Journal articles on the topic 'Separation (Law) Australia'
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1
Okhovat, Sahar, Asher Hirsch, Khanh Hoang, and Rebecca Dowd. "Rethinking resettlement and family reunion in Australia." Alternative Law Journal 42, no. 4 (November 27, 2017): 273–78. http://dx.doi.org/10.1177/1037969x17732705.
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Family reunion remains a significant issue for refugee communities in Australia. Family separation causes significant psychological, social and economic harm to displaced communities. Instead of supporting the reunion of refugee families, the current law and policies make it increasingly difficult, if not impossible, for refugees to bring their family members to Australia. This article outlines the barriers to family reunion for refugees under Australian law and policy and addresses how such policies could be reformed to better facilitate reunification.
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Kelly, Danial. "FOUNDATIONAL SOURCES AND PURPOSES OF AUTHORITY IN AUSTRALIAN LAW." Jambe Law Journal 1, no. 1 (July 9, 2018): 1–12. http://dx.doi.org/10.22437/home.v1i1.8.
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The starting point in understanding Australia’s socio-legal place in an international context is to be familiar with its Western legal tradition. Some of the characteristics of the Western idea of law include the separation of law from other normative systems (such as religion), the centrality or primacy of law as a method of regulating society, and the inherent authority of law. Other major socio-legal features of contemporary Australia include a multicultural population and government by representative democracy. Australian law has sprung out of the English branch of the Western legal tradition, therefore the English heritage of Australian law will first be considered.
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Kelly, Danial. "FOUNDATIONAL SOURCES AND PURPOSES OF AUTHORITY IN AUSTRALIAN LAW." Jambe Law Journal 1, no. 1 (July 9, 2018): 1–12. http://dx.doi.org/10.22437/jlj.1.1.1-12.
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The starting point in understanding Australia’s socio-legal place in an international context is to be familiar with its Western legal tradition. Some of the characteristics of the Western idea of law include the separation of law from other normative systems (such as religion), the centrality or primacy of law as a method of regulating society, and the inherent authority of law. Other major socio-legal features of contemporary Australia include a multicultural population and government by representative democracy. Australian law has sprung out of the English branch of the Western legal tradition, therefore the English heritage of Australian law will first be considered.
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Boughey, Janina. "Re-Evaluating the Doctrine of Deference in Administrative Law." Federal Law Review 45, no. 4 (December 2017): 597–625. http://dx.doi.org/10.22145/flr.45.4.6.
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It is frequently said that Australian administrative law does not have, and cannot accommodate, a doctrine of deference. These statements, from judges and commentators, tend to cite the High Court's decision in Corporation of the City of Enfield v Development Assessment Commission1 as authority. In that case, the High Court of Australia indicated that Australia's strict separation of powers, as manifested by the legality/merits distinction, does not allow courts to defer to administrative bodies in determining the meaning of ambiguous statutory provisions. Since Enfield, there have been considerable developments in the application, and theorisation, of deference across the common law world. This article examines developments in the UK and Canada, and argues that they show that there is no single ‘doctrine’ of deference – deference is applied in administrative law in a range of ways. I argue that some of the ways in which Canadian and UK courts apply deference are not dissimilar from the principles Australian courts already apply in reviewing executive action. I argue that Australian law may benefit from greater attention to, and wider application of, these deferential principles, in order to curb judicial intrusion into administrative discretion.
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Boughey, Janina. "The Reasonableness of Proportionality in the Australian Administrative Law Context." Federal Law Review 43, no. 1 (March 2015): 59–90. http://dx.doi.org/10.22145/flr.43.1.3.
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Although the High Court has never ruled on the issue, the prevailing view has been that unless parliaments enact bills of rights, the principle of proportionality does not and cannot play a role in judicial review of administrative decisions in Australia. Yet in Minister for Immigration and Citizenship v Li, a majority of the High Court hinted that this may not be the case. This article analyses the reasons for Australia's longstanding reluctance to embrace proportionality in the administrative law context, and whether the decision in Li has altered this position. It then explores overseas developments in proportionality review which reveal that the principle may take on many forms in the administrative law context, with differing implications for the separation of powers. The article finds that it might be possible to accommodate certain methods of applying proportionality within Australia's judicial review framework, but not without significant broader changes to judicial review of administrative action in Australia.
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Buckingham, Donna. "A Binding Separation: The New Zealand-Australia Partnership in Free Access to Law." International Journal of Legal Information 38, no. 3 (2010): 269–81. http://dx.doi.org/10.1017/s0731126500005874.
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While both New Zealand and Australia have a shared history, each tells a separate story of sovereignty. Both began as British colonies and, when Australia became a federation in 1901, there was opportunity for New Zealand to join. It chose not to do so. To use an image from Moori, New Zealand's indigenous language, it decided to paddle its own waka (canoe). A century and a bit later, the New Zealand Legal Information Institute (NZLII) is another iteration of that drive to differentiate, born of a hope that an indigenous online identity might help to build more comprehensive free access to its legal information.
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McLeod, Matthew. "Distancing From Accountability? Governments’ Use of Soft Law in the COVID-19 Pandemic." Federal Law Review 50, no. 1 (February 22, 2022): 3–19. http://dx.doi.org/10.1177/0067205x211066144.
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This article analyses how governments across Australia and the world have employed ‘soft law’ in their responses to the COVID-19 pandemic. Rather than simply directing the public to the text of voluminous, complex and everchanging public health orders, executive officials have utilised a variety of non-legal soft law instruments to inform the community of their rights and obligations. These instruments are beneficial — especially in a public health crisis — as they are comprehensible, adaptable and effective. However, their non-legal nature also presents significant accountability issues which challenge the Australian conception of the separation of powers. Soft law exists independent of any parliamentary authorisation or oversight. Subsequently, those affected by soft law lack almost any ability to challenge its use in court. To remedy such issues, this article recommends a greater role for administrative complaint mechanisms (such as Ombudsman recommendations and discretionary payment schemes) in combatting abuses of soft law. It further suggests that the limited adoption of two foreign doctrines — substantive legitimate expectations and epistemic deference — into Australian judicial review could aid in addressing this dilemma.
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M Sakr, Johnny, and Augusto Zimmermann. "Judicial Activism and Constitutional (Mis) Interpretation." University of Queensland Law Journal 40, no. 1 (March 26, 2021): 119–48. http://dx.doi.org/10.38127/uqlj.v40i1.5643.
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In this article, the authors explore the concept of judicial activism and its application in the Australian domestic cases of Australian Capital Television Pty Ltd v Commonwealth and Love v Commonwealth, and in the US case of Obergefell v Hodges. The article highlights the devastating effects of judicial activism on legal interpretation, arguing that such activism compromises the doctrine of separation of powers and affects the realisation of the rule of law, resulting in a method ofinterpretation that incorporates personal biases and political opinion, thus ignoring the original intent of the framers of the Australian Constitution. Moreover, the article highlights that implementing a federal Bill of Rights might further exacerbate these ongoing problems concerning judicial activism in Australia.
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Ali, Jan A. "A Sociological Analysis of the Understanding, Application, and Importance of Shari’a in Everyday Living of Young Muslims in Sydney." Sociology of Islam 7, no. 2-3 (September 23, 2019): 165–88. http://dx.doi.org/10.1163/22131418-00702001.
