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1
Gray, Anthony. "The Right to Silence". New Criminal Law Review 16, n.º 4 (2013): 527–67. http://dx.doi.org/10.1525/nclr.2013.16.4.527.
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In recent years, we have seen continued erosion of an individual’s right to silence. The most recent attempts in the author’s home country, Australia, include a current proposal to adopt the United Kingdom approach, and allow inferences to be drawn from a failure to answer questions at an early stage of investigation, in circumstances where later the person does provide an explanation. An attempt to protect the right to silence in Australia at constitutional level is challenging, because Australia is one of the few Western nations that has not seen fit to enact an express bill of rights. This article will consider whether arguments might be made that, at least in some contexts, infringement of the right to silence is, nevertheless, contrary to the requirements of the Australian Constitution. Courts in other countries around the world have also recognized the right to silence in some circumstances where legislatures have attempted to limit it, and these will be considered in the Australian context, acknowledging appropriate contextual differences. Many countries are faced with the difficulty of reconciling fundamental due process principles with the need for effective investigatory powers sufficient to deal with evolving criminal threats. It will be instructive to consider how a successful balance has been accommodated in a range of jurisdictions. It is believed that the law of the author’s home country could be greatly enriched by engaging with North American and European case law, as this article will seek to demonstrate. The article is considered to be of interest to those outside of Australia, to understand the difficulties in protecting fundamental human rights when an express bill of rights does not exist in the relevant country, and to consider how other ways may be found to protect such rights. In this way, this article will use Australia as the example of a country without an express bill of rights, and will consider how, in that context, fundamental human rights can practically be protected by the courts. The conclusions are considered relevant to a range of nations. Specific examples include Singapore and Malaysia, and to a lesser extent India, as will be explained.
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Stamation, K., M. Watson, P. Moloney, C. Charlton y J. Bannister. "Population estimate and rate of increase of southern right whales Eubalaena australis in southeastern Australia". Endangered Species Research 41 (30 de abril de 2020): 373–83. http://dx.doi.org/10.3354/esr01031.
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In Australian waters, southern right whales Eubalaena australis form 2 genetically distinct populations that have shown contrasting patterns of recovery since whaling ceased: a western population in South Australia and Western Australia and an eastern population in southeastern Australia (Tasmania, Victoria and New South Wales). Here, we provide an abundance estimate derived from a breeding female superpopulation mark-recapture model for the southeastern southern right whale population. The population comprises 268 individuals (68 breeding females) and has increased at a rate of 4.7% per annum between 1996 and 2017. There has been no significant change in the annual abundance of mother-calf pairs sighted at the only calving ground (Logans Beach in Victoria) over the last 3 decades. The total number of southern right whales (i.e. all adults and calves) using the southeastern Australian coastline has increased by 7% since 1985. Unlike the population estimate (which was restricted to breeding females sighted prior to the post-breeding southward migration), this estimate is likely to include transiting whales from the southwestern population. The theoretical population model predicts 19 breeding females at Logans Beach in 2018 and 28 in 2028; the actual number of breeding females, as of 2018, is 14. This study provides the first complete estimate of population size and rate of increase of southern right whales along the southeastern Australian coastline. This knowledge is critical for assessing population status and recovery of southern right whales in Australia. It provides a basis for monitoring persistence and responses of the population to environmental stressors.
3
HARRIGAN, P. "Australia: Right to die". Lancet 341, n.º 8856 (mayo de 1993): 1338. http://dx.doi.org/10.1016/0140-6736(93)90836-6.
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McCutcheon, Jani. "The Honour of the Dead – the Moral Right of Integrity Post-Mortem". Federal Law Review 42, n.º 3 (septiembre de 2014): 485–518. http://dx.doi.org/10.22145/flr.42.3.3.
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Can the honour of the dead be prejudiced? There is much philosophical debate about whether the dead can, or should, enjoy legal rights. Australia, like many jurisdictions, has apparently bypassed that debate and confers post-mortem moral rights on authors, which endure for at least 70 years after an author's death. The Australian moral right of integrity protects authors from certain conduct in relation to their copyright works, which is prejudicial to their honour or reputation. This deliberate conferral of a posthumous right ostensibly acknowledges that a deceased author's honour can be harmed. This article examines questions surrounding the apparent conundrum of posthumous prejudice to an author's honour. How can prejudice to the honour of the dead be established in the absence of the author, particularly if honour is interpreted subjectively? Do insuperable evidentiary hurdles render the posthumous honour limb of the moral right of integrity illusory? The article concentrates on Australian law, but engages in relevant comparative treatments, particularly with French, Canadian and United Kingdom law. Judicial consideration of moral rights under the common law is scant, particularly in Australia, and rarer still in a post-mortem context. However, the issues explored in the article are important, will inevitably arise for consideration and merit a comprehensive examination.
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Hanemann, Michael y Michael Young. "Water rights reform and water marketing: Australia vs the US West". Oxford Review of Economic Policy 36, n.º 1 (2020): 108–31. http://dx.doi.org/10.1093/oxrep/grz037.
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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.
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Flannery, Belinda J., Susan E. Watt y Nicola S. Schutte. "Looking Out For (White) Australia". International Perspectives in Psychology 10, n.º 2 (abril de 2021): 74–91. http://dx.doi.org/10.1027/2157-3891/a000008.
