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Charlton, Claire Marie. "Southern Right Whale (Eubalaena australis) Population Demographics in Southern Australia". Thesis, Curtin University, 2017. http://hdl.handle.net/20.500.11937/59638.
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This thesis aimed to assess the population demographics of Southern right whales (SRW) Eubalaena australis, in South Australia. A combination of monitoring techniques were employed between 2014 and 2016 in the form of land and vessel based count and photo identification surveys. The study uses current and historical data (1991-2016) to assess distribution, abundance and life histories of SRW at two wintering aggregations in South Australia. Results provide information for recovery assessment and conservation management.
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Bartholomew, Peter G. "Personal rights, property rights and Section 55(2) of the Copyright Act 1968 : a consideration of the adaptation right in the compulsory licensing scheme for recording of musical works". Thesis, Queensland University of Technology, 1998. https://eprints.qut.edu.au/36898/1/36898_Digitised%20Thesis.pdf.
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Gibb, Susan Jennifer. "Privacy and Australian law". Title page, contents and abstract only, 1987. http://web4.library.adelaide.edu.au/theses/09PH/09phg4372.pdf.
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Henderson, Peter Charles. "A history of the Australian extreme right since 1950 /". View thesis, 2002. http://library.uws.edu.au/adt-NUWS/public/adt-NUWS20030924.134813/index.html.
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Thesis (Ph.D.) -- University of Western Sydney, 2002."A thesis submitted in fulfilment of the requirements for the degree of Doctor of Philosophy, December 2002, School of Humanities, University of Western Sydney" Bibliography : p. [419]-451.
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Gallagher, Dean. "Ideological Misinformation: How News Corp Australia amplifies the discourses of the reactionary right". Thesis, Malmö universitet, Fakulteten för kultur och samhälle (KS), 2019. http://urn.kb.se/resolve?urn=urn:nbn:se:mau:diva-21412.
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This paper analyses the interactions between Australian mainstream media and social media political influencers and how these interactions amplify ideological misinformation. Social media, particularly YouTube, is increasingly a primary source of news and information for people, principally in the younger 18 – 35-year demographic. Yet while social media has opened up horizontal networks of mass self-communication that allow anyone with an internet to communicate on a mass scale, it has also precipitated a significant rise in the dissemination of reactionary right and extremist messages. The analysis is embedded in Manuel Castells network society theory and utilising Fairclough’s Critical Discourse Analysis framework and José van Dijck’s combination of the Network Society theory with Actor Network Theory. By analysing the discourses employed by News Corp around notions of “identity politics” “western civilisation” and “the left”, this paper argues that the discourses of News Corp Australia are largely the same as the Alternative Influence Network (AIN) on YouTube – a loosely connected group of reactionary right-wing influencers. It further analyses the way News Corp reports on these influencers, concluding that the intertwining discursive patterns of both News Corp and the AIN have the effect of discriminating against a range of minority groups due to its centring of white, western identity as default. News Corp produces and amplifies ideological misinformation through both power and counterpower communication networks. This is concerning considering News Corp’s prominence and influence in the Australian media landscape. Finally, it argues that the ideological misinformation amplified by News Corp Australia is contributing to a new ideological paradigm that combines populist nationalism with neoliberalism.
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Sammon, Gerard Patrick. "Freedom of speech in Australia : analysis of freedom of speech as a right". Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/36891/1/36891_Digitised%20Thesis.pdf.
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Alafaci, Francesco History & Philosophy Faculty of Arts & Social Sciences UNSW. "The extreme right in Australia with particular reference to protestant Christianity 1945 to 2001". Awarded by:University of New South Wales. History & Philosophy, 2010. http://handle.unsw.edu.au/1959.4/44915.
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This thesis aims to provide a detailed analysis of the postwar movements active on the far right fringes of Australian society between 1945 and 2001. It traces the distinctive features of ultra rightist groups and organizations and discusses the similarities and differences between these forms of non conventional, sectarian behaviour. The study emphasizes the longevity of right wing extremist discourses linked mainly to ideologies that drew upon fundamentalist Christian conceptions of history and politics. My task is to demonstrate that most ultra-rightist types of activities appealed to the historical background of militant conservative mobilization around the issues of Protestantism, white racial ethnicity and Anglo-Saxon national identity. The analysis examines the programs, interrelationships and modus operandi of such groups and organizations and the liberal-democratic reaction to their activities. It concludes with some generalizations about the extreme right as well as offering some insights into the phenomenon's prospects in the early twenty-first century.
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Allcock, Martin A. "A principled and pragmatic approach to cases of negligently inflicted psychiatric injury based on corrective justice and Kantian right". Thesis, Queensland University of Technology, 2018. https://eprints.qut.edu.au/118147/1/Martin_Allcock_Thesis.pdf.
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The history of legal liability for psychiatric injury caused by negligence has been marked by judges taking different approaches, some applying general principles while others have taken a more pragmatic and arbitrary approach due to concerns including the risk of unlimited liability. This thesis applies Ernest Weinrib's and Allan Beever's corrective justice theories of negligence to such claims and suggests an approach to the duty of care which demonstrates that a choice does not need to be made between a principled but unlimited and unworkable approach on the one hand, and a clear and predictable but arbitrary and unprincipled approach, on the other. Rather, it is argued in this thesis that the approach suggested by applying Weinrib's and Beever's theories to this area of law is both principled and workable.
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Gibson, Tanya Melissa. "Political extremism in Australia : social and political responses to parties of the extreme left and right /". Title page, contents and abstract only, 1996. http://web4.library.adelaide.edu.au/theses/09AR/09arg451.pdf.
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Bryant, Octavia. "Crisis, division and ideology: a comparative study of populist radical right parties in Australia and the Netherlands". Phd thesis, Australian Catholic University, 2019. https://acuresearchbank.acu.edu.au/download/70cb36a6a5e468a5865e9718211c66dc9cb0c866961d9dc84e503a527e5d6a94/1966467/Bryant_2019_Crisis_Division_and_Ideology_Populist_Radical_Right.pdf.
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In the contemporary political era, ‘populist’ parties have experienced a heightened degree of electoral prominence and success throughout a great number of Western liberal democracies. In particular, populist radical right parties have been especially successful, increasing their support and rising from the political fringes to holding positions of power. As these parties settle into being a permanent fixture of contemporary politics, it is necessary to better understand how they function. Specifically, the thesis contends that the role populism plays within populist radical right parties is not sufficiently understood. As such, this thesis asks, to what extent are so-called ‘populist’ parties actually populist? What role does populism play in the facilitation of these parties’ broader ideological agendas? And to what degree do these agendas differ between parties in different Western liberal democratic contexts?
Situated in the fields of political theory and comparative politics, the thesis explores these questions by examining populist radical parties from the supply-side. It does so from a multi-typological perspective, defining populism as a thin-centred ideology and a discourse, which in-groups and out-groups between the ‘people’ and the ‘elite’, and propagates themes of crisis. Following in the ideational tradition, these features necessarily function alongside a ‘host’ ideology. Using a mixed quantitative content and qualitative research method, the thesis examines the extent to which these features are present and the role that they play in facilitating agendas in two populist radical right parties, operating in different Western liberal democracies: in Australia, One Nation (ON) and in the Netherlands, the Party for Freedom (PVV).
