are held. The first debate relates to social and public space, access to which is considered fundamental to freedom and participatory democracy, and in current times is addressed in terms of promoting inclusion, preventing exclusion and finding opportunities for cross cultural encounters. The second relates not to public space per se, but to the public sphere or the “sphere of private people coming together as a public” for political deliberation (Habermas 21). The literature and discussions dealing with these two terrains have remained relatively disconnected (Low and Smith) with public space referring largely to activities and opportunities in the socio-cultural domain and the public sphere addressing issues of politics, rights and democracy. This moment in Dandenong offers some modest leeway for situating "the suburb" as an ideal site for coalescing these disparate discussions. In this regard I consider Iveson’s provocative and productive question about whether some forms of exclusions from suburban public space may actually deepen the democratic ideals of the public sphere. Exclusions may in such cases be “consistent with visions of a democratically inclusive city” (216). He makes his case in relation to a dispute about the exclusion of men exclusion from a women’s only swimming pool in the Sydney suburb of Coogee. The Dandenong case is similarly exclusive with an added sense of exclusion generated by an "inclusion with restrictions."Diversity, Difference, Public Space and the Public SphereAs a prelude to this discussion of exclusion as democracy, I return to the question that opened this article: how did it come to this? How is it that Australia has moved from its renowned celebration and pride in its multiculturalism so much in evidence at the suburban level through what Ghassan Hage calls an “unproblematic” multiculturalism (233) and what others have termed “everyday multiculturalism” (Wise and Velayutham). Local cosmopolitanisms are often evinced through the daily rituals of people enjoying the ethnic cuisines of their co-residents’ pasts, and via moments of intercultural encounter. People uneventfully rub up against and greet each other or engage in everyday acts of kindness that typify life in multicultural suburbs, generating "reservoirs of hope" for democratic and cosmopolitan cities (Thrift 147). In today’s suburbs, however, the “Imperilled Muslim women” who need protection from “dangerous Muslim men” (Razack 129) have a higher discursive profile than ethnic cuisine as the exemplar of multiculturalism. Have we moved from pleasure to hostility or was the suburban pleasure in racial difference always about a kind of “eating the other” (bell hooks 378). That is to ask whether our capacity to experience diversity positively has been based on consumption, consuming the other for our own enrichment, whereas living with difference entails a commitment not to consumption but to democracy. This democratic multicultural commitment is a form of labour rather than pleasure, and its outcome is not enrichment but transformation (although this labour can be pleasurable and transformation might be enriching). Dandenong’s prized cultural precincts, "Little India" and the "Afghan bazaar" are showcases of food, artefacts and the diversity of the suburb. They are centres of pleasurable and exotic consumption. The pool session, however, requires one to confront difference. In simple terms we can think about ethnic food, festivals and handicrafts as cultural diversity, and the Muslim woman as cultural difference.This distinction between diversity and difference is useful for thinking through the relation between multiculturalism in public space and multicultural democracy of the public sphere. According to the anthropologist Thomas Hylland Eriksen, while a neoliberal sensibility supports cultural diversity in the public space, cultural difference is seen as a major cause of social problems associated with immigrants, and has a diminishing effect on the public sphere (14). According to Eriksen, diversity is understood as aesthetic, or politically and morally neutral expressions of culture that are enriching (Hage 118) or digestible. Difference, however, refers to morally objectionable cultural practices. In short, diversity is enriching. Difference is corrosive. Eriksen argues that differences that emerge from distinct cultural ideas and practices are deemed to create conflicts with majority cultures, weaken social solidarity and lead to unacceptable violations of human rights in minority groups. The suburban swimming pool exists here at the boundary of diversity and difference, where the "presence" of diverse bodies may enrich, but their different practices deplete and damage existing culture. The imperilled Muslim woman of the suburbs carries a heavy symbolic load. She stands for major global contests at the border of difference and diversity in three significant domains, multiculturalism, religion and feminism. These three areas are positioned simultaneously in public space and of the public sphere and she embodies a specific version of each in this suburban setting. First, there a global retreat from multiculturalism evidenced in contemporary narratives that describe multiculturalism (both as official policy and unofficial sensibility) as failed and increasingly ineffective at accommodating or otherwise dealing with religious, cultural and ethnic differences (Cantle; Goodhart; Joppke; Poynting and Mason). In the UK, Europe, the US and Australia, popular media sources and political discourses speak of "parallel lives,"immigrant enclaves, ghettoes, a lack of integration, the clash of values, and illiberal cultural practices. The covered body of the Muslim woman, and more particularly the Muslim veil, are now read as visual signs of this clash of values and of the refusal to integrate. Second, religion has re-emerged in the public domain, with religious groups and individuals making particular claims on public space both on the basis of their religious identity and in accord with secular society’s respect for religious freedom. This is most evident in controversies in France, Belgium and Netherlands associated with banning niqab in public and other religious symbols in schools, and in Australia in court. In this sense the covered Muslim woman raises concerns and indignation about the rightful place of religion in the public sphere and in social space. Third, feminism is increasingly invoked as the ground from which claims about the imperilled Muslim woman are made, particularly those about protecting women from their dangerous men. The infiltration of the Muslim presence into public space is seen as a threat to the hard won gains of women’s freedom enjoyed by the majority population. This newfound feminism of the public sphere, posited by those who might otherwise disavow feminism, requires some serious consideration. This public discourse rarely addresses the discrimination, violation and lack of freedom experienced systematically on an everyday basis by women of majority cultural backgrounds in western societies (such as Australia). However, the sexism of racially and religiously different men is readily identified and decried. This represents a significant shift to a dubious feminist register of the public sphere such that: “[w]omen of foreign origin, ...more specifically Muslim women…have replaced the traditional housewife as the symbol of female subservience” (Tissot 41–42).The three issues—multiculturalism, religion and feminism—are, in the Dandenong pool context, contests about human rights, democracy and the proper use of public space. Szego’s opinion piece sees the Dandenong pool "cover up" as an example of the conundrum of how human rights for some may curtail the human rights of others and lead us into a problematic entanglement of universal "rights," with claims of difference. In her view the combination of human rights and multiculturalism in the case of the Dandenong Pool accommodates illiberal practices that put the rights of "the general public" at risk, or as she puts it, on a “slippery slope” that results in a “watering down of our human rights.” Ideas that entail women making a claim for private time in public space are ultimately not good for "us."Such ideas run counter to the West's more than 500-year struggle for individual freedom—including both freedom of religion and freedom from religion—and for gender equality. Our public authorities ought to be pushing back hardest when these values are under threat. Yet this is precisely where they've been buckling under pressure (Szego)But a different reading of the relation between public and private space, human rights, democracy and gender freedom is readily identifiable in the Dandenong event—if one looks for it. Living with difference, I have already suggested, is a problem of democracy and the public sphere and does not so easily correspond to consuming diversity, as it demands engagement with cultural difference. In what remains, I explore how multicultural democracy in the public sphere and women’s rights in public and private realms relate, firstly, to the burgeoning promise of democracy and civility that might emerge in public space through encounter and exchange. I also point out how this moment in Dandenong might be read as a singular contribution to dealing with this global problematic of living with difference; of democracy in the public sphere. Public urban space has become a focus for speculation among geographers and sociologists in particular, about the prospects for an enhanced civic appreciation of living with difference through encountering strangers. Random and repetitious encounters with people from all cultures typify contemporary urban life. It remains an open question however as to whether these encounters open up or close down possibilities for conviviality and understanding, and whether they undo or harden peoples’ fears and prejudices. There is, however, at least in some academic and urban planning circles, some hope that the "throwntogetherness" (Massey) and the "doing" of togetherness (Laurier and Philo) found in the multicultural city may generate some lessons and opportunities for developing a civic culture and political commitment to living with difference. Alongside the optimism of those who celebrate the city, the suburb, and public spaces as forging new ways of living with difference, there are those such as Gill Valentine who wonder how this might be achieved in practice (324). Ash Amin similarly notes that city or suburban public spaces are not necessarily “the natural servants of multicultural engagement” (Ethnicity 967). Amin and Valentine point to the limited or fleeting opportunities for real engagement in