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Abstract. We conceptualized and developed a measure of right-wing protective popular nationalism (RWPPN) – a specific form of popular nationalism where people seek to protect the national culture from outgroup influences. RWPPN is derived from a sociological analysis of right-wing popular nationalism in Australia and is theoretically related to several key psychological constructs, including right-wing authoritarianism (RWA), social dominance orientation (SDO), and symbolic threat. We conducted two surveys using nationally representative samples of Australian citizens. In study 1 ( n = 657), participants completed measures of RWPPN and related constructs. Exploratory and confirmatory factor analysis resulted in a 10-item scale. Construct validity was tested and confirmed across divergent, convergent, predictive, and concurrent validation domains. Additional convergent validation with RWA and SDO was tested in study 2 ( n = 316). Together, RWPPN was found to relate to expressions of national identity, prejudice, perceived outgroup threat, opposition to multiculturalism, and aggressive tendencies toward ethnic minorities. These effects remained significant when controlling for nationalism (measured as a concern for national superiority) and blind patriotism. In study 2, the effect on aggressive tendencies held when controlling for RWA and SDO and RWPPN mediated the relationship between RWA and aggressive tendencies. Reflecting the conservative nature of Australian popular nationalism, RWPPN correlated with right-wing political alignment. The research was conducted in Australia, but given the rise in right-wing populism internationally, RWPPN may be a phenomenon in other countries. Therefore, this paper offers a new construct and scale to investigate it in Australia and internationally.
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Bunn, Anna. "Children and the ‘Right to be Forgotten’: what the right to erasure means for European children, and why Australian children should be afforded a similar right". Media International Australia 170, n.º 1 (febrero de 2019): 37–46. http://dx.doi.org/10.1177/1329878x19848503.
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This article provides an overview of the right to erasure, or the right to be forgotten, in the General Data Protection Regulation (GDPR) and how it is likely to impact on children. It contrasts the position of Australian children and their European counterparts. The article considers the benefits for children of a right to erasure, as well as some of its limitations, and recommends that Australia should introduce such a right.
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Gronow, Alexandra. "Identifying victims of sexual harassment in the age of #MeToo: Time for the media to prioritise a victim’s right to privacy". Alternative Law Journal 46, n.º 2 (25 de marzo de 2021): 120–27. http://dx.doi.org/10.1177/1037969x211003681.
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This article explores the practice of the media to unreasonably intrude on victims' privacy in Australia by reference to three women whose sexual harassment grievances were published by the media without their consent. This article argues that the protection of a victim’s privacy is a fundamental human right which should trump competing public interest considerations in the Australian context. In the absence of an established tort of privacy or bill or charter of human rights in Australia, the media must apply ethical journalism standards and abstain from identifying victims of sexual harassment without their consent.
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Sainsbury, Maree. "What's it Got to Do with Morality? Moral Rights: An Historic and Contemporary Perspective". Media International Australia 114, n.º 1 (febrero de 2005): 61–70. http://dx.doi.org/10.1177/1329878x0511400108.
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Australia introduced moral rights legislation in December 2000, giving effect to a doctrine that originated in civil law jurisdictions in the eighteenth century. The rights given effect to in Australia are the right of integrity, which allows the author to prevent derogatory treatment of their work, and the right of attribution, which mandates attribution of the author when the work is reproduced, published or otherwise communicated to the public. There is also the right to prevent false attribution of authorship. This article looks at the historical development of moral rights and examines why such an amendment to the law in Australia was necessary in a contemporary context. It discusses the implications of this amendment for the media and other industries.
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Malcolmson, Don. "The Patient's Right to Know". Journal of Medical Regulation 101, n.º 3 (1 de septiembre de 2015): 32–36. http://dx.doi.org/10.30770/2572-1852-101.3.32.
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Patient's expectations have changed from being an acceptor of doctors' orders to being an active partner in a therapeutic relationship. In Australia, General Practitioners (GPs) are the “gatekeepers” for specialists' referrals. The Australian Health Practitioner Regulation Agency (AHPRA) maintains an online searchable register of doctors. Details displayed include registration conditions, undertakings and reprimands. Doctors who practice privately in Australia are regarded as carrying on a business covered by consumer protection legislation. Australian Consumer Law (ACL) prohibits false or misleading representations in connection with the supply of goods or services. Under the ACL, a GP's conduct is misleading if representations about the specialist are inaccurate, or the overall impression conveyed is likely to mislead the patient. Many patients lack the time, energy or desire to seek out registration details of specialists, and rely on GP advice. A key issue for GPs is knowledge of any specialists' registration conditions: Is there a duty on a referring practitioner to check and advise the patient of any conditions? Is there a duty on the regulating body to advise practitioners of specialists whose registration is restricted? Even though disclosure may cause distress to the practitioner, this does not mean that disclosure would be unfair. Rather, the relevant question is whether there is a legitimate public safety interest in disclosure. A balance should be struck between the rights of the individual practitioners and the public expectation of safety, competency and currency. This paper suggests that consumer laws could be used strike this balance, requiring referring physicians to inform patients about the regulatory status of the physician to whom they are being referred.
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Paisley, Fiona. "Citizens of their World: Australian Feminism and Indigenous Rights in the International Context, 1920s and 1930s". Feminist Review 58, n.º 1 (febrero de 1998): 66–84. http://dx.doi.org/10.1080/014177898339596.
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Inter-war Australia saw the emergence of a feminist campaign for indigenous rights. Led by women activists who were members of various key Australian women's organizations affiliated with the British Commonwealth League, this campaign proposed a revitalized White Australia as a progressive force towards improving ‘world’ race relations. Drawing upon League of Nations conventions and the increasing role for the Dominions within the British Commonwealth, these women claimed to speak on behalf of Australian Aborigines in asserting their right to reparation as a usurped people and the need to overhaul government policy. Opposing inter-war policies of biological assimilation, they argued for a humane national Aboriginal policy including citizenship and rights in the person. Where white men had failed in their duty towards indigenous peoples, world women might bring about a new era of civilized relations between the races.
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Briggs, Chris. "Lockout Law in Australia". Journal of Industrial Relations 49, n.º 2 (abril de 2007): 167–85. http://dx.doi.org/10.1177/00221856070490020301.