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Muslims believe that shari’a is God’s law or a divinely revealed law. In Islamic tradition shari’a covers the physical, intellectual, and spiritual needs of human life and comprises a composite of rules of conduct and forms a source of complete guidance towards the right path – siraat al mustaqeem – for the entire humanity. Islam as a complete way of life demands its adherents to follow and carry out the injunctions of the shari’a in all aspects of life. However, Muslims in Australia are a part of a modern secular nation-state which operates under common law system and its constitution demands a separation of church and state. It is in this context this paper sociologically examines the understanding and application of shari’a in Muslim everyday living. It posits that despite the secular nature of Australian state, Muslims are able to implement shari’a in their everyday-living as it is an essential source of guidance for them and forms the basis of being a “good” Muslim. Muslims don’t demand the constitutionalization of shari’a but a wider recognition of it in Australia as it continues to be important and the foundation of their religion, their mode of existence, and ethico-moral structure.
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Brown, Thea, Alison Lundgren, Lisa-Maree Stevens, and Jennifer Boadle. "Shared parenting and parental involvement in children's schooling following separation and divorce." Children Australia 35, no. 1 (2010): 7–13. http://dx.doi.org/10.1017/s1035077200000912.
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Although the new family law legislation, the Family Law (Shared Parental Responsibility) Amendment Act of 2006, seeks to implement the notion of ongoing and collaborative parenting of children following parental partnership breakdown, separation and divorce, institutional obstacles still prevent the realisation of this policy. The question then arises: can such a model of separation and divorce be achieved? This question is examined through a discussion of a series of studies undertaken by a Monash University research team investigating parents' involvement in their children's schooling following parental separation and divorce. The research, building on a number of small studies carried out in Western Australia, looked at parents' and teachers' views of schools' ability to relate to separated and divorced parents and the wider difficulty of schools managing this family form.
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Gray, Anthony. "Mandatory Sentencing Around the World and the Need for Reform." New Criminal Law Review 20, no. 3 (2017): 391–432. http://dx.doi.org/10.1525/nclr.2017.20.3.391.
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This article considers the increased use of mandatory sentencing provisions in a range of jurisdictions, including Canada, Australia, the United States, and United Kingdom/Europe. It finds that, whereas some courts have struck out mandatory sentencing laws, often mandatory minimum penalties have been validated. This jurisprudence is considered through a range of themes, including notions of arbitrariness, the doctrine of proportionality, the relevance of objectives of the criminal justice system, and broader questions regarding the separation of powers.
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Hart, Amanda Shea. "The silent minority: The voice of the child in family law." Children Australia 28, no. 4 (2003): 31–38. http://dx.doi.org/10.1017/s1035077200005794.
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Family law in Australia is an important and unique jurisdiction that directly impacts upon the well-being and future family relationships of children whose families are in dispute over post separation parenting arrangements. The United Nations Convention on the Rights of the Child states that children have the right to participate in decisions that directly affect them. But there are many barriers and tensions to children's participation in the jurisdiction of family law in Australia. Decisions said to be in the child's ‘best interests’ are influenced by value judgments and beliefs that are informed by dominant western discourses on the needs and competencies of children. In practice under the Family Law Reform Act 1995 children remain marginalised without an effective voice. Failure to hear the voice of the child is of special concern for children who have been traumatised by exposure to family violence and ongoing conflict. It is important to develop new understandings about children and the importance of giving children a voice.
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Taylor, Nicola, Robyn Fitzgerald, Tamar Morag, Asha Bajpai, and Anne Graham. "International Models of Child Participation in Family Law Proceedings following Parental Separation / Divorce." International Journal of Children’s Rights 20, no. 4 (2012): 645–73. http://dx.doi.org/10.1163/15718182-55680006.
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This article reports on the findings of a 2009 survey conducted under the auspices of the Childwatch International Research Network about how children’s participation rights, as set out in Articles 12 and 13 of the UNCRC, are respected in private family law proceedings internationally. Court-based and alternative dispute resolution processes and the roles of relevant professionals engaged in child-inclusive practices are considered, as well as religious, indigenous and customary law methods of engaging with children. The findings from the 13 participating countries confirm an increasing international commitment to enhancing children’s participation in family law decision-making, but depict a wide variety of approaches being used to achieve this. Case studies from Australia, India, Israel and New Zealand are included to illustrate differing models of children’s participation currently in use in decision-making processes following parental separation.
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Francia, Leanne, Prudence Millear, and Rachael Sharman. "Mothering – a mode of protecting rather than parenting in the aftermath of post separation family violence in Australia." Children Australia 45, no. 2 (June 2020): 109–16. http://dx.doi.org/10.1017/cha.2020.24.
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AbstractThe focus of this qualitative study was on separated mother’s (N = 36) lived experiences of mothering in the context of post separation family violence and the Australian family law system. Thematic analysis of interviews was guided by a theoretical framework, this being the Three Planets Model. Analysis of the data resulted in two themes relating to mothering being identified. Firstly, that women demonstrated a mode of protecting rather than parenting indicating that mothering was often undertaken in isolation and fear, within an adversarial family law system, and in the presence of a perpetrator of family violence. The second theme related to the aftermath of separation and the long dark shadow cast by family violence. After having left a controlling and violent relationship, separated mothers reported that there was no opportunity to recover, nor to healthily extricate themselves from family violence, which resulted in cumulative harm not only for their wellbeing but also for their children.
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Smyth, B. "Parent-Child Contact in Australia: Exploring Five Different Post-Separation Patterns of Parenting." International Journal of Law, Policy and the Family 19, no. 1 (April 1, 2005): 1–22. http://dx.doi.org/10.1093/lawfam/ebi001.
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Douek, Evelyn. "All Out of Proportion: The Ongoing Disagreement about Structured Proportionality in Australia." Federal Law Review 47, no. 4 (September 12, 2019): 551–82. http://dx.doi.org/10.1177/0067205x19875010.
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In 2015, a majority of the High Court of Australia incorporated structured proportionality testing into Australian constitutional law for the first time, but the test’s suitability for Australian law has been contested ever since. The recent case of Clubb is an ambivalent result for the test’s advocates: while structured proportionality testing now seems to have the support of a solid majority of current members of the High Court, the dissentients seem as strongly opposed as ever and continue to be vocal about the test’s unsuitability for Australian law. This article surveys the three main criticisms levelled against structured proportionality in Australia: that it is too indeterminate, that it involves judges transgressing the separation of powers, and that it is inappropriate in the unique context of the implied freedom of political communication (‘the freedom’). There are reasons why these critiques of structured proportionality carry particular weight and resonance in Australia’s constitutional culture, marked as it is by legalism and deference to the legislature. But these reasons are also why adoption of structured proportionality is consistent with Australia’s constitutional commitments and jurisprudence. The question of whether structured proportionality is beneficial needs to start with the question of ‘ compared to what?’ Many of the criticisms levelled against structured proportionality apply all the more forcefully against the prior test of whether the legislative measure is ‘appropriate and adapted’ to serve a legitimate end. And the inherent commitments of proportionality make it better suited to Australian law than the increasingly proposed alternative of a categorical approach. The particular method of judicial reasoning in cases concerning the freedom might seem like a highly abstract and theoretical question, especially when the justices applying differing methods largely agree on the merits in the relevant cases. But this continuing uncertainty and divergence on the Court has tangible costs. The project of making reasoning more transparent and constrained is significantly undermined by uncertainty as to whether and how the test will be applied at all. There are also second-order effects in the form of institutional costs. In the context of the freedom, where judicial review has long been controversial, the division of the Court into pro- and anti-structured proportionality factions has particularly high costs to institutional integrity and legitimacy. At some point there will be a question of whether the damage of warring judgments over method outweighs the damage done by choosing even the ‘worst’ of the available options. This article argues that structured proportionality is not that ‘worst’ option.