these spaces. Moreover Valentine‘s research in the UK revealed that the spatial proximity found in multicultural spaces did not so much give rise to greater mutual respect and engagement, but to a frustrated “white self-segregation in the suburbs.” She suggests therefore that civility and polite exchange should not be mistaken for respect (324). Amin contends that it is the “micro-publics” of social encounters found in workplaces, schools, gardens, sports clubs [and perhaps swimming pools] rather than the fleeting encounters of the street or park, that offer better opportunities for meaningful intercultural exchange. The Ramadan celebration at the pool, with its dress code and all, might be seen more fruitfully as a purposeful event engaging a micro-public in which people are able to “break out of fixed relations and fixed notions” and “learn to become different” (Amin, Ethnicity 970) without that generating discord and resentment.Micropublics, Subaltern Publics and a Democracy of (Temporary) ExclusionsIs this as an opportunity to bring the global and local together in an experiment of forging new democratic spaces for gender, sexuality, culture and for living with difference? More provocatively, can we see exclusion and an invitation to share in this exclusion as a precursor to and measure of, actually existing democracy? Painter and Philo have argued that democratic citizenship is questionable if “people cannot be present in public spaces (streets, squares, parks, cinemas, churches, town halls) without feeling uncomfortable, victimized and basically ‘out of place’…" (Iveson 216). Feminists have long argued that distinctions between public and private space are neither straightforward nor gender neutral. For Nancy Fraser the terms are “cultural classifications and rhetorical labels” that are powerful because they are “frequently deployed to delegitimate some interests, views and topics and to valorize others” (73). In relation to women and other subordinated minorities, the "rhetoric of privacy" has been historically used to restrict the domain of legitimate public contestation. In fact the notion of what is public and particularly notions of the "public interest" and the "public good" solidify forms of subordination. Fraser suggests the concept of "subaltern counterpublics" as an alternative to notions of "the public." These are discursive spaces where groups articulate their needs, and demands are circulated formulating their own public sphere. This challenges the very meaning and foundational premises of ‘the public’ rather than simply positing strategies of inclusion or exclusion. The twinning of Amin’s notion of "micro-publics" and Fraser’s "counterpublics" is, I suggest, a fruitful approach to interpreting the Dandenong pool issue. It invites a reading of this singular suburban moment as an experiment, a trial of sorts, in newly imaginable ways of living democratically with difference. It enables us to imagine moments when a limited democratic right to exclude might create the sorts of cultural exchanges that give rise to a more authentic and workable recognition of cultural difference. I am drawn to think that this is precisely the kind of democratic experimentation that the YMCA and Dandenong Council embarked upon when they applied for the Equal Opportunity exemption. I suggest that by trialing, rather than fixing forever a "critically exclusive" access to the suburban swimming pool for two hours per year, they were in fact working on the practical problem of how to contribute in small but meaningful ways to a more profoundly free democracy and a reworked public sphere. In relation to the similar but distinct example of the McIver pool for women and children in Coogee, New South Wales, Kurt Iveson makes the point that such spaces of exclusion or withdrawal, “do not necessarily serve simply as spaces where people ‘can be themselves’, or as sites through which reified identities are recognised—in existing conditions of inequality, they can also serve as protected spaces where people can take the risk of exploring who they might become with relative safety from attack and abuse” (226). These are necessary risks to take if we are to avoid entrenching fear of difference in a world where difference is itself deeply, and permanently, entrenched.ReferencesAmin, Ash. “Ethnicity and the Multicultural City: Living with Diversity.” Environment and Planning A 34 (2002): 959–80.———. “The Good City.” Urban Studies 43 (2006): 1009–23.Berlant, Lauren, and Michael Warner. “Sex in Public.” Critical Inquiry 24 (1998): 547–66.Cantle, Ted. Community Cohesion: A Report of the Independent Review Team. London, UK Home Office, 2001.Carey, Adam. “Backing for Pool Cover Up Directive.” The Age 17 Sep. 2010. ‹http://www.theage.com.au/victoria/backing-for-pool-coverup-directive-20100916-15enz.html›.Elder, John, and Jon Pierick. “The Mean Streets: Where the Locals Fear to Tread.” The Sunday Age 10 Jan. 2010. ‹http://www.theage.com.au/national/the-mean-streets-where-the-locals-fear-to-tread-20100109-m00l.html?skin=text-only›.Eriksen, Thomas Hyland. “Diversity versus Difference: Neoliberalism in the Minority Debate." The Making and Unmaking of Difference. Ed. Richard Rottenburg, Burkhard Schnepel, and Shingo Shimada. Bielefeld: Transaction, 2006. 13–36.Fraser, Nancy. “Rethinking the Public Sphere: A Contribution to the Critique of Actually Existing Democracy.” Social Text 25/26 (1990): 56–80.Goodhart, David. “Too Diverse.” Prospect 95 (2004): 30-37.Haberfield, Georgie, and Gilbert Gardner. “Mayor Defends Pool Cover-up Order.” Dandenong Leader 16 Sep. 2010 ‹http://dandenong-leader.whereilive.com.au/news/story/dandenong-oasis-tells-swimmers-to-cover-up/›.Habermas, Jürgen. The Structural Transformation of the Public Sphere: An Inquiry into a Category of Bourgeois Society. Cambridge, MA: MIT P, 2001.Hage, Ghassan. White Nation: Fantasies of White Supremacy in a Multicultural Society. Sydney: Pluto, 1998.hooks, bell. "Eating the Other: Desire and Resistance." Media and Cultural Studies Keyworks. Eds. Meenakshi Gigi and Douglas Kellner. Malden, MA: Blackwell, 2001. 366-380.Iveson, Kurt. "Justifying Exclusion: The Politics of Public Space and the Dispute over Access to McIvers Ladies' Baths, Sydney.” Gender, Place and Culture 10.3 (2003): 215–28.Joppke, Christian. “The Retreat of Multiculturalism in the Liberal State: Theory and Policy.” The British Journal of Sociology 55.2 (2004): 237–57.Laurier, Chris, and Eric Philo. “Cold Shoulders and Napkins Handed: Gestures of Responsibility.” Transactions of the Institute of British Geographers 31 (2006): 193–207.Low, Setha, and Neil Smith, eds. The Politics of Public Space. London: Routledge, 2006.Massey, Doreen. For Space. London: Sage, 2005.Murphy, Padraic. "Cover Up for Pool Even at Next Year's Ramadan.” Herald Sun 23 Sep. 2010. ‹http://www.heraldsun.com.au/news/victoria/cover-up-for-pool-event-during-next-years-ramadan/story-e6frf7kx-1225924291675›.Nichols, David. The Bogan Delusion. Melbourne: Affirm Press, 2011.Poynting, Scott, and Victoria Mason. "The New Integrationism, the State and Islamophobia: Retreat from Multiculturalism in Australia." International Journal of Law, Crime and Justice 36 (2008): 230–46.Razack, Sherene H. “Imperilled Muslim Women, Dangerous Muslim Men and Civilised Europeans: Legal and Social Responses to Forced Marriages.” Feminist Legal Studies 12.2 (2004): 129–74.Szego, Julie. “Under the Cover Up." The Age 9 Oct. 2010. < http://www.theage.com.au/victoria/under-the-coverup-20101008-16c1v.html >.Thrift, Nigel. “But Malice Afterthought: Cities and the Natural History of Hatred.” Transactions of the Institute of British Geographers 30 (2005): 133–50.Tissot, Sylvie. “Excluding Muslim Women: From Hijab to Niqab, from School to Public Space." Public Culture 23.1 (2011): 39–46.Valentine, Gill. “Living with Difference: Reflections on Geographies of Encounter.” Progress in Human Geography 32.3 (2008): 323–37.Wise, Amanda, and Selveraj Velayutham, eds. Everyday Multiculturalism. Houndsmills: Palgrave Macmillan, 2009.YMCA. “VCAT Ruling on Swim Sessions at Dandenong Oasis to Open Up to Community During Ramadan Next Year.” 16 Sep. 2010. ‹http://www.victoria.ymca.org.au/cpa/htm/htm_news_detail.asp?page_id=13&news_id=360›.

On the back cover of The Art Forger’s Handbook, Eric Hebborn proclaims No drawing can lie of itself, it is only the opinion of the expert which can deceive. (Hebborn) Well certainly, but like many forgers Hebborn was dedicated to ensuring the experts have ample material with which to work. The debate about authenticity rolls into the debate about originality rolls into the debate about excellence, slipping between the verifiable and the subjective, shadowed by the expert assessing, categorising, and delivering verdicts. Yet the proclamation ‘This is authentic’ is not straightforward. It is impossible to prove that the statement ‘This is a painting by Sir Arthur Streeton’ is true. It is always possible (though not probable) that the work in question is an excellent copy, manufactured with materials identical to those employed by Streeton, with brushstrokes reflecting Streeton’s manipulation of paint, applied in the kind of sequence Streeton used and with a provenance crafted to simulate perfectly an acceptable provenance for a work by Streeton. Much easier to prove that a work is not by a particular artist; one very obvious anomaly will suffice (Sloggett 298). But an anomaly requires a context, the body of material against which to assess the new find. John Drew’s manipulation of the art market was successful not because of the quality of the pictures he paid John Myatt to produce (after all they were painted with household emulsion paint often extended with K-Y Jelly). His success lay in his ability to alter the identities of these works by penetrating the archives of the Tate and the Victoria and Albert Museum and manufacturing an archival history that virtually copied the history of works by his target artists, Nicholson, Giocometti, Chagall, Epstein, Dubeffet, and de Stals. While the paintings mimicked works by these artists, without a provenance (an identity and identity trail) they were nothing more than approximate copies, many which were initially rejected by the dealers and auction houses (Landesman 38). Identity requires history and context: for something to be deemed ‘real’, both need to be verifiable. The plight of stateless refugees lies in their inability to verify their history (who am I?) and their context (I exist here because…). Drew’s ability to deliver a history is only one way in which works can slip identities (or in the case of Drew’s works – can be pushed). Drew’s intention and his ability to profit by the deception denoted fraud. But authentication is more often sought to support not fraud but optimism. ‘Can you please look at this painting which hung in my grandfather’s lounge room for over 50 years? It was given to him by the artist. I remember it as a small boy, and my father also remembers it when he was a child. But I can’t sell it because someone said it didn’t look right. Can you tell if it is by the artist?’ Such a problem needs to be approached on two fronts. Firstly, how strong is the evidence that this work is by the artist and secondly, what is the hypothesis of best fit for this work? The classic authentication process examines a picture and, against a framework of knowns (usually based on securely provenanced works) looks for points of identification between the proffered work and provenanced works. From these points of identification a theory of best fit is developed. For example, a painting with the inscription ‘Arthur Streeton/1896’ is analysed for its pigment content in order to test the proposition that this is a work by Arthur Streeton from 1896. Pigment analysis indicates that titanium white (a pigment not available commercially until 1920) is found in the clouds. So the proposition must be modified: either this is a work by Streeton that has been heavily reworked after 1920, or this is not a work by Streeton, or this is a work by Streeton but the date is wrong. The authentication process will define and redefine each proposition until there is one that best fits the evidence at hand. Fluorescing the date to establish whether it is a recent addition would be part of this process. Examining other whites in the painting to check if the clouds had been added later would be another. Checking the veracity of the provenance would also be critical. We may decide that this is not an 1896 work by Streeton based on the evidence of the pigment. But what if an art historian discovers a small pigment manufacturer in Box Hill whose records show they produced titanium dioxide as a pigment in 1890? The new evidence may affect the conclusion. But more likely we would want to verify such evidence before we altered our conclusion. Between the extremes of Drew’s manufactured identities and the optimism of a third generation is the strengthened work, combining identity shift and hope. Dali pulled a reverse strengthening when he signed 20,000 blank sheets of paper for lithographs that had not yet been executed (Hebborn 79), but more usually it is the inscription not the image that is missing. Of course a signature is good, but signature works may not have, and do not need signatures. A signature may be a picture of a certain place (Heidelberg) at a certain time of day (moonrise); optimism will soon join the dots, producing a David Davies Moonrise. Often an inscription helps; a nondescript clean-shaven Victorian gentleman can become a bearded founding father, an anonymous nag the first winner of the Melbourne Cup. And if the buyer is not convinced, then a signature may win the day. Unlike Drew’s fabricated histories these changes in identity are confined to transformations of the object itself and then, by association, to its context. Art fraud is an endearing topic, partly because it challenges the subjective nature of expertise. When van Meegeren manufactured his most successful ‘Vermeer’ The Supper at Emmaus (1937) he explored the theories of experts, and then set about producing a work that copied not an existing Vermeer, but the critic’s theory of what an as-yet-undiscovered Vermeer would look like. Hannema, van Schendel and finally Bredius subscribed to the theory that Vermeer’s trip to Italy resulted in Caravaggio’s influence on the artist (Dutton 25). Van Meegeren obligingly produced such a work. So does it matter? Is an identical work as good a work? Is a sublime copyist of great artists a great artist? (Not that van Meegeren was either.) Authentication is a process of assessing claims about identity. It involves reputation, ownership, relationships and truth. When an artist executes a copy it is homage to the skill of the master. When Miss Malvina Manton produced a scene of dead poultry in 1874, she was copying the most popular painting in the fledgling collection of the National Gallery of Victoria, Schendel’s The Poultry Vendor (Inglis 63), and joined a league of copyists including Henry Gritten and Nicholas Chevalier who sought permission to copy the Gallery’s paintings. When John O’Loughlin copied works by Clifford Possum Tjapaltjarri and passed them off as original the impact on the artist was less benign (Gotting). Sid Nolan refused to identify problematic paintings attributed to his oeuvre claiming that to acknowledge such paintings would cast doubt on his entire oeuvre. Bob Dickerson assiduously tracks down and ‘outs’ problematic paintings from his oeuvre, claiming that not to do so would leave the thin edge of the wedge firmly embedded for future opportunists. Both are concerned with their identity. Creation is a fraught business, simply because the act of creation is the act of giving an identity. Whether we create a child, a musical score, a painting or a t-shirt brand, the newly created entity is located within a lineage and context that means more than the single individual creation. This is why identity theft is such a major crime. If someone steals an identity they also steal the collateral developed around that identity, the ability to deal in credit, to drive a car, to travel overseas, to purchase a house. Identity is a valuable commodity; for an artist it is their tool of trade. There is no doubt that the public celebrates the fake. Perhaps it is a celebration of the power of the object over the critic or the theoretician. But it is an extraordinarily costly celebration. Despite the earlier assertion that it is possible to make the perfect copy, very few even approximate the vibrancy and intelligence of an original. Most, if accepted, would seriously dilute the strength of the artist’s oeuvre. Forging Aboriginal art is even more disgraceful. In a society where cultural transmission has traditionally been based on complex relationships of dance, song, painting and objects to customary rights, laws and obligations, art fraud impacts on the very fabric of society. There will always be works that slip identities, and many are not pulled back. False works do damage; they dull our perceptions, dilute our ability to understand an artist’s contribution to society, and are usually no more than blunt instruments used for financial gain. References Australian Institute of Criminology. “Art Crime: Protecting Art, Protecting Artists and Protecting Consumers.” 2-3 Decembeer 1999. 1 May 2005 http://www.aic.gov.au/conferences/artcrime/>. Catterall, L. The Great Dali Art Fraud and Other Deceptions. Fort Lee, New Jersey: Barricade, 1992. Dutton, Denis, ed. The Forger’s Art Forgery and the Philosophy of Art. California: U of California P, 1983 Gotting, Peter. “Shame of Aboriginal Art Fakes.” 16 July 2000. 31 May 2005 http://www.museum-security.org/00/112.html#3>. Hebborn, Eric. The Art Forger’s Handbook. London: Cassell, 1997. Inglis, Alison. “What Did the Picture’s Surface Convey? Copies and Copying in the National Gallery of Victoria during the Colonial Period.” The Articulate Surface: Dialogues on Paintings between Conservators, Curators and Art Historians. Ed. Sue-Anne Wallace, with Jacqueline Macnaughtan and Jodi Parvey. Canberra: The Humanities Research Centre, the Australian National University and the National Gallery of Australia, 1996. 55-69. Landesman, Peter. “A 20th-Century Master Scam.” The New York Times Magazine (18 July 1999): 31-63. Sloggett, Robyn. “The Truth of the Matter: Issues and Procedures in the Authentication of Artwork.” Arts, Antiquity and Law 5.3 (September 2000): 295-303. Tallman, Susan. “Report from London Faking It.” Art in America (November 1990): 75-81. Citation reference for this article MLA Style Sloggett, Robyn. "Slipping and Sliding: Blind Optimism, Greed and the Effect of Fakes on Our Cultural Understanding." M/C Journal 8.3 (2005). echo date('d M. Y'); ?> <http://journal.media-culture.org.au/0507/09-sloggett.php>. APA Style Sloggett, R. (Jul. 2005) "Slipping and Sliding: Blind Optimism, Greed and the Effect of Fakes on Our Cultural Understanding," M/C Journal, 8(3). Retrieved echo date('d M. Y'); ?> from <http://journal.media-culture.org.au/0507/09-sloggett.php>.

Introduction For some time now there has been a strong critical framework that identifies a significant shift in the politics of homosexuality in the Anglo-oriented West over the last fifteen to twenty years. In this article I draw on this framework to describe the current moment in the Australian cultural politics of homosexuality. I focus on the issue of same-sex marriage as a key indicator of the currently emerging era. I then turn to two Australian texts about marriage that were produced in “the period before” this time, with the aim of recovering what has been partially lost from current formations of GLBT politics and from available memories of the past. Critical Histories Lisa Duggan’s term “the new homonormativity” is the frame that has gained widest currency among writers who point to the incorporation of certain versions of homosexuality into the neo-liberal (U.S.) mainstream. She identifies a sexual politics that “does not contest dominant heteronormative assumptions and institutions, but upholds and sustains them, while promising the possibility of a demobilized gay constituency and a privatized, depoliticized gay culture anchored in domesticity and consumption” (50). More recently, writing of the period inaugurated by the so-called “war on terror” and following Duggan, Jasbir Puar has introduced the term “homonationalism” to refer to “a collusion between homosexuality and American nationalism that is generated both by national rhetorics of patriotic inclusion and by gay and queer subjects themselves” (39). Damien Riggs adds the claims of Indigenous peoples in ongoing colonial contexts to the ground from which contemporary GLBT political claims can be critiqued. He concludes that while “queer people” will need to continue to struggle for rights, it is likely that cultural intelligibility “as a subject of the nation” will be extended only to those “who are established through the language of the nation (i.e., one that is founded upon the denial of colonial violence)” (97). Most writers who follow these kinds of critical analyses refer to the discursive place of homosexual couples and families, specifically marriage. For Duggan it was the increasing focus on “full gay access to marriage and military service” that defined homonormativity (50). Puar allows for a diversity of meanings of same-sex marriage, but claims