Academic literature on the topic 'Management rights Australia'

Abstract We consider the connection between water marketing and the modification of property rights to water in Australia, highlighting the Australian’s distinctiveness through a contrast with water rights in the western US (especially California). Australia started out the same as California, but in the 1880s it abandoned California’s system and adopted a new approach, ending the common law property right to water and creating a statutory right that could be modified by administrative fiat. This shifted the arena for dispute resolution from courts to parliaments. It eliminated the seniority inherent in appropriative water rights and it sidelined issues of third-party impacts. Another difference was the tight control of irrigation institutions by state governments and the national government’s willingness to intervene in state and local water management. Australian water reform was wrapped in politics. When there were successes, this is because the politics were managed adroitly; when political challenges proved insurmountable, reform stalled.

The rarity of rights issues in the United States makes it difficult to examine the choice between alternative seasoned equity offering (SEO) methods in that market. In Australia, however, both rights issues and private placements are prevalent. We therefore use the Australian market to test whether regulation influences a firm’s choice between rights issues and private placements. When a firm decides to issue seasoned equity in Australia, regulation favours private placements if the issue is small or needs to be completed quickly. Consistent with regulations affecting the choice between SEO types, our empirical results provide evidence that firms in Australia are more likely to choose a private placement for small issues or when taking advantage of temporary periods of overvaluation. JEL Classification: G12, G14

When the Australian and Chinese governments announced their intention to negotiate a bilateral trade agreement this news generated apprehension among employee bodies. This was because many workers believe China's competitiveness is underpinned by its government's refusal to allow China's workers to realize basic labour rights and because Australian labour and the wider community has been unable to participate in the debate surrounding the proposed agreement. The latter concern is the focus of this article. We accept organized labour has a right to `sit at the table' when trade policy is being determined and that the union movement needs to forge effective alliances if it is to achieve this goal. To assist this process we draw on submissions generated by the United States—Australia (AUSFTA) and Australia—China (ACFTA) trade agreements to argue that Australian unions and civil society groupings can influence the outcome of bilateral trade negotiations and in so doing offer suggestions regarding the issues likely to be most conducive to alliance building.

The presence of indigenous property rights and interests arising from the survival of native title in Australia presents unique issues in the management of rivers and riverine lands. Existing common law and statutory tidal and non-tidal rights are a complex overlay of public and private property rights which are themselves undergoing significant change through the commodification of many natural resources by Commonwealth and State governments, such as marine species stock and non-tidal water. The melding of indigenous values and management practices with existing management regimes for rivers and riverine lands offers considerable potential for both sustainability of resource utilisation, and respect and recognition of native title with resultant predicted benefits in the vexed area of compensation.

Despite global attention to worker rights violations experienced by temporary migrants, we lack a clear evidence base to understand the extent and nature of these abuses. This article presents findings from a pilot of a Migrant Worker Rights Database. This pilot measures rights abuses of former Temporary Work (Skilled) visa (subclass 457) entrants to Australia from 1996 to 2016. This visa was the key formal temporary visa into Australia over this period. The pilot codes all available court cases that 457 visa holders brought before the national workplace relations tribunal, the Australian Fair Work Commission and relevant state and federal courts and tribunals, to capture legally recognised rights abuses that migrant workers experienced on the ground. It also codes coverage in three daily newspapers of these rights violations. This combined evidence base generates a series of rights violations, or ‘events’, that are then analysed to present patterns of rights abuses of migrant workers on the 457 visa. Key findings are that ethnic background and occupational status of migrants appear to inform the level of reported rights abuses. Further, legal representation of migrant workers assists in successful outcomes, particularly through the Fair Work Ombudsman – a government body empowered with enforcing compliance with workplace laws (197).

This article examines the dispute resolution practices of Fair Work Australia that are evolving to deal with individual workplace rights, as its traditional role shifts away from conciliating and arbitrating collective industrial disputes. The workplace rights enshrined in the ‘general protections’ provisions in Part 3-1 of the Fair Work Act 2009 protect employees and prospective employees from any ‘adverse action’ taken against them because they are exercising a workplace right, or because they fall within one of the protected categories, such as the right to be free from discrimination. A broad range of alternative dispute resolution processes is now available to Fair Work Australia in dealing with such disputes. Alternative dispute resolution processes are seen as a way of avoiding costly and time-consuming litigation, and in some circumstances can improve access to justice for individuals. This article explores whether Fair Work Australia is likely to adopt different dispute resolution approaches from its traditional conciliation practices when managing ‘general protections’ applications, and whether the framework for dealing with these disputes will facilitate fair recognition and enforcement of workplace rights.

