© 2012 Shaunnagh Dorsett and Shaun McVeigh. This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law).This book provides a critical, and historically grounded, elaboration of the key themes of jurisdiction. It does so by offering students and scholars of law a form of critical engagement with the technologies, devices and forms of jurisdictional ordering. It shows how the common has authorised legal relations and bound persons, places, and events to the body of law. It offers a number of resources and engagements of jurisdiction on the basis that a jurisprudence of jurisdiction, if it is anything, engages forms of human relation.
This book takes its cue from the observation that jurisdiction - as the speech of law - articulates or proclaims law. Without jurisdiction the law would be speechless, without authority and authorisation. So too would be critics who approach the law or want to live lawfully. As a field of legal knowledge and legal practice, jurisdiction is concerned with the modes of authority and the manner of the authorisation of law. It encompasses the broadest questions of the authority and the founding of legal order as well as the minutest detail of the ordering of the business of the administration and adjudication of justice. It gives us both the point of articulation of law and the technological means of the expression of law. It gives us too, the understanding of the limits of the authority of law, as well as the resources for engaging with the plurality of laws, and the means of engaging in lawful behaviour. A critical approach to law through the forms of authority and action in law provides a means of engaging with the quality of relations created and maintained through law and a means of taking responsibility for the practices of jurisdiction (and what is done in the name of the law).
Gray, J, Edgeworth, B, Foster, N & Dorsett, SG 2012, Property Law in New South Wales, 3, LexisNexis Butterworths, Australia.
In recent years, Chinese policymakers and corporate leaders have focused significant attention on the concept of corporate culture. This book will reveal the political, social and economic factors behind the enormous current interest in corporate culture in China and provide a wide range of case studies that focus on how large corporations like Haier, Huawei and Mengniu have attempted to transform their cultures, and how they represent themselves as complying with the Chinese governments interpretation of "positive" corporate culture. Hawes demonstrates how the foreign concept of corporate culture has been re-defined in China to fit the Chinese political, social and cultural context. He examines how this re-definition of corporate culture reflects a uniquely Chinese conception of the purposes and social functions of the capitalist business corporation and how the Chinese Communist Partys active promotion of "socialist" corporate culture evidences a shift in the Partys identity towards a business-friendly champion of corporate and economic development. This work will be of great interest to students and scholars of Asian Studies, Business and Management and Chinese studies.
Australian labour law, at least from the mid-twentieth century, was dominated by the employment paradigm: the assumption that labour laws scope was the regulation of employment relationships full-time and part-time, and continuing, fixed term or casual with a single (usually corporate) entity employer. But no sooner had the employment paradigm established and consolidated its shape, it began to fall apart. Since the 1980s there has been a significant growth of patterns of work that fall outside this paradigm, driven by organisational restructuring and management techniques such as labour hire, sub-contracting and franchising. Beyond Employment analyses the way in which Australian labour law is being reframed in this shift away from the pre-eminence of the employment paradigm. Its principal concern is with the legal construction and regulation of various forms of contracting, including labour hire arrangements, complex contractual chains and modern forms like franchising, and of casual employment. It outlines the current array of work relationships in Australia, and describes and analyses the way in which those outside continuous and fixed term employment are regulated. The book seeks to answer the central question: How does law (legal rules and principles) construct these work relationships, and how does it regulate these relationships?
Prenatal and preimplantation testing technologies have offered unprecedented access to information about the genetic and congenital makeup of our prospective progeny. Future developments such as preconception testing, noninvasive prenatal testing, and more extensive preimplantation testing promise to increase that access further still. The result may be greater reproductive choice, but it also increases the burden on women and men to avail themselves of these technologies in order to avoid having a child who has a disability. The overwhelming question for legislators has been whether and, if so, how to regulate the use of these technologies in the face of compelling but seemingly contradictory claims about the advancement of reproductive choice and the dangers of eugenic or discriminatory effects. This book examines the evolution of this legislative oversight across a number of jurisdictions and explores the tensions and ambiguities that inform these laws.
This book examines the law on Deceptive Trade Practices in Australia
An introduction to real property law in New South Wales. Detailed explanation of cases is provided, enabling the reader to better appreciate the judicial reason behind property laws. New to this edition: new chapter on The Doctrine of Tenures and Estates, new chapters on Mabo and Wik, new chapters on common law and statutory Native Title.
A text book on Real Property in New South Wales suitable for both law students and also legal practitioners
Reynolds, R, Stoianoff, NP, Adrian, A & Roy, A 2012, Intellectual Property: Text and Essential Cases, 4th, The Federation Press, Sydney.
Stuhmcke, AG 2012, Australian Principles of Tort Law, 3rd, Federation Press, Sydney.
Stuhmcke, AG 2012, Legal Referencing, 4th, LexisNexis, Sydney.
The text used for most business law courses at New Zealand universities and polytechnics. Accompanied by a Study Guide also written by the authors
Anthony, T & van Rijswijk, HM 2012, 'Parental 'Consent' to Child Removal in Stolen Generations Cases' in Kirkby, D (ed), Past Law, Present Histories, The Australian National University, Canberra, pp. 193-208.
Our reading of recent Stolen Generations cases argues that courts prior to the Lampard-Trevorrow (2007) treated consent as an individual act, freely and voluntarily given by a liberal subject. Consent was seen as a legitimate factor that duly activated the powers of the legislation to bring about legal removal, according to Justice Maurice O Loughlin in Cubillo. In the previous Stolen Generations case of Williams, formal consent had barred false imprisonment and trespass on the basis that a child cannot be imprisoned if her mother consented to the removal. This chapter goes further than simply suggesting that Aboriginal consent has been misread by the courts which was clearly the situation until the case of Lampard-Trevorrow. It also proposes that consent was, and is still used in an underhanded way by the state to legitimise its actions and protect itself from liability. After all, most statutory creatures governing the Stolen Generations allowed for removal, irrespective of consent. The state, nonetheless, sought to procure consent in order to rationalise the policy, facilitate removals, and shift the responsibility for removal from the state to Aboriginal parents.
© 2012 Springer-Verlag Berlin Heidelberg. All rights are reserved. This chapter reviews different approaches to management of declining cognitive and decision-making powers of aged citizens to determine whether the most appropriate contemporary balance points have been found between philosophical values of autonomy and paternalism, the respective roles of state and civil society, respect for cultural values and pluralism, and tolerance of reasonable degrees of individual risk. Particular attention is devoted to the implications of preferences for supported decisionmaking rather than substitute decisionmaking, as expressed in recent international conventions. It argues that the civil citizenship goal of maximal social participation by aged citizens retains its appeal, resonating with contemporary 'capability' theories of justice. However countries must remain mindful of the need to craft laws, institutions and programs in light both of domestic cultural values and evidence-based assessments of competing legal or other policy instruments.