that for many it is “a demand for reinstatement of white privileges and rights—rights of property and inheritance in particular” (29; see also Riggs 66–70). Of course not all authors locate the political focus on same-sex marriage and its effects as a conservative affair. British scholar Jeffrey Weeks stresses what “we” have gained and celebrates the rise of the discourse of human rights in relation to sexuality. “The very ordinariness of recognized same-sex unions in a culture which until recently cast homosexuality into secret corners and dark whispers is surely the most extraordinary achievement of all” (198), he writes. Australian historian Graham Willett takes a similar approach in his assessment of recent Australian history. Noting the near achievement of “the legal equality agenda for gay people” (“Homos” 187), he notes that “the gay and lesbian movement went on reshaping Australian values and culture and society through the Howard years” (193). In his account it did this in spite of, and untainted by, the dominance of Howard's values and programs. The Howard period was “littered with episodes of insult and discrimination … [as the] government tried to stem the tide of gay, lesbian and transgender rights that had been flowing so strongly since 1969”, Willett writes (188). My own analysis of the Howard years acknowledges the significant progress made in law reform relating to same-sex couples and lesbian and gay parents but draws attention to its mutual constitution with the dominance of the white, patriarchal, neo-liberal and neo-conservative ideologies which dominated social and political life (2013 forthcoming). I argue that the costs of reform, fought for predominantly by white and middle class lesbians and gay men deploying homonormative discourses, included the creation of new identities—single lesbians and gays whose identity did not fit mainstream notions, non-monogamous couples and bad mothers—which were positioned on the illegitimate side of the newly enfranchised. Further the success of the reforms marginalised critical perspectives that are, for many, necessary tools for survival in socially conservative neoliberal times. Same-Sex Marriage in Australia The focus on same-sex marriage in the Australian context was initiated in April 2004 by then Prime Minister Howard. An election was looming and two same-sex couples were seeking recognition of their Canadian marriages through the courts. With little warning, Howard announced that he would amend the Federal Marriage Act to specify that marriage could only take place between a man and a woman. His amendment also prevented the recognition of same-sex marriages undertaken overseas. Legislation was rushed through the parliament in August of that year. In response, Australian Marriage Equality was formed in 2004 and remains at the centre of the GLBT movement. Since that time political rallies in support of marriage equality have been held regularly and the issue has become the key vehicle through which gay politics is understood. Australians across the board increasingly support same-sex marriage (over 60% in 2012) and a growing majority of gay and lesbian people would marry if they could (54% in 2010) (AME). Carol Johnson et al. note that while there are some critiques, most GLBT people see marriage “as a major equality issue” (Johnson, Maddison and Partridge 37). The degree to which Howard’s move changed the terrain of GLBT politics cannot be underestimated. The idea and practice of (non-legal) homosexual marriage in Australia is not new. And some individuals, publicly and privately, were calling for legal marriage for same-sex couples before 2004 (e.g. Baird, “Kerryn and Jackie”). But before 2004 legal marriage did not inspire great interest among GLBT people nor have great support among them. Only weeks before Howard’s announcement, Victorian legal academic and co-convenor of the Victorian Gay & Lesbian Rights Lobby Miranda Stewart concluded an article about same-sex relationship law reform in Victoria with a call to “begin the debate about gay marriage” (80, emphasis added). She noted that the growing number of Australian couples married overseas would influence thinking about marriage in Australia. She also asked “do we really want to be part of that ‘old edifice’ of marriage?” (80). Late in 2003 the co-convenors of the NSW Gay and Lesbian Rights Lobby declared that “many members of our community are not interested in marriage” and argued that there were more pressing, and more practical, issues for the Lobby to be focused on (Cerise and McGrory 5). In 2001 Jenni Millbank and Wayne Morgan, two leading legal academics and activists in the arena of same-sex relationship politics in Australia, wrote that “The notion of ‘same-sex marriage’ is quite alien to Australia” (Millbank and Morgan, 295). They pointed to the then legal recognition of heterosexual de facto relationships as the specific context in Australia, which meant that marriage was not viewed as "paradigmatic" (296). In 1998 a community consultation conducted by the Equal Opportunity Commission in Victoria found that “legalising marriage for same-sex couples did not enjoy broad based support from either the community at large or the gay and lesbian community” (Stewart 76). Alongside this general lack of interest in marriage, from the early-mid 1990s gay and lesbian rights groups in each state and territory began to think about, if not campaign for, law reform to give same-sex couples the same entitlements as heterosexual de facto couples. The eventual campaigns differed from state to state, and included moments of high profile public activity, but were in the main low key affairs that met with broadly sympathetic responses from state and territory ALP governments (Millbank). The previous reforms in every state that accorded heterosexual de facto couples near equality with married couples meant that gay and lesbian couples in Australia could gain most of the privileges available to heterosexual couples without having to encroach on the sacred territory (and federal domain) of marriage. In 2004 when Howard announced his marriage bill only South Australia had not reformed its law. Notwithstanding these reforms, there were matters relating to lesbian and gay parenting that remained in need of reform in nearly every jurisdiction. Further, Howard’s aggressive move in 2004 had been preceded by his dogged refusal to consider any federal legislation to remove discrimination. But in 2008 the new Rudd government enacted legislation to remove all discrimination against same-sex couples in federal law, with marriage and (ironically) the lack of anti-discrimination legislation on the grounds of sexuality the exceptions, and at the time of writing most states have made or will soon implement the reforms that give full lesbian and gay parenting rights. In his comprehensive account of gay politics from the 1950s onwards, published in 2000, Graham Willett does not mention marriage at all, and deals with the moves to recognise same-sex relationships in one sixteen line paragraph (Living 249). Willett’s book concludes with the decriminalisation of sex between men across every state of Australia. It was written just as the demand for relationship reform was becoming the central issue of GLBT politics. In this sense, the book marks the end of one era of homosexual politics and the beginning of the next which, after 2004, became organised around the desire for marriage. This understanding of the recent gay past has become common sense. In a recent article in the Adelaide gay paper blaze a young male journalist wrote of the time since the early 1970s that “the gay rights movement has shifted from the issue of decriminalising homosexuality nationwide to now lobbying for full equal rights for gay people” (Dunkin 3). While this (reductive and male-focused) characterisation is not the only one possible, I simply note that this view of past and future progress has wide currency. The shift of attention in this period to the demand for marriage is an intensification and narrowing of political focus in a period of almost universal turn by state and federal governments to neoliberalism and an uneven turn to neo-conservatism, directions which have detrimental effects on the lives of many people already marginalised by discourses of sexuality, race, class, gender, migration status, (dis)ability and so on. While the shift to the focus on marriage from 2004 might be understood as the logical final step in gaining equal status for gay and lesbian relationships (albeit one with little enthusiasm from the GLBT political communities before 2004), the initiation of this shift by Prime Minister Howard, with little preparatory debate in the LGBT political communities, meant that the issue emerged onto the Australian political agenda in terms defined by the (neo)conservative side of politics. Further, it is an example of identity politics which, as Lisa Duggan has observed in the US case, is “increasingly divorced from any critique of global capitalism” and settles for “a stripped-down equality, paradoxically imagined as compatible with persistent overall inequality” (xx). Brides before Marriage In the last part of this article I turn to two texts produced early in 1994—an activist document and an ephemeral performance during the Sydney Gay and Lesbian Mardi Gras parade. If we point only to the end of the era of (de)criminalisation, then the year 1997, when the last state, Tasmania, decriminalised male homosex, marks the shift from one era of the regulation of homosexuality to another. But 1994 bore the seeds of the new era too. Of course attempts to identify a single year as the border between one era and the next are rhetorical devices. But some significant events in 1994 make it a year of note. The Australian films Priscilla: Queen of the Desert and The Sum of Us were both released in 1994, marking particular Australian contributions to the growing presence of gay and lesbian characters in Western popular culture (e.g. Hamer and Budge). 