The rights-of-nature model is gaining traction as an innovative legal approach for nature conservation. Although adopted in several countries, it remains in its infancy, including in Australia. An important research question is whether rights of nature will offer superior environmental outcomes compared to traditional nature conservation techniques including creation of protected areas. This article investigates that question through a case study of the Tarkine wilderness, in the Australia state of Tasmania. It first identifies key lessons from existing international experience with affirmation of rights of nature, such as in New Zealand and Ecuador. The article then explores how rights of nature could apply in Australia’s Tarkine region and their value compared to existing or potential protected areas and other nature conservation measures under Australian or Tasmanian law. Affirming rights of nature represents a major conceptual shift in how people via the law relate to the natural world, but whether the model offers practical benefits for nature conservation depends on a variety of conditions, in addition to the need to address broader societal drivers of environmentaldegradation.

The challenge of corporate governance in Australian corporations is similar to those faced by the majority of corporations operating globally albeit the manner in which corporate governance is structured in Australia represents a strong reflection of the island continent’s people, egalitarian culture, and legislative framework. This article considers the legal framework in which Australian corporations operate within, which includes a discussion of corporate governance principles, the role of directors and ownership structures of companies in Australia. Australian board of director practices are discussed in detailed and this article outlines how these practices are heavily influenced by the Australian Commonwealth Corporations Law (which sets out mandatory legal requirements that all Australian companies must adhere to). The article continues to explore briefly directors’ remuneration practices, recent shareholder’s rights protection and activism, the importance of corporate governance and the link to firm performance, and finally the importance of corporate social responsibility in the Australian context.

This research develops the social psychological study of lay perception of human rights and of rights-based reactions to perceived injustice. The pioneering work by social representation theorists is reviewed. Of particular interest is the use of rights-based responses to perceived relative subgroup disadvantage. It is argued that these responses are shaped by the historical development of the legal concept of unique subgroup rights; rights asserted by a subgroup that cannot be asserted by outgroup members or by members of a broader collective that includes all subgroups. The assertion of unique subgroup rights in contrast to individual rights was studied by presenting participants with scenarios suggestive of human rights violations. These included possible violations of privacy rights of indigenous Australians (Study 1), civil and political rights of indigenous Australians under mandatory sentencing schemes (Study 2), privacy rights of students in comparison to public servants (Study 3), refugee rights (Study 4), and reproductive rights of lesbians and single women in comparison to married women and women in de facto relationships (Study 5). The scenarios were based on real policy issues being debated in Australia at the time of data collection. Human rights activists participated in Studies 4 and 5. In Study 5, these activists participated via an online, web-based experiment. Both quantitative and qualitative data were collected. A social identity theory perspective is used drawing on concepts from both social identity theory and self-categorization theory. The studies reveal a preference for an equality-driven construal of the purpose of human rights law (i.e. that all Australians be treated equally regardless of subgroup membership) in contrast to minority support for a vulnerable groups construal of the purpose of human rights (i.e. that the purpose of human rights law is to protect vulnerable subgroups within a broader collective). Tajfelian social belief orientations of social mobility and social change are explicitly measured in Studies 3-5. Consistent with the social identity perspective, these ideological beliefs are conceptualised as background knowledge relevant to the subjective structuring of social reality (violation contexts) and to the process of motivated relative perception from the vantage point of the perceiver. There is some indication from these studies that social belief orientation may determine construals of the purpose of human rights. In Study 5 the observed preference for using inclusive human rights rhetoric in response to perceived subgroup injustice is explained as an identity-management strategy of social creativity. In Studies 4 and 5, explicit measurement of activist identification was also made in an attempt to further explain the apparently-dominant preference for an equality-driven construal of the purpose of human rights law and the preferred use of inclusive, individualised rights rhetoric in response to perceived subgroup injustice. Activist identification explained some action preferences, but did not simply translate into preferences for using subgroup interest arguments. In Study 5, metastereotyping measures revealed that inclusive rights-based protest strategies were used in order to create positive impressions of social justice campaigners in the minds of both outgroup and ingroup audiences. Ideas for future social psychological research on human rights is discussed.