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Should Australian lockout law be reformed? Lockouts in Australia are legally the formal equal of strikes and the legal treatment of lockouts is the most `de-regulated' in the OECD. The notion that strikes and lockouts should be treated equally is intuitively appealing. However, other OECD nations have rejected an equal right to strike and lockout, reserving lockouts for exceptional circumstances where employers suffer from an imbalance of bargaining power so as to reconcile lockouts with other legal principles such as freedom of association and the right to strike. Australian employers, it will be argued, have been given too much freedom by policy makers at federal level to use lockouts that should legally be reserved as a weapon of genuine `last resort'. However, instead of repositioning Australian lockout law back towards the international mainstream, WorkChoices will produce a legal framework that, uniquely, positively discriminates in favour of employer lockouts against strikes.
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Marx, Felix G., Travis Park, Erich M. G. Fitzgerald y Alistair R. Evans. "A Miocene pygmy right whale fossil from Australia". PeerJ 6 (22 de junio de 2018): e5025. http://dx.doi.org/10.7717/peerj.5025.
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Neobalaenines are an enigmatic group of baleen whales represented today by a single living species: the pygmy right whale, Caperea marginata, found only in the Southern Hemisphere. Molecular divergence estimates date the origin of pygmy right whales to 22–26 Ma, yet so far there are only three confirmed fossil occurrences. Here, we describe an isolated periotic from the latest Miocene of Victoria (Australia). The new fossil shows all the hallmarks of Caperea, making it the second-oldest described neobalaenine, and the oldest record of the genus. Overall, the new specimen resembles C. marginata in its external morphology and details of the cochlea, but is more archaic in it having a hypertrophied suprameatal area and a greater number of cochlear turns. The presence of Caperea in Australian waters during the Late Miocene matches the distribution of the living species, and supports a southern origin for pygmy right whales.
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Spinks, Jean M. y Jeff R. J. Richardson. "Paying the right price for pharmaceuticals: a case study of why the comparator matters". Australian Health Review 35, n.º 3 (2011): 267. http://dx.doi.org/10.1071/ah10930.
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This article considers the pricing policy for pharmaceuticals in Australia, which is widely seen as having achieved low drug prices. However, compared to New Zealand, the evidence implies that Australia might have improved its performance significantly if it had proactively sought market best pricing. The Australian record suggests that the information sought by authorities may not be sufficient for optimal pricing and that the economic evaluation of pharmaceuticals may be neither necessary nor sufficient for achieving this goal. What is known about the topic? Pharmaceutical expenditures vary significantly across countries. Few surveys exist to determine the role of price but these suggest that Australian prices are relatively low compared with most OECD countries. What does this paper add? An analysis of public data implies that Australia pays significantly higher prices than NZ for its pharmaceuticals. This is attributable to NZ’s more effective use of competition, especially in the market for generics. Australian policy effectively limits competition by the provision of price information to competing companies. Recent agreements are similarly consistent with de facto regulatory capture. What are the implications for practitioners? There should be a review of pharmaceutical pricing policies with the criterion for success being the ‘lowest’, not ‘comparable’ world prices. Comparators should include prices paid for quality drugs in all, not selected countries, where data are available.
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Tovey, Jane Patricia. "Whose rights and who's right? Valuing ecosystem services in Victoria, Australia". Landscape Research 33, n.º 2 (abril de 2008): 197–209. http://dx.doi.org/10.1080/01426390801908426.
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Fitzgerald, Justice Tony. "Telling the Truth, Laughing". Media International Australia 92, n.º 1 (agosto de 1999): 11–18. http://dx.doi.org/10.1177/1329878x9909200104.
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This paper centres on three themes: the lack of a constitutional bill of rights in Australia, especially a right to freedom of speech; the suitability of the judiciary to arbitrate social values; and the importance of public humour, and its relations to Australian defamation law. These themes are illustrated by a discussion of the Queensland Court of Appeal's recent finding that Ms Pauline Hanson was defamed on the ABC by Ms Pauline Pantsdown.
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Willcocks, R. M. "COMMERCIAL ASPECTS OF UNDERGROUND GAS STORAGE IN AUSTRALIA". APPEA Journal 27, n.º 1 (1987): 28. http://dx.doi.org/10.1071/aj86003.
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Underground gas storage is becoming increasingly important in Australia with the discovery of significant gas reserves, mostly in places distant from the expanding markets for gas.Gas has been stored in the offshore Barracouta Field since 1971 and storage projects are either being considered or underway in New South Wales, South Australia, Western Australia and the Northern Territory.Although not a great deal of attention has been paid to the legal, tax and administrative aspects of underground gas storage, the position is likely to change the more it becomes apparent that such storage is commercially and technically viable.The applicable legal regime will depend on the location of the storage. Offshore gas storage on the continental shelf beyond the coastal waters of a state is subject to Commonwealth jurisdiction. In state coastal waters, it is subject to state laws. Onshore, it is subject to the jurisdiction of the state or territory in which the storage occurs.Offshore beyond state coastal waters the Australian government has sovereign rights over the continental shelf for the purposes of exploring the continental shelf and exploiting its natural resources.There are a number of legal uncertainties which arise from gas storage which will be of concern to financiers as well as gas storers. With certain exceptions, there is doubt as to ownership of stored gas, and the right to inject and store gas. The right of withdrawal however would appear to fall under the right which normally exists under a production lease to 'mine' petroleum, or to conduct 'petroleum mining operations'. Except in Victoria, and to a significantly lesser extent South Australia, there is very little legislative guidance on the topic and related issues.The question whether stored gas is trading stock is the subject of Income Tax Ruling 2190 of 10 September 1985. This puts at rest, in practical terms, in any event, some of the doubts which existed as to the characterisation for income tax purposes of gas stored near the place of original extraction — the ruling concluded that 'reinjected processed gas should not be treated as trading stock for income tax purposes'.It is concluded that there is a good case for those Australian jurisdictions in which gas storage is occurring, or is about to occur, to provide legislation to eliminate the uncertainties.