1994 was the UN International Year of the Family (IYF) and the Sydney Gay and Lesbian Mardi Gras chose the theme “We are Family” and published endorsement from both Prime Minister Keating and the federal opposition leader John Hewson in their program. In 1994 the ACT became the first Australian jurisdiction to pass legislation that recognised the rights and entitlements of same-sex couples, albeit in a very limited and preliminary form (Millbank 29). The NSW Gay and Lesbian Rights Lobby's (GLRL) 1994 discussion paper, The Bride Wore Pink, can be pinpointed as the formal start to community-based activism for the legal recognition of same-sex relationships. It was a revision of an earlier version that had been the basis for discussion among (largely inner Sydney) gay and lesbian communities where there had been lively debate and dissent (Zetlein, Lesbian Bodies 48–57). The 1994 version recommended that the NSW government amend the existing definition of de facto in various pieces of legislation to include lesbian and gay relationships and close non-cohabiting interdependent relationships as well. This was judged to be politically feasible. In 1999 NSW became the first state to implement wide ranging reforms of this nature although these were narrower than called for by the GLRL, “including lesser number of Acts amended and narrower application and definition of the non-couple category” (Millbank 10). My concern here is not with the politics that preceded or followed the 1994 version of The Bride, but with the document itself. Notwithstanding its status for some as a document of limited political vision, The Bride bore clear traces of the feminist and liberationist thinking, the experiences of the AIDS crisis in Sydney, and the disagreements about relationships within lesbian and gay communities that characterised the milieu from which it emerged. Marriage was clearly rejected, for reasons of political impossibility but also in light of a list of criticisms of its implication in patriarchal hierarchies of relationship value (31–2). Feminist analysis of relationships was apparent throughout the consideration of pros and cons of different legislative options. Conflict and differences of opinion were evident. So was humour. The proliferation of lesbian and gay commitment ceremonies was listed as both a pro and a con of marriage. On the one hand "just think about the prezzies” (31); on the other, “what will you wear” (32). As well as recommending change to the definition of de facto, The Bride recommended the allocation of state funds to consider “the appropriateness or otherwise of bestowing entitlements on the basis of relationships,” “the focusing on monogamy, exclusivity and blood relations” and the need for broader definitions of “relationships” in state legislation (3). In a gesture towards a political agenda beyond narrowly defined lesbian and gay interests, The Bride also recommended that “the lesbian and gay community join together with other groups to lobby for the removal of the cohabitation rule in the Social Security Act 1991” (federal legislation) (34). This measure would mean that the payment of benefits and pensions would not be judged in the basis of a person’s relationship status. While these radical recommendations may not have been energetically pursued by the GLRL, their presence in The Bride records their currency at the time. The other text I wish to excavate from 1994 is the “flotilla of lesbian brides” in the 1994 Sydney Gay and Lesbian Mardi Gras. These lesbians later appeared in the April 1994 issue of Sydney lesbian magazine Lesbians on the Loose, and they have a public afterlife in a photo by Sydney photographer C Moore Hardy held in the City of Sydney archives (City of Sydney). The group of between a dozen and twenty lesbians (it is hard to tell from the photos) was dressed in waist-to-ankle tulle skirts, white bras and white top hats. Many wore black boots. Unshaven underarm hair is clearly visible. Many wore long necklaces around their necks and the magazine photo makes clear that one bride has a black whip tucked into the band of her skirt. In an article about lesbians and legal recognition of their relationships published in 1995, Sarah Zetlein referred to the brides as “chicks in white satin” (“Chicks”). This chick was a figure that refused the binary distinction between being inside and outside the law, which Zetlein argued characterised thinking about the then emerging possibilities of the legal recognition of lesbian (and gay) relationships. Zetlein wrote that “the chick in white satin”: Represents a politics which moves beyond the concerns of one’s own identity and demands for inclusion to exclusion to a radical reconceptualisation of social relations. She de(con)structs and (re) constructs. … The chick in white satin’s resistance often lies in her exposure and manipulation of her regulation. It is not so much a matter of saying ‘no’ to marriage outright, or arguing only for a ‘piecemeal’ approach to legal relationship regulation, or lobbying for de facto inclusion as was recommended by The Bride Wore Pink, but perverting the understanding of what these legally-sanctioned sexual, social and economic relationships mean, hence undermining their shaky straight foundations.(“Chicks” 56–57) Looking back to 1994 from a time nearly twenty years later when (straight) lesbian brides are celebrated by GLBT culture, incorporated into the mainstream and constitute a market al.ready anticipated by “the wedding industrial complex” (Ingraham), the “flotilla of lesbian brides” can be read as a prescient queer negotiation of their time. It would be a mistake to read the brides only in terms of a nascent interest in legally endorsed same-sex marriage. In my own limited experience, some lesbians have always had a thing for dressing up in wedding garb—as brides or bridesmaids. The lesbian brides marching group gave expression to this desire in queer ways. The brides were not paired into couples. Zetlein writes that “the chick in white satin … [has] a veritable posse of her girlfriends with her (and they are all the brides)” (“Chicks” 63, original emphasis). Their costumes were recognisably bridal but also recognisably parodic and subverting; white but hardly innocent; the tulle and bras were feminine but the top hats were accessories conventionally worn by the groom and his men; the underarm hair a sign of feminist body politics. The whip signalled the lesbian underground sexual culture that flourished in Sydney in the early 1990s (O’Sullivan). The black boots were both lesbian street fashion and sensible shoes for marching! Conclusion It would be incorrect to say that GLBT politics and lesbian and gay couples who desire legal marriage in post-2004 Australia bear no trace of the history of ambivalence, critique and parody of marriage and weddings that have come before. The multiple voices in the 2011 collection of “Australian perspectives on same-sex marriage” (Marsh) put the lie to this claim. But in a climate where our radical pasts are repeatedly forgotten and lesbian and gay couples increasingly desire legal marriage, the political argument is hell-bent on inclusion in the mainstream. There seems to be little interest in a dance around the margins of inclusion/exclusion. I add my voice to the concern with the near exclusive focus on marriage and the terms on which it is sought. It is not a liberationist politics to which I have returned in recalling The Bride Wore Pink and the lesbian brides of the 1994 Gay and Lesbian Mardi Gras, but rather an attention to the differences in the diverse collective histories of non-heterosexual politics. The examples I elaborate are hardly cases of radical difference. But even these instances might remind us that “we” have never been on a single road to equality: there may be incommensurable differences between “us” as much as commonalities. They also remind that desires for inclusion and recognition by the state should be leavened with a strong dose of laughter as well as with critical political analysis. References Australian Marriage Equality (AME). “Public Opinion Nationally.” 22 Oct. 2012. ‹http://www.australianmarriageequality.com/wp/who-supports-equality/a-majority-of-australians-support-marriage-equality/›. Baird, Barbara. “The Politics of Homosexuality in Howard's Australia.” Acts of Love and Lust: Sexuality in Australia from 1945-2010. Eds. Lisa Featherstone, Rebecca Jennings and Robert Reynolds. Newcastle: Cambridge Scholars Press, 2013 (forthcoming). —. “‘Kerryn and Jackie’: Thinking Historically about Lesbian Marriages.” Australian Historical Studies 126 (2005): 253–271. Butler, Judith. “Is Kinship Always Already Heterosexual?” Differences 13.1 (2002): 14–44. Cerise, Somali, and Rob McGrory. “Why Marriage Is Not a Priority.” Sydney Star Observer 28 Aug. 2003: 5. City of Sydney Archives [061\061352] (C. Moore Hardy Collection). ‹http://www.dictionaryofsydney.org//image/40440?zoom_highlight=c+moore+hardy›. Duggan Lisa. The Twilight of Equality?: Neoliberalism, Cultural politics, and the Attack on Democracy. Boston: Beacon Press, 2003. Dunkin, Alex. “Hunter to Speak at Dr Duncan Memorial.” blaze 290 (August 2012): 3. Hamer, Diane, and Belinda Budege, Eds. The Good Bad And The Gorgeous: Popular Culture's Romance With Lesbianism. London: Pandora, 1994. Ingraham, Chrys. White Weddings: Romancing Heterosexuality in Popular Culture, 2nd ed. New York: Routledge, 2008. Johnson, Carol, and Sarah Maddison, and Emma Partridge. “Australia: Parties, Federalism and Rights Agendas.” The Lesbian and Gay Movement and the State. Ed. Manon Tremblay, David Paternotte and Carol Johnson. Surrey: Ashgate, 2011. 27–42. Lesbian and Gay Legal Rights Service. The Bride Wore Pink, 2nd ed. Sydney: GLRL, 1994. Marsh, Victor, ed. Speak Now: Australian Perspectives on Same-Sex Marriage. Melbourne: Clouds of Mgaellan, 2011. Millbank Jenni, “Recognition of Lesbian and Gay Families in Australian Law—Part one: Couples.” Federal Law Review 34 (2006): 1–44Millbank, Jenni, and Wayne Morgan. “Let Them Eat Cake and Ice Cream: Wanting Something ‘More’ from the Relationship Recognition Menu.” Legal Recognition of Same-Sex Partnerships: A Study of National, European and International Law. Ed. Robert Wintermute and Mads Andenaes. Portland: Hart Publishing, 2001. 295–316. O'Sullivan Kimberley. “Dangerous Desire: Lesbianism as Sex or Politics.” Ed. Jill Julius Matthews. Sex in Public: Australian Sexual Cultures Sydney: Allen and Unwin, 1997. 120–23. Puar, Jasbir K. Terrorist Assemblages: Homonationalism in Queer Times. Durham: Duke UP, 2007 Stewart, Miranda, “It’s a Queer Thing: Campaigning for Equality and Social Justice for Lesbians and Gay Men”. Alternative Law Journal 29.2 (April 2004): 75–80. Walker, Kristen. “The Same-Sex Marriage Debate in Australia.” The International Journal of Human Rights 11.1–2 (2007): 109–130. Weeks, Jeffrey. The World We Have Won: The Remaking of Erotic and Intimate Life. Abindgdon: Routledge, 2007. Willett, Graham. Living Out Loud: A History of Gay and Lesbian Activism in Australia. Sydney: Allen & Unwin, 2000. Willett, Graham. “Howard and the Homos.” Social Movement Studies 9.2 (2010): 187–199. Zetlein, Sarah. Lesbian Bodies Before the Law: Intimate Relations and Regulatory Fictions. Honours Thesis, University of Adelaide, 1994. —. “Lesbian Bodies before the Law: Chicks in White Satin.” Australian Feminist Law Journal 5 (1995): 48–63.