Carney, T & Bennett, B 2012, 'Governance, rights and pandemics: Science, public health or individual rights?' in Ethics and Security Aspects of Infectious Disease Control: Interdisciplinary Perspectives, pp. 201-217.
Crofts, P, Haesler, A & Miles, A 2012, 'Criminal Law' in Cody, A, Ross, N & Waldon, S (eds), The Law Handbook, Thomson Reuters, Pyrmont, pp. 441-459.
Dorsett, SG 2012, ''Destitute of the Knowledge of God': Maori Testimony before the New Zealand Courts in the Early Crown Colony Period' in Diane Kirkby (ed), Past Law, Present Histories, The Australian National University, Canberra, pp. 39-57.
was to allow colonial legislatures to pass acts or ordinances to allow their indigenous inhabitants to give unsworn testimony before the courts. Unsworn testimony was testimony given by those who were not able to take the oath. At common law the rule was that evidence could only be given on oath, rendering those devoid of religious belief incompetent to testify. In British colonies, therefore, this rule resulted in most of the indigenous inhabitants being unable to give evidence before English courts. This was particularly problematic in the Australian colonies. The imperial Act of 1843 was the outcome of various ine"ectual attempts to allow for such evidence by way of local act or ordinance, particularly in New South Wales and, more latterly, Western Australia. While some attention has been paid to the politics and processes of law reform concerning unsworn testimony in empire, and the ways in which such reforms formed part of broader disputes about the shape of colonial governments,2 these discussions have almost entirely revolved around the Australian colonies.3 New Zealand has received comparatively little attention.
Holland, G 2012, 'Judicial Instruction: Do Jurors Obey Directions to Disregard Prejudicial Publicity' in Keyzer, P, Johnston, J & Pearson, M (eds), The Courts and the Media: Challenges in the era of digital and social media, Halstead Press, Australia, pp. 86-100.
Kirkby, D 2012, 'Introduction: Interdisciplinarity in the Study of Law's History', AUSTRALIAN NATL UNIV, pp. 1-+.
Kirkby, D 2012, ''The sailor is a human being': Labour Market Regulation and the Australian Navigation Act 1912', AUSTRALIAN NATL UNIV, pp. 177-192.
Lee, K 2012, 'United States' in Grant, A & Howarth, D (eds), Australian Telecommunications Regulation, CCH, pp. 407-457.
Lee, K & Prime, J 2012, 'US Telecommunications Law' in Walden, I (ed), Telecommunications Law and Regulation, Oxford University Press, Oxford, pp. 187-274.
Li, G 2012, 'Telecommunications Industry Self-regulation: Assessing the Telecommunications Industry Ombudsman (TIO) Scheme in Australia' in Sylvia Kierkegaard (ed), Law, Governance and World Order, International Association of IT Lawyers, Denmark, pp. 109-121.
In Australia, The Telecommunications Industry Ombudsman ("TIO") is a private corporation enacted by parliament as the sole alternate dispute resolution mediator between carriage service providers ("CSPs") and consumers. The TIO is designed as an office of last resort, which relies on attracting, receiving, investigating and escalating complaints as its source of funding. Currently, the Telecommunications Act requires all CSPs in Australia to become members of the TIO scheme.A research project was undertaken to study the effectiveness of the TIO scheme in 2010 - 2011. It was a multi-phased project including literary research to identify problems and form research tasks, a large-scale survey to gain an insight into the policy and practice of the TIO from the perspective of CSPs; and an in-depth analysis of TIO cases to verify the research results. The TIO was invited at the commencement and on subsequent occasions to participate in this project but declined without providing specific reasons. The project results demonstrated universal and significant dissatisfaction with many material aspects of the TIO scheme. Further, the analysis of TIO key performance metrics uncovered patterns that provide some evidence of the issues raised by CSPs in their responses. A comprehensive legal analysis of the unique position of the TIO considered the sources of power the TIO relies upon and offers some insight into perhaps why the scheme operates in the manner it does.In conclusion, a set of recommendations is made to reform the scheme to provide fair, just and economical outcomes for CSPs and consumers.
Libesman, T 2012, 'International Human Rights Law and the Needs of Indigenous Children' in Sheehan, R, Rhoades, H & Stanley, N (eds), Vulnerable children and the law, Jessica Kingsley Publishers, London and Philadelphia, pp. 181-198.
This chapter explores some of the ways in which international human rights law offers a framework within which Indigenous children and young people's welfare can be addressed. It considers how the re-characterisation of international law, from universal and transcendental to pluralising and inclusive, has been theoretically and practically relevant to Indigenous children and young people's rights. It focuses on Indigenous peoples' engagement with the United Nations in the context of evolving understandings of principles of selfdetermination as they relate to Indigenous children and young people. It explores these issues through two Australian-based case studies: the implementation of the Aboriginal and Torres Strait Islander Child Placement Principle (ATSICPP), with particular reference to the State of Victoria, and the Northern Territory Emergency Response (NTER) in the Northern Territory.
Opeskin, B & Shearer, I 2012, 'Nationality and Statelessness' in Opeskin, B, Perruchoud, R & Redpath-Cross, J (eds), Foundations of International Migration Law, Cambridge University Press, Cambridge, pp. 93-122.
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Nationality is essentially an institution of domestic law, but it has consequences in international law. Under domestic law, a national owes a duty of allegiance to the State, and may be obliged to pay taxes and render military service to that State. A national has the right of permanent residence and the right to participate in public life and, in most States, enjoys social benefits available only to nationals. Under the laws of some States, criminal jurisdiction may be exercised over a national even in respect of crimes committed abroad. Nationality is a key concept in international migration law. The ability of individuals to change their residence to another State, or even to travel abroad temporarily for business or pleasure, is constrained by questions of nationality. Nationality is also important in international law generally. Until the emergence of human rights law in the era of the United Nations, how a State treated its own nationals was regarded as a matter of exclusive domestic jurisdiction and not subject to international law. However, States did have international obligations towards foreign nationals in their territory, and a foreign State could defend the interests of its nationals if they were breached by the host State. Thus, the rights of individuals were mediated through the bond of nationality. The foreign State could act on behalf of its nationals by exercising the right of ‘diplomatic protection’, since an injury to a national was regarded as an injury also to the State of which he or she is a national.