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Flood, Josephine. "Culture in Early Aboriginal Australia". Cambridge Archaeological Journal 6, n.º 1 (abril de 1996): 3–36. http://dx.doi.org/10.1017/s095977430000158x.
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On the basis of recent archaeological evidence it seems that humans first entered the Australian continent about 60,000 years ago. These first ocean-going mariners had a high level of technological and economic skill, and had spread right across Australia into a wide variety of environments by about 35,000 years ago. Pigment showing clear signs of use occurs in almost all Australia's oldest known occupation sites, and evidence of self-awareness such as necklaces and beads has been found in several Pleistocene rock shelters. Rituals were carried out in connection with disposal of the dead, for at Lake Mungo there is a 25,000-year-old cremation, and ochre was scattered onto the corpse in a 30,000-year-old inhumation. Complex symbolic behaviour is attested at least 40,000 years ago by petroglyphs in the Olary district, and other evidence suggests a similar antiquity for rock paintings. The special focus of this article is cognitive archaeology, the study of past ways of thought as derived from material remains, particularly the development of early Australian artistic systems.
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Villaroman, Noel G. "Architectural Design Controls on Places of Worship in Australia: State Encroachment on Religious Expression and Exercise". Religion and Human Rights 9, n.º 1 (14 de marzo de 2014): 60–92. http://dx.doi.org/10.1163/18710328-12341262.
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Abstract This article analyses the ramifications to the right to religious freedom when the design of proposed places of worship is subjected to architectural design controls imposed by Australian planning authorities. First, such design controls can impinge on the freedom of religious expression—that is, the ability of religious communities to express their beliefs through their built structures. Such expression of beliefs may be vital to their prescribed manner of worship, observance, practice or teaching. Second, they can pose a physical obstacle to a religious group’s freedom of religious exercise—that is, their actual conduct of rituals, ceremonies and other kinds of worship. It is argued that the rigid application of design controls hinders the ability of religious groups in Australia to fully exercise their right to establish and maintain places of worship which is a constituent element of the right to religious freedom as guaranteed in international human rights law.
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Skinner, Natalie y Barbara Pocock. "Flexibility and Work-Life Interference in Australia". Journal of Industrial Relations 53, n.º 1 (febrero de 2011): 65–82. http://dx.doi.org/10.1177/0022185610390297.
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This contribution examines the relationship between flexibility and work—life interference. It analyses requests for flexibility in Australia just prior to the enactment of a new ‘right to request’ such flexibility, utilizing a large employee survey that shows that around a fifth of employees requested flexibility, most requests were agreed, and work—life outcomes were much better amongst those whose requests were fully agreed. Women were twice as likely as men to have sought flexibility, with one in two mothers of preschoolers, one in three mothers of children under 16 and a quarter of women without children having made requests. Parenting made no difference to men’s rate of request-making. Findings suggest that the right may be particularly beneficial to the third of all workers who have not made requests for flexibility yet are not content with current arrangements. There is a case to extend the right beyond parents, and for stronger appeal rights.
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Nyland, Chris, Elizabeth Ann Maharaj y Anne O'Rourke. "Australia/US/China Preferential Trade Negotiations: Building Alliances and Realizing Workers' Rights to a `Voice at the Table'". Journal of Industrial Relations 49, n.º 5 (noviembre de 2007): 647–72. http://dx.doi.org/10.1177/0022185607082213.
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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.
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Watson, Mandy, Kasey Stamation y Claire Charlton. "Calving rates, long-range movements and site fidelity of southern right whales (Eubalaena australis) in south-eastern Australia". J. Cetacean Res. Manage. 22, n.º 1 (1 de julio de 2021): 17–28. http://dx.doi.org/10.47536/jcrm.v22i1.210.
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Within New Zealand and eastern Australia, over 58,000 southern right whales were harvested by commercial whalers between 1790 and 1980, with approximately 19,000 harvested from south-eastern Australia. Local extirpation is believed to have led to a loss of cultural memory of calving areas, contributing to the limited recovery of the south-eastern Australian population. While the number of whales observed using the south-eastern Australian coastline is increasing, there has been no change over three decades in the annual abundance of cow-calf pairs at Logans Beach in Warrnambool, Victoria, the only established calving ground in the region. Knowledge of life history parameters of the south-eastern Australian population is lacking. Here, we examine sightings and photo-identification data from southern Australia to investigate calving intervals, long range movements and fidelity to the Logans Beach nursery ground. Sightings data revealed at least 93 calves were born at Logans Beach between 1980 and 2018 (an average of 2.6 per year) with a mean calving interval of 3.5 ± 1.0 years (± SE, n = 34). Comparison between photo-identification catalogues compiled for south-eastern and south-western Australian populations shows that southern right whales are wide ranging within southern Australian waters. Females can be sighted at locations as far apart as 3,800 km across seasons and there is overlap in the wintering range of the south-eastern and south-western populations, with at least 7% of whales using both regions. We also provide the first report of an Australian southern right whale female with strong site fidelity to a calving area in one region relocating long-term to a calving area in another region. This work highlights several knowledge gaps, such as; the location of feeding and conception grounds for this population as well as the degree of mixing between the two Australian populations outside their wintering areas. In addition, the proportion of female calves born at Logans Beach returning to their natal site to calve remains unclear. Our work provides the first assessment of calving rates, movement and site fidelity within the south-eastern Australian population, critical for understanding constraints to recovery and informing conservation management of southern right whales in Australia. Targeted, long-term monitoring programs across the south-eastern Australian region are needed to provide demographic information on which to base predictions of the impacts of anthropogenic threats such as noise disturbance, entanglement and vessel strike.