Western notions of authors’ Intellectual Property Rights (IPRs), as expressed within copyright law, maintain a potentially fraught relationship with a range of philosophical and theoretical positions on writing and authorship that have developed within contemporary Western thinking. For Roland Barthes, authorship is compromised, de-identified and multiplied by the very nature of writing: ‘Writing is that neutral, composite, oblique space where our subject slips away, the negative where all identity is lost, starting with the very identity of the body writing’ (142). Gilles Deleuze and Félix Guattari follow a related line of thought in A Thousand Plateaus: ‘Write, form a rhizome, increase your territory by deterritorialization, extend the line of flight to the point where it becomes an abstract machine covering the entire plane of consistency’ (11). Similarly, in Of Grammatology, Jacques Derrida suggests that ‘Writing is that forgetting of the self, that exteriorization, the contrary of the interiorizing memory’ (24). To the extent that these philosophical and theoretical positions emerge within the practices of creative writers as remixes of appropriation, homage and/or pastiche, prima facie they problematize the commercial rights of writers as outlined in law. The case of Kathy Acker often comes up in such discussions. Acker’s 1984 novel Blood and Guts in High School, for example, incorporates techniques that have attracted the charge of plagiarism as this term is commonly defined. (Peter Wollen notes this in his aptly named essay ‘Death [and Life] of the Author.’) For texts like Acker’s, the comeback against charges of plagiarism usually involves underscoring the quotient of creativity involved in the re-combination or ‘remixing’ of the parts of the original texts. (Pure repetition would, it would seem, be much harder to defend.) ‘Plagiarism’, so-called, was simply one element of Acker’s writing technique; Robert Lort nuances plagiarism as it applies to Acker as ‘pseudo-plagiarism’. According to Wollen, ‘as she always argued, it wasn’t really plagiarism because she was quite open about what she did.’ As we shall demonstrate in more detail later on, however, there is another and, we suggest, more convincing reason why Acker’s work ‘wasn’t really plagiarism.’ This relates to her conscious interest in calligraphy and to her (perhaps unconscious) appropriation of a certain strand of Chinese philosophy. All the same, within the Western context, the consistent enforcement of copyright law guarantees the rights of authors to control the distribution of their own work and thus its monetised value. The author may be ‘dead’ in writing—just the faintest trace of remixed textuality—but he/she is very much ‘alive’ as in recognised at law. The model of the author as free-standing citizen (as a defined legal entity) that copyright law employs is unlikely to be significantly eroded by the textual practices of authors who tarry artistically in the ‘de-authored territories’ mapped by figures like Barthes, Deleuze and Guattari, and Derrida. Crucially, disputes concerning copyright law and the ethics of remix are resolved, within the Western context, at the intersection of relatively autonomous creative and legal domains. In the West, it is seen that these two domains are related within the one social fabric; each nuances the other (as Acker’s example shows in the simultaneity of her legal/commercial status as an author and her artistic practice as a ‘remixer’ of the original works of other authors). Legal and writing issues co-exist even as they fray each other’s boundaries. And in Western countries there is force to the law’s operations. However, the same cannot be said of the situation with respect to copyright law in China. Chinese artists are traditionally regarded as being aloof from mundane legal and commercial matters, with the consequence that the creative and the legal domains tend to ‘miss each other’ within the fabric of Chinese society. To this extent, the efficacy of the law is muted in China when it comes into contact with circumstances of authorship, writing, originality and creativity. (In saying this though, we do not wish to fall into the trap of cultural essentialism: in this article, ‘China’ and ‘The West’ are placeholders for variant cultural tendencies—clustered, perhaps, around China and its disputed territories such as Taiwan on the one hand, and around America on the other—rather than homogeneous national/cultural blocs.) Since China opened its system to Western capitalist economic activity in the 1980s, an ongoing criticism, sourced mainly out of the West, has been that the country lacks proper respect for notions of authorship and, more directly, for authorship’s derivative: copyright law. Tellingly, it took almost ten years of fierce negotiations between elements of the capitalist lobby in China and the Legislative Bureau to make the Seventh National People’s Congress pass the first Copyright Law of the People’s Republic of China on 7 September 1990. A law is one thing though, and adherence to the law is another. Jayanthi Iyengar of Asia Times Online reports that ‘the US government estimates that piracy within China [of all types of products] costs American companies $20-24 billion a year in damages…. If one includes European and Japanese firms, the losses on account of Chinese piracy is in excess of $50 billion annually.’ In 2008, the International Federation of the Phonographic Industry (IFPI) reported that more than 99% of all music files in China are pirated. In the same year, Cara Anna wrote in The Seattle Times that, in desperation at the extent of Chinese infringement of its Intellectual Property Rights (IPRs), Microsoft has deployed an anti-piracy tactic that blacks out the screens of computers detected running a fake copy of Windows. The World Trade Organisation (WTO) has filed complaints from many countries against China over IPRs. Iyengar also reports that, under such pressure, the State Intellectual Property Office in Beijing has vowed it will continue to reinforce awareness of IPRs in order to better ensure their protection. Still, from the Western perspective at least, progress on this extremely contentious issue has been excruciatingly slow. Such a situation in respect of Chinese IPRs, however, should not lead to the conclusion that China simply needs to catch up with the more ‘morally advanced’ West. Rather, the problematic relations of the law and of creativity in China allow one to discern, and to trace through ancient Chinese history and philosophy, a different approach to remix that does not come into view so easily within Western countries. Different materialisms of writing and authorship come into play across global space, with different effects. The resistance to both the introduction and the policing of copyright law in China is, we think, the sign of a culture that retains something related to authorship and creativity that Western culture only loosely holds onto. It provides a different way of looking at remix, in the guise of what the West would tend to label plagiarism, as a practice, especially, of creativity. The ‘death’ of the author in China at law (the failure to legislate and/or police his/her rights) brings the author, as we will argue, ‘alive’ in the writing. Remix as anonymous composition (citing Barthes) becomes, in the Chinese example, remix as creative expression of singular feelings—albeit remix set adrift from the law. More concretely, our example of the Chinese writer/writing takes remix to its limit as a practice of repetition without variation—what the West would be likely to call plagiarism. Calligraphy is key to this. Of course, calligraphy is not the full extent of Chinese writing practice—not all writing is calligraphic strictly speaking. But all calligraphy is writing, and in this it influences the ethics of Chinese writing, whether character-based or otherwise, more generally. We will have more to say about the ‘pictorial’ material aspect of Chinese writing later on. In traditional Chinese culture, writing is regarded as a technical practice perfected through reproduction. Chinese calligraphy (visual writing) is learnt through exhaustively tracing and copying the style of the master calligrapher. We are tempted to say that what is at stake in Chinese remix/calligraphy is ‘the difference that cannot be helped:’ that is, the more one tries, as it were, to repeat, the more repetition becomes impossible. In part, this is explained by the interplay of Qing 情 (‘feelings’) and Yun 韵 (‘composed body movements’). Now, the order of the characters—Qing 情 (‘feelings’) before Yun 韵 (‘composed body movements’)—suggests that Qing creates and supports Yun. To this extent, what we have here is something akin to a Western understanding of creative writing (of the creativity of writing) in which individual and singular feelings are given expression in the very movement of the writing itself (through the bodily actions of the writer). In fact though, the Chinese case is more complicated than this, for the apprenticeship model of Chinese calligraphy cultivates a two-way interplay of Qing 情 (‘feelings’) and Yun 韵 (‘composed body movements’). More directly, the ‘composed body movements’ that one learns from the master calligrapher help compose one’s own ‘feelings’. The very repetition of the master’s work (its remixing, as it were…) enables the creativity of the apprentice. If this model of creativity is found somewhat distasteful from a Western perspective (that is, if it is seen to be too restrictive of originality) then that is because such a view, we think, depends upon a cultural misunderstanding that we will try to clear up here. To wit, the so-called Confucian model of rote learning that is more-or-less frowned upon in the West is not, at least not in the debased form that it adopts in Western stereotypes, the philosophy active in the case of Chinese calligraphy. That philosophy is Taoism. As Wing-Tsit Chan elucidates, ‘by opposing Confucian conformity with non-conformity and Confucian worldliness with a transcendental spirit, Taoism is a severe critic of Confucianism’ (136). As we will show in a moment, Chinese calligraphy exemplifies this special kind of Taoist non-conformity (in which, as Philip J. Ivanhoe limns it, ‘one must unweave the social fabric’). Chan again: ‘As the way of life, [Taoism] denotes simplicity, spontaneity, tranquility, weakness, and most important of all, non-action (wu-wei). By the latter is not meant literally “inactivity” but rather “taking no action that is contrary to Nature”—in other words, letting Nature take its own course’ (136). Thus, this is a philosophy of ‘weakness’ that is neither ‘negativism’ nor ‘absolute quietism’ (137). Taoism’s supposed weakness is rather a certain form of strength, of (in the fullest sense) creative possibilities, which comes about through deference to the way of Nature. ‘Hold fast to the great form (Tao), / And all the world will come’ illustrates this aspect of Taoism in its major philosophical tract, The Lao Tzu (Tao-Te Ching) or The Classic of the Way and its Virtue (section 35, Chan 157). The guiding principle is one of deference to the original (way, Nature or Tao) as a strategy of an expression (of self) that goes beyond the original. The Lao Tzu is full of cryptic, metaphoric expressions of this idea: ‘The pursuit of learning is to increase day after day. / The pursuit of Tao is to decrease day after day. / It is to decrease and further decrease until one reaches the point of taking no action. / No action is undertaken, and yet nothing is left undone’ (section 48, Chan 162). Similarly, The female always overcomes the male by tranquility, / And by tranquility she is underneath. / A big state can take over a small state if it places itself below the small state; / And the small state can take over a big state if it places itself below the big state. / Thus some, by placing themselves below, take over (others), / And some, by being (naturally) low, take over (other states) (section 61, Chan 168). In Taoism, it is only by (apparent) weakness and (apparent) in-action that ‘nothing is left undone’ and ‘states’ are taken over. The two-way interplay of Qing 情 (‘feelings’) and Yun 韵 (‘composed body movements’), whereby the apprentice copies the master, aligns with this key element of Taoism. Here is the linkage between calligraphy and Taoism. The master’s work is Tao, Nature or the way: ‘Hold fast to the great form (Tao), / And all the world will come’ (section 35, Chan 157). The apprentice’s calligraphy is ‘all the world’ (‘all the world’ being, ultimately in this context, Qing 情 [‘feelings’]). Indeed, Taoism itself is a subtle philosophy of learning (of apprenticeship to a master), unlike Confucianism, which Chan characterises as a doctrine of ‘social order’ (of servitude to a master) (136). ‘“Learn not learn”’ is how Wang Pi, as quoted by Chan (note 121, 170), understands what he himself (Chan) translates as ‘He learns to be unlearned’ (section 64, 170). In unlearning one learns what cannot be taught: this is, we suggest, a remarkable definition of creativity, which also avoids falling into the trap of asserting a one-to-one equivalence between (unlearnt) originality and creativity, for there is both learning and creativity in this Taoist paradox of pedagogy. On this, Michael Meehan points out that ‘originality is an over-rated and misguided concept in many ways.’ (There is even a sense in which, through its deliberate repetition, The Lao Tzu teaches itself, traces over itself in ‘self-plagiarising’ fashion, as if it were reflecting on the re-tracings of calligraphic pedagogy. Chan notes just how deliberate this is: ‘Since in ancient times books consisted of bamboo or wooden slabs containing some twenty characters each, it was not easy for these sentences… to be added by mistake…. Repetitions are found in more than one place’ [note 102, 166].) Thinking of Kathy Acker too as a learner, Peter Wollen’s observation that she ‘incorporated calligraphy… in her books’ and ‘was deeply committed to [the] avant-garde tradition, a tradition which was much stronger in the visual arts’ creates a highly suggestive connection between Acker’s work and Taoism. The Taoist model for learning calligraphy as, precisely, visual art—in which copying subtends creativity—serves to shift Acker away from a Barthesian or Derridean framework and into a Taoist context in which adherence to another’s form (as ‘un-learnt learning’) creatively unravels so-called plagiarism from the inside. Acker’s conscious interest in calligraphy is shown by its prevalence in Blood and Guts in High School. Edward S. Robinson identifies this text as part of her ‘middle phase’, which ‘saw the introduction of illustrations and diagrams to create multimedia texts with a collage-like feel’ (154). To our knowledge, Acker never critically reflected upon her own calligraphic practices; perhaps if she had, she would have troubled what we see as a blindspot in critics’ interpretations of her work. To wit, whenever calligraphy is mentioned in criticism on Acker, it tends to be deployed merely as an example of her cut-up technique and never analysed for its effects in its own cultural, philosophical and material specificity. (Interestingly, if the words of Chinese photographer Liu Zheng are any guide, the Taoism we’re identifying in calligraphy has also worked its way into other forms of Chinese visual art: she refers to ‘loving photographic details and cameras’ with the very Taoist term, ‘lowly’ 低级 [Three Shadows Photography Art Centre 187].) Being ‘lowly’, ‘feminine’ or ‘underneath’ has power as a radical way of learning. We mentioned above that Taoism is very metaphoric. As the co-writer of this paper Cher Coad recalls from her calligraphy classes, students in China grow up with a metaphoric proverb clearly inspired by Lao Tzu’s Taoist philosophy of learning: ‘Learning shall never stop. Black comes from blue, but is more than the blue.’ ‘Black comes from blue, but is more than the blue.’ What could this mean? Before answering this question with recourse to two Western notions that, we hope, will further effect (building on Acker’s example) a rapprochement between Chinese and Western ways of thinking (be they nationally based or not), we reiterate that the infringement of Intellectual Property Rights (IPRs) in China should not be viewed only as an egregious denial of universally accepted law. Rather, whatever else it may be, we see it as the shadow in the commercial realm—mixed through with all the complexities of Chinese tradition, history and cultural difference, and most particularly of the Taoist strand within Confucianism—of the never-quite-perfect copying of calligraphic writing/remixing. More generally, the re-examination of stereotypical assumptions about Chinese culture cues a re-examination of the meaning behind the copying of products and technology in contemporary, industrialised China. So, ‘Black comes from blue, but is more than the blue.’ What is this ‘more than the blue of black’? Or put differently, why is calligraphic writing, as learnt from the master, always infused with the singular feelings of the (apprentice) writer? The work of Deleuze, Guattari and Claire Parnet provides two possible responses. In On the Line, Deleuze and Guattari (and Deleuze in co-authorship with Parnet) author a number of comments that support the conception we are attempting to develop concerning the lines of Chinese calligraphy. A line, Deleuze and Guattari suggest, is always a line of lines (‘Line of chance, line of hips, line of flight’ [57]). In the section of On the Line entitled ‘Politics’, Deleuze and Parnet outline the impossibility of any line being just one line. If life is a line (as it is said, you throw someone a life line), then ‘We have as many entangled lines in our lives as there are in the palm of a hand’ (71). Of any (hypothetical) single line it can be said that other lines emerge: ‘Black comes from blue, but is more than the blue.’ The feelings of the apprentice calligrapher (his/her multiple lines) emerge through the repeated copying of the lines and composed body movements of the master. The Deleuzean notion of repetition takes this idea further. Repetitive Chinese calligraphy clearly indexes what Claire Colebrook refers to as ‘Deleuze’s concept of eternal return. The only thing that is repeated or returns is difference; no two moments of life can be the same. By virtue of the flow of time, any repeated event is necessarily different (even if different only to the extent that it has a predecessor)’ (121). Now, it might be objected that Chinese calligraphic practices, because of the substantially ideographic nature of Chinese writing (see Kristeva 72-81), allow for material mutations that can find no purchase in Western, alphabetical systems of writing. But the materiality of time that Colebrook refers to as part of her engagement with Deleuzean non-repetitious (untimely) repetition guarantees the materiality of all modes of writing. Furthermore, Julia Kristeva notes that, with any form of language, one cannot leave ‘the realm of materialism’ (6) and Adrian Miles, in his article ‘Virtual Actual: Hypertext as Material Writing,’ sees the apparently very ‘unmaterial’ writing of hypertext ‘as an embodied activity that has its own particular affordances and possibilities—its own constraints and local actualisations’ (1-2). Calligraphic repetition of the master’s model creates the apprentice’s feelings as (inevitable) difference. In this then, the learning by the Chinese apprentice of the lines of the master’s calligraphy challenges international (both Western and non-Western) artists of writing to ‘remix remix’ as a matter—as a materialisation—of the line. Not the line as a self-identical entity of writing that only goes to make up writing more generally; rather, lines as a materialisation of lines within lines within lines. More self-reflexively, even the collaborative enterprise of this article, co-authored as it is by a woman of Chinese ethnicity and a white Australian man, suggests a remixing of writing through, beneath and over each other’s lines. Yun 韵 (‘composed body movements’) expresses and maximises Qing 情 (‘feelings’). Taoist ‘un-learnt learning’ generates remix as the singular creativity of the writer. Writers get into a blue with the line—paint it, black. Of course, these ideas won’t and shouldn’t make copyright infringement (or associated legalities) redundant notions. But in exposing the cultural relativisms often buried within the deployment of this and related terms, the idea of lines of lines far exceeds a merely formalistic practice (one cut off from the materialities of culture) and rather suggests a mode of non-repetitious repetition in contact with all of the elements of culture (of history, of society, of politics, of bodies…) wherever these may be found, and whatever their state of becoming. In this way, remix re-creates the depths of culture even as it stirs up its surfaces of writing. References Acker, Kathy. Blood and Guts in High School: A Novel. New York: Grove Press, 1978. Anna, Cara. ‘Microsoft Anti-Piracy Technology Upsets Users in China.’ The Seattle Times. 28 Oct. 2008 ‹http://seattletimes.com/html/businesstechnology/2008321919_webmsftchina28.html›. Barthes, Roland. ‘The Death of the Author.’ Barthes, Roland. Image-Music-Text. London: Fontana Press, 1977. 142-148. Chan, Wing-Tsit. A Source Book in Chinese Philosophy. Princeton, New Jersey: Princeton University Press, 1969. Colebrook, Claire. Gilles Deleuze. London: Routledge, 2002. Deleuze, Gilles, and Félix Guattari. On the Line. New York: Semiotext(e), 1983. Deleuze, Gilles, and Félix Guattari. A Thousand Plateaus: Capitalism and Schizophrenia. Minneapolis: University of Minnesota Press, 1987. Derrida, Jacques. Of Grammatology. Baltimore: Johns Hopkins University Press, 1976. International Federation of the Phonographic Industry. ‘Recording Industry Steps Up Campaign against Internet Piracy in China.’ ifpi. 4 Feb. 2008 ‹http://www.ifpi.org/content/section_news/20080204.html›. Ivanhoe, Philip J. ‘Taoism’. The Cambridge Dictionary of Philosophy. Ed. Robert Audi. Cambridge: Cambridge University Press, 1995. 787. Iyengar, Jayanthi. ‘Intellectual Property Piracy Rocks China Boat.’ Asia Times Online. 16 Sept. 2004 ‹http://www.atimes.com/atimes/China/FI16Ad07.html›. Kristeva, Julia. Language: The Unknown: An Initiation into Linguistics. New York: Columbia University Press, 1989. Lort, Robert. ‘Kathy Acker (1944-1997).’ Jahsonic: A Vocabulary of Culture. 2003 ‹http://www.jahsonic.com/KathyAcker.html›. Meehan, Michael. ‘Week 5a: Playing with Genres.’ Lecture notes. Unit ALL705. Short Stories: Writers and Readers. Trimester 2. Melbourne: Deakin University, 2013. Miles, Adrian. ‘Virtual Actual: Hypertext as Material Writing.’ Studies in Material Thinking 1.2 (April 2008) ‹http://www.materialthinking.org/papers/29›. Robinson, Edward S. Shift Linguals: Cut-up Narratives from William S. Burroughs to the Present. New York: Editions Rodopi, 2011. Three Shadows Photography Art Centre. ‘Photography and Intimate Space Symposium.’ Conversations: Three Shadows Photography Art Centre’s 2007 Symposium Series. Ed. RongRong, inri, et al. Beijing: Three Shadows Press Limited, 2008. 179-191. Wollen, Peter. ‘Death (and Life) of the Author.’ London Review of Books 20.3 (5 Feb. 1998). ‹http://www.lrb.co.uk/v20/n03/peter-wollen/death-and-life-of-the-author›.