The popularity of the Internet has been dramatically increased over recent years. The rapid growth of this technology and its international use has made it almost impossible to regulate the internet. As a result, the Internet has certainly provided freedoms to people and it has led to some abusing systems. Privacy is one of the major issues in the development of Electronic Commerce using the Internet. As an enormous amount of personal information is transmitted to several hosts connecting to the Internet, the information can be accessed by both authorised and unauthorised people. Although it is certain that there are several existing problems of using the Internet for business activities, many organisations have already started using it. It is believed that the Internet provides efficiency and effectiveness for various activities Although much research has been described the business use of the Internet in many countries, these studies have not specifically investigated Australian organisations. Therefore, this research investigates the current use of the Internet by Australian organisations and their associated privacy policies, as a means of seeking their privacy concerns. Using a benchmark provided by Australian privacy commissioners, it evaluates their privacy policies to see how well they are established to protect privacy of users. The study utilises the top 100 Australian large private sector organisations as the sample. The current practice of the sample organisations on the Internet was observed by exploring their Web sites. Privacy policies were also collected from their Web sites. Moreover, a letter requesting corporate privacy policy was sent to each organisation that collects personal information on the Internet. The result showed that the majority of Australian organisations were using the Internet today, but a surprisingly few organisations showed their privacy policy on the Internet. Also, this research showed that many organisations did not actually have a corporate privacy policy. Many organisations are using the Internet without apparent concern for customers' privacy. The organisations proactively involved in the Internet Commerce are more concerned about security side of the Internet. Hence, they appear to believe that the technology itself protects information sent on the Internet. It has become clear that technology by itself does not provide the security needed for users of the Internet as unethical act of authorised parties could harm privacy of individuals. There is an argument that the Internet needs to be regulated. However, the process of international regulation on the Internet has not been started. Thus, it is ideal that organisations proactively protect clients' personal information accessible by the use of the Internet technology. This study looks at the methods of obtaining privacy of individuals and suggests the ideal conduct of organisations.

"August 2006"
Thesis (PhD) -- Macquarie University, Division of Law, 2007.
Bibliography: p. 343-364.
Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography.
In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration.
Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation.
However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management.
Mode of access: World Wide Web.
377 p

Shareholders are important because they provide finance to companies by investing in the share market. Shareholder voting rights are attached to the shares. The rights are defined by a company’s constitution, shareholders agreement, the Corporations Act 2001 (Cth) and ASX Listing Rules. The exercise of the rights is significant for the growth and trustworthiness of capital markets. Previous research has focused on evaluation of the strength of shareholders rights, shareholders activism and shareholders engagement but lacked evaluation of the ways in which shareholders exercised their rights. This thesis addresses this issue. In particular, it explores shareholders economic rights, which are divided into control and decision making rights, and how shareholders exercised these rights by voting on resolutions proposed at Annual General Meetings. The aim of this study was to empirically and legally evaluate shareholders rights in practice in ASX 200 companies during 2014-2018. The research question was: To what extent do shareholders exercise their rights in Australian listed companies, and how and to what extent does shareholders engagement with a listed company impact on corporate decision makings at AGMs? The mixed-method methodology included both empirical quantitative and black-letter law research methodologies. The research included development of a data base of voting behaviour at the AGMs of 122 companies; 3382 AGMs resolutions including 3214 ordinary resolutions 168 special resolution were studied over the period of 5 years. The results showed that on average 64% shareholders exercised control and decision making rights in 2014 which increased by on average 4.0633% in 2018. Moreover, on average around 30% of shareholders have not attended AGMs and have never appointed proxies. The appointment of proxy trend consistently increased since 2014 to 2018 by on average 4.7514%. The attendance of shareholders in person was on average around 2% during 2014-2018. The top 20 shareholders hold on average 77.5865% of voting rights in 2018 which is 3.3634% higher than 2014. Further, on average 9% of top 20 shareholders have never attended AGMs and have never appointed proxies. The blockholders voting power lay between 58% and 63% during study period. The presence of top 20 shareholders and blockholders did not have any significant influence on the voting turnouts at AGMs. The financial benefits from the issue of dividends did not have any impact on shareholders engagement and AGMs voting turnout. The relationships of shareholders engagement with election and re-election of directors were statistically significant with shareholders voting against resolutions, but the results confirm that shareholders cannot hold directors accountable at AGMs through their voting powers. The current study supports the application of stewardship theory instead of agency theory at AGMs of ASX 200. The policy recommendations were developed on the basis of empirical confirmations established from this study. In Australia, shareholders are powerful in theory and powerless in practice.