The analysis found that both ON and the PVV were most prominently nativist, rather than populist. This was evidenced by the predominant ethno-cultural process of in-grouping and out-grouping, between a Judeo-Christian ‘people’ and a minority ethnic ‘other,’ and the high frequency of nativist policies in their policy documents. But while their nativism was the primary focus of the parties, the populist dimensions of the parties should not be underplayed and should be considered significant and fundamental to the parties’ overall agenda. Specifically, it found that themes of crisis, as a constituent feature of populism, were quantitatively and qualitatively significant for each party, and that themes of crisis facilitated each parties’ core, nativist political goals. In examining the supply-side presence of crisis in the case studies, the analysis was able to develop a greater appreciation for populism’s overall role in the parties that are most commonly associated with the term. The empirical examination of crisis from the supply-side is the first of its kind, and supports the theory that crisis is not merely a demand-side, external trigger for the populist radical right, but sits at the centre of the antagonistic relationship between the ‘people’, the ‘elite’ and the ‘other’. The findings also suggest that populist radical right parties will modulate their key agendas, depending on political context and issue salience. For example, where the PVV generally conformed to received wisdom of the populist radical right party family, motivated primarily by post-materialist concerns, ON tended to balance their post-materialist focus with material issues. It also found that ON was comparatively more populist than the PVV, in part because of this balancing of material and post-material matters.
The overarching aim of this thesis is to forge a greater understanding of populist radical right parties, arguably the most prominent and successful populist party family of the contemporary era. Through this analysis, the thesis provides a fresh perspective on these parties and the role that populism plays within them.
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Saleam, Jim. "The other radicalism an inquiry into contemporary Australian extreme right ideology, politics and organization, 1975-1995 /". Connect to full text, 1999. http://hdl.handle.net/2123/807.
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Thesis (Ph. D.)--University of Sydney, 2001.Title from title screen (viewed Apr. 22, 2008). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Dept. of Government and Public Administration, Faculty of Economics & Business. Degree awarded 2001; thesis submitted 1999. Includes bibliography. Also available in print form.
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Chalklen, Andrew John. "Managing public access to arid lands in South Australia : a case study of the north Flinders Ranges /". Title page, contents and abstract only, 1990. http://web4.library.adelaide.edu.au/theses/09ENV/09envc436.pdf.
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Davies, Evan. "Mandatory detention for asylum seekers in Australia : an evaluation of liberal criticism". University of Western Australia. Political Science and International Relations Discipline Group, 2007. http://theses.library.uwa.edu.au/adt-WU2007.0202.
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This thesis evaluates the policy of mandatory detention for asylum seekers maintained by successive Australian governments against several core liberal principles. These principles are derived from various accounts of liberal political thought and the major themes and criticisms inherent in the public debate over the policy. The justifications of the policy given by the Australian government and the criticisms enunciated by scholars, refugee advocates and non-government organisations with respect to the policy strongly correspond with the core liberal principles of fairness, protecting the rights of the individual, accountability and proportionality. The claims of the critics converge on a central point of contention: that the mandatory detention of asylum seekers violates core liberal principles. To ascertain the extent to which the claims of the critics can be supported, the thesis selectively draws on liberal political theory to provide a framework for the analysis of the policy against these liberal principles, a basis for inquiry largely neglected by contributors to the literature. This thesis argues that, on balance, the mandatory detention policy employed by successive Australian governments violates core liberal principles. The claims of the critics are weakened, but by no means discredited, by the importance of the government's maintenance of strong border control. In the main, however, criticisms made by opponents of the policy can be supported. This thesis contributes to the substantial body of literature on the mandatory detention policy by shedding light on how liberal principles may be applicable to the mandatory detention policy. Further, it aims to contribute to an enriched understanding of the Australian government's competence to detain asylum seekers.
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Malavaux, Claire. "Cultivating indifference : an anthropological analysis of Australia's policy of mandatory detention, its rhetoric, practices and bureaucratic enactment". University of Western Australia. School of Social and Cultural Studies, 2007. http://theses.library.uwa.edu.au/adt-WU2008.0120.
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This thesis is based on a particular domain of anthropological inquiry, the anthropology of policy, which proposes that policy be contemplated as an ethnographic object itself. The policy I consider is Australia's refugee policy, which advocates the mandatory detention of
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Mwebaza, Rose. "The right to public participation in environmental decision making a comparative study of the legal regimes for the participation of indigneous [sic] people in the conservation and management of protected areas in Australia and Uganda /". Phd thesis, Australia : Macquarie University, 2007. http://hdl.handle.net/1959.14/22980.
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"August 2006"Thesis (PhD) -- Macquarie University, Division of Law, 2007.
Bibliography: p. 343-364.
Abstract -- Candidate's certification -- Acknowledgements -- Acronyms -- Chapter one -- Chapter two: Linking public participation to environmental decision making and natural resources management -- Chapter three: The right to public participation -- Chapter four: Implementing the right to public participation in environmental decision making : the participation of indigenous peoples in the conservation and management of protected areas -- Chapter five: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Australia -- Chapter six: The legal and policy regime for the participation of indigenous peoples in the conservation and management of protected areas in Uganda -- Chapter seven: Implementing public participation in environmental decision making in Australia and Uganda : a comparative analysis -- Chapter eight: The right to public participation in enviromental decision making and natural resources management : summary and conclusions -- Bibliography.
In recognition of the importance of public participation as a basis for good governance and democracy, Mr Kofi Annan, Secretary General to the United Nations, has noted that: "Good governance demands the consent and participation of the governed and the full participation and lasting involvement of all citizens in the future of their nation. The will of the people must be the basis of governmental authority. That is the foundation of democracy. That is the foundation of good governance Good governance will give every citizen, young or old, man or woman, a real and lasting stake in the future of his or her society". The above quotation encapsulates the essence of what this thesis has set out to do; to examine the concept of public participation and its application in environmental governance within the context of the participation of indigenous peoples in the conservation and management of protected areas in Australia and Uganda. The concept of public participation is of such intrinsic importance that it has emerged as one of the fundamental principles underpinning environmental governance and therefore forms the basis for this study. -- Environmental governance, as a concept that captures the ideal of public participation, is basically about decisions and the manner in which they are made. It is about who has 'a seat at the table' during deliberations and how the interests of affected communities and ecosystems are represented. It is also about how decision makers are held responsible for the integrity of the process and for the results of their decisions. It relates to business people, property owners, farmers and consumers. Environmental governance is also about the management of actions relating to the environment and sustainable development. It includes individual choices and actions like participating in public hearings or joining local watchdog groups or, as consumers, choosing to purchase environmentally friendly products. -- The basic principles behind good governance and good environmental decision making have been accepted for more than a decade. The 178 nations that attended the Rio Summit in 1992 all endorsed these nvironmental governance principles when they signed the Rio Declaration on Environment and Development (Rio Declaration) - a charter of 27 principles meant to guide the world community towards sustainable development. The international community re-emphasised the importance of these principles at the World Summit on Sustainable Development in 2002. -- The right to public participation in nvironmental decision making and natural resources management is one of the 27 principles endorsed by the nations of the world and is embodied in the provisions of Principle 10 of the Rio Declaration.