In the summer of 1999, four ships carrying 599 Fujianese people arrived on the west coast of Canada. They survived a desperate and dangerous journey only for the Canadian Government to put them in prison. After numerous deportations, there are still about 40 of these people in Canadian prisons as of January 2001. They have been in jail for over a year and a half under mere suspicion of flight risk. About 24 people have been granted refugee status. Most people deported to China have been placed in Chinese prisons and fined. It is worth remembering that these migrants may have been undocumented but they are not "illegal" in that they have mobility rights. The Universal Declaration of Human Rights recognizes everyone's right to leave any country and to seek asylum. It can be argued that it is not the migrants who are illegal, but the unjust laws that criminalize their freedom of movement. In considering people's rights, we need to keep in mind not only the civil and political rights that the West tends to privilege, but equally important social and economic rights as well. As a local response to a global phenomenon, Direct Action Against Refugee Exploitation (DAARE) formed in Vancouver to support the rights of the Fujianese women, eleven of whom at the time of writing are still being held in the Burnaby Correctional Centre for Women (BCCW). In DAARE’s view, Immigration Canada's decision to detain all these people is based on a racialized group-profiling policy which violates basic human rights and ignores Canadian responsibility in the creation of the global economic and societal conditions which give rise to widespread migration. In light of the Canadian government's plans to implement even more punitive immigration legislation, DAARE endorses the Coalition for a Just Immigration and Refugee Policy's "Position Paper on Bill C31." They call for humanitarian review and release for the remaining Fujianese people. This review would include a few released refugee claimants who are still in Canada, children, women who were past victims of family planning, people facing religious persecution and, of course, those who are still in prison after 18 months and who have never been charged with any crime. Suspicion of flight risk is not a valid reason to incarcerate people for such a long time. Who Is a Migrant? The lines between "voluntary" and "forced" migration are no longer adequate to explain the complexities of population movements today. Motives for forced displacement include political, economic, social and environmental factors. This spectrum runs from the immediate threats to life, safety and freedom due to war or persecution, to situations where economic conditions make the prospects of survival marginal and non-existent. (Moussa 2000). Terms like "economic migrant" and "bogus refugee" have been used in the media to discredit migrants such as the Fujianese and to foster hostility against them. This scapegoating process oversimplifies the situation, for all refugees and all migrants are entitled to the basic respect due all human beings as enshrined in the UN Declaration of Human Rights. There can be multiple reasons for an individual to migrate—ranging from family reunification to economic pressures to personal survival; to fear of government corruption and of political persecution, to name just a few. The reduction of everything to merely the economic does not allow one to understand why migration is occurring and likely to increase in the future. Most immigrants to Canada could also be described as economic migrants. Conrad Black is an economic migrant. The privileging of rich migrants over poor ones romanticizes globalization as corporate progress and ignores the immense human suffering it entails for the majority of the world's population as the gap between the wealthy and the poor rapidly increases. Hundreds of years ago, when migrants came to this aboriginal territory we now call Canada, they came in order to survive—in short, they too were "economic migrants." Many of those migrants who came from Europe would not qualify to enter Canada today under its current immigration admissions guidelines. Indeed, over 50% of Canadians would not be able to independently immigrate to Canada given its current elitist restrictions. One of the major reasons for an increase in migration is the destruction of rural economies in Asia and elsewhere in the world. Millions of people have been displaced by changes in agriculture that separate people from the land. These waves of internal migration also result in the movement of peoples across national borders in order to survive. Chinese provinces such as Fujian and Guangdong, whose people have a long history of overseas travel, are particularly common sources of out-migration. In discussing migration, we need to be wary of how we can inadvertently reinforce the colonization of First Nations people unless we consciously work against that by actively supporting aboriginal self-determination. For example, some First Nations people have been accused of "smuggling" people across borders—this subjects them to the same process of criminalization which the migrants have experienced, and ignores the sovereign rights of First Nations people. We need ways of relating to one another which do not reenact domination, but which work in solidarity with First Nations' struggles. This requires an understanding of the ways in which racism, colonialism, classism, and other tactics through which "dividing and conquering" take place. For those of us who are first, second, third, fourth, fifth generation migrants to this land, our survival and liberation are intimately connected to that of aboriginal people. History Repeating Itself? The arrival of the Fujianese people met with a racist media hysteria reminiscent of earlier episodes of Canadian history. Front page newspaper headlines such as "Go Home" increased hostility against these people. In Victoria, people were offering to adopt the dog on one of the ships at the same time that they were calling to deport the Chinese. From the corporate media accounts of the situation, one would think that most Canadians did not care about the dangerous voyage these people had endured, a voyage during which two people from the second ship died. Accusations that people were trying to enter the country "illegally" overlooked how historically, the Chinese, like other people of colour, have had to find ways to compensate for racist and classist biases in Canada's immigration system. For example, from 1960 to 1973, Canada granted amnesty to over 12,000 "paper sons," that is, people who had immigrated under names other than their own. The granting of "legal" status to the "paper sons" who arrived before 1960 finally recognized that Canada's legislation had unfairly excluded Chinese people for decades. From 1923 to 1947, Canada's Chinese Exclusion Act had basically prevented Chinese people from entering this country. The xenophobic attitudes that gave rise to the Chinese Exclusion Act and the head tax occurred within a colonial context that privileged British migrants. Today, colonialism may no longer be as rhetorically attached to the British empire, but its patterns—particularly the globally inequitable distribution of wealth and resources—continue to accelerate through the mechanism of transnational corporations, for example. As Helene Moussa has pointed out, "the interconnections of globalisation with racist and colonialist ideology are only too clear when all evidence shows that globalisation '¼ legitimise[s] and sustain[s] an international system that tolerates an unbelievable divide not only between the North and the South but also inside them'" (2000). Moreover, according to the United Nations Development Programme, the income gap between people in the world's wealthiest nations and the poorest nations has shifted from 30:1 in 1960 to 60:1 in 1990 and to 74:1 in 1997. (Moussa 2000) As capital or electronic money moves across borders faster than ever before in what some have called the casino economy (Mander and Goldsmith), change and instability are rapidly increasing for the majority of the world's population. People are justifiably anxious about their well-being in the face of growing transnational corporate power; however, "protecting" national borders through enforcement and detention of displaced people is a form of reactive, violent, and often racist, nationalism which scapegoats the vulnerable without truly addressing the root causes of instability and migration. In short, reactive nationalism is ineffective in safe-guarding people's survival. Asserting solidarity with those who are most immediately displaced and impoverished by globalization is strategically a better way to work towards our common survival. Substantive freedom requires equitable economic relations; that is, fairly shared wealth. Canadian Response Abilities The Canadian government should take responsibility for its role in creating the conditions that displace people and force them to migrate within their countries and across borders. As a major sponsor of efforts to privatize economies and undertake environmentally devastating projects such as hydro-electric dams, Canada has played a significant role in the creation of an unemployed "floating population" in China which is estimated to reach 200 million people this year. Punitive tactics will not stop the movement of people, who migrate to survive. According to Peter Kwong, "The well-publicized Chinese government's market reforms have practically eliminated all labor laws, labour benefits and protections. In the "free enterprise zones" workers live virtually on the factory floor, laboring fourteen hours a day for a mere two dollars—that is, about 20 cents an hour" (136). As Sunera Thobani has phrased it, "What makes it alright for us to buy a t-shirt on the streets of Vancouver for $3, which was made in China, then stand up all outraged as Canadian citizens when the woman who made that t-shirt tries to come here and live with us on a basis of equality?" Canada should respond to the urgent situations which cause people to move—not only on the grounds upon which Convention refugees were defined in 1949 (race, religion, nationality, social group, political opinion) which continue to be valid—but also to strengthen Canada's system to include a contemporary understanding that all people have basic economic and environmental survival rights. Some migrants have lives that fit into the narrow definition of a UN Convention refugee and some may not. Those who do not fit this definition have nonetheless urgent needs that deserve attention. The Canadian Centre for Policy Alternatives has pointed out that there are at least 18 million people working in 124 export zones in China. A living wage in China is estimated to be 87 cents per hour. Canadians benefit from these conditions of cheap labour, yet when the producers of these goods come to our shores, we hypocritically disavow any relationship with them. Responsibility in this context need not refer so much to some stern sense of duty, obligation or altruism as to a full "response"—intellectual, emotional, physical, and spiritual—that such a situation provokes in relations between those who "benefit"—materially at least—from such a system and those who do not. References Anderson, Sarah, et al. Field Guide to the Global Economy. New York: New Press, 2000. Canadian Council of Refugees. "Migrant Smuggling and Trafficking in Persons." February 20, 2000. Canadian Woman Studies: Immigrant and Refugee Women. 19.3 (Fall 1999). Chin, Ko-lin. Smuggled Chinese. Philadelphia: Temple University Press, 1999. Coalition for a Just Immigration and Refugee Policy. "Position Paper on Bill C31." 2000. Davis, Angela. The Angela Davis Reader. Malden, MA: Blackwell Publishers, 1998. Global Alliance Against Traffic in Women, Foundation Against Trafficking in Women, and International Human Rights Law Group. "Human Rights Standards for the Treatment of Trafficked Persons." January 1999. Henry, Frances and Tator, Carol. Racist Discourses in Canada's English Print Media. Toronto: Canadian Foundation for Race Relations, 2000. Jameson, Fredric and Miyoshi, Masao, Eds. The Cultures of Globalization. Durham: Duke University Press, 1998. Kwong, Peter. Forbidden Workers. New York: New Press, 1997. Mander, Jerry and Goldsmith, Edward, Eds. The Case Against the Global Economy. San Francisco: Sierra Club Books, 1996. Moussa, Helene. "The Interconnections of Globalisation and Migration with Racism and Colonialism: Tracing Complicity." 2000. ---. "Violence against Refugee Women: Gender Oppression, Canadian Policy, and the International Struggle for Human Rights." Resources for Feminist Research 26 (3-4). 1998 Migrant Forum statement (from Asia Pacific People's Assembly on APEC) 'Occasional Paper Migration: an economic and social analysis.' Pizarro, Gabriela Rodriguez. "Human Rights of Migrants." United Nations Report. Seabrook, Jeremy. "The Migrant in the Mirror." New Internationalist 327 (September 2000): 34-5. Sharma, Nandita. "The Real Snakeheads: Canadian government and corporations." Kinesis. October/November (1999): 11. Spivak, Gayatri. "Diasporas Old and New: Women in the Transnational World." Class Issues. Ed. Amitava Kumar. New York: New York University Press, 1997. States of Disarray: The Social Effects of Globalization. London: United Nations Research Institute for Social Development (UN RISD), 1995. Thobani, Sunera. "The Creation of a ‘Crisis’." Kinesis October/November (1999): 12-13. Whores, Maids and Wives: Making Links. Proceedings of the North American Regional Consultative Forum on Trafficking in Women, 1997.