This study sets out to examine performance appraisal practices (PA) in nonprofit organisations (NPOs) in Australia. The study draws together various theoretical approaches – namely institutional theory (DiMaggio & Powell 1983), the HR strength theory (Bowen & Ostroff 2004), the contingency and configuration approaches (Delery & Doty 1996), the process-based perspective on fit (García-Carbonell, Martin-Alcazar & Sanchez-Gardey 2014), and the values (Burchielli 2006) and justice literature (Bies 2001; Folger, Konovsky & Cropanzano 1992; Greenberg 1986) – to construct an integrated approach to PA in the nonprofit sector. The research questions were formulated based on this integrated approach, and relate to an investigation into the impact of the external environment on NPOs’ PA practices; the relationship between NPOs’ core values and their PA practices; the horizontal and vertical integration of PA practices in NPOs; and employees’ justice perceptions toward PA in NPOs. To address the research questions, a qualitative case study design was adopted. Two case study organisations – a community welfare agency (Dogood) and a trade union (Employee Rights Union) – were selected. Multiple sources of evidence, namely documentary evidence, semistructured interviews, focus groups and observational evidence and field notes, were used. Data was also collected from multiple groups of individuals, namely senior managers, line managers and employees. The sample size for each case study organisation consisted of twenty-one respondents in the case of Dogood, and twelve respondents in the case of ERU. Thematic analysis was undertaken. Several rigour strategies were adopted by this study, namely data triangulation, the establishment of a case study database, peer debriefing, amongst others. The empirical findings indicate how external environmental forces influence the content and process of PA. They also show how NPOs are unable to align their PA practices with their core values, organisational strategy and other HRM practices due to the weakness of the PA and ‘values’ messages communicated by NPOs. Finally, findings highlight the mixed justice perceptions of nonprofit employees towards PA. In conclusion, this study makes a key contribution to theory and management practice by acknowledging the importance of giving context and meaning to HRM, and proposing a pragmatic and an inclusive way of thinking about PA in the nonprofit sector.

This research develops the social psychological study of lay perception of human rights and of rights-based reactions to perceived injustice. The pioneering work by social representation theorists is reviewed. Of particular interest is the use of rights-based responses to perceived relative subgroup disadvantage. It is argued that these responses are shaped by the historical development of the legal concept of unique subgroup rights; rights asserted by a subgroup that cannot be asserted by outgroup members or by members of a broader collective that includes all subgroups. ¶ ...

Paramedicine is a relative newcomer to academia, with paramedic education programs existing in Australian universities since the turn of the century. As such, minimal research exists into the experience of paramedics in general. Gay and Lesbian people are an under researched minority group within the workplace, despite their high participation rates in employment. This research sets out to redress the gap in the literature by investigating the current workplace experience of Gay and Lesbian paramedics in Australia. Using a qualitative approach informed by a bricolage of critical theory and hermeneutic phenomenology, the experiences of inclusion and marginalisation of participants was explored. Experiences of the accounts of the hidden population of 10 Gay and Lesbian paramedic participants provide the first known account of the culture of the paramedic workplace in Australia from a non-heteronormative perspective. Participant experiences also give form to the impacts of practices that exclude and marginalise Gay and Lesbian people in the paramedics’ workplace.

Recently, the Saudi Capital Market Authority (CMA) opened the door for foreign investors to invest directly in the stock exchange market (Tadawul) to gain more welfare from their investments. Along with this step, the CMA released a set of Rules for Qualified Foreign Financial Institutions Investments (RQFFII) in Listed Shares 2015 that aimed to attract and protect the shareholders' rights. In this research project, the RQFFII have been examined to discover the level of attraction that these Saudi rules offer to foreign investment. The project also aimed to highlight strengths and weaknesses in the rules with regard to the protection shareholders' rights. This thesis explored the possible influence of foreign investments in the Saudi stock exchange. The research project aimed to increase the CMA and shareholders' awareness and knowledge in regard to these rules which lead to more protection of the local stock exchange.