Rising sea levels, more frequent extreme weather events, and long- and short-term saltwater intrusion are among the conditions associated with a changing climate that are predicted to increasingly affect coastal states. Changes to coastal geography, predominantly the loss of land due to accelerated and more extensive erosion and inundation, as well as loss of habitability, are anticipated. 1 Low-lying island nations, particularly those composed of or including atolls2 in the Pacific and Indian oceans, and states with deltaic coasts,3 are most vulnerable to these effects.4 Yet even geographically resilient coastal states with a strong adaptive capacity are expected to experience some change where land meets higher and wilder seas.5 Many coastal states extend their rights to maritime space by claiming the full complement of maritime zones for both the mainland and islands-a territorial sea, contiguous zone, exclusive economic zone (EEZ), and continental shelf (see figure 1 ).6 A low-tide elevation can generate its own territorial sea up to a maximum breadth of 12 nautical miles if situated within the territorial sea of the mainland or an island .7 The maritime baseline from which the outer limits of all four maritime zones are measuredN may trace the low-water line along the coast,9 a fringing reef, 111 or an atoll. 11 Straight baselines can be used to connect the outermost points of a deeply indented coast or island fringe. "Where lighthouses or similar installations which are permanently above sea level have been built on them or ... the drawing of baselines to and from such elevations has received general international recognition," low-tide elevations may also be used as basepoints. 12 An archipelagic stateu is entitled to draw straight archipelagic baselines between "the outermost points of the outermost islands and drying reefs of the archipelago, provided that within such baselines are included the main islands and an area in which the ratio of the area of t...
Redmond, PM 2012, 'International Corporate Responsibility' in Clarke, T & Branson, D (eds), The SAGE Handbook of Corporate Governance, SAGE Publications Ltd, London, UK; Thousand Oaks, CA, pp. 585-611.
Riley, J 2012, 'A blurred boundary between entrepreneurship and servitude: Regulating business format franchising in Australia' in Fudge, J, McCrystal, S & Sankaran, K (eds), Challenging the Legal Boundaries of Work Regulation, Hart Pub Limited, pp. 101-119.
Focusing on paid work that blurs traditional legal boundaries and the challenge this poses to traditional forms of labor regulation, this collection of original case studies illustrates the wide range of different forms of regulation ...
Stoianoff, NP & Blazey, P 2012, 'Intellectual Property Laws and Governance' in Blazey, P & Chan, KW (eds), Commercial Law of the People's Republic of China, LAWBOOK CO., Sydney, pp. 167-180.
Commercial law plays a large part in China's transition to its status as a major trading nation. This book contains chapters that focus on areas of the law pertinent to China's continuing economic development. It provides an analysis of the Five Year Plans and their effect on the development of and changes in commercial law. China is focused on developing its internal market and Commercial Law of the People's Republic of China provides an examination of a number of highly relevant topics, such as Company Law, Labour Law, Property Law, Intellectual Property Law, Consumer Law, Energy Law and Renewable Energy Law. Chapters on Tax Law, Competition Law and Policy, and Commercial Arbitration Law written by experts in their field provide an up-to-date and in-depth coverage of other important commercial law subjects. This book acknowledges that China's rapid development is affected by policy changes on issues such as urbanisation, the structure of the industrial sector and the environment. These changes and their effect on the national economy and the legal system are discussed in the book.
Tian, G 2012, 'IP Protection vs IP Abuses: The Recent Development of Chinese IP Abuse Rules & Recommendations for Foreign Technology-driven Companies (Invited re-publication)' in Kierkegaard, S & Grosheide, W (eds), Copyright Law in the Making - Chinese and European Perspectives, International Association of IT Lawyers, Denmark, pp. 143-168.
Vrdoljak, A 2012, 'Human Rights and Illicit Trade in Cultural Objects' in Borellli, S & Lenzerini, F (eds), Cultural Heritage, Cultural Rights, Cultural Diversity: New Developments in International Law, Martinus Nijhoff Publishers, Leiden, pp. 107-140.
Movable cultural heritage is not bounded nor shielded by national territorial borders. Applicable domestic laws are of limited import without the cooperation of other states and the international community. Despite a century of domestic legal protection of movable cultural heritage in many States, widespread non-compliance and lack of enforcement has been the norm rather than the exception.
Tort Law subjects are well-known for their novel cases; snails in bottles,2 ricocheting firecrackers3 and hundreds of thousands of dollars found in a household cupboard.4 These negligence and trespass cases push the boundaries of precedent, and are critical for understanding the opportunities that tort law provides. However, tort law is constantly opening up new avenues, including breach of statutory duty5 and misfeasance in public office. Stolen Generations litigation pushes some of these doctrinal boundaries. It signifies the potential for tort law to provide remedies for historical wrongs by the state. Stolen Generations cases also reveal how tort law provides not only compensation for physical and psychological harm but also for cultural loss. They reveal the unique loss that Indigenous people suffer at the hands of paternalist policy.
Anthony, T 2012, 'Introduction: Putting the 'Black' in Black Letter Law Subjects', Ngiya: Talk the Law, vol. 4, pp. 1-4.
This article considers the shift away from the Fernando principles that provided mitigation for Indigenous offenders in disadvantaged contexts. It evaluates the weaknesses of a judicial recognition model for social justice and considers alternative sentencing regimes that empower Indigenous communities.
The case of South Australia v Lampard-Trevorrow opens up key questions about the capacity and willingness of the common law to adjudicate past acts of the state. This article considers the significance of the appeal decision by examining what distinguishes the case from past, unsuccessful claims and considers its implications for future claimants from the Stolen Generations. In addition, we consider what the case means in terms of the law's acceptance of a practice of historical and evidential interpretation that is different from previous cases, and how this is particularly important regarding the issue of parental consent. We argue that the role and interpretation of consent have broad ramifications for law's potential to adjudicate responsibility for historical harms. We also argue that the findings in relation to false imprisonment and fiduciary duty limit the potential of the Trevorrow cases. In particular, we examine, and lament, the Full Court's more limited reading of false imprisonment in contrast to the trial judgment.
A long-held and fundamental principle of our criminal justice system is that people accused of crimes have a right to silence, arising from the presumption of innocence. Rules of evidence try to protect this `right during trial, by ensuring that juries understand that adverse inferences cannot be drawn from the silence of the accused. Silence, in court, can mean nothing, and we are not to speculate about what might motivate an accused person to remain silent, or what they might have said had they spoken. However, an examination of the jurisprudence in this area shows that the law is often not dealing with actual silence; sometimes when the law refers to the `right to silence, it seems to mean a `refusal to hear. In other instances, there is actual silence, and yet the law refuses to subject that silence to any critical interpretation, insisting that we cannot infer anything from it. While we have learned, from theatre, music, linguistics, religion and psychology, to develop sophisticated means for interpreting silence, the law demands that we set aside these interpretive tools, hearing silence that isnt there, and inferring nothing about something.
Booth, T 2012, ''Cooling out' victims of crime: Managing victim participation in the sentencing process in a superior sentencing court', The Australian and New Zealand Journal of Criminology, vol. 45, no. 2, pp. 214-230.