Environmental decisions occur in many contexts. They range from personal choices like whether to walk or drive to work, how much firewood to burn, or whether to have another child. They encompass the business decisions that communities or corporations make about where to locate their facilities, how much to emphasise eco-friendly product design and how much land to preserve. They include national laws enacted to conserve the environment, to regulate pollution, manage public land or regulate trade. They take into account international commitments made to regulate trade in endangered species or limit acid rain or C02 emissions. -- Environmental decisions also involve a wide range of actors: individuals; local, state and national governments; community and tribal authorities such as indigenous peoples; civic organisations; interested groups; labour unions; national and transactional corporations; scientists; and international bodies such as the United Nations, the European Union, and the World Trade Organisation. -- Each of the actors have different interests, different levels of authority and different information, making their actions complex and frequently putting their decisions at odds with each other and with ecological processes that sustain the natural systems we depend on. -- Accordingly, this thesis aims to examine participation in environmental decision making in a way that demonstrates these complexities and interdependencies. It will explore the theoretical and conceptual basis for public participation and how it is incorporated into international and domestic environmental and natural resources law and policy. -- It will examine public participation in the context of the legal and policy framework for the conservation and management of protected areas and will use case studies involving the participation of indigeneous peoples in Australia and Uganda to provide the basis for a comparative analysis. -- The thesis will also faces on a comparative analysis of the effectiveness and meaningfulness of the process for public participation in environmental decision making in Australia and Uganda. There is extensive literature on the purposes to which participation may be put; the stages in the project cycle at which it should be employed; the level and power with regard to the decision making process which should be afforded to the participants; the methods which may be appropriate under the different circumstances, as well as detailed descriptions of methods; approaches and forms or typologies of public participation; and the benefits and problems of such participation.
However, there is not much significant literature that examines and analyses the meaningfulness and effectiveness of the contextual processes of such participation. This is despite the widespread belief in the importance and value of public participation, particularly by local and indigenous communities, even in the face of disillusionment caused by deceit, manipulation and tokenism. Accordingly, the thesis will use case studies to demonstrate the meaningfulness and effectiveness or otherwise of public participation in environmental decision making in protected area management. -- Increasingly, the terminology of sustainable development is more appropriate to describe contemporary policy objectives in this area, with an emphasis on promoting local livelihood and poverty alleviation within the constraints of ecosystem management. However, the domestic legal frameworks, and institutional development, in Australia and Uganda tend to reflect earlier concepts of environmental and natural resources management (referred to as environmental management in this thesis). There are some significant differences between a North (developed) nation and a South (developing) nation, in terms of the emphasis on economic objectives, political stability, resources and legal and administrative capacity. The thesis intends to explore these differences for the comparative analysis and to draw on them to highlight the complexities and interdependencies of public participation by indigenous peoples in environmental decision making, natural resources and protected area management.
Mode of access: World Wide Web.
377 p
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Hickey, Michelle Charmaine. "Aboriginal voting rights in Australia /". Title page, table of contents and introduction only, 2004. http://web4.library.adelaide.edu.au/theses/09AR/09arh6282.pdf.
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MacIntyre, Jaymie-Louise. "Human rights in Australian politics : a dual case study analysis of the issues affecting the development of human rights policy in Australia /". Title page, contents and introduction only, 2002. http://web4.library.adelaide.edu.au/theses/09AR/09arm1526.pdf.
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Harpur, Paul David. "Labour rights as human rights : workers' safety at work in Australian-based supply chains". Thesis, Queensland University of Technology, 2009. https://eprints.qut.edu.au/35793/1/Paul_Harpur_Thesis.pdf.
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The increase of buyer-driven supply chains, outsourcing and other forms of non-traditional employment has resulted in challenges for labour market regulation. One business model which has created substantial regulatory challenges is supply chains. The supply chain model involves retailers purchasing products from brand corporations who then outsource the manufacturing of the work to traders who contract with factories or outworkers who actually manufacture the clothing and textiles. This business model results in time and cost pressures being pushed down the supply chain which has resulted in sweatshops where workers systematically have their labour rights violated. Literally millions of workers work in dangerous workplaces where thousands are killed or permanently disabled every year. This thesis has analysed possible regulatory responses to provide workers a right to safety and health in supply chains which provide products for Australian retailers.
This thesis will use a human rights standard to determine whether Australia is discharging its human rights obligations in its approach to combating domestic and foreign labour abuses. It is beyond this thesis to analyse Occupational Health and Safety (OHS) laws in every jurisdiction. Accordingly, this thesis will focus upon Australian domestic laws and laws in one of Australia’s major trading partners, the Peoples’ Republic of China (China).
It is hypothesised that Australia is currently breaching its human rights obligations through failing to adequately regulate employees’ safety at work in Australian-based supply chains. To prove this hypothesis, this thesis will adopt a three- phase approach to analysing Australia’s regulatory responses.
Phase 1 will identify the standard by which Australia’s regulatory approach to employees’ health and safety in supply chains can be judged. This phase will focus on analysing how workers’ rights to safety as a human right imposes a moral obligation on Australia to take reasonablely practicable steps regulate Australian-based supply chains. This will form a human rights standard against which Australia’s conduct can be judged.
Phase 2 focuses upon the current regulatory environment. If existing regulatory vehicles adequately protect the health and safety of employees, then Australia will have discharged its obligations through simply maintaining the status quo. Australia currently regulates OHS through a combination of ‘hard law’ and ‘soft law’ regulatory vehicles. The first part of phase 2 analyses the effectiveness of traditional OHS laws in Australia and in China. The final part of phase 2 then analyses the effectiveness of the major soft law vehicle ‘Corporate Social Responsibility’ (CSR).
The fact that employees are working in unsafe working conditions does not mean Australia is breaching its human rights obligations. Australia is only required to take reasonably practicable steps to ensure human rights are realized.
Phase 3 identifies four regulatory vehicles to determine whether they would assist Australia in discharging its human rights obligations. Phase 3 then analyses whether Australia could unilaterally introduce supply chain regulation to regulate domestic and extraterritorial supply chains. Phase 3 also analyses three public international law regulatory vehicles. This chapter considers the ability of the United Nations Global Compact, the ILO’s Better Factory Project and a bilateral agreement to improve the detection and enforcement of workers’ right to safety and health.
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Allington, Patrick. "Indigenous land rights in (un)settled Australia /". Title page, contents and synopsis only, 1995. http://web4.library.adelaide.edu.au/theses/09ARM/09arma437.pdf.
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Saint-Laurent, Geneviève. "Le droit de vote limité par la condamnation pénale ou la quête d'un équilibre entre droit fonctionnel et droit individuelcomme limite au droit de vote ou la quête d'un équilibre entre droit fonctionnel et droit individuel". Thesis, Aix-Marseille, 2015. http://www.theses.fr/2015AIXM1048.