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Genever, Geoff. "Prosecutors or Protectors? Police and Aborigines in Pre-Separation Queensland." Queensland Review 4, no. 1 (April 1997): 63–70. http://dx.doi.org/10.1017/s132181660000132x.
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If any characteristic has distinguished the police in Australia from their original models in England or Ireland, it has been their continually changing role in the government of Aborigines.In the 1830s and 40s, in the absence of any real law enforcement body, uncontained conflict between settlers and Aborigines in what was to become southern Queensland resulted in a spiral of violence that was at times gratuitous. Some whites killed blacks out-of-hand. For their part, Aborigines retaliated when and how they could. One settler, for example, told how in a little over two years fifteen of his shepherds had been murdered and whole herds of his animals had been butchered simply for the fat their kidneys contained.
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Murphy, Julian R. "Oceans Apart?: The Rule of Lenity in Australia and the United States." British Journal of American Legal Studies 9, no. 2 (August 4, 2020): 233–60. http://dx.doi.org/10.2478/bjals-2020-0011.
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AbstractOccasionally traced back to Byzantine times, the rule that penal statutes are to be interpreted strictly in favor of the subject, also known as the rule of lenity, now finds expression in common law countries across the world. This Article compares the origins and evolution of the rule in Australia and the United States. The comparison is timely because of the current uncertainty in both jurisdictions about the rule's rationale and scope and because of an emerging global trend towards the “constitutionalization” of common law rules of interpretation. In the course of the analysis, various facets of the rule are discussed, including its common law origins; jurisprudential development; purported constitutional foundations; and modifications by state and federal statutes. Tracing the rule's development in each country reveals significant commonalities, but also important differences, in the respective approaches to the interpretation of criminal statutes. Most importantly, despite similarities in the two countries’ constitutional structures, the rule has assumed constitutional significance in the United States but not in Australia. Identification of this marked difference provides an opportunity to reflect on the separation of powers, and the federal structure, of each country.
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Young, Michael D., and Darla Hatton MacDonald. "An opportunity to improve water trading in the South East Catchment of South Australia." Water Policy 5, no. 2 (April 1, 2003): 127–46. http://dx.doi.org/10.2166/wp.2003.0008.
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This paper outlines how an area-based water allocation system for irrigating crops could be converted to a system of shares, structured so as to allow the development of a low cost trading market for water and salinity shares. It stresses the need for separation of entitlements of water from land and the separation of water rights into their various components. By moving to this type of allocation system, combined with some safeguard provisions, trade in groundwater could be facilitated in the South East Water Catchment located in the State of South Australia. Separation of salinity and other environmental impacts from water volume trading will allow market assessment of highest and best use to include consideration of environmental impacts. Although the focus of the paper is on groundwater allocation and management, the principles and concepts outlined are applicable to surface water systems.
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Sanders, Rachael. "Editorial." Children Australia 38, no. 1 (January 30, 2013): 1–4. http://dx.doi.org/10.1017/cha.2012.43.
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Welcome to the first issue of Children Australia for 2013. We trust you had an enjoyable festive season and are now firmly back into your work/life routines for the New Year. This year Jennifer and I are continuing with our commitment to bring quality research and practice-based commentaries about issues important to children, young people, families and the professionals who work with them. Later in the year we will see a special issue guest edited by Dr Nicola Taylor from the Centre for Research on Children and Families, Otago University, New Zealand. The special issue will focus on matters related to family law, the court system and separation/divorce. In addition to our regular invitation to submit your papers to Children Australia, we invite experts in the field to make contributions to the special issue.
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Riggs, Damien W., and Stacy Blythe. "Experiences of separation and divorce among foster and adoptive families: the need for supportive responses." Adoption & Fostering 41, no. 1 (February 8, 2017): 75–81. http://dx.doi.org/10.1177/0308575916681715.
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Separation and divorce are realities faced by many families. Yet in the case of foster and adoptive families, only a small number of studies have looked at the way such experiences affect them. This article seeks to fill this gap by exploring the nature and consequences of separation and divorce among foster and adoptive families in Australia and the United States. A thematic analysis of primary and secondary data collected by the authors identified three dominant themes: (1) that divorcing foster families experience variable responses from service providers; (2) that some adoptive parents perceive that relationship breakdowns compound adoption-related losses; and (3) that some adoptees challenge the assumption that the nature and experience of separation and divorce among adoptive families is unique. The article concludes by advocating for the provision of clear guidelines for foster and adoptive families experiencing separation or divorce, and highlights the need for supportive community responses to help those affected.
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Taylor, Nicola. "Child Participation: Overcoming Disparity between New Zealand’s Family Court and Out-of-court Dispute Resolution Processes." International Journal of Children’s Rights 25, no. 3-4 (November 17, 2017): 658–71. http://dx.doi.org/10.1163/15718182-02503004.
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This article considers children’s right to participate in the context of private law disputes concerning their post-separation, day-to-day care and contact arrangements. In New Zealand the approach to ascertaining children’s views has been both long-standing and systematic for contested proceedings within the Family Court (via children’s legal representatives and judicial meetings with children). However, major reform of the family justice system in 2014 shifted the emphasis to new out-of-court processes for resolving post-separation parenting arrangements. The reforms were disappointingly silent on the issue of children’s participation in the new Family Dispute Resolution services, particularly mediation. A disparity has thus arisen between opportunities for children’s engagement in New Zealand’s in-court and out-of-court dispute resolution processes. Research evidence and international developments in Australia and England and Wales are reviewed for the guidance they can offer in remedying this in New Zealand and elsewhere.
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De Jong, M. "Arbitration of family separation issues – a useful adjunct to mediation and the court process." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 17, no. 6 (November 14, 2014): 2356. http://dx.doi.org/10.4314/pelj.v17i6.04.