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Victim participation in the sentencing hearing by way of oral victim impact statements (VISs) is a contentious aspect of contemporary criminal justice. A particular concern is that the disjuncture between the legal goals of the sentencing hearing on the one hand and the goals of victims on the other can generate tension and conflict in the courtroom and threaten the integrity of the process. The subject of this article is the management and containment of victim participation in 18 sentencing hearings observed in the NSW Supreme Court. It is argued that various cooling out structures and processes effectively managed and contained the emotional tension in the courtroom as well as assisted victims to adjust to the legal constraints and the compromise inherent in their position in the process.
Bowley, RN 2012, '‘ASX consults on proposed changes to continuous disclosure guidance’', Butterworths Corporation Law Bulletin, vol. 2012, no. 22, pp. 6-10.
Bowley, RN 2012, ''ASIC review of the custodial and depositary services sector'', Butterworths Corporation Law Bulletin, vol. 2012, no. No. 15, pp. 6-9.
Byrnes, A & Goldblatt, BA 2012, 'Justice for All? Ten Years of the International Criminal Court', Australian Journal of Human Rights, vol. 18, no. 2, pp. 69-74.
Carney, T 2012, 'Australian mental health tribunals-'Space' for rights, protection, treatment and governance?', INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY, vol. 35, no. 1, pp. 1-10.
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The role of law in managing public health challenges such as influenza pandemics poses special challenges. This article reviews Australian plans in the context of the H1N1 09 experience to assess whether risk management was facilitated or inhibited by the "number" of levels or phases of management, the degree of prescriptive detail for particular phases, the number of plans, the clarity of the relationship between them, and the role of the media. Despite differences in the content and form of the plans at the time of the H1N1 09 emerging pandemic, the article argues that in practice, the plans proved to be responsive and robust bases for managing pandemic risks. It is suggested that this was because the plans proved to be frameworks for coordination rather than prescriptive straitjackets, to be only one component of the regulatory response, and to offer the varied tool box of possible responses, as called for by the theory of responsive regulation. Consistent with the principle of subsidiarity, it is argued that the plans did not inhibit localised responses such as selective school closures or rapid responses to selected populations such as cruise ship passengers.
Carter, DJ 2012, 'Legal Needs Survey', Alternative Law Journal, vol. 37, no. 4, pp. 285-285.
Carter, DJ 2012, 'Police Powers Requiring Removal of Face Coverings', Alternative Law Journal, vol. 37, no. 3, pp. 206-206.
In this article Philip Chung, Andrew Mowbray, and Graham Greenleaf, the Co-Directors of the Australasian Legal Information Institute (AustLII), explain the need for an open source search engine which can search simultaneously over legal materials in European languages and also in Asian languages, particularly those that require a `double byte representation, and the difficulties this task presents. A solution is proposed; the `u16a modifications to AustLIIs open source search engine (Sino) which is used by many legal information institutes. Two implementations of the Sino u16A approach, on the Hong Kong Legal Information Institute (HKLII), for English and Chinese, and on the Asian Legal Information Institute (AsianLII), for multiple Asian languages, are described. The implementations have been successful, though many challenges (discussed briefly) remain before this approach will provide a full multi-lingual search facility.
Crawley, K & van Rijswijk, HM 2012, 'Justice in the Gutter: Representing Everyday Trauma in the Graphic Novels of Art Spiegelman', Law.Text.Culture, vol. 16, no. Summer, pp. 93-118.
Trauma studies has had a long relationship with legal studies. Shoshana Felman argues that 'trauma - individual as well as social - is the basic underlying reality of the law' (2002: 172). The law has made available certain forms for the representation and adjudication of traumatic experience. Among others, testimony and the trial are legal forms that offer the potential for justice for traumatic events, at the same time that they delimit the ways in which trauma can be understood (Felman 2002; Sarat et al 2007). The means by which trauma is represented determines which experiences are privileged and recognized - which also means that some harms will become invisible under certain frameworks. Scholars working at the intersection of law and trauma have often turned to literature to supplement the law's version of justice.
In February 2000, Katherine Mary Knight killed, then skinned, decapitated and cooked her lover in rural Australia. Knight pleaded guilty to murder and received a life sentence, against which she unsuccessfully appealed in Knight v R  NSWCCA 292. I consider the way in which the majority judgments organised and expressed Knight's culpability in accordance with a model of monstrous wickedness, arguing that models of wickedness articulated and applied in criminal law should be evaluated critically. The judgment of the court constructed and responded to Knight as bad, a monster who is (and will always be) dangerous (especially to men) and ultimately irredeemable. Not only do monsters justify and require extreme measures, they also contaminate and undermine systems of orders - the judgments of Knight thus read more consistently with the genre of horror than that of law. The model of monstrous wickedness ostensibly works particularly well for women who kill, as it preserves the law's tendency to organise women as lacking agency. However, this model also generates a clash of binaries when applied to women. The monster/victim binary ascribes agency to the monster, generating difficulties for the law to reconcile the notion of a female monster with legal assumptions of the absence of female agency. This results in the problem of the female monster. The judicial creation of a horror movie monster that lacks basic humanity facilitates an abdication of the legal (and moral) task of judging a human being as human.
The New South Wales Coalition government is proposing to introduce a licensing system for brothels in accordance with pre-election commitments. This article argues that there is no evidence that brothels are criminogenic or inherently corrupting, nor any evidence that a Brothel Licensing Authority would effectively reduce and/or prevent crime and corruption. It considers the current New South Wales planning-based model and compares this with the Queensland and Victorian licensing models. There are other regulatory concerns associated with the sex industry, such as amenity impacts and health and safety concerns; it is argued here that these are regulated effectively under the current planning regime. A licensing authority is unlikely to improve the regulation of brothels in New South Wales in terms of illegality, amenity, and health and safety,
Crofts, P & Prior, JH 2012, 'Home Occupation or Brothel? Selling Sex from Home in New South Wales', Urban Policy and Research, vol. 30, no. 2, pp. 127-143.
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This article engages with the question of whether or not sex work in the home should be regulated in the same way as large commercial brothels or as home occupations. Underlying concerns about sex services premises generally are that they are criminogenic, disorderly and exploitative of women. This article draws upon original research of surveys of people living in the vicinity of sex services premises, interviews with sex workers and service providers, and council records of complaint to argue that, on the contrary, home occupations (sex services) can operate lawfully with minimal amenity impacts, and that this type of business can provide a positive work environment. We recommend that sex work in the home in New South Wales should be regulated in the same way as other home occupations.
This article explores two questions through original primary research. First, can brothels be âgood neighboursâ in planning terms? That is, what kind of amenity impacts, if any, do sex services premises have upon the people living nearby? Second, do the different approaches adopted by two councils in New South Wales, Australia, matter in terms of amenity impacts, but also in attitudes to sex services premises? It is argued that brothels appear to generate minimal or neutral amenity impacts regardless of the regulatory approach adopted by council. However, the legal approach adopted by the different councils has contributed to the organisation and expression of the moral attitudes of local residents to sex services premises.