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Bien que le caractère fondamental du droit de vote ne soit plus contesté dans les pays démocratiques, il semble néanmoins subsister un fort a priori quant aux qualités morales requises pour pouvoir disposer de la capacité électorale. En effet, dans de nombreux États, on considère que les détenus doivent systématiquement être privés de leur droit de vote, car indignes de participer à la vie démocratique. Néanmoins, tant la Cour constitutionnelle d’Afrique du Sud que la Cour suprême du Canada et la Cour européenne des droits de l’Homme ont invalidé des dispositions législatives qui allaient en ce sens. L’analyse comparative de ces décisions, doublée d’une étude de l’évolution historique du droit de vote, révèle que ce droit, autrefois conçu comme un droit fonctionnel – soit un droit de vote ayant d’abord pour objectif la protection de la démocratie en tant qu’institution – est aujourd’hui perçu essentiellement comme un droit individuel - soit un droit de vote avant tout défini comme un droit fondamental attaché à l’individu et à sa dignité. Or, outre le fait que cette sacralisation de l’aspect individuel du droit de vote laisse désormais peu de place aux limitations étatiques, elle a aussi pour effet d’occulter les valeurs collectives qui sont, autant que la participation individuelle au suffrage, au cœur de la démocratie. Cette thèse propose ainsi certaines pistes de solutions qui visent à rétablir un équilibre entre les deux pôles du droit de vote, en cherchant à la fois à préserver la dignité individuelle attachée à l’acte électoral et à valoriser la dignité de la fonction électorale comme élément essentiel de l’intégrité du processus démocratiqueWhile the fundamental and universal nature of a citizen’s right to participate in the electoral process through voting is no longer disputed in democracies, the degree of morality required for electoral capacity is still up for debate. Indeed, in many countries, felons are thought unworthy of participation in the democratic process and are thus systematically disenfranchised. However, the Constitutional Court of South Africa, the Supreme Court of Canada and the European Court of Human Rights have all, in recent years, invalidated legislation that provided for general and automatic disqualification of convicted felons. A comparative analysis of these rulings, paired with a study of historical evolution of the right to vote, reveals that what was once designed as a functional right, one primarily aimed at protecting democracy as an institution, is now perceived strictly as an individual right attached to one’s personal dignity. The shift from a right focused on its “subject” rather than its “object” has had unexpected consequences. The sanctification of the individual’s right has not only encroached on the government’s ability to limit the franchise, it has also undermined the collective values that are, as much as is the individual right to participate in the election, at the heart of democracy. This thesis proposes a number of solutions to the current imbalance between the two aspects of the right to vote, all aimed at preserving the individual dignity tied to the right to cast a ballot but also at promoting the electoral function, crucial to the integrity of the democratic process
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Moreton, Romaine. "The right to dream". Click here for electronic access: http://arrow.uws.edu.au:8080/vital/access/manager/Repository/uws:2495, 2006. http://arrow.uws.edu.au:8080/vital/access/manager/Repository/uws:2495.
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Henderson, Peter Charles, University of Western Sydney, of Arts Education and Social Sciences College i School of Humanities. "A history of the Australian extreme right since 1950". THESIS_CAESS_HUM_Henderson_P.xml, 2002. http://handle.uws.edu.au:8081/1959.7/504.
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This thesis is a narrative history of the major groups and individuals on the Australian extreme right since 1950. It assesses their genesis, growth, successes and failures as well as their origins in regard to Australia’s domestic situation and international influences. Various arguments are put forward: groups that emerged in the post World War 2 period are different than preceding groups; the Social Credit movement is in decline; the ideas of neo-Nazi and fascist groups, while powerful, are generally no longer viable; anti-immigration and racial nationalist groups were an attempt to forge an indigenous movement; the role of individual activists are an important element in extreme right political activity; the Confederate Action Party was destroyed by internecine fighting; the Citizens Electoral Council is representative of a movement with the potential to promote dissent in society and may become one of the more important groups of the extreme right; Pauline Hanson’s movement eventually proved damaging to the extreme right. It is concluded that the extreme right has exerted a significant negative influence over Australian society, influencing both national and international trendsDoctor of Philosophy (PhD)
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O'Neill, P. B. "Moral rights in Australia : the case for legislative protection". Thesis, Queensland University of Technology, 1997. https://eprints.qut.edu.au/36895/1/36895_O%27Neill_1997.pdf.
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'Moral rights' should not be thought of as a system of ethical or moral principles, rather, they are personal rights of the author of a literary, artistic, musical or like work which proponents of moral rights protection argue arise from the intimate bond between the author of such a work and the work itself. Focus in the common law countries has always been on the economic rights associated with a copyright work and how those economic rights could be best protected and exploited by the copyright owner: 'The common law, however, has always placed more emphasis on the preservation of property interests than on some intangible concept like personality rights which are difficult to calculate in economic terms. The common law has always been more utilitarian and pragmatic in nature than its European counterparts. The legal rights of individuals are protected negatively - that is, you have a compensatory remedy rather than rights per se. ' 1
Within the Australian legal system the economic rights are the exclusive rights contained in section 31 of the Copyright Act 1968 (Cth) and include the right to reproduce the work, publish the work, make a broadcast, make an adaptation of the work (among others). The focus on economic rights is reflected in the ultimate form which the Copyright Act has taken in Australia. That is, the Act affords substantial opportunities to the copyright owner to exploit the work with concomitant protection of those economic or pecuniary rights. By contrast, however, there is minimal protection offered to any moral or personal rights that the original creator of the work may claim to possess.
For many moral rights advocates, the call for legislative protection of moral rights has been premised on the basis that a balance between economic rights and moral rights does not currently exist within the copyright field. The opponents of legislative protection allege that the introduction of moral rights would unduly upset the current system, posing threatening implications for investors in the culture industries. 2 This is the environment in Australia in which the moral rights debate has developed. Initially moral rights were seen as being essentially a foreign or alien concept to the system of copyright law in Australia. The past twenty years has seen an increasing focus upon moral rights by the artistic industries, legal academics, the Copyright Law Review Committee and various government bodies.
Moral rights have been given some form of recognition and protection in over sixty countries in the world. Even the well-spring of Australian law, that being the English legal system, has enacted legislation which not only recognises moral rights but provides protection for these rights. In addition, other countries with a common law heritage such as Canada, New Zealand, India, South Africa and Nigeria have similarly enacted some form of protection for moral rights.3 Despite this, Australia since becoming a member State of the Berne Convention in 1928 has consistently refused to enact laws which specifically recognise moral rights and provide legislative protection for these rights. Despite the change in views of countries such as New Zealand4 and the United Kingdom5 , Australia has remained somewhat isolationist in its persistence in refusing to provide specific protection for moral rights. It appears, however, that the winds of change have been gaining increasing force in Australia, particularly within the last five years.
This dissertation will define and analyse the concept of 'moral rights'. The nature of moral rights, including the rights of attribution, the right of integrity, the right of divulgation (disclosure) and the right of withdrawal, will be considered. The history of the moral rights debate in Australia will be discussed including Australia's obligations as a member of the Berne Convention for the Protection of Literary and Artistic Works ("the Berne Convention") will be considered. The experience of other common law jurisdictions in recognising moral rights and the means adopted to protect moral rights and the efficacy of the means of protection selected will also be examined.