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For over half a century now, section 2(a) of the Arbitration Act 42 of 1965 has prohibited arbitration in respect of matrimonial and related matters. In this article it will be illustrated that this prohibition is clearly incompatible with present-day demands. Today there is a strong tendency in public policy towards alternative dispute resolution processes such as arbitration. As any recommendations that arbitration should be applied to family law disputes must be anchored in an analysis of the specific character of the arbitral remedy, the article begins by giving a broad overview of the nature of arbitration. This is followed by a discussion of the present-day demand for family arbitration, which examines the problems experienced with the adversarial system of litigation in resolving family law disputes, party autonomy, the development of alternative dispute resolution processes such as mediation and arbitration, the special synergy between mediation and arbitration, the success of arbitration in other fields of law and possible forerunners for family arbitration in South Africa. Inherent in the demand for family law arbitration are the many advantages of arbitration, which are also touched upon. Thirdly, current trends in England, Australia, the United States of America, Canada and India are analysed so as to identify a suitable family law arbitration model for South Africa. Special attention is paid to the matters that should be referred to arbitration – for example, should it be confined to matrimonial property and financial disputes or extended to all matters incidental to divorce or family breakdown, including children's issues? Other questions examined include whether family arbitration should comply with substantive law only, who should act as arbitrators, whether family arbitration should be voluntary or compulsory, what the court's role in the family arbitration process should be, and whether family law arbitration should be regulated by the existing Arbitration Act or by a separate statute with specialised rules for family matters. Lastly, it is concluded that although family arbitration will not have universal appeal or common application, it should be encouraged and enforceable for those who choose this private alternative dispute settlement technique to resolve their family disputes.
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Parkinson, Patrick. "Quantifying the Homemaker Contribution in Family Property Law." Federal Law Review 31, no. 1 (March 2003): 1–55. http://dx.doi.org/10.22145/flr.31.1.1.
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A central question in family property law in Australia is how to place a value on the homemaker contribution in comparison with other kinds of contribution. The problem is especially difficult where the property largely consists of assets owned before marriage, acquired by inheritance, or received after separation. This article explores the relevance of the homemaker contribution to property division both in marriages and de facto relationships, challenging the popular assumption that living together per se justifies significant wealth transfers. It is argued that parenthood provides the most important justification for property alteration, and that withdrawal from workforce participation due to the care of children or other family members is the primary concern in evaluating the homemaker contribution. The article then goes on to explore what the homemaker contribution meant when the Family Law Act 1975 (Cth) (‘the Family Law Act’) was enacted, and how that conceptual coherence has become lost over time. There are now two different approaches which have emerged to the quantification of the homemaker contribution in the context of pre-marital property, inheritances, damages awards and property acquired after separation. These approaches are irreconcilable. The approach which is now finding favour in the Full Court of the Family Court is one which makes it impossible for the Court to explain how it has reached its decision on the quantification of the parties' proportionate shares. Furthermore, it is founded on an interpretation of the homemaker contribution that Parliament never intended and has not since authorised. This raises important questions about the legitimacy of the Court's approach to property division under s 79 of the Family Law Act. The article concludes by offering a new interpretation of the role which the homemaker contribution should play in the division of property on relationship breakdown which is consistent with the overall framework of s 79. It involves two distinct considerations of the homemaker contribution. The first is to examine how homemaker contributions should be rewarded. The second is to consider how they should be compensated.
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Chaile, Roshan. "The Proportionality Principle and the Kable Doctrine: A New Test of Constitutional Invalidity?" Global Journal of Comparative Law 1, no. 2 (2012): 163–93. http://dx.doi.org/10.1163/2211906x-00102002.
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In Kable v Director of Public Prosecutions (NSW) the High Court of Australia declared that the requirements of Chapter III of the Australian Constitution prohibited a State legislature from conferring powers on a State court that were repugnant or incompatible with their status as repositories of federal judicial power. This was a significant constitutional watershed; it had never previously been suggested that the protections contained in Chapter III applied to State courts. Recent applications of Kable, however, have given rise to concerns that the principles to be derived from that case are unclear. This is a serious deficiency given that State legislatures, not bound by a separation of powers doctrine at a State level, may choose to confer important decision-making functions on non-judicial bodies. This article explores whether a bipartite inquiry, such as that employed in the rights jurisprudence in both England and Strasbourg, may clarify the meaning and scope of the principle enunciated in Kable. It commences by formulating a mode of inquiry which is intended to assist courts in determining whether a legislative act impairs the institutional integrity of a State court. It then argues that the principle of proportionality should be employed to determine whether a prima facie impairment may nonetheless be excusable. Such a conclusion would be reached where it can established that the legislative act is necessary in a democratic society, in the sense that it addresses a pressing social need. The introduction of this limited ground of justification promotes greater clarity and ensures that an appropriate balance is maintained between State legislative autonomy and the institutional integrity of State courts.
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Fowler, Cathrine, Chris Rossiter, Angela Dawson, Debra Jackson, and Tamara Power. "Becoming a “Better” Father: Supporting the Needs of Incarcerated Fathers." Prison Journal 97, no. 6 (October 3, 2017): 692–712. http://dx.doi.org/10.1177/0032885517734495.
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Given the importance of fathering to the well-being and development of children, paternal incarceration has a major impact on children and families. Drawing on interviews with 64 incarcerated fathers in New South Wales, Australia, this article explores their experiences. The men’s childhood familial separation and disconnection is frequently repeated in adulthood, with limited contact with their own families even when not in custody. Despite barriers to connection, the interviewees express strong aspirations to be “good” fathers and to achieve a “better life” for their children. The absence of stable models of responsive fathering in early life is a common theme that has implications for the development of education and support programs for imprisoned fathers.
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Kirkham, Richard, and Anita Stuhmcke. "The common law theory and practice of the ombudsman/judiciary relationship." Common Law World Review 49, no. 1 (February 26, 2020): 56–74. http://dx.doi.org/10.1177/1473779520904963.
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In both Australia and the United Kingdom, the ombudsman sector plays a specific role in the oversight of the administration of government, but there exists no clear overarching theoretical framework within which the institution is aligned with common law constitutionalism. An ombudsman’s functionality is secured by gaining legal authority from parliament and effective power through executive acquiescence, but simultaneously to function effectively it must maintain a degree of separation from the executive and parliament. This situation creates a regulatory gap which the courts fill by acting in a supervisory relationship over the ombudsman sector. In turn, this raises the danger that the legitimacy gained through judicial oversight results in a loss of flexibility and uniqueness in the ombudsman institution. Through an empirical study of the case law on the sector, this article confirms that the courts have shaped and legitimised the role of the ombudsman institution under the common law constitution. Yet this study also suggests that there is a risk that over-reliance upon the judiciary to perform a retrospective, reactive and intermittent control function can lead to an inappropriate imposition of judicial values on the ombudsman sector as well as the courts performing an unsuited regulatory role.
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Cáceres Ruiz, Ana María, and Atiq Zaman. "The Current State, Challenges, and Opportunities of Recycling Plastics in Western Australia." Recycling 7, no. 5 (September 6, 2022): 64. http://dx.doi.org/10.3390/recycling7050064.
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In 2018–2019, 85% of discarded plastics were landfilled in Australia. In Western Australia (WA), only 5.6% of plastics were recovered for reprocessing. With several Asian Countries imposing import restrictions, which were the prime destination for recyclables from Australia, the whole scenario for the waste industry has changed. Australia has now adopted export bans for recyclables, including plastics. WA is at a fork in the road; WA needs to rethink its relationship with plastic materials. This study explores how to create local markets for recycled plastics underpinning circular principles. The study examines barriers and drivers to enable markets for recycled plastics in WA through questionnaires, surveys, and interviews with relevant stakeholders. Poor source separation, low and inconsistent plastic waste feedstock, and virgin plastic competition are some of the challenges, while new investments in recycling infrastructure, WA’s take-back scheme for beverage containers and circularity frameworks are drivers. This study concludes that a modulated fee-based product stewardship model focused on product design, along with strategies such as green procurement and landfill management modifications would promote a circular plastic waste economy in WA. This can create markets for secondary recycled plastics, minimize the over-reliance on fossil fuels and prevent plastics from leaking into ecosystems.