Australian water policy and management are undergoing rapid and immense change in response to drought, technological advances, climate change and demographic and economic shifts. The National Water Initiative and the 2007 Australian Government water policy statements propose a fundamental shift in how Australians will use and manage water in the future. The implementation of the national water policy presents many challenges – the creation of water rights and markets, comprehensive water planning, new legislative settings, community participation in water management, linking urban and rural water management, and more. Managing Water for Australia brings together leading social sciences researchers and practitioners to identify the major challenges in achieving sustainable water management, to consolidate current knowledge, and to explore knowledge gaps in and opportunities for furthering water reform.

The chapter examines the copyright and ethical issues raised by emerging models for the digital media reporting of sports news in Australia. In particular, it explores the use by news organisations of a defence in copyright law that provides protection against an infringement action for the reporting of news and the use by sports organisations of journalist accreditation to limit, by way of contract, the uses made of copyright material generated at sports events. It briefly outlines some proposed responses to these issues, including amending copyright law or establishing an industry code of conduct for the accreditation of news organisations accessing and reporting on sports events in the digital media. These matters were raised in a 2009 Senate inquiry. The inquiry attracted submissions from international news organisations concerned that a more restricted access regime established by sports organisations in Australia might influence the terms negotiated in other countries. The conflicts arising in this industry sector are a small part of a much larger international landscape in which new digital communications technologies are offering greater business opportunities but at the same time challenging existing commercial relationships.

The chapter examines social policy and the law, both in terms of social security law that facilitates income management and administrative law as it pertains to citizen redress and review. Analysis of the legal restrictions imposed through compulsory income management in Australia and New Zealand is needed to ascertain the extent to which the autonomy of welfare recipients is impacted and how this affects consumer choices. In Australia, compulsory income management has required that managed funds be spent at government approved retailers on legislatively defined ‘priority needs’. An under-examined aspect of compulsory income management is therefore the constraints it places on the contractual capacity of welfare recipients subject to it and how this relates to structural equity barriers. The chapter explores how law can impact the relationships between citizens and what factors are considered by lawmakers in determining whether some people are worthy of being accorded the same citizenship rights as others, thereby drawing attention to the distribution of burdens and benefits in administrative justice. Methods of analysis include participant interviews reflections on procedural rights and review, critical analysis of relevant legislation, and legislative instruments in Australia and New Zealand.

Enabling customers to influence the way they are represented in the bank’s databases, is one of the major personalization, responsiveness, and privacy issues of banking. In this chapter we draw on the results from a qualitative study of the ways in which Australians think of privacy, security, and money. We find that changes in life stages, residence, and relationships motivate people to share additional personal information with their bank, in order to receive personalized services. The chapter proposes ways in which privacy rights management can help customers better represent themselves in a flexible manner, reflecting the changes in their lives.

This chapter discusses the questions of who owns or has a right to use groundwater, how much can they use, where can they use it, and can their water rights be sold? The rules and laws addressing these critical questions have not come easy, and remain highly controversial. This chapter discusses these questions as they have played out in three western states (Texas, New Mexico, and California), as well as Spain and Australia. California’s 2014 Sustainable Groundwater Management Act is used to illustrate many of the challenges.