Crofts, P & van Rijswijk, HM 2012, '"What Kept You So Long?": Bullying's Gray Zone and The Vampire's Transgressive Justice in Let the Right One In', Law, Culture and the Humanities, vol. 11, no. 2, pp. 248-269.
School bullying has been recognized only relatively recently by policy-makers, media and the courts as a serious and widespread social problem. But despite this recent notice, there has been no evidence that techniques adopted to stop bullying have led to anything more than modest success, implying that we need to do more work to unpack and theorize the nature of bullying. In this article, we consider a recent vampire narrative as a story about bullying. We offer an interpretation of this story via the theories of Claudia Card and Jacques Derrida, arguing that together this archive provides a more nuanced understanding of the kinds of damage inflicted by bullying than has been provided by realist or sociological accounts. In particular, it illuminates damage to the morality of the victim, to their soul, which is a kind of damage that has previously not been given great attention. It also highlights the ways in which practices of judgment can become very tangled when trying to resolve bullying situations, making these experiences resistant to the achievement of justice.
Crofts, P, Maher, J, Pickering, S & Prior, JH 2012, 'Ambivalent Regulation: The Sexual Services Industries in NSW and Victoria - Sex Work as Work, or as Special Category?', Current Issues in Criminal Justice, vol. 23, no. 3, pp. 393-412.
Despite continuing contests in Australian states over the validity of sex work as work, Victoria and New South Wales (NSW) have been part of a global trend for states to decriminalise and/or legalise the sex industry. This article argues that although Victoria and NSW are united by their ambivalence toward the legal validity of sex work as work for women, this ambivalence is expressed and organised in different ways in each state, with consequent differences in regulatory schemas, practices of enforcement and outcomes for workers and communities. In particular, this article focuses on the regulation of sex services premises as a key indicator of how the sex industry is regarded and embedded within broader business, social and regulatory contexts. The article examines some specific regulations that affect women's status as sex workers in each state. It concludes by arguing that the failure to fully recognise sex work as work impacts most sharply on the safety and inclusion of workers: those whom the legislative schemas of both states purportedly seek to protect
Dehm, S 2012, 'Sovereignty, Protection and the Limits to Regional Refugee Status Determination Arrangements', Merkourios : Utrecht Journal of International and European Law, vol. 28, pp. 53-60.
This case note explores the recent Australian High Court decision of Plaintiff M70/2011 v Minister for Immigration and Citizenship, which declared a proposed regional refugee status determination arrangement between Australia and Malaysia to be unlawful under Australian law. While the decision was determined by the specific statutory construction of Australian's migration legislation, it nonetheless draws attention to the legal character of what constitutes 'protection' under international refugee law and suggests the necessary legal and factual conditions that must exist in a 'third country' in order for any transfer of refugee processing and recognition procedures to be seen to satisfy Convention obligations. It thus represents a significant judicial challenge to the contemporary trend pursued by wealthy industrialised nations in the Global North towards erecting barriers for accessing domestic asylum regimes and adopting policies that in effect outsource and extraterritorialise asylum processing under the guise of 'burden sharing' or regional 'harmonisation'. This case note reads the decision as a particular re-articulation of sovereign authority, borders, belonging and place-making.
Dorsett, SG & McVeigh, S 2012, 'Conduct of Laws: Native Title, Responsibility, and Some Limits of Jurisdictional Thinking', Melbourne University Law Review, vol. 36, no. 2, pp. 470-493.
[It is now twenty years since the High Court of Australia designated `native title as the site of engagement of Australian common law and jurisprudence with Indigenous law and jurisprudence in Mabo v Queensland [No 2]. Common law jurisprudence, however, continues to struggle to create the appropriate form and conduct of the relations between itself and Indigenous laws and jurisprudence. It struggles, in short, to create an appropriate meeting place of laws. In light of recent attempts to amend the Native Title Act 1993 (Cth), it is timely, then, to return to the irst question that is addressed in the meeting of laws in Australia, that of the authorisation of laws and the quality and conduct of the meeting place. Here the meeting of Australian common law and Indigenous law in Australia is tracked in terms of a brief history of common law jurisdictional practice, the jurisprudence of the conduct of lawful relations in and through s 223 of the Native Title Act, and oicial forms of responsibility for lawful relations
Esteban, M & Leary, DK 2012, 'Current developments and future prospects of offshore wind and ocean energy', Applied Energy, vol. 90, no. 1, pp. 128-136.
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The year 2008 saw the emergence of the first generation of commercial ocean energy devices, with the first units being installed in the UK and Portugal. This means that there are currently four ways of obtaining energy from sea areas, namely from wind, tides, waves and thermal differences between deep and shallow sea water. This paper focuses on current developments in offshore wind and ocean energy, highlighting the efforts currently underway in a variety of countries, principally some of the projects typically less talked about such as those in the Asian-Pacific countries. Finally, the growth potential of these industries will be assessed, using as a basis the historical trends in the offshore wind industry and extrapolating it to compute future growth potentials. Using this as a basis, the percentage of the worlds electricity that could be produced from ocean based devices is estimated to be around 7% by 2050, and this would employ a significant amount of people by this time, possibly around 1 million, mostly in the maintenance of existing installations. The paper will also evaluate the likely cost of production per kW of ocean energy technologies using a variety of learning factors
Rights defence lawyers in contemporary China have attracted tremendous attention. Their supporters take them as a leading force for social and political change toward justice, the rule of law and democracy, whereas the hardliners of the ruling Chinese Communist Party regard them as a dangerous hostile force of political dissent. In this article, we will trace the resumption and development of the legal profession in China since the 1980s after its forced disappearance for three decades. Then we will explore the emergence of a group of rights defence lawyers in the context of recent economic, social and political changes. The article will end with a discussion about the potential role of rights defence lawyers in Chinas social and political transformation.
Gould, KC 2012, 'Hyperlinking and Defamatory Publication: A Question of "Trying to Fit a Square Archaic Peg into the Hexagonal Hole of Modernity"?', Australian Bar Review, vol. 36, no. 2, pp. 137-170.
The internet poses a major challenge to legal regulation.Should `old law be applied to the `new technology or is internet technology so special that it warrants modifying the `old law, or even abandoning it in favour of a new regulatory regime? Last year the Canadian Supreme Court departed from tradition and declined to apply the traditional bilateral publication rule to determine whether hyperlinking to defamatory material constitutes publication of that material for the purposes of the law of civil defamation. This article examines this landmark decision and its three new approaches to the question of hyperlinking and defamatory publication. It also considers whether, and if so to what extent, Australian courts would be prepared to follow the Canadian lead on this important question. The internet is integral to modern-day communication and hyperlinks are integral to communication across the internet. The Canadian decision sparks new conversations about defamation on the internet and internet regulation generally.