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Harris, Bede. "Human Rights and the Same-Sex Marriage Debate in Australia". Journal of Politics and Law 10, n.º 4 (30 de agosto de 2017): 60. http://dx.doi.org/10.5539/jpl.v10n4p60.
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Australia is currently confronting the issue of whether to legalise same-sex marriage. Thus far debate has been conducted with little reference to human rights theory. This article draws on the theories of John Rawls and John Stuart Mill and analyses whether, by confining the right to marry to heterosexual couples, the law infringes the right to privacy and, conversely, whether the legalisation of same-sex marriage would infringe religious rights of those who are unwilling to provide goods and services to same-sex couples. In so doing, the article adopts a comparative approach, drawing on case law from the United States. The article examines the way in which political debate on the issue has been conducted by the major parties in Australia, and concludes that both the Liberal-National coalition and the Labor party have been motivated by a desire to appease the religious right within their ranks, at the expense of human rights principles.
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Beilharz, Peter y Andrew Moore. "The Right Road? A History of Right-wing Politics in Australia". Labour History, n.º 70 (1996): 221. http://dx.doi.org/10.2307/27516423.
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Tully, Stephen. "Sex, Slavery and the High Court of Australia: The Contribution of R v. Tang to International Jurisprudence". International Criminal Law Review 10, n.º 3 (2010): 403–23. http://dx.doi.org/10.1163/157181210x507886.
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AbstractThe judgment of the High Court of Australia in R v. Tang is a significant contribution to jurisprudence on the definition of slavery under international law. This case considered whether the intention of the perpetrator was a necessary element for the prosecution of that offence under Australian law. The High Court also preserved the conceptual integrity of slavery, evaluated the decisions in Kunarac and Siliadin, identified the powers attaching to the right of ownership as that expression appears in the 1926 and 1956 Slavery Conventions and employed a human rights orientation to contemporary manifestations of slavery. Although considerable practical challenges remain for enforcing the prohibition against slavery in Australia, R v. Tang marks a significant precedent likely to influence future international jurisprudence on the topic.
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Mackinlay, Elizabeth y Katelyn Barney. "Introduction". Australian Journal of Indigenous Education 41, n.º 1 (agosto de 2012): 1–9. http://dx.doi.org/10.1017/jie.2012.2.
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Indigenous Australian studies, also called Aboriginal and Torres Strait Islander studies, is an expanding discipline in universities across Australia (Nakata, 2004). As a discipline in its own right, Indigenous Australian studies plays an important role in teaching students about Australia's colonial history and benefits both non-Indigenous and Indigenous students by teaching them about Australia's rich and shared cultural heritage (Craven, 1999, pp. 23–25). Such teaching and learning seeks to actively discuss and deconstruct historical and contemporary entanglements between Indigenous and non-Indigenous Australians and, in doing so, help build better working relationships between Indigenous and non-Indigenous Australians. As educators in this discipline, it is important for us to find pedagogical approaches which make space for these topics to be accessed, understood, discussed and engaged with in meaningful ways.
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Wyburn, Mary. "The New Resale Royalty Right in Australia". International Journal of the Arts in Society: Annual Review 5, n.º 1 (2010): 77–88. http://dx.doi.org/10.18848/1833-1866/cgp/v05i01/35798.
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Vella, H. "Dig deep to do right [Australia - mining]". Engineering & Technology 16, n.º 11 (1 de diciembre de 2021): 58–60. http://dx.doi.org/10.1049/et.2021.1102.
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Hemmings, John. "China Matters: Getting it Right for Australia". RUSI Journal 162, n.º 3 (4 de mayo de 2017): 112–13. http://dx.doi.org/10.1080/03071847.2017.1359392.
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Evans, Kylie, Brien Holden y Carley Nicholls. "Vision 2020: The Right to Sight–Australia". New South Wales Public Health Bulletin 12, n.º 1 (2001): 14. http://dx.doi.org/10.1071/nb01006.
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Devereux, Annemarie. "Australia and the Right to Adequate Housing". Federal Law Review 20, n.º 2 (junio de 1991): 223–39. http://dx.doi.org/10.1177/0067205x9102000203.
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Moore, Andrew. "Writing about the Extreme Right in Australia". Labour History, n.º 89 (2005): 1. http://dx.doi.org/10.2307/27516072.
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Grimshaw, Patricia. "Comparative Perspectives on White and Indigenous Women's Political Citizenship in Queensland: The 1905 Act to Amend the Elections Acts, 1885 to 1899". Queensland Review 12, n.º 2 (noviembre de 2005): 9–22. http://dx.doi.org/10.1017/s1321816600004062.
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The centenary of the passage in early 1905 of the Act to Amend the Elections Acts, 1885 to 1899, which extended the right to vote to white women in Queensland, marks a moment of great importance in the political and social history of Australia. The high ground of the history of women's suffrage in Australia is undoubtedly the passage of the 1902 Commonwealth Franchise Act that gave all white women in Australia political citizenship: the right to vote and to stand for parliamentary office at the federal level. Obviously this attracted the most attention internationally, given that it placed Australia on the short list of communities that had done so to date; most women in the world had to await the aftermath of the First or Second World Wars for similar rights.
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Harris, Paul, Asiyeh Salehi, Elizabeth Kendall, Jennifer Whitty, Andrew Wilson y Paul Scuffham. "“She’ll be right, mate!”: do Australians take their health for granted?" Journal of Primary Health Care 12, n.º 3 (2020): 277. http://dx.doi.org/10.1071/hc20025.