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Cook, Clarissa, and Malcolm Waters. "The Impact of Organizational Form on Gendered Labour Markets in Engineering and Law." Sociological Review 46, no. 2 (May 1998): 314–39. http://dx.doi.org/10.1111/1467-954x.00121.
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It is well known that occupations are differentially gendered and explanations for such gendering usually focus on structure and process in the labour market. However little is known of the fine detail of the way in which labour markets perform for particular occupations in particular local contexts. This article is based on micro-sociological research on the professional labour markets for law and engineering professionals in the city of Hobart, Australia. It addresses a discrepancy in women's participation and promotion rates in each of these professions: the proportion of women in high positions in engineering matches their educational qualification rates while that in law is considerably lower than educational qualification rates would suggest. The paper proposes that the explanation can be found in the respective organizational patterns of the two professions. Engineering is practised in large-scale bureaucratic organizations where formal rules govern recruitment and promotion, where equal opportunities legislation literally applies, and where a strict separation is maintained between public and domestic spheres. By contrast, law is practised in collegial partnerships where informal judgements govern recruitment and promotion, where the letter of equal opportunities legislation need not be applied, and where advancement depends on the subordination of the domestic to the public sphere.
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Steele, Linda, Kate Swaffer, Lyn Phillipson, and Richard Fleming. "Questioning Segregation of People Living with Dementia in Australia: An International Human Rights Approach to Care Homes." Laws 8, no. 3 (August 15, 2019): 18. http://dx.doi.org/10.3390/laws8030018.
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This article explores how care homes—and, specifically, their common features such as dementia care units and locked doors and gates—impact on the human rights of people living with dementia. We suggest that congregation, separation and confinement of people living with dementia by the care home built environment constitute ‘segregation’. In the specific context of residential aged care facilities in Australia, we draw on the United Nations Convention on the Rights of Persons with Disabilities (‘CRPD’) to frame this segregation as an injustice. We focus on the rights to non-discrimination (Article 5), liberty and security of the person (Article 14), equality before the law (Article 12), accessibility (Article 9), and independent living and community inclusion (Article 19). Our analysis shows that addressing segregation must involve structural and resource reforms that are transformative in bringing about new ways of living and relating to each other. Such reforms are directed towards providing meaningful alternatives and appropriate supports to make choices from a range of alternative residency and support options, and building communities that are free from ableism, ageism and other systems of oppression that contribute to confinement and segregation.
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Selmani-Bakiu, Arta. "Joined and Responsible Parenting." SEEU Review 12, no. 1 (June 1, 2017): 149–65. http://dx.doi.org/10.1515/seeur-2017-0011.
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Abstract In the contemporary family law, parents are obliged to arrange the joined implementation of the parenting rights either by their own will or through the help of their lawyers and/or mediators. This institute of mutual agreement is known as joined custody or joined implementation of the parenting right after the divorce of the marriage. This institute makes it possible for parents who live separately to arrange their custody rights in the most convenient way for the child. With a joined custody agreement, the parents accept the obligation to implement all the rights and duties that constitute the parenting right even in case of their separation. Through not dividing their rights from their obligations and with the aim of being closer to the needs of the child, the institute of joined custody helps avoid the feelings of hostility and disagreement in regard to the judicial decision which gives permanent custody to one of the parents. This institute is incorporated in the family law of many countries (Sweden, Norway, Finland, Denmark, UK, France, Italy, Germany, Belgium, Switzerland, Hungary, Czech Republic, USA and Australia). This article aims to emphasize the need to introduce in the family law of RM an explicit provision for joined and responsible custody after the divorce in order to achieve the best interest of the child. There is a joined initiative of parents who live separately from their children who request the amendment of the Family Law of RM in this direction.
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Short, J., and B. Turner. "Distribution and abundance of spectacled hare-wallabies and euros on Barrow Island, Western Australia." Wildlife Research 18, no. 4 (1991): 421. http://dx.doi.org/10.1071/wr9910421.
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Spectacled hare-wallabies (Lagorchestes conspicillatus) and euros (Macropus robustus isabellinus) occur on Barrow I. at densities of 42 and 8 km-2, respectively, which result in estimates of total population sizes of c. 10000 and 1800, respectively. Spectacled hare-wallabies occur throughout the island in all habitat types; euros tend to be concentrated in the deeply dissected country in the central-west of the island. Limited areas of floodout flats are important feeding areas for euros, being the only major habitat on the island dominated by grasses other than Triodia. There was no significant difference between density of either species on the two halves of the island (one half is dominated by a commercial oilfield; the other is relatively undisturbed). Barrow I. is the smallest island off the Australian coast to have successfully supported a population of large macropods for the 8000-10000 years since separation from the mainland by rising sea-level. Hence, the population estimate of euros on Barrow I. provides an empirical measure of the viable population size necessary for the long-term survival of large macropods. This estimate is nearly two orders of magnitude less than that estimated from a theoretical model of minimum viable population size (Belovsky 1987).
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Burton, Andrew M., and Penny Olsen. "Niche Partitioning by Two Sympatric Goshawks in the Australian Wet Tropics: Breeding-season Diet." Wildlife Research 24, no. 1 (1997): 45. http://dx.doi.org/10.1071/wr96085.
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In general, coexisting accipiters show low dietary overlap and clear morphological separation. However, most studies have been conducted in the Northern Hemisphere. In Australia, the two accipitrid goshawks, the grey goshawk, Accipiter novaehollandiae, and brown goshawk, A. fasciatus, are relatively similar in size. The diets of the two goshawks were studied in an area of sympatry, at Abergowrie State Forest, Queensland, in the wet tropics, during the breeding season. The diet of the brown goshawk contained more birds than did that of the grey goshawk, which preyed more on medium-sized mammals and reptiles. The proportion of insects in the diet was similar in the two species. Grey goshawks preferred terrestrial and arboreal prey to the brown goshawks' more aerial prey. The grey goshawk took heavier prey on average and had a slightly more diverse diet. Nevertheless, at 93%, dietary overlap between the goshawks was high. Such high overlap may be possible because of the high diversity and abundance of prey in the tropics, easing interspecific competition.
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Vlachos, Alexandra. "Fortress Farming in Western Australia? The Problematic History of Separating Native Wildlife from Agricultural Land through the State Barrier Fence." Global Environment 13, no. 2 (June 15, 2020): 368–403. http://dx.doi.org/10.3197/ge.2020.130206.