Grossi, R 2012, 'The meaning of love in the debate for legal recognition of same-sex marriage in Australia', International Journal of Law in Context, vol. 8, no. 4, pp. 487-505.
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Love is ever-present in the debate for the legal recognition of same-sex marriage. Its importance, however, is often underestimated. I will show in this article that much can be gained by viewing this issue through the analytical lens of romantic love. This analysis will show that romantic love is a contested idea. On the one hand it claims to embody a radical and permissive ideology that is capable of penetrating established social and cultural divides. On the other hand, however, love has been accused of replicating patriarchy, and of being ideologically heteronormative. As such, love is not necessarily the answer needed to win the legal argument for same-sex marriage – not unless we begin a process of redefining love for our times. They say that the world was built for two Only worth living if somebody is loving you. © 2012, Cambridge University Press. All rights reserved.
Hobbs, H 2012, 'International Justice: Foreign correspondent', Alternative Law Journal, vol. 37, pp. 122-123.
Hobbs, H 2012, 'The Dispute Resolution Act 2011 (Cth) and the Meaning of’Genuine Steps’: Formalising the Common Law Requirement of’Good Faith’', Australasian Dispute Resolution Journal, vol. 23, no. 4, pp. 249-252.
Prior to initiating litigation, parties should negotiate in order to limit the issues in dispute and avoid a costly court process. But what does it mean to negotiate? Historically the common law conditioned negotiation at a good faith standard – requiring parties to turn their minds to the issues in dispute and enter the process honestly and willingly. However, this standard proved difficult to grasp and many jurisdictions have since enacted legislation designed to formalise the process. This article examines the latest enactment – the Commonwealth formulation, which requires parties to “take genuine steps to resolve disputes” and compares it to both the New South Wales formulation, which requires parties “to take reasonable steps” and the common law good faith standard. This analysis will demonstrate that the concept of genuine steps formalises the common law approach, and as opposed to reasonable steps, more accurately achieves the object and purposes of alternative dispute resolution processes.
Hohmann, J 2012, '‘Events: The Force of International Law by Fleur Johns, Richard Joyce & Sundhya Pahuja (eds)’', British Yearbook of International Law, vol. 82, no. 1.
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Juriansz, J & Opeskin, B 2012, 'Electoral Redistribution in Australia: Accommodating 150 Years of Demographic Change', Australian Journal of Politics and History, vol. 58, no. 4, pp. 557-579.
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Electoral redistribution (redistricting) is a process that has the potential to advance the principle of “one vote, one value” in the face of dynamic human populations. Using the Australian federal electoral system as a case study, this article examines the impact of changes in the size, composition and spatial distribution of the population on electoral boundary delimitation over the past 110 years, and analyses the likely impact of future population change over the next forty years. The article concludes that the Australian electoral system has moved progressively towards greater equality of voting power encapsulated by the “one vote, one value” principle. However, the capacity to achieve even greater equality through electoral redistribution is constrained by constitutional and pragmatic considerations.
Over the last two decades, biotechnological innovation in the field of assisted reproductive technology (ART) has significantly altered the regulatory landscape in Australia. Laws controlling the development and use of embryos created outside the female body concern how embryos may be 'made',' who may make them,^ for what purpose,' how long they may be stored,"* the manner of their disposal and destruction,^ and the genetic conditions for which they may be tested
Lambert, H 2012, '‘Safe third country’ in the European Union: An evolving norm in international law and implications for the UK', Tolleys Journal of Immigration Asylum and Nationality Law, vol. 26, no. 4, pp. 318-336.
Leary, DK 2012, 'Australian Water Law, by Kate Stoeckel et al', Law Society Journal, vol. 50, no. 3, pp. 82-82.
Leary, DK 2012, 'Moving the Marine Genetic Resources Debate Foward: Some Reflections', The International Journal of Marine and Coastal Law, vol. 27, pp. 435-448.
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This paper offers some brief reflections on issues surrounding the ongoing debate in relation to the legal status of marine genetic resources in areas beyond national jurisdiction. It considers one possible solution to the ideological divide over the relevance of the common heritage of mankind to marine genetic resources, modelled on Article IV of the Antarctic Treaty. The suitability of the International Treaty on Plant Genetic Resources for Food and Agriculture as a possible model is also considered. The fact that this later model is now being canvassed by some States marks a major step forward in international discussions on the issue. Other possible models that have been canvassed in the academic literature are also considered. The fact that these alternatives have not been canvassed at length in diplomatic discussions to date highlights the fact that a detailed examination of the wide range of possible options is urgently needed.
Lee, K 2012, 'Telstra’s Structural Separation Undertaking: A Third Best Solution?', Australian Journal of Competition and Consumer Law, vol. 20, pp. 45-52.
Lenta, P 2012, 'Corporal punishment of children', Social theory and practice, vol. 38, pp. 689-716.
Lenta, P 2012, 'Is There a Right to Religious Exemptions', S. African LJ, vol. 129, pp. 303-303.
Lenta, P 2012, 'The right of religious associations to discriminate', South African Journal on Human Rights, vol. 28, pp. 231-257.
Li, G 2012, 'The return of public investment in telecommunications: Assessing the early challenges of the national broadband network policy in Australia', Computer Law & Security Report, vol. 28, no. 2, pp. 220-230.
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Against a current trend of investing in the next generation networks (NGNs) by using public funds, the Australian government has initiated a so-called National Broadband Network (NBN) project to invest up to AUD$36 billion tax payers money on building a national wide fibre broadband network aiming to cover 93 per cent Australian by 2020. As being the most costly infrastructure-building project in Australian history, the NBN project promises to deliver super-fast broadband services, create jobs and promote the countrys economy at large. This article will critically analyse the NBN project in Australia and highlight the challenges that are coming alone at this early stage of the deployment, so the Australias experience of pubic investment in broadband networks can be shared and lessons can be learnt.
Low, S & Carney, T 2012, 'Inter-Governmental Policy Implementation: State Inducements to Encourage Implementation at the Local Level', International Journal of Public Administration, vol. 35, no. 3, pp. 177-193.
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This article investigates how State departments can best equip Local government to implement State environmental protection legislation effectively. Research on joint implementation by the then New South Wales Environment Protection Authority and NSW Local government authorities is reviewed to explore inducements and constraints on intergovernmental policy implementation, including the multi-jurisdictional nature of policy. © 2012 Taylor and Francis Group, LLC.