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ABSTRACT INTRODUCTIONHealth consciousness highlights the readiness of individuals to undertake health actions and take responsibility for their health and the health of others. AIMTo examine the health consciousness of Australians and its association with health status, health-care utilisation and sociodemographic factors. METHODSThis quantitative cross-sectional study was a part of a larger project aiming to engage the general public in health-care decision-making. Adults from Queensland and South Australia (n=1529) were recruited to participate by a panel company. The questionnaire included the Health Consciousness Scale (HCS), health status, health-care utilisation, sociodemographic and socioeconomic variables. RESULTSThe health consciousness of Australians was relatively low (mean score=21), compared to other international administrations of the HCS, and further investigations revealed that more health-conscious people tended to live in South Australia, be female and single, experience poorer physical and mental health and were more frequent users of health-care services. DISCUSSIONThe general approach to health in this sample of the Australian public may reflect ‘here and now’ concerns. It appears that an attitude of ‘she’ll be right, mate’ prevails until a change in an individual’s health status or their exposure to the health system demands otherwise. These findings need to be investigated further to see if they are confirmed by others and to clarify the implications for primary health programmes in Australia in redressing the public’s apparent apathy.
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Wood, Natalie T. y Caroline Lego Muñoz. "‘No Rules, Just Right’ or is it? The Role of Themed Restaurants as Cultural Ambassadors". Tourism and Hospitality Research 7, n.º 3-4 (septiembre de 2007): 242–55. http://dx.doi.org/10.1057/palgrave.thr.6050047.
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After mass media, ethnic-themed restaurants are possibly the second most influential socialising agents of foreign cultures. Whereas the media often depicts foreign cultures in a stereotypical manner, the opportunity exists in the hospitality field to offer consumers a more detailed and accurate insight into a culture. Yet, is this what consumers really want? This paper addresses an important question: How do spaces of consumption affect the perception and representation of ‘authentic’ culture? To explore this, a four-stage, cross-cultural (ie Australia and United States) qualitative study was undertaken to examine the role the Outback Steakhouse chain of restaurants plays in representing Australian culture in the United States. Findings revealed that US subjects were more accepting of the restaurant environment where it matched the images of Australia perpetuated by the media. By contrast, Australian subjects indicated that the image this restaurant provides is a largely stereotypical, outdated, inaccurate representation of their culture. Research implications and recommendations from a marketing, hospitality, and tourism perspective are provided.
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Robinson, Suzanne, Richard Varhol, Colin Bell, Frances Quirk y Learne Durrington. "HealthPathways: creating a pathway for health systems reform". Australian Health Review 39, n.º 1 (2015): 9. http://dx.doi.org/10.1071/ah14155.
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Inefficiencies in the co-ordination and integration of primary and secondary care services in Australia, have led to increases in waiting times, unnecessary presentations to emergency departments and issues around poor discharge of patients. HealthPathways is a program developed in Canterbury, New Zealand, that builds relationships between General Practitioners and Specialists and uses information technology so that efficiency is maximised and the right patient is given the right care at the right time. Healthpathways is being implemented by a number of Medicare Locals across Australia however, little is known about the impact HealthPathways may have in Australia. This article provides a short description of HealthPathways and considers what it may offer in the Australian context and some of the barriers and facilitators to implementation. What is known about the topic? Early evidence on HealthPathways suggests that the program does seem to be strengthening relationships between GPs and secondary care specialists. In New Zealand advances in efficiency and system integration have been noted. However, there is limited evidence on the effectiveness of HealthPathways in Australia. What does this paper add? It is one of the first published papers to provide a perspective around HealthPathways and draws existing evidence and research to explore some of the barriers and facilitators to the development and implementation of HealthPathways in Australia. What are the implications for practitioners’? Early evidence suggests HealthPathways could help GPs and other practitioners’ in the delivery of health services, it could also help to strengthen practitioner relationships.
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Mills, Richard. "John Howard, weapons of mass destruction and the public’s right to know". Pacific Journalism Review : Te Koakoa 14, n.º 2 (1 de septiembre de 2008): 37–48. http://dx.doi.org/10.24135/pjr.v14i2.943.
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In March 2003, Australia went to war in Iraq to find and remove Saddam Hussein’s weapons of mass destruction (WMD). None were found. An Australian Parliamentary Committee concluded: The case made by the government was that Iraq possessed WMD on large quantities and posed a grave and unacceptable threat to the region and the world, particularly as there was a danger that Iraq's WMD might be passed to terrorist organisations. This is not the picture that emerges from an examination of the assessments provided to the Commmittee by the Australian Office of National Assessments (ONA) and the Defence Intelligence Organisation (DIO).
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Poynting, Scott y Linda Briskman. "Islamophobia in Australia: From Far-Right Deplorables to Respectable Liberals". Social Sciences 7, n.º 11 (30 de octubre de 2018): 213. http://dx.doi.org/10.3390/socsci7110213.
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In Australia since about the turn of the millennium, discrimination against Muslims has been increasingly normalized, made respectable, and presented as prudent precaution against violent extremism. Vilification of Muslims has posed as defending ‘Australian values’ against those who will not integrate. Liberal political leaders and press leader-writers who formerly espoused cultural pluralism now routinely hold up as inimical the Muslim folk devil by whose otherness the boundaries of acceptability of the national culture may be marked out and policed. The Muslim Other is positioned not only as culturally incommensurate, but dangerously so: dishonest, criminally inclined, violent, misogynist, homophobic, backward, uncivilized. On the far right, extremist nationalist organizations incite racist hatred under cover of this rhetoric, often cloaked as reasonable common sense. This paper undertakes an ideology analysis of political and media discussion, and examines the forms of social control that they advance and sustain.
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Dean, Geoff, Peter Bell y Zarina Vakhitova. "Right-wing extremism in Australia: the rise of the new radical right". Journal of Policing, Intelligence and Counter Terrorism 11, n.º 2 (2 de julio de 2016): 121–42. http://dx.doi.org/10.1080/18335330.2016.1231414.