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The Western Australia (WA) State Barrier Fence stretches 2,023 miles (3,256 kilometres) and divides Australia's largest state. The original 'Rabbit Proof Fence' fence was built from 1901–1907 to stop the westbound expansion of rabbits into the existing and potential agricultural zone of Western Australia. Starting as a seemingly straightforward, albeit costly, solution to protect what was considered a productive landscape, the fence failed to keep out the rabbits. It was subsequently amended, upgraded, re-named and used to serve different purposes: as Vermin Fence and State Barrier Fence (unofficially also Emu Fence or Dog Fence) the fence was designed to exclude native Australian animals such as emus, kangaroos and dingoes. In the Australian 'boom and bust' environment, characterised by extreme temperatures and unpredictable rainfall, interrupting species movement has severe negative impacts on biodiversity – an issue aggravated by the fact that Australia leads in global extinction rates (Woinarski, Burbidge and Harrison, 2015). The twentieth century history of the fence demonstrates the agrarian settlers' struggle with the novelty and otherness of Western Australia's ecological conditions – and severe lack of knowledge thereof. While the strenuous construction, expensive maintenance and doubtful performance of the fence provided useful and early environmental lessons, they seem largely forgotten in contemporary Australia. The WA government recently commenced a controversial $11 million project to extend the State Barrier Fence for another 660 kilometres to reach the Esperance coast, targeting dingoes, emus and kangaroos – once again jeopardising habitat connectivity. This paper examines the environmental history, purposes and impacts of the State Barrier fence, critically discusses the problems associated with European farming and pastoralism in WA, and touches on alternative land-use perspectives and futures.
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Ottaway, JR, R. Carrick, and MD Murray. "Reproductive Ecology of Silver Gulls, Larus-Novaehollandiae Stephens, in South-Australia." Wildlife Research 15, no. 5 (1988): 541. http://dx.doi.org/10.1071/wr9880541.
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Aspects of the reproductive ecology of silver gulls, Larus novaehollandiae Stephens, were studied in South Australia during 1968-78. Some 15 950 pulli and 597 breeding adults were banded on 15 colonies, using numbered and coloured leg bands designed for identification of free-living individuals without the necessity of recapture. Nine colonies were on marine islands, four were on lacustrine islands, one was on a port breakwater, and one was on causeways in a saltworks complex. Fidelity to colony, mate and nest-site, and timing of breeding are considered in detail. The spatial relationship of adult and immature gulls, on the colony studied in greatest detail, and reproductive longevity of the gulls are also discussed. The gulls nested from June to December inclusive, although the commencement and length of breeding seasons varied between colonies and between years. There was a marked absence of 1-year-old gulls on breeding colonies. Of 3530 pulli banded on the major study colony, Penguin Island (37�30''S., 140�01''E.) at Beachport, in 1968, 950 were known to be alive in the 1970 breeding season. Almost 40% of these 2-year-olds were seen on breeding colonies, and mostly on the natal colony; however, only 0.3% were known to raise pulli, and a further 0.7% to produce eggs. Significant breeding activity therefore did not commence until the end of the third year, or later. The older, previously established breeders on Penguin Island were significantly more successful, and had significantly earlier laying dates, than younger birds. Potential reproductive longevity appears to be at least 11 breeding seasons. In this study, silver gulls showed considerably less fidelity to nest-sites and colonies than has been suggested previously. Significant shifts of nest-site, or change of colony, with or without the previous mate, were not uncommon. Of gulls banded on nests as established breeding aduls, 7-44% of gulls found breeding in subsequent years were at colonies other than the one where banded. In 1970, over 80% of 2-year-old gulls recorded present on any colony were only recorded on the natal one. Of the pulli banded on Penguin Island in 1968 and 1969 and later found actually nesting or breeding, 18% were recorded on other colonies. A small percentage of gulls were seen to have high fidelity to nest-site and to mate over 3 or 4 seasons, but it is suggested that, for some colonies, over 50% of silver gulls which eventually breed may do so at colonies other than natal. Significant spatial separation was found on Penguin Island between areas generally occupied by established breeders, which were known to be at least 4-year-olds, and by the 2-year-olds. The older birds may select and hold the territories most suitable for nesting, where vegetation or topography minimise intraspecific aggression which often leads to high mortality rates of eggs and pulli, and assist protection of eggs and pulli from extreme weather. Non-breeding gulls associating with the colonies occasionally move into the nesting areas, but are aggressively forced away and tend to congregate on the periphery of the colony or on exposed areas not suitable for successful breeding.
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Peiris, Sujanie, Janneke Berecki-Gisolf, Bernard Chen, and Brian Fildes. "Road Trauma in Regional and Remote Australia and New Zealand in Preparedness for ADAS Technologies and Autonomous Vehicles." Sustainability 12, no. 11 (May 26, 2020): 4347. http://dx.doi.org/10.3390/su12114347.
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Achieving remote and rural road safety is a global challenge, exacerbated in Australia and New Zealand by expansive geographical variations and inconsistent population density. Consequently, there exists a rural-urban differential in road crash involvement in Australasia. New vehicle technologies are expected to minimise road trauma globally by performing optimally on high quality roads with predictable infrastructure. Anecdotally, however, Australasia’s regional and remote areas do not fit this profile. The aim of this study was to determine if new vehicle technologies are likely to reduce road trauma, particularly in regional and remote Australia and New Zealand. An extensive review was performed using publicly available data. Road trauma in regional and remote Australasia was found to be double that of urban regions, despite the population being approximately one third of that in urban areas. Fatalities in 100 km/h + speed zones were overrepresented, suggestive of poor speed limit settings. Despite new vehicle ownership in regional and remote Australasia being comparable to major cities, road infrastructure supportive of new vehicle technologies appear lacking, with only 1.3–42% of all Australian roads, and 67% of all New Zealand roads being fully sealed. With road quality in regional and remote areas being poorly mapped, the benefits of Advanced Driver-Assistance Systems (ADAS) technologies cannot be realised despite the fact new vehicles with these technologies are penetrating the fleet. Investments should be made into sealing and separating roads but more importantly, for mapping the road network to create a unified tracking system which quantifies readiness at a national level.
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Asher, A. "NETWORK INDUSTRY REGULATION AND CONVERGENCE IN SERVICE DELIVERY: CHALLENGES FOR SUPPLIERS, USERS AND REGULATORS." APPEA Journal 38, no. 1 (1998): 799. http://dx.doi.org/10.1071/aj97054.
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The Australian Competition and Consumer Commission (ACCC) has competition and fair-trading law responsibility for Australian industries. It has gained regulatory responsibilities for third-party access to telecommunications, soon will become the national regulator of gas pipeline access under a legislated code developed by the jurisdictions and industry working in a common forum, and will progressively become the national regulator of electricity transmission.This paper describes the ACCC's concept of the term 'efficient incentive regulation', gives examples of government decisions on network industry operations to which it is relevant and describes the general approach the ACCC will take in applying that concept, to encourage competition, innovation, economic investment and fair dealing by suppliers with users.The paper describes the relevance of the rise of national product markets and convergence in the delivery of telecommunications, electricity and gas services to the types of decisions the ACCC and State-based regulators will have to take and places those decisions in the context of common issues in regulatory reform internationally. Regulatory decisions taken for one network industry may have particular positive effects if the underlying principles flow on to others.A necessary part of dealing with national industries is the coordination of regulatory effort where Commonwealth and State/Territory regulators are involved. There is the risk in Australia that separation of regulatory powers between jurisdictional and national levels may cause welfare gains to business, customers and the wider community arising from the industry reform process to be lost if there are shortcomings in communications between regulators, duplication of effort or inconsistencies in approach. The paper describes the current division of responsibilities; the potential of the Utility Regulators' Forum to coordinate regulatory effort; and indicates the potential for losses of welfare and economic efficiency if COAG principles of a national approach to regulation are not fully embraced.The paper discusses the range of tools available to deal with challenges arising from privatisations, from the entry of multinational players to network industries and from the implementation of competition policy reforms, drawing on concerns about network industries raised with the ACCC, and on the ACCC's broader complaints experience. Finally, the paper outlines the reasons for policy-makers to pay particular attention to shaping and bringing light-handed but effective regulation to the areas of the converging network industries where market power remains unconstrained by competition, and for regulators to coordinate their administration of the regulated areas of network industries so that the policy objectives of incentive regulation are realised, resulting in the industry, users and the community sharing in the benefits.