Review of Aboriginal Child Welfare, Self-government and the Rights of Indigenous Children: Protecting the Vulnerable Under International Law by Sonia Harris-Short (Ashgate, Farnham, 2012)
The Australian Law Reform Commission (ALRC) has been asked by the Attorney-General to inquire into and report on current and further desirable uses of copyright material in the context of the digital economy. In this paper the focus is on the scope of the terms of reference of the ALRC and the importance of copyright in a modern digitally orientated world. The paper also analyses other important initiatives and reports in this area, focusing on the changing `political economy and cultural impact on copyright issues and, in particular the challenges for copyright law
This article interrogates the role of discourse and narrative in shaping the recent wave of reforms to surrogacy law and policy around Australia. In particular I examine two sites of dialogue, parliamentary debate and media representations, where surrogacy has been dramatically reframed in order to justify a new era of regulation. I argue that the themes that have emerged through these recent reform dialogues contribute to the reshaping of contemporary understandings of surrogacy and of non-traditional family formation more broadly.
Millbank, J 2012, 'The Right of Lesbians and Gay Men to Live Freely, Openly and on Equal Terms is Not Bad Law: A Reply to Hathaway and Pobjoy', New York University Journal of International Law and Politics, vol. 44, no. 2, pp. 497-527.
I address Hathaway and Pobjoys critique in this special issue of the decisions of the High Court of Australia and Supreme Court of the United Kingdom, respectively, in s395 and HJ and HT . These cases represent the two highest level judicial determinations in the world to address gay refugee claims to date. While neither decision is beyond criticism, the cases both separately and together advance the development of refugee jurisprudence on sexuality in major ways. These decisions emphatically reject discretion reasoning, affirm that the experience of sexual orientation extends beyond mere private sexual conduct, and articulate the importance of equalityâ- âboth as between gay and straight people in the country of origin and between sexuality claims and other categories of claimants in the receiving country -â in applying the protections of refugee law. I examine the harm of discretion reasoning, and critique Hathaway and Pobjoyâs claims as resting upon a misleading and unsustainable act/identity distinction (comprising equally unsustainable binaries of integral/peripheral and necessary/voluntary acts). Next, I demonstrate through analysis of previous jurisprudential developments in the UK that Hathaway and Pobjoyâs proposed test of limiting protection only to activities ââ'reasonably required'â to express sexual orientation is highly susceptible to misapplication in practice.
Munton, J 2012, 'SIBLINGS BUT NOT TWINS: MAKING SENSEOF ‘MUTUAL TRUST’ AND ‘GOOD FAITH’ INEMPLOYMENT CONTRACTS', Melbourne University Law Review, vol. 36:521.
A brain-based subject of law is emerging, in which neurological processes become a primary means of defining individual choice, behaviour, capacity and responsibility. This paper considers the impact of such a shift in legal subjectivity on feminist engagement with law. A reductionist take on the brain works to entrench narrow readings of law and discourage feminist reforms. However, emerging neurotechnologies such as brain scanning and neuropharmacology also have disruptive qualities that might be harnessed in the interests of feminist legal inventions and interventions. This paper looks to the disruptive aspects of neurotechnologies to argue for an alternative brain-based subjectivity in law, one that sees the brain as 'open': an organ that connects us to others, that is embedded in relationships and situated in a particular history and politics. Such an approach makes visible the gendered underpinnings of 'neurolaw' and allows for a brain-based legal subject that is open to feminist creativity
In July 2012 the Australian Government Actuary released its latest triennial report on the long term cost of the pension scheme for federal judges. At 30 June 2011, the unfunded liability of the scheme amounted to $782 million - an increase of 38 per cent in nominal terms (27 per cent in real terms) in just three years. This was the fourth substantial rise since the cost of the scheme was first pegged at $267 million in 1999, despite the fact that the number of serving judges included in the estimates has declined steadily from 131 to 102 over that 12 year period. For the first time the Actuary also provided long term cost projections, estimating an accrued liability of $3,342 million by 2054 - 55. This is a very large number, and yet a very conservative one because it rests on the implausible assumption that the courts covered by the scheme - the High Court, the Federal Court and the Family Court - will not increase in size over the next 40-odd years.
Opeskin, B 2012, 'Managing International Migration in Australia: Human Rights and the “Last Major Redoubt" of Unfettered National Sovereignty', International Migration Review, vol. 46, pp. 551-585.
Opeskin, B & Kippen, R 2012, 'The Balance of the Sexes: the Feminisation of Australia's Population, 1901–2008', Population, Space and Place, vol. 18, no. 5, pp. 517-533.
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The numerical balance between males and females in a population has been of long-standing interest to social scientists because of its effects on marriage, fertility, and the societal roles of men and women. Yet, little attention has been paid to mapping changes in sex ratios or identifying their demographic determinants. This study addresses this gap by examining secular changes in the balance between males and females in Australia from 1901 to 2008. A method of decomposing these changes into components due to sex differentials in fertility, mortality, and migration is described and applied. The study describes the gradual feminisation of the Australian population over a century and gives an account of how the ratio of the sexes differs by age and how long it takes to exhaust the numerical superiority of men at birth. The study explains these changes by examining long-term trends in the sex ratio of births, deaths, and net migration for successive cohorts. The relatively high mortality of males and the emerging pattern of feminine net migration since the 1970s explain the transformation of the Australian population from its highly masculine past to its contemporary state of greater balance between the sexes
Prior, JH & Crofts, P 2012, 'Effects of sex premises on neighbourhoods: Residents, local planning and the geographies of a controversial land use', New Zealand Geographer, vol. 68, no. 2, pp. 130-140.
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The paper examines 284 resident submissions to sex premises planning processes, and a survey of 401 residents living near sex premises in New South Wales, Australia, to investigate resident concerns about the effect of sex premises on local environs, and how these concerns inform resident views on the spatial ordering of sex premises. The investigation found that there was a discrepancy between the views of the broader residential population and the views of participants in planning processes. The investigation suggests that geographers need to consider more deeply the connections between residents, planning and the geographies of this controversial land use.
Purcell, KC 2012, 'Review: Lauren Benton, A Search for Sovereignty: Law and Geography in European Empires, 1400-1900', British Yearbook of International Law, vol. 82, no. 1, pp. 495-495.
Business outsourcing and restructuring has contributed to the growth of precarious work arrangements in Australia and around the developed world. Precarious work results in adverse health and safety outcomes for workers and has challenged conventional regulatory regimes based on the standard employment relationship. This article examines a current attempt to regulate for a particular sub-set of precarious workers those working at the base of vertical supply chains in the Australian road transport industry. It charts the influence of commercially dominant clients with effective control over the pay and conditions of workers engaged through their transport supply chain.The article also summarises evidence linking pay rates of truck drivers to safety outcomes. It is argued that regulatory innovation is required to address this link between pay and safety as well as the role of the client. The article explores the potential for the Road Safety Remuneration Act 2012 (Cth) to improve conditions for transport supply chain labour through such regulatory innovation. Business outsourcing and restructuring has contributed to the growth of precarious work arrangements in Australia and around the developed world. Precarious work results in adverse health and safety outcomes for workers and has challenged conventional regulatory regimes based on the standard employment relationship. This article examines a current attempt to regulate for a particular sub-set of precarious workers those working at the base of vertical supply chains in the Australian road transport industry. It charts the influence of commercially dominant clients with effective control over the pay and conditions of workers engaged through their transport supply chain.The article also summarises evidence linking pay rates of truck drivers to safety outcomes.