In Australia (and the UK), pipeline operating companies have a regulatory obligation to ensure that their assets are designed, constructed, operated and maintained so that risk to people and the environment is as low as reasonably practicable (ALARP). In many routine cases, demonstration that risk is ALARP is a matter of compliance with relevant technical standards. There are some cases, however, that are more complex. If a pipeline has been subject to significant urban encroachment and does not conform to current design standards for this service, how does a pipeline operator decide whether risk controls are sufficient? In Australia, rather than either ‘grandfathering’ requirements or mandating retrospective compliance with new standards, operators are required to ensure pipelines are safe and that risk levels are acceptable. The answer in cases such as this is a matter of judgment and we have legal, moral and reputational responsibilities to get decisions such as this right. There is currently no formal requirement in the US for pipeline risks to be ALARP, although the concept is gradually being introduced to US industry safety law. Examples include US offshore well control rules, California refinery safety regulations and the nuclear sector concept of ‘as low as reasonably achievable’. In this paper, we demonstrate application of the ALARP process to a case study pipeline built in the 1960s that has been heavily encroached by urban development. The Australian risk-based approach required formal ALARP assessment including consideration of options to reduce pressure, relocate or replace the pipeline, or increase the level of physical or procedural protection. Current and predicted operating conditions on this existing pipeline allowed reduction in operating pressure in some of the encroached segments, sufficient to achieve the equivalent of current Australian requirements for ‘No Rupture’ in high consequence areas for new pipelines. In other areas this was not achievable and a lesser degree of pressure reduction was instigated, in combination with physical barrier protection. The physical barrier slabbing comprised over 7 km of 20 mm thick high-density polyethylene (HDPE) slabs, buried above the pipeline. This approach was new in Australia and required field trials to confirm effectiveness against tiger tooth excavators and rotary augers. These upgrades to the case study pipeline have significantly decreased the risk of pipeline failure, by reducing both likelihood and consequences of accidental impact. In combination with rigorous procedural controls such as patrol surveillance and community liaison, real risk reduction has been achieved and ALARP has been demonstrated.

Abstract A consistent leading cause of drilling non-productive time (NPT) is the inability to steer the planned well trajectory trouble-free. Separate from downhole tool and drill bit failures, an unplanned trip to change the Bottom Hole Assembly (BHA) is required for up to one in every seven drilling runs. Root cause analyses indicate potentially a quarter of all drilling NPT has poor planning or field execution as the failure mechanism, signifying scope for improvement. This paper aims to help guide optimal selection of RSS/motor and bit, to ensure challenging wellpaths will be achieved with minimal NPT associated with BHA trips. Directional drilling analysis typically compares dogleg severity (DLS) for planned and actual trajectory. This metric is fundamentally direction-blind; absolute tortuosity is represented whether planned or unintentional. Without full context, DLS analysis can mask many steering issues. Typically, industry software does not measure how closely the steering inputs match their anticipated responses during a run. Strategic management and identification of zones with erratic toolface control, or strong formation/BHA tendencies is critical. The proposed ‘derived steering’ analytics method was applied to plan demanding 3D trajectories for an Extended Reach offshore campaign in Australia. Existing minimum curvature equations were repurposed to plot previous runs steering inputs and then infer efficiencies for each formation. Supervision was essential to counteract strong consistent right-hand BHA walk tendency for all the variety of wells studied. Multiple NPT events on previous campaigns had resulted from poor steering response in the shallow interbedded geology. In view of quantifiable field-specific risks, wellplans were refined to minimize tortuosity and maximize the design safety factor. The combination of highest anticipated dogleg response rotary steerable technology and bit selection was selected for steering assurance. Modelled tendencies per lithology were shared with wellsite supervisors, and recent drilling results essentially mimicked data analytics. Others operating in this field in the 21st century had drilled total meterage of 36,740m MD from 83 runs. Bit Gradings showed two ‘Lost in Holes’, one ‘Drill String Failure’, six trips for ‘Downhole Tool Failures’, seven for ‘Penetration Rate’, six to ‘Change BHA’, two for ‘Hole Problems’ and one for ‘Downhole Motor Failure’. The current campaign's improved directional drilling offset analysis contributed towards significant avoidance of well delivery NPT to drill 28,061m in 34 runs. No trips were required to change BHA or bit because of inability to follow the trajectory, and field teams were able to pre-empt lithology-specific challenges.