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Barda, David. "Class actions: The flood that never came". Alternative Law Journal 43, n.º 3 (16 de agosto de 2018): 171–76. http://dx.doi.org/10.1177/1037969x18787549.
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After 25 years of class actions in Australia, it is worth reviewing whether the predictions made – that part IVA of the Federal Court of Australia Act 1976 would result in an Americanised litigious culture and a flood of spurious claims – came to pass. This article argues that the flood was more of a trickle and that Australia's unique combination of cost shifting rules, contingency fees and judicial supervision have mitigated against the deluge. It takes the position that Australia has struck the right balance between access to justice and protection against vexatious or unmeritorious claims.
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Jonathan, Foster, Lum Carmel y Williams Kerry. "Neuropsychology in Australia: A multidimensional perspective". Neuropsychologist 1, n.º 8 (octubre de 2019): 72–81. http://dx.doi.org/10.53841/bpsneur.2019.1.8.72.
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This paper reviews neuropsychology in a,nother major English speaking country, Australia,. It is written from a multidimensional perspective by an international multiethnic team that has trained and worked in neuropsychology in the UK, Canada and the US, as well as in Australia itself. In addition to reviewing training and practice in neuropsychology, the focus is on the development and application of the discipline 'down under' within a broader historical and cultural context. For many years, Australian neuropsychology was strongly influenced by its connections to the UK (e.g. via explicit linkages to the British Psychological Society) and North America. Over more recent decades, while remaining strongly connected to and influenced by larger English-speaking global academic and professional communities Australian neuropsychology has carved out a distinctive niche and has made significant international contribution in its own right.
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Hokari, Minoru. "Globalising Aboriginal Reconciliation: Indigenous Australians and Asian (Japanese) Migrants". Cultural Studies Review 9, n.º 2 (13 de septiembre de 2013): 84–101. http://dx.doi.org/10.5130/csr.v9i2.3565.
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Over the last few years, I have attended several political meetings concerned with the refugee crisis, multiculturalism or Indigenous rights in Australia, meetings at which liberal democratic–minded ‘left-wing’ people came together to discuss, or agitate for change in, governmental policies. At these meetings, I always found it difficult to accept the slogans on their placards and in their speeches: ‘Shame Australia! Reconciliation for a united Australia’, ‘Wake up Australia! We welcome refugees!’ or ‘True Australians are tolerant! Let’s celebrate multicultural Australia!’ My uncomfortable feeling came not only from the fact that I was left out because of my Japanese nationality but also because I had never seen or heard words like ‘shame Japan’, ‘wake up Japan’ or ‘true Japanese are ...’ at Japanese ‘left-wing’ political gatherings. In Japan, these are words used only by right-wing nationalists. Indeed it is difficult to even imagine liberal-left intellectuals in postwar Japan calling for a ‘true Japanese’ political response (as if such a response was positive), such is the extent to which the idea of ‘good nationalism’ is now regarded as an oxymoron. This is my starting point for an essay in which I want to be attentive to the different roles played by national(ism) in the Japanese and Australian political environments.
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Liebherr, James K. y Kipling W. Will. "Antisymmetric male genitalia in Western Australian populations of Mecyclothorax punctipennis (Coleoptera: Carabidae: Moriomorphini)". Insect Systematics & Evolution 46, n.º 4 (23 de septiembre de 2015): 393–409. http://dx.doi.org/10.1163/1876312x-45042124.
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Western Australian populations of Mecyclothorax punctipennis (MacLeay) exhibit chiral polymorphism for male genitalic asymmetry. The plesiomorphic genitalic enantiomorph, wherein the male aedeagal median lobe is left side superior when retracted in the abdomen, is rotated 180° to a right side superior position in 23% of males from Western Australia. Conversely, population samples from eastern Australia are monomorphic for the plesiomorphic left side superior condition. Western Australian population samples are significantly heterogeneous for the percentages of chirally reversed males, with right side superior frequencies ranging 0–58%. Conversely, asymmetry of the M. punctipennis female reproductive tract, wherein the apex of the bursa copulatrix is distally expanded toward the right side of the individual, is shown to be monomorphic within the species. Based on the vast disparity in frequencies of left versus right enantiomorphs among populations of Western Australian M. punctipennis, we hypothesize that population demographic factors related to very small population size and differential gene sampling via genetic drift could interact to establish populations fixed for the novel form. When such chiral genitalic substitutions are coupled with speciation, subsequent diversification stemming from that common ancestor would result in monophyletic lineages characterized by genitalic inversion. This hypothesis is corroborated by the sporadic occurrences of individual males with chirally inverted genitalia throughout the Carabidae, and the known occurrence of eight carabid taxa — individual species to diverse lineages — that are monomorphically characterized by male genitalic inversion.
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McCrystal, Shae. "The Right to Strike and the "Deadweight" of the Common Law". Victoria University of Wellington Law Review 50, n.º 2 (2 de septiembre de 2019): 281. http://dx.doi.org/10.26686/vuwlr.v50i2.5746.
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The hostility of the common law in respect of collective action by workers in the form of strikes is notorious. To provide workers with a right to strike, legislative intervention is necessary. In New Zealand and Australia, legislative enactment of the right to strike has taken the form of the "immunity approach" whereby strike action which meets the prerequisites for protection under the relevant statute receives immunity from common law action, while that which does not remains subject to potential liability at common law.This article analyses the adoption of the immunity approach in Australia under the relevant federal industrial relations statutes that have operated since 1993. Commencing with discussion of the hostility of the common law to collective action and the principle of legality, a presumption of statutory interpretation that presumes Parliament would not have abrogated common law rights without an express intention to do so, this article examines how the scope of protected industrial action in Australia has been consistently narrowed through hostile judicial interpretation. Such interpretation has been grounded in an approach which narrows the extent that common law rights are restricted by the statute and construes the statutory enactment of a right to strike as conferring a "privilege" on those industrial actors who remain "worthy" enough to access it.Considering the progressively negative impact on the right to strike of this approach, the argument in this article echoes calls made by Gordon Anderson in 1987 to reject the continued role of the common law in the regulation of industrial action. It is argued that the law of strikes in Australia should be codified. Such an approach should assist in downplaying judicial tendencies to interpret the right to strike as a privilege rather than as a necessary component of a functioning system of voluntary collective bargaining.