Redmond, PM 2012, 'Directors' duties and corporate social responsiveness', The University of New South Wales law journal, vol. 35, no. 1, pp. 317-340.
Ries, N 2012, 'Legal and Policy Measures to Promote Healthy Behaviour: Using Incentives and Disincentives to Control Obesity', McGill Journal of Law and Health, vol. 6, no. 1, pp. 1-40.
This article examines incentives as a health policy option to encourage healthier behaviours and considers the emerging body of literature that evaluates the effectiveness and impact of incentives as public health policy tools. Incentives - including rewards and penalties - vary widely in their force, from indirect (or mild) to direct (or strong) incentives. At one end of the incentive spectrum are strategies that invite healthier behaviour, such as urban planning measures to encourage walking and cycling. In the middle of the incentive spectrum are measures such as tax credits for those who participate in sports and fitness programs or "fat taxes" on high-calorie, low-nutrition foods. These strategies target individuals' pocketbooks and thus may have a stronger influence on behaviour change. The most direct incentives are governmental or private sector schemes that use monetary payments or penalties to induce behaviour change. While this article focuses on incentives targeted at individuals, it briefly discusses several examples of incentives aimed at businesses, particularly food retailers. The use of incentives as a health policy tool has several key legal dimensions. First, governments rely on legal powers, such as taxation laws and zoning regulations, to implement certain kinds of incentives. Second, in their operation and impact, incentives may infringe on legally protected rights. In particular, the use of "sticks" rather than "carrots" may be criticized on the grounds that they are coercive, discriminate unfairly, and promote individual blame. Third, public health law is concerned with the use of legal and policy measures to create conditions in which people may be healthy. It is important, therefore, to evaluate incentive programs to determine their effectiveness in ameliorating obesogenic environments and creating conditions for improved dietary and physical activity behaviours.
Rising rates of overweight and obesity are of serious concern in Canada. Until recently, discussion of policy options to promote healthier lifestyles has ignored the topic of direct financial incentives. The idea of paying people to lose weight or adopt healthier behaviours is now attracting study and debate. Some governments and companies are already experimenting with reward programs. Available evidence indicates that financial incentives help promote short-term change, but there is a dearth of evidence on longer-term programs and outcomes. Targeted incentives for specific risk groups have shown more success. With creative design, targeted use and evaluation, financial incentives for weight loss and healthy behaviour may be a useful addition to the health policy toolkit.
The approach of "nudging" people toward healthier behaviours is currently in vogue, and user financial incentives (UFIs) are one possible nudge tool. Interesting debates arise as to the criteria UFIs must meet to qualify as a nudge. The more pressing issue, however, is to determine how UFIs can be structured and implemented to motivate and sustain health behaviour change. To date, Canadian public health strategies to promote physical activity and balanced nutrition focus mainly on information provision, with some product regulation measures and indirect financial incentives. Governments cannot afford direct UFI programs to incent all 60% of overweight and obese Canadians to reduce their body mass, but governments could consider UFIs targeted to specific risk groups where a shorter-term intervention could have long-term payoffs.
Riley, J 2012, 'A Safe Touch Down for Qantas?', Australian Journal of Labour Law, vol. 25, no. 1, pp. 76-83.
Riley, J 2012, 'Bargaining Fair Work Style: Fault-lines in the Australian Model', New Zealand Journal of Employment Relations, vol. 37, no. 1, pp. 22-29.
Riley, J 2012, 'Sterilising Talent: A Critical Assessment of Injunctions Enforcing Negative Covenants', Sydney Law Review, vol. 34, no. 4, pp. 617-636.
Riley, J 2012, 'Teaching Labour Law in a Common Law Jurisdiction', International Journal of Comparative Labour Law and Industrial Relations, vol. 28, no. 1, pp. 71-79.
Riley, J & MacDermott, T 2012, 'ADR and Industrial Tribunals: Innovations and Challenges in Resolving Individual Workplace Grievances', Monash University Law Review, vol. 38, no. 2, pp. 82-102.
Country Report for Australia on environmental developments in 2011
Riley, S 2012, 'Heads I Win, Tails You Lose: Uncertainty and the Protection of Biodiversity from Invasive Alien Species', Asia Pacific Journal of Environmental Law, vol. 14, no. 1- 2, pp. 139-168.
Scientists anticipate that the problem of invasive alien species will be exacerbated by co-stressors of biodiversity, such as, land clearing and climate change. One of the most effective means of regulating invasive alien species is to prevent their entry by implementing rigorous quarantine measures with strong border controls. Yet, regulators face constant uncertainty and the need to navigate a range of opinions on how best to deal with uncertainty. These difficulties are illustrated by the differing approaches to uncertainty embodied by the World Trade Organization on the one hand and the Convention on Biological Diversity on the other. While the former emphasises the need for overcoming uncertainty the latter also accommodates the need to manage uncertainty. This paper explores the impasse resulting from these strategies and also analyses whether Australia's Weed Risk Assessment provides a potential solution. It is argued that the Weed Risk Assessment can establish 'plausible hypotheses' that channel into the precautionary approach, giving regulators the flexibility of managing uncertainty by implementing measures without the benefit of full and conclusive scientific evidence. What is not clear, however, is whether the information-based processes of the Weed Risk Assessment will satisfy the scientific certainty requirements of the World Trade Organization.
Riley, S 2012, 'Law is order, and good law is good order: The role of governance in the regulation of invasive alien species', Environmental and Planning Law Journal, vol. 29, no. 16, pp. 16-44.
In Australia, invasive alien species (IAS) are the second largest threat to biodiversity after loss of habitat. International obligations provide that Australia should prevent the introduction of, or control or eradicate those alien species that threaten ecosystems, habitats or species. Yet, designing and implementing effective IAS regimes remains elusive. It is a multidimensional exercise that engages a variety of actors across all levels of government. The purpose of this paper is to examine complications stemming from governance of IAS regimes in federal systems where law-making power is shared. It is argued that Australia has created a governance system for IAS largely based on political compromises that still presents the Federal government with the opportunity of providing a national framework for regulation of IAS. However, the Federal government has only partially grasped this opportunity, leaving the regime peppered with gaps and inconsistencies that fall short of the potential available to it.
The use of formally listed 'Key Threatening Processes' (KTPs) is increasingly seen as a way of incorporating the regulation of invasive alien species into land and water management regimes. Yet, prior to the use of KTPs, regulators were already identifying threatening processes by classifying certain types of invasive alien species as noxious, pests, or feral and listing them on registers