Background Lung cancer is the number one cause of cancer death worldwide.(1) It is the fifth most commonly diagnosed cancer in Australia (12,741 cases diagnosed in 2018) and the leading cause of cancer death.(2) The number of years of potential life lost to lung cancer in Australia is estimated to be 58,450, similar to that of colorectal and breast cancer combined.(3) While tobacco control strategies are most effective for disease prevention in the general population, early detection via low dose computed tomography (LDCT) screening in high-risk populations is a viable option for detecting asymptomatic disease in current (13%) and former (24%) Australian smokers.(4) The purpose of this Evidence Check review is to identify and analyse existing and emerging evidence for LDCT lung cancer screening in high-risk individuals to guide future program and policy planning. Evidence Check questions This review aimed to address the following questions: 1. What is the evidence for the effectiveness of lung cancer screening for higher-risk individuals? 2. What is the evidence of potential harms from lung cancer screening for higher-risk individuals? 3. What are the main components of recent major lung cancer screening programs or trials? 4. What is the cost-effectiveness of lung cancer screening programs (include studies of cost–utility)? Summary of methods The authors searched the peer-reviewed literature across three databases (MEDLINE, PsycINFO and Embase) for existing systematic reviews and original studies published between 1 January 2009 and 8 August 2019. Fifteen systematic reviews (of which 8 were contemporary) and 64 original publications met the inclusion criteria set across the four questions. Key findings Question 1: What is the evidence for the effectiveness of lung cancer screening for higher-risk individuals? There is sufficient evidence from systematic reviews and meta-analyses of combined (pooled) data from screening trials (of high-risk individuals) to indicate that LDCT examination is clinically effective in reducing lung cancer mortality. In 2011, the landmark National Lung Cancer Screening Trial (NLST, a large-scale randomised controlled trial [RCT] conducted in the US) reported a 20% (95% CI 6.8% – 26.7%; P=0.004) relative reduction in mortality among long-term heavy smokers over three rounds of annual screening. High-risk eligibility criteria was defined as people aged 55–74 years with a smoking history of ≥30 pack-years (years in which a smoker has consumed 20-plus cigarettes each day) and, for former smokers, ≥30 pack-years and have quit within the past 15 years.(5) All-cause mortality was reduced by 6.7% (95% CI, 1.2% – 13.6%; P=0.02). Initial data from the second landmark RCT, the NEderlands-Leuvens Longkanker Screenings ONderzoek (known as the NELSON trial), have found an even greater reduction of 26% (95% CI, 9% – 41%) in lung cancer mortality, with full trial results yet to be published.(6, 7) Pooled analyses, including several smaller-scale European LDCT screening trials insufficiently powered in their own right, collectively demonstrate a statistically significant reduction in lung cancer mortality (RR 0.82, 95% CI 0.73–0.91).(8) Despite the reduction in all-cause mortality found in the NLST, pooled analyses of seven trials found no statistically significant difference in all-cause mortality (RR 0.95, 95% CI 0.90–1.00).(8) However, cancer-specific mortality is currently the most relevant outcome in cancer screening trials. These seven trials demonstrated a significantly greater proportion of early stage cancers in LDCT groups compared with controls (RR 2.08, 95% CI 1.43–3.03). Thus, when considering results across mortality outcomes and early stage cancers diagnosed, LDCT screening is considered to be clinically effective. Question 2: What is the evidence of potential harms from lung cancer screening for higher-risk individuals? The harms of LDCT lung cancer screening include false positive tests and the consequences of unnecessary invasive follow-up procedures for conditions that are eventually diagnosed as benign. While LDCT screening leads to an increased frequency of invasive procedures, it does not result in greater mortality soon after an invasive procedure (in trial settings when compared with the control arm).(8) Overdiagnosis, exposure to radiation, psychological distress and an impact on quality of life are other known harms. Systematic review evidence indicates the benefits of LDCT screening are likely to outweigh the harms. The potential harms are likely to be reduced as refinements are made to LDCT screening protocols through: i) the application of risk predication models (e.g. the PLCOm2012), which enable a more accurate selection of the high-risk population through the use of specific criteria (beyond age and smoking history); ii) the use of nodule management algorithms (e.g. Lung-RADS, PanCan), which assist in the diagnostic evaluation of screen-detected nodules and cancers (e.g. more precise volumetric assessment of nodules); and, iii) more judicious selection of patients for invasive procedures. Recent evidence suggests a positive LDCT result may transiently increase psychological distress but does not have long-term adverse effects on psychological distress or health-related quality of life (HRQoL). With regards to smoking cessation, there is no evidence to suggest screening participation invokes a false sense of assurance in smokers, nor a reduction in motivation to quit. The NELSON and Danish trials found no difference in smoking cessation rates between LDCT screening and control groups. Higher net cessation rates, compared with general population, suggest those who participate in screening trials may already be motivated to quit. Question 3: What are the main components of recent major lung cancer screening programs or trials? There are no systematic reviews that capture the main components of recent major lung cancer