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Claridge, Andrew W., David Paull, James Dawson, Greg Mifsud, Andy J. Murray, Rob Poore, and Michael J. Saxon. "Home range of the spotted-tailed quoll (Dasyurus maculatus), a marsupial carnivore, in a rainshadow woodland." Wildlife Research 32, no. 1 (2005): 7. http://dx.doi.org/10.1071/wr04031.
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The home ranges, movement patterns and spatial organisation of spotted-tailed quolls (Dasyurus maculatus maculatus) were studied in rainshadow woodland in southern New South Wales, Australia. Fourteen individuals were radio-collared and simultaneously tracked. Home-range size estimates ranged from 621 ha to at least 2561 ha for males, and 88 ha to at least 653 ha for females. Mean home-range size was significantly greater for males (992 ± 276 ha) than females (244 ± 72 ha). The maximum straight-line distances between successive fixes for males over 24-h and 48-h periods were 2529 and 4430 m, respectively, while for females these distances were 1865 and 3085 m. Mean maximum straight-line distances between successive fixes for males over a 24-h period were not significantly different from mean maximum straight-line distances of females (1493 ± 918 v. 1034 ± 540 m). However, over 48 h, the mean maximum distances between successive fixes for males was greater than that of females (2911 ± 934 v. 1680 ± 918 m). The home ranges of males mostly overlapped with those of other individuals, regardless of sex. In contrast, home ranges of females tended not to overlap with those of other females, suggesting some form of spatial separation. Home-range estimates derived for spotted-tailed quolls in our rainshadow woodland study site are comparable to those obtained for the species in wetter vegetation types. From a conservation perspective, it seems that habitat structure and the availability of prey is more important than rainfall or vegetation type in determining spatial requirements of the species. Until more advanced telemetry systems are developed, caution should be applied when using current home-range data on the species to infer breeding systems and patterns of spatial organisation, particularly the issue of territoriality among female quolls.
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Laing, Lesley. "Secondary Victimization: Domestic Violence Survivors Navigating the Family Law System." Violence Against Women 23, no. 11 (August 23, 2016): 1314–35. http://dx.doi.org/10.1177/1077801216659942.
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This qualitative study explored the experiences of 22 domestic violence survivors attempting to negotiate safe post-separation parenting arrangements through the Australian family law system. Their allegations of violence put them at odds with a system that values mediated settlements and shared parenting. Skeptical responses, accusations of parental alienation, and pressure to agree to unsafe arrangements exacerbated the effects of post-separation violence. Core themes in the women’s narratives of engagement with the family law system—silencing, control, and undermining the mother–child relationship—mirrored domestic violence dynamics, suggesting the concept of secondary victimization as a useful lens for understanding their experiences.
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Sweet, Linda. "Breastfeeding Throughout Legal Separation: Women’s Experiences of the Australian Family Law System." Journal of Human Lactation 26, no. 4 (September 14, 2010): 384–92. http://dx.doi.org/10.1177/0890334410371333.
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Smyth, Bruce, and Belinda Fehlberg. "Australian post-separation parenting on the smartphone: What’s ‘App-ening?" Journal of Social Welfare and Family Law 41, no. 1 (January 2, 2019): 53–71. http://dx.doi.org/10.1080/09649069.2019.1554793.
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Jones, Timothy H. "Judicial review and codification." Legal Studies 20, no. 4 (November 2000): 517–37. http://dx.doi.org/10.1111/j.1748-121x.2000.tb00158.x.
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This article addresses the potential advantages and disadvantages of codifying the grounds of judicial review of administrative action. The four principal legal values associated with codification are described: certainty; clarity; democratic legitimacy; and rationality. The extent to which codification might further these values is considered in the light of two comparative models: the United States Administrative Procedure Act 1946 and the Australian Administrative Decisions (Judicial Review) Act 1977 (Cth). It is concluded that codification offers no solution to the practical and theoretical problems of judicial review. Codification places the content of the principles of judicial review in the hands of politicians. Australian legislation limiting the grounds of review available in migration cases shows the danger to the separation of powers inherent in codification. If it is thought desirable to foster the further development of the principles of judicial review, this can best be achieved by leaving the task to the judiciary.
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Natalier, Kristin, and Priscilla Dunk-West. "What is a good post-separation relationship? The perspectives of Australian parents." Journal of Social Welfare and Family Law 41, no. 2 (March 21, 2019): 171–87. http://dx.doi.org/10.1080/09649069.2019.1590901.
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Hart, Amanda Shea, and Dale Bagshaw. "The idealised post-separation family in Australian family law: A dangerous paradigm in cases of domestic violence." Journal of Family Studies 14, no. 2-3 (October 2008): 291–309. http://dx.doi.org/10.5172/jfs.327.14.2-3.291.
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Campbell, Alan. "I Wish the Views Were Clearer: Children's Wishes and Views in Australian Family Law." Children Australia 38, no. 4 (December 2013): 184–91. http://dx.doi.org/10.1017/cha.2013.28.
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In 2006, legislative changes were made to the Australian Family Law Act 1975. These changes included a revision of the matters that must be considered when determining children's best interests following parental separation, at Section 60CC. This section lists two ‘primary considerations’, which relate to the child's having a ‘meaningful relationship’ with both parents and ensuring that children are safe in their interactions with their parents and others in their lives. The first of the ‘Additional considerations’ under Section 60CC concerns ‘any views expressed by the child and any factors (such as the child's maturity or level of understanding) that the court thinks are relevant to the weight it should give to the child's views’. This consideration differs from that in the pre-2006 Act, which referred to a child's ‘wishes’ rather than her/his ‘views’. There is evidence, however, that those working in the family law system may not yet have made the shift towards understanding what these changes may entail.In this article I explore the differences between the concepts of ‘wishes’ and ‘views’ as they relate to children in family law matters. I argue that these concepts are qualitatively different, and that children's ‘views’ are far more encompassing than their ‘wishes’. Moving to a far broader understanding of children and their ability to understand issues that directly affect their lives may lead to the development of more comprehensive decisions about their futures.
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Ferdowsian, Ruhi, David J. Pannell, Clare McCarron, Arjen Ryder, and Lisa Crossing. "Explaining groundwater hydrographs: separating atypical rainfall events from time trends." Soil Research 39, no. 4 (2001): 861. http://dx.doi.org/10.1071/sr00037.