This paper will focus upon the question whether moral rights are sufficiently protected within the Australian legal system by the present framework of various common law causes of action and statutory provisions contained in the Copyright Act 1968 (Cth) and the Trade Practices Act 1974 (Cth) and the various State Fair Trading Acts.6 The case for and against greater recognition and protection of moral rights will be examined. In 1994 the AttorneyGeneral's Department published a discussion paper which recommended the introduction of specific moral rights protection in Australia via amendments to the Copyright Act 1968
(Cth).7 The recommendations of the Discussion Paper will be considered as will recent developments in the moral rights debate in Australia.
This paper concludes that there has been insufficient recognition and protection of moral rights within the Australian legal system. The combination of common law causes of action and statutory provisions in the Australian legal system, in the absence of specific legislative provisions protecting moral rights, are not sufficient to comply with Australia's treaty obligations under Article 6bis of the Berne Convention. There is an unmet need for greater recognition and protection of moral rights within the Australian legal system and this paper recommends this occur via amendments to the Copyright Act 1968 (Cth) to incorporate specific provisions protecting moral rights.
24
Cooper, Margaret. "The Australian Disability Rights Movement : freeing the power of advocacy /". Connect to thesis, 1999. http://repository.unimelb.edu.au/10187/80.
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The Australian Disability Rights Movement (ADRM) developed slowly during the century, with a major spurt of growth in the 1980’s, resulting in the formation of two national advocacy organisations controlled by people with disabilities. This thesis uses the insider perspective of the researcher, feminist research methodology, review of relevant theory, and the views of self-selected board members to explore the history and common themes of the ADRM, and the relationship of these organisations to social change. Theoretical sources have been explored concerning past and present status of people with disabilities, new social movements, and second wave feminism.Participants identifies individual experiences of disability and most felt the formation of such collective action groups had positive effects on social change. Respondents named major significant events in the achievement of disability rights, most naming the development of the two national organisations Disabled People’s International (Australia) (DPI(A) and Women With Disabilities Australia (WWDA) as essential to positive outcomes.
Sexism was experienced by most women involved in the more traditional organisation. This, and recognition of feminism, gave impetus to the formation of WWDA.
Opinion was divided about the best way the disability movement could continue without a peak body for both genders. The movement was perceived as ongoing, but less organised in its confrontation of challenges to the citizenship of people with disabilities posed by social and economic changes and governments’ weakening of the concept of advocacy.
25
Martinez, Julia. "Racism in the Northern Territory [manuscript] : the attitudes of administrators, pastoralists and unionists to Aborigines employed in the cattle industry during the Depression, 1929-1934". Thesis, The University of Wollongong, 1995. http://hdl.handle.net/1885/276260.
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This thesis investigates the racism exhibited by Administrators, Pastoralists
and Trade Unionists towards Aborigines employed in the Northern
Territory cattle industry during the Depression years, 1929 to 1934. Their
racism is examined within the framework of sociological and historical
theories of racism. An historical evolution of racism is outlined, showing
that from Colonial history emerged Colonial racism, which regarded
'natives' as an inferior race destined to serve as a cheap source of labour for
European colonists. This racism occurred in two main forms: as a
'primitive' and violent racism; and as a 'civilised', paternalistic racism. The
development of nationalism coincided with the rise of a Nationalistic
racism which defined the nation as an homogeneous people, excluding all
others as inherently inferior. As the colonial era drew to an end, and
colonial 'natives' began to immigrate to Europe, their position within the
modern nation-states became problematic. Where they continued to be
regarded as a source of cheap labour, their exploitation provoked a racist
reaction from the working class, referred to as Migrant Labour racism or
Competitive racism.
This thesis argues that European racism in the Northern Territory can only
be fully understood if we consider that each of these forms of racism existed
simultaneously. This historical anomaly saw the merging of a dependent
colonial frontier with a modern nation-state, and the racist attitudes of the
Europeans reflect this situation. The Administrators legitimised their
racism with arguments of Social Darwinism while seeking to promote
Nationalistic racism. Economic considerations, however, made the
arguments of Colonial racism appear attractive. The Pastoralists exhibited
Colonial racism in all its forms, both primitive and paternalistic. In their
official dealings, they also utilised arguments of Nationalistic and Scientific
racism. The Unionists exhibited a Competitive racism which was tempered
by left-wing influences which advocated an end to racial discrimination as
the only solution to Aboriginal competition. In each group, the
manifestations of racism were complex and varied, revealing that racist
ideology w as inextricably linked with social, economic and political
considerations.
26
Fogarty, Jane Catherine. "Towards an Australian republic, constitutionalising indigenous land rights". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1998. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape11/PQDD_0003/MQ40989.pdf.
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Elwen, Simon Harvey. "Environmental factors influencing the distribution of southern right whales (Eubalaena australis) on the South African coast". Pretoria : [s.n.], 2005. http://upetd.up.ac.za/thesis/available/etd-11212005-142925/.
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28
Paterson, Travis. "Cultureless rights : the cultural framework for indigenous rights in the Canadian and Australian judiciaries". Thesis, University of British Columbia, 2010. http://hdl.handle.net/2429/28606.
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The relationship between the common law of Canada and Australia and Indigenous peoples has been one plagued by the logic of dispossession and domination. For over 200 years colonial courts effectively ignored Indigenous claims to the continued existence of their rights to traditional lands and self-government. In their respective attempts to address their own colonial histories, the Canadian and Australian courts have both begun to recognize the rights and title of Indigenous peoples to their traditional land-bases. Initially this gesture appeared to promise greater rights and freedoms for Indigenous peoples, including entitlement to self-government and the right to manage and benefit from traditional lands without the need for external authorization. Unfortunately, however, in a number of recent decisions the progress demonstrated by the courts in earlier cases has stalled, even reversed. This thesis will demonstrate that where the Canadian and Australian courts have recognized Indigenous rights and title they have done so by applying a culturalist framework. I argue that this culturalist framework has served to arbitrarily circumscribe the scope of Indigenous rights to a narrowly conceived bundle of “cultural” rights which privileges the sovereignty and title of the state over that of Indigenous peoples. Because of their reliance on a cultural approach to the interpretation of Aboriginal rights, common law courts have proven to be severely restricted in their capacity to recognize rights that would translate into greater freedom and equality for Indigenous peoples. In light of this, I conclude that although the law can be a powerful tool for furthering Indigenous rights, the courts cannot be the primary source of greater freedom and equality. Because of their inherently conservative nature courts often follow precedent and generally rely on norms and rules already accepted in the greater society. For this reason, although they can protect and encourage certain rights movements, the courts must radically alter their conceptual framework before significant changes and improvements can be made to Indigenous title jurisprudence.
29
Malbon, Justin Law Faculty of Law UNSW. "Indigenous rights under the Australian constitution : a reconciliation perspective". Awarded by:University of New South Wales. School of Law, 2002. http://handle.unsw.edu.au/1959.4/19044.