screening trials and programs. We extracted evidence from original studies and clinical guidance documents and organised this into key groups to form a concise set of components for potential implementation of a national lung cancer screening program in Australia: 1. Identifying the high-risk population: recruitment, eligibility, selection and referral 2. Educating the public, people at high risk and healthcare providers; this includes creating awareness of lung cancer, the benefits and harms of LDCT screening, and shared decision-making 3. Components necessary for health services to deliver a screening program: a. Planning phase: e.g. human resources to coordinate the program, electronic data systems that integrate medical records information and link to an established national registry b. Implementation phase: e.g. human and technological resources required to conduct LDCT examinations, interpretation of reports and communication of results to participants c. Monitoring and evaluation phase: e.g. monitoring outcomes across patients, radiological reporting, compliance with established standards and a quality assurance program 4. Data reporting and research, e.g. audit and feedback to multidisciplinary teams, reporting outcomes to enhance international research into LDCT screening 5. Incorporation of smoking cessation interventions, e.g. specific programs designed for LDCT screening or referral to existing community or hospital-based services that deliver cessation interventions. Most original studies are single-institution evaluations that contain descriptive data about the processes required to establish and implement a high-risk population-based screening program. Across all studies there is a consistent message as to the challenges and complexities of establishing LDCT screening programs to attract people at high risk who will receive the greatest benefits from participation. With regards to smoking cessation, evidence from one systematic review indicates the optimal strategy for incorporating smoking cessation interventions into a LDCT screening program is unclear. There is widespread agreement that LDCT screening attendance presents a ‘teachable moment’ for cessation advice, especially among those people who receive a positive scan result. Smoking cessation is an area of significant research investment; for instance, eight US-based clinical trials are now underway that aim to address how best to design and deliver cessation programs within large-scale LDCT screening programs.(9) Question 4: What is the cost-effectiveness of lung cancer screening programs (include studies of cost–utility)? Assessing the value or cost-effectiveness of LDCT screening involves a complex interplay of factors including data on effectiveness and costs, and institutional context. A key input is data about the effectiveness of potential and current screening programs with respect to case detection, and the likely outcomes of treating those cases sooner (in the presence of LDCT screening) as opposed to later (in the absence of LDCT screening). Evidence about the cost-effectiveness of LDCT screening programs has been summarised in two systematic reviews. We identified a further 13 studies—five modelling studies, one discrete choice experiment and seven articles—that used a variety of methods to assess cost-effectiveness. Three modelling studies indicated LDCT screening was cost-effective in the settings of the US and Europe. Two studies—one from Australia and one from New Zealand—reported LDCT screening would not be cost-effective using NLST-like protocols. We anticipate that, following the full publication of the NELSON trial, cost-effectiveness studies will likely be updated with new data that reduce uncertainty about factors that influence modelling outcomes, including the findings of indeterminate nodules. Gaps in the evidence There is a large and accessible body of evidence as to the effectiveness (Q1) and harms (Q2) of LDCT screening for lung cancer. Nevertheless, there are significant gaps in the evidence about the program components that are required to implement an effective LDCT screening program (Q3). Questions about LDCT screening acceptability and feasibility were not explicitly included in the scope. However, as the evidence is based primarily on US programs and UK pilot studies, the relevance to the local setting requires careful consideration. The Queensland Lung Cancer Screening Study provides feasibility data about clinical aspects of LDCT screening but little about program design. The International Lung Screening Trial is still in the recruitment phase and findings are not yet available for inclusion in this Evidence Check. The Australian Population Based Screening Framework was developed to “inform decision-makers on the key issues to be considered when assessing potential screening programs in Australia”.(10) As the Framework is specific to population-based, rather than high-risk, screening programs, there is a lack of clarity about transferability of criteria. However, the Framework criteria do stipulate that a screening program must be acceptable to “important subgroups such as target participants who are from culturally and linguistically diverse backgrounds, Aboriginal and Torres Strait Islander people, people from disadvantaged groups and people with a disability”.(10) An extensive search of the literature highlighted that there is very little information about the acceptability of LDCT screening to these population groups in Australia. Yet they are part of the high-risk population.(10) There are also considerable gaps in the evidence about the cost-effectiveness of LDCT screening in different settings, including Australia. The evidence base in this area is rapidly evolving and is likely to include new data from the NELSON trial and incorporate data about the costs of targeted- and immuno-therapies as these treatments become more widely available in Australia.