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Pitt-Walker, Stephen. "Apologies and the Legacy of an Unlawful Application of Terra Nullius in Terra Australis". Denning Law Journal 32, n.º 1 (31 de marzo de 2021): 177–90. http://dx.doi.org/10.5750/dlj.v32i1.1922.
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The use of the legal fiction, terra nullius, as it was erroneously applied to Terra Australis, Australia, as a legal doctrine, supported the British colonial power’s right to settle that territory. Since then, many unspoken (as well as acknowledged) acts of structural and direct violence have been perpetrated against the First Nations population in Australia via the imposition, and later ‘reception’, of the legal system and laws of England, as well as the dominant socio-political system, that represented the British Crown.
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Banner, Stuart. "Why Terra Nullius? Anthropology and Property Law in Early Australia". Law and History Review 23, n.º 1 (2005): 95–131. http://dx.doi.org/10.1017/s0738248000000067.
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The British treated Australia as terra nullius—as unowned land. Under British colonial law, aboriginal Australians had no property rights in the land, and colonization accordingly vested ownership of the entire continent in the British government. The doctrine of terra nullius remained the law in Australia throughout the colonial period, and indeed right up to 1992.
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Ernawati, Ninin. "The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n.º 02 (agosto de 2019): 340–60. http://dx.doi.org/10.22304/pjih.v6n2.a7.
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The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to protect refugees who entering its territory. This article discusses whether the national security principle is contrary to the non-refoulement principle; and how Australia can accommodate both principles without neglecting the rights of refugees and still be able to maintain their interests. This article also reviews how Australia can implement policies based on national security principle when it has to face international obligations–in this case, the non-refoulement principle. This research concludes that the national security and the non-refoulement principle are basically contradictory. However, Australia can accommodate these two principles by counterbalancing actions, such as the establishment of national laws that still highly consider humanitarian standards contained in the non-refoulement principle. Australia has the right to implement number of policies based on its national law, while that the same time Australia cannot ignore their international obligation to protect refugees in accordance with the 1951 Refugee Convention that they have ratified. Reflecting on some previous policies, this study concludes that Australia has not been able to accommodate both principles.
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Ernawati, Ninin. "The Dilemma of Australian Pacific Solution: The Non-Refoulement Principle Versus National Security". PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 06, n.º 02 (agosto de 2019): 340–60. http://dx.doi.org/10.22304/pjih.v6n2.a7.
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The Australian Government has issued various policies to deal with refugees. One of the policies is the Pacific Solution and it is considered as a manifestation of national security principles. On one hand, the policy against the non-refoulement principle, which is the central principle of the refugee convention and Australia is one of the states that ratified the 1951 Refugee Convention. Obviously, Australia should not violate the non-refoulement principle. On the other hand, Australia has experienced a dilemma between prioritizing its interests and fulfilling international obligation to protect refugees who entering its territory. This article discusses whether the national security principle is contrary to the non-refoulement principle; and how Australia can accommodate both principles without neglecting the rights of refugees and still be able to maintain their interests. This article also reviews how Australia can implement policies based on national security principle when it has to face international obligations–in this case, the non-refoulement principle. This research concludes that the national security and the non-refoulement principle are basically contradictory. However, Australia can accommodate these two principles by counterbalancing actions, such as the establishment of national laws that still highly consider humanitarian standards contained in the non-refoulement principle. Australia has the right to implement number of policies based on its national law, while that the same time Australia cannot ignore their international obligation to protect refugees in accordance with the 1951 Refugee Convention that they have ratified. Reflecting on some previous policies, this study concludes that Australia has not been able to accommodate both principles.
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MacDermott, Therese y Joellen Riley. "Alternative Dispute Resolution and Individual Workplace Rights: The Evolving Role of Fair Work Australia". Journal of Industrial Relations 53, n.º 5 (noviembre de 2011): 718–32. http://dx.doi.org/10.1177/0022185611419625.
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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.
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Manin, Iaroslav. "Legal regime of subsoil use in Australia". Административное и муниципальное право, n.º 2 (febrero de 2021): 54–68. http://dx.doi.org/10.7256/2454-0595.2021.2.34270.
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The subject of this research is the Australian federal and regional normative legal acts that regulate subsoil use. The object is public relations in the sphere of land turnover, subsurface and natural resource management in the Commonwealth of Australia. The author describes the system and structure of normative legal regulation, as well as subsoil use in Australia. The work contains a list of sources of the Australian natural resources law; analysis of their content is carried out. Special attention is given to the legal regime of exploitation of subsoil resources of the continental shelf of the Commonwealth of Australia, licensing of subsoil use, the role of British monarchy in exercising the right of ownership of land by its subjects, and the authority for subsoil management. The scientific novelty of this article consists in the disclosure of legal regime of subsoil use in the Commonwealth of Australia in the context of amendments to Australian natural resources legislation, constitutional and administrative reforms. This work reflects the economic interest of the Russian Federation and domestic organizations of the fuel and energy complex in the Oceania Region, which defines its relevance. The presented materials can be used within the framework of comparative jurisprudence, lawmaking, for educational and other purposes. The author concludes on the preservation of public legal regime of subsoil use in Australia, namely with regards to turnover of licenses and shares therein.