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This thesis examines the possibilities for building a reconciliatory jurisprudence for the protection of indigenous rights under the Australian Constitution. The thesis first examines what could be meant by the term ???reconciliation??? in a legal context and argues that it requires (1) acknowledgement of and atonement for past wrongdoing, (2) the provision of recompense, and (3) the establishment of legal and constitutional structures designed to ensure that similar wrongs are not repeated in the future. The thesis focuses on the last of these three requirements. It is further argued that developing a reconciliatory jurisprudence first requires the courts to free themselves from the dominant paradigm of strict positivism so that they are liberated to pay due regard to questions of morality. Given this framework, the thesis then sets out to examine the purpose and scope of the race power (section 51(xxvi)) of the Australian Constitution, with particular regard to the case of Kartinyeri v Commonwealth in which the High Court directly considered the power. The thesis concludes that the majority of the Court had not, for various reasons, properly considered the nature of the power. An appropriate ruling, it is argued, should find that the power does not enable Parliament to discriminate adversely against racial minorities. The thesis then proceeds to consider whether there are implied terms under the Constitution that protect fundamental rights. It is argued that these rights are indeed protected because the Constitution is based upon the rule of law. In addition constitutional provisions are to be interpreted subject to the presumption that its terms are not to be understood as undermining fundamental rights unless a constitutional provision expressly states otherwise. The thesis also considers whether there is an implied right to equality under the Constitution. The conclusion drawn is that such a right exists and that it is both procedural and substantive in nature.
30
Patapan, Haig. "The liberal politics of rights, changing constitutionalism and the Bill of Rights debate in Australia and Canada". Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/nq28034.pdf.
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McDonald, P. M., i n/a. "Right and left brain learning processes : in the context of Australian export education". University of Canberra. Education, 1993. http://erl.canberra.edu.au./public/adt-AUC20060918.132852.
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The nature of the human brain has preoccupied philosophers and scientists for centuries. As early as the
4th Century BCE, Greek philosophers speculated that the
anatomically distinct hemispheres of the brain implied
specialisation of function. It was not until the "splitbrain"
operations of the 1950s, however, that the precise
specialisation of each hemisphere could be demonstrated.
The right hemisphere apparently assumed responsibility
for spacial, holistic processes, while the left hemisphere
processed analytical, sequential tasks.
During that same decade, educational psychologists
observed two markedly different ways in which
individuals perceive and relate to the world. It was later
observed that these "cognitive styles" seemed directly
related to the bi-polar functions of the right and left
hemispheres of the brain. This implied a genetic basis
for cognitive style.
Subsequent research suggested that cognitive style is to a
considerable extent a result of the environment of
socialisation, and therefore, different cultures would
demonstrate different cognitive styles. Such cultural
differences in learning expectations might have serious
implications for both teachers and learners in the field of
export education.
The literature review in this study identified physical,
environmental, and experiential factors which appear to
influence cognitive style. This information formed the
basis of the biographical section of a questionnaire which
elicited the learning style preferences of pre-tertiary
students from Australia (native speakers), Indonesia and
Japan. The study posed the negative hypothesis: There
are no significant differences in patterns of cognitive
styles between cultures.
The results of the field study contradicted the negative
hypothesis, identifying significant differences in patterns
of cognitive styles between the three cultural groups.
32
Wuryandari, Ganewati. "Human rights in Australian foreign policy, with specific reference to East Timor and Papua". University of Western Australia. School of Social and Cultural Studies, 2006. http://theses.library.uwa.edu.au/adt-WU2007.0041.
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[Truncated abstract] This thesis focuses on human rights in Australia’s foreign policy from 1991 to 2004 taking East Timor and Papua as case studies. It encompasses the Paul Keating years (1991 to 1996) as well as John Howard’s three consecutive terms as Prime Minister (from 1996 to 2004). As a consequence of events unfolding in this period of time, the thesis does not consider Australian foreign policy towards East Timor beyond the 1999 referendum that resulted in the separation of East Timor from Indonesia and focuses on Papua until 2004. The primary empirical aim of this thesis is to compare and contrast the two administrations’ approaches and responses to human rights abuses in East Timor and Papua. Drawing upon a variety of theoretical concepts in human rights and foreign policy, this thesis shows that incorporating a concern for human rights in the foreign policy making process is problematic because the promotion of human rights often comes into conflict with other foreign policy objectives . . . The two case studies on human rights abuses in East Timor and Papua reflect the tensions between concepts of realism and idealism in Australian foreign policy. However, the situation of East Timor shows that public pressure is required to balance the disparity of national interest and human rights. The role of public pressure has been largely absent in debates on human rights and foreign policy. While this study focuses on East Timor and Papua as case studies, the discussion of the findings has far reaching implications for Australian foreign policy and international relations, especially concerning the scholarly debate over the place of human rights in foreign policy.
33
Cooney, Mary Rose. "Seasoned equity offerings in Australia : the market performance of rights issuing firms /". [St. Lucia, Qld.], 2001. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16203.pdf.
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Hughes, Ian. "Self-determination aborigines and the state in Australia /". Connect to full text, 1997. http://hdl.handle.net/2123/931.
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Thesis (Ph. D.)--University of Sydney, 1998.Title from title screen (viewed 17 Apr. 2007). Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the School of Community Health, University of Sydney. Includes bibliographical references. Also available in print form.
35
Mackinlay, Liz. "On-shore asylum seekers : an analysis of the Australian policy at end of 2001 /". [St. Lucia, Qld.], 2002. http://www.library.uq.edu.au/pdfserve.php?image=thesisabs/absthe16959.pdf.
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Moran, Anthony F. "Imagining the Australian nation settler- nationalism and Aboriginality /". Click here for electronic access to document, 1999. http://dtl.unimelb.edu.au/R/U1L2H28HB18MC24L4CL743PII8DUPUQSDYN9NGAGLBXL8YA8BU-00451?func=results-jump-full&set_entry=000013.
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Anker, Kirsten. "The unofficial law of native title indigenous rights, state recognition and legal pluralism in Australia /". Connect to full text, 2007. http://hdl.handle.net/2123/2294.
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Thesis (Ph. D.)--University of Sydney, 2007.Submitted in fulfilment of the requirements for the degree of Doctor of Philosophy to the Faculty of Law, University of Sydney. Degree awarded 2007. Includes bibliographical references. Also available in print form.
38
Banks, Catherine, i n/a. "Lost in Translation: A History of Moral Rights in Australian Law". Griffith University. Griffith Law School, 2005. http://www4.gu.edu.au:8080/adt-root/public/adt-QGU20061006.114720.