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By 1994, an estimated 1.8 million hectares of cleared land in Western Australia was affected by secondary dryland salinity to some extent. The area affected is likely to double in the coming 20 years. The cause of this salinity is excessive recharge under traditional agriculture, leading to rising groundwater levels. Monitoring changes in groundwater levels is helpful in indicating the degree of threat to agricultural land and public assets. Many researchers have studied groundwater level rises and attempted to explain them statistically. We present an approach for statistically estimating trends in groundwater levels. The approach separates the effect of atypical rainfall events from the underlying time trend and the lag between rainfall and its impact on groundwater is explicitly represented. Rainfall is represented as an accumulation of deviations from average rainfall. Application of the approach is demonstrated using data from 49 bores in Jerramungup Shire, Western Australia. The approach provides high explanatory power, particularly for deeper bores.
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Raposo, Mauro, Ricardo Quinto-Canas, Ana Cano-Ortiz, Giovanni Spampinato, and Carlos Pinto Gomes. "Originalities of Willow of Salix atrocinerea Brot. in Mediterranean Europe." Sustainability 12, no. 19 (September 28, 2020): 8019. http://dx.doi.org/10.3390/su12198019.
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Willow communities (genus Salix) occurring in Mediterranean Europe are presented, showing, through statistical treatment with multivariate cluster analysis, the separation of the different plant communities and their sintaxonomic affiliation. Six willow communities have been identified, whose formations include a set of plants with high heritage value. We highlight plants with legal protection status (Annex IV and II of the Habitats Directive-92/43/EEC), endemic, rare, and endangered species such as Salix salviifolia subsp. australis, Cheirolophus uliginosus, Euphorbia uliginosa and Leuzea longifolia. Therefore, two new willow communities are proposed for the southwest of the Iberian Peninsula. The first dominated by Salix atrocinerea, Frangulo baticae-Salicetum atrocinereae ass. nova of ribatagan distribution, under acid substrates, thermomediterranean to lower mesomediterranean, dry to sub-humid. The second, dominated by the endemic Salix salviifolia subsp. australis, Clematis flammulae-Salicetum australis distributed in the Algarve, developing on neutral-basic substrates, exclusively thermomediterranous, dry to sub-humid. In both cases, there are presented on their own floristic serial, ecology, and substitution steps. A new hygrophytic meadows was also identified dominated by Molinia caerulea subsp. arundinaceae, Cheirolopho uliginosii-Molinietum arundinaceae ass. new hoc loco, which lives on substrates rich in organic matter, exclusive to the Ribatagano Sector. Through the deepening of knowledge about the composition and dynamics of riparian vegetation, it is possible to adapt management methods to sustain and protect these important edafo-hygrophilic systems in the Mediterranean.
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Wernette, Shelly J., Nigel C. Hughes, Paul M. Myrow, and Apsorn Sardsud. "Satunarcus, a new late Cambrian trilobite genus from southernmost Thailand and a reevaluation of the subfamily Mansuyiinae Hupé, 1955." Journal of Paleontology 94, no. 5 (May 15, 2020): 867–80. http://dx.doi.org/10.1017/jpa.2020.23.
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AbstractThe Ao Mo Lae Formation of the Tarutao Group crops out on Thailand's Tarutao Island and contains a diverse assemblage of late Furongian trilobite taxa, including several endemic forms. This study presents a new genus and species, Satunarcus molaensis, discovered at two locations on the island. A cladistic analysis of the kaolishaniid subfamily Mansuyiinae in light of Satunarcus and similar genera known from across upper Cambrian equatorial Gondwanan rocks suggests that the subfamily is polyphyletic in its current definition, and thus is not a natural group. Separating Mansuyia Sun, 1924 from the other taxa conventionally placed in Mansuyiinae permits recognition of a previously unrecognized monophyletic subfamily Ceronocarinae new subfamily. As established herein, this kaolishaniid subfamily contains Satunarcus n. gen. and all genera previously recognized as Mansuyiinae. with the exception of Mansuyia itself. Ceronocarinae n. subfam. occur in middle Jiangshanian to middle Cambrian Stage 10 sedimentary rocks from Australia, South China, North China, and Sibumasu, with most genera endemic to Australia.UUID: http://zoobank.org/618c5136-73f0-4912-a7d3-e56559d2a76c
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Strang, Veronica. "Knowing Me, Knowing You: Aboriginal and European Concepts of Nature as Self and Other." Worldviews: Global Religions, Culture, and Ecology 9, no. 1 (2005): 25–56. http://dx.doi.org/10.1163/1568535053628463.
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AbstractBased on long-term fieldwork with Aboriginal groups, Euro-Australian pastoralists and other land users in Far North Queensland, this paper considers the ways in which indigenous relations to land conflate concepts of Nature and the Self, enabling subjective identification with elements of the environment and supporting long-term affective relationships with place. It observes that indigenous cultural landscapes are deeply encoded with projections of social identity: this location in the immediate environment facilitates the intergenerational transmission of knowledge and identity and supports beliefs in human spiritual transcendence of mortality. The paper suggests that Aboriginal relations to land are therefore implicitly founded on interdependent precepts of social and environmental sustainability. In contrast, Euro-Australian pastoralists' cultural landscapes, and constructs of Nature, though situated within more complex relations with place, remain dominated by patriarchal and historically adversarial visions of Nature as a feminine "wild-ness" or "otherness" requiring the civilising control of (male) Culture and rationality. Human spiritual being and continuity is conceptualised as above or outside Nature, impeding the location of selfhood and collective continuity within the immediate environment. In tandem with mobile and highly individuated forms of social identity, this positions Nature as "other". There is thus a subjective separation between the individualised life of the self, and the life of Nature/other that, despite an explicit discourse in which ecological well-being is valorised, inhibits affective connection with place and confounds sustainability.
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Hwang, Charnsmorn, Chih-Hua Chang, Michael Burch, Milena Fernandes, and Tim Kildea. "Spectral Deconvolution for Dimension Reduction and Differentiation of Seagrasses: Case Study of Gulf St. Vincent, South Australia." Sustainability 11, no. 13 (July 5, 2019): 3695. http://dx.doi.org/10.3390/su11133695.
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Seagrasses are a vulnerable and declining coastal habitat, which provide shelter and substrate for aquatic microbiota, invertebrates, and fishes. More accurate mapping of seagrasses is imperative for their sustainability but is hindered by the lack of data on reflectance spectra representing the optical signatures of individual species. Objectives of this study are: (1) To determine distinct characteristics of spectral profiles for sand versus three temperate seagrasses (Posidonia, Amphibolis, and Heterozostera); (2) to evaluate the most efficient derivative analysis method of spectral reflectance profiles for determining benthic types; and to assess the influences of (3) site location and (4) the water column on spectral responses. Results show that 566:689 and 566:600 bandwidth ratios are useful in separating seagrasses from sand and from detritus and algae, respectively; first-derivative reflectance spectra generally is the most efficient method, especially with deconvolution analyses further helping to reveal and isolate 11 key wavelength dimensions; and differences between sites and water column composition, which can include suspended particulate matter, both have no effect on endmembers. These findings helped develop a spectral reflectance library that can be used as an endmember reference for remote sensing, thereby providing continued monitoring, assessment, and management of seagrasses.