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This thesis is a history of moral rights in Australian law. It traces the historical discourse about moral rights in Australian law and demonstrates how that discourse has shaped the meaning moral rights have come to assume in their current form under the current regime contained in the Copyright Amendment (Moral Rijghts) Act 2000. This history examines the reception and later production of a moral rights discourse in Australian law, and reveals that the historical discourse about Australian moral rights was dominated by the three themes; foreignness, international obligation and economic impact. I contend these three themes fundamentally shaped moral rights as they now appear in the moral rights regime. As the history unfolds, it will become clear that the moral rights regime was organised around a specific repertoire of arguments and imaginings, and it is this discourse that informs this thesis. My argument is pursued in three stages. Section One of the thesis provides the historical detail of the moral rights trajectory in Australian jurisprudence, and reveals, within that history, the emergence of three dominant themes, which are pursued in subsequent detail. In addition to the history, this section also provides detailed discussion of the legislative provisions in order to illustrate moral rights as a product of the history, and it highlights some of the shortcomings of the regime and provides some background for the case study in Section Two. Section Two of the thesis interrogates the structure of the moral rights regime by applying the Act's provisions to the case study of indigenous creators, thus providing a contemporary example of how these rights may work in practice, as the result of the historical discourse. Thus this section sets the scene for final part of the thesis, which delves further into the historical discourse. Section Part Three follows the themes of the moral rights debate as they emerged historically. Reconceptualizing the moral rights discourse in this way helps to explain why the debates about moral rights took a particular course and produced the outcomes it did. The starting point for these discussions is a detailed examination of the themes of foreignness, international obligation and economic impact, and follows these themes as they evolved chronologically. In particular, the discussion reveals that the debates about moral rights effectively fall into two eras. The first era (1928-1988) centred around the question of whether Australia should introduce moral rights and the debates about the appropriateness of the reception. At the commencement of the second era (1988-2000) the question shifted to what form moral rights should take. This then provides a backdrop with which to understand why specific discussions about moral rights were sidelined during the years of debates leading up to the legislation; in particular, the subject and the object; which form the fulcrum of a moral rights action. This is an essential part of the history because it explains why the subject and the object came to be imagined and constructed in such a narrow and limited way and clarifies why the moral rights provisions appear manifestly ineffective, particularly for indigenous creators and their communities. This thesis contributes to legal history in three important ways. First, it provides a detailed account of a discourse about moral rights in Australian law, and in doing so challenges the long held assumptions about their reception and production. Second, it highlights the importance of history to legal discourse. Just as regulatory regimes, institutions, and rules are integral to the law, so too are the informal practices, discourses and contexts on which they were based. Third, it reminds the reader that history is a signpost, and this history of moral rights demonstrates that the way this law was derived, imagined and constructed has significance for the social, cultural and legal context in which that process takes place.
39
Kirk, Jeremy. "'Implied rights' in constitutional adjudication by the High Court of Australia since 1983". Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285533.
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Ward, Rhianne Nicole. "Southern right whale vocalisations, and the “spot” call in Australian waters: characteristics; spatial and temporal patterns; and a potential source - the southern right whale". Thesis, Curtin University, 2020. http://hdl.handle.net/20.500.11937/80625.
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Passive acoustic recordings collected in Australian temperate waters were used to provide the first summary of southern right whale (Eubalaena australis) vocalisations in Australia, and to document the characteristics, and temporal and spatial patterns of an as yet unattributed whale sound, referred to as the “spot” call, which is suggested to be produced by the southern right whale.
41
Lindvert, Jessica. "Feminism som politik : Sverige och Australien 1960-1990 /". Umeå : Boréa, 2002. http://books.google.com/books?id=ZZE_AAAAMAAJ.
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42
Saleam, James. "The Other Radicalism: an Inquiry into Contemporary Australian Extreme Right Ideology, Politics and Organisation 1975-1995". University of Sydney. Government, 2001. http://hdl.handle.net/2123/807.
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This Thesis examines the ideology, politics and organization of the Australian Extreme Right 1975-1995. Its central interpretative theme is the response of the Extreme Right to the development of the Australian State from a conservative Imperial structure into an American "anti-communist" client state, and ultimately into a liberal-internationalist machine which integrated Australia into a globalized capitalist order. The Extreme Right after 1975 differed from the various paramilitaries of the 1930's and the conservative anti-communist auxiliary organizations of the 1945-75 period. Post 1975, it lost its preoccupation with fighting the Left, and progressively grew as a challenger to liberal-internationalism. The abandonment of "White Australia" and consequent non-European immigration were the formative catalysts of a more diverse and complex Extreme Right. The Thesis uses a working definition of generic fascism as "palingenetic populist ultra-nationalism", to measure the degree of ideological and political radicalization achieved by the Extreme Right. This family of political ideas, independent of the State and mobilized beyond the limits of the former-period auxiliary conservatives, expressed itself in an array of organizational forms. The complexity of the Extreme Right can be demonstrated by using four typologies: Radical Nationalism, Neo-Nazism, Populist-Monarchism and Radical-Populism, each with specific points to make about social clienteles, geographical distribution, particular ideological heritages, and varied strategies and tactics. The Extreme Right could mobilize from different points of opportunity if political space became available. Inevitably a mutual delegitimization process between State and Extreme Right led to public inquiries and the emplacement of agencies and legislation to restrict the new radicalism. This was understandable since some Extreme Right groups employed violence or appeared to perform actions preparatory thereto. It also led to show-trials and para-State crime targeted against particular groups especially in the period 1988-91. Thereafter, Extreme Right organizations pursued strategies which led to electoral breakthroughs, both rural and urban as a style of Right-wing populist politics unfolded in the 1990's. It was in this period that the Extreme Right encouraged the co-optation by the State of the residual Left in the anti-racist fight. This seemed natural, as the Extreme Right's vocal references to popular democracy, national independence and the nativist heritage, had permitted it to occupy the Old Left's traditional ground. In that way too, it was "The Other Radicalism".
43
Davis, Megan Jane. "Aboriginal women and the right to self-determination : a capabilities approach to constitutional reform". Phd thesis, 2010. http://hdl.handle.net/1885/149951.
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Barr, Olivia McLeod. "The inherent right of aboriginal self-government in Australia". Thesis, 2004. http://hdl.handle.net/2429/15621.
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The relationship between Aboriginal peoples and the rest of contemporary Australian
society is bittersweet. While Australians have embraced some aspects of Aboriginal
culture - especially in art and sport - governments and the courts cling stubbornly to
colonial attitudes when it comes to matters of justice and civil and political rights.
The failure to recognise and give effect to Aboriginal rights has contributed to a
significant power imbalance between Aboriginal people and the wider Australian
society. This imbalance is manifest in a lack of education, employment and
healthcare options for Aboriginal people and in the overrepresentation of Aboriginal
people in the criminal justice system.
One way to address this power imbalance is to recognise and protect a greater
measure of Aboriginal self-government. However, the concept of self-government
has an extremely low profile in Australia. It is not a matter of current government
policy and the courts have only dealt with self-government as a peripheral aspect of
native title.
I consider the question of whether there is a common law right of self-government in
Australia. I look to Canadian aboriginal rights jurisprudence to inform the
development and recognition of a common law doctrine of self-government in
Australia. As soon as one looks beyond the rhetoric of legal positivism and analyses the case
law in its historical context, it becomes apparent that the inherent right of self-government
existed as part of the colonial common law imported into Australia.
Importantly, the inherent right of self-government continues to form part of Australian
common law.
The inherent right of self-government must be recognised. This is crucial, not only to
address the significant power imbalance that exists in Australia today, but also to
maintain the conceptual integrity of the Australian legal system.
45
Campbell, Alan. "The voice of the child in family law: whose right? : who's right?" 2004. http://arrow.unisa.edu.au:8081/1959.8/24966.
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This thesis explores children's perceptions of their ability to participate in decisions that directly affect them following parental separation. Taking a postmodern approach, the thesis argues that the concepts of 'the child' and 'childhood' are social constructs produced by discourses that have arisen from historical accounts of the position of children in 'adult' society. The knowledge thus produced constructs children as incomplete beings, vulnerable and unable to understand significant issues such as those associated with parental separation. Consequently, children are marginalised, 'othered' and denied the opportunity to participate in decisions that directly affect them. After reviewing the ways in which discourses operate to subjectify children in this way, the thesis explores an alternative construction of children as competent and resilient, able to participate with their adult counterparts in decision-making activities. The potential for the provisions of both the United Nations Convention on the Rights of the Child and the Australian Family Law Reform Act 1995 to reconstruct children in this way is explored. Reviews of the literature indicated that Australian children had not been included in research and discussions about their involvement in decisions that directly affected them. Consequently, this research undertook in-depth interviews of sixteen children between the ages of 7 and 17 years. Their views about their abilities to participate in decisions that directly affect them are reviewed in relation to the different discourses identified in the literature. The extent to which children?s understandings reflect these discourses is considered. The thesis argues that much is still to be achieved. A review of the findings includes an account of the difficulties experienced in recruiting children for this project and suggests that the social construction of children continues to position them as vulnerable and incompetent. It is argued that the constructs of 'competence', 'age' and 'maturity' are not useful indicators of children's abilities to make decisions; thus, a 'new' construction of children, based on greater adult understanding of their unique experiences and understandings, is suggested. In relation to decisions that affect children following parental separation, the thesis makes a number of suggestions that support an exploration of creative initiatives that reflect the children's views.PhDSocialScience
46
Sewell, Bon. ""Australia full : Asians out! White supremacists in!" : a study of the dynamics of the Australian National Action Movement in Australia". Thesis, 1995. https://vuir.vu.edu.au/32990/.
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My rationale for tackling this particular issue for my thesis work stems from the
immense fascination in the rhetoric, appearance and rationale of extremist right-wing and
ultra-nationalist pohtical organizations I have personally experienced. I desired to determine
whether an Australian national racist organization, namely Australian National Action (NA),
could in the future be a force to be reckoned with, or whether they will forever remain as an
insignificant and languishing fringe group. To explore this possibiUty, I had hoped to delve
into the dynamics of this organization via the utilisation and answering of several probing
and pivotal questions.
47
Gibson, Sally. "Creating controversy: sex education and the Christian Right in South Australia". 2010. http://hdl.handle.net/2440/60564.
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In 2003 a panic was created about the introduction of a new model of sex education in South Australia known as the Sexual Health and Relationships Education (SHARE) project. This thesis explores the particular circumstances and conditions that enabled the SHARE project to emerge as a public problem in South Australia in 2003. It does this through analyzing the similarities and differences between the campaign against SHARE and others that have taken place against sex education in Australia and the US since the 1980s in terms of the organisations involved, the strategies used and the fears/moral panics invoked and evoked. I use the controversy created against the SHARE project as a starting point, not only to produce an historical account of a particular event in sex education in Australia but also to contribute to an understanding of the power dynamics that govern sexuality locally and in a broader global context. The methodological approach used in this thesis includes an analysis of ‘local discursivities’ relating to the SHARE project and the genealogy of those discourses. Following Foucault and queer and feminist applications of his work, the thesis particularly explores how discourses relating to ‘homosexuality’ and ‘child abuse’ were deployed in the campaign against the SHARE project. The thesis then identifies alternative discourses and approaches that can strengthen sex education programs in Australia based on the lessons learnt from the campaign against the SHARE project. To assist my analysis of the controversy about the SHARE project interviews were conducted with other educators who have produced sex education resources in Australia. These revealed that while there has been some opposition to sex education in Australia over the last 20 years this has not been well organised or sustained. The campaign against the SHARE project therefore represents a unique event in the history of sex education in Australia. The thesis argues that one major contributing factor to this event is the strengthening of the relationship between conservative political parties and evangelical activist groups in Australia and their use of tactics and materials developed by Christian Right groups in the United States. The thesis analyses the implications of this religious activism within the context of current Australian politics and assesses whether the ‘family values’ discourse, which was central to the controversy created about the SHARE project, is positioned any differently as a result of the recent changes in political leadership in Australia and the United States.Thesis (Ph.D.) -- University of Adelaide, School of Social Sciences, 2010
48
Tinning, Rebecca. "One woman's nation : Pauline Hanson, femininity and right wing populism in Australia". Thesis, 2001. http://spectrum.library.concordia.ca/1397/1/MQ68521.pdf.
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In the 1990's the most powerful right-wing populist party in Australian history, One Nation Party , was formed and led by Pauline Hanson. Populist parties, like Pauline Hanson's One Nation , have traditionally been a masculine domain yet Hanson masterfully gained support for her views by deploying the powerful rhetoric of home and family. This thesis illuminates Hanson's use of traditional notions of femininity such as mother, care-giver, and teacher in her speeches and charts the way that these gendered representations shaped key policy issues on multi-culturalism, immigration, globalisation and the family. This discourse helped Hanson articulate a politics of resentment which appealed to a constituency comprised, primarily, of "white" Australian men displaced from their traditional place of social, cultural and political privilege. To gain a greater understanding of Hanson's discursive manoeuvres, an examination of letters written by women to the editors of major Australian newspapers was undertaken. This media analysis reveals how this domestic discourse was adopted by women who supported Hanson and by women who were opposed to Hanson's racially-based views. This thesis indicates how women who opposed Hanson negotiated her domestic rhetoric to counter to her policies.
49
Do, Thuy Anh Thi. "Framing asylum in Australia and Canada : discourse and resonance in contentious politics". Phd thesis, 2009. http://hdl.handle.net/1885/173567.
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Renwick, Kerry. "Health promoting schools – the right way". Thesis, 2006. https://vuir.vu.edu.au/1500/.
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The aim of this research was to determine how the New Right agenda has impacted on the perceptions about the Health Promoting School (HPS) model and its practice. The case study school – a Catholic secondary school, provided opportunity to reflect upon the daily experience of those in a HPS and how these experiences can be constructed. The methods used included running focus groups - students, teachers, administrators, parents and health agencies, and the generation of narratives and commentaries from key stake holders within the school community. This thesis draws on the work of Dewey, Bourdieu and Apple to position its critical deconstruction of one school community’s experience of activity that can be described as about HPS’s. There were four assumptions that underpinned the thesis. The first two arose from the literature that claimed the universality of the HPS model and the second two were derived from the capacity of the school to develop and evolve a setting for health promotion. The potential for this school as a HPS community to deliver on health-related social justice outcomes is yet to be achieved. The commandeering of health promotion terms and concepts by the New Right generates a metaphysical focus that delivers a view of the HPS that is in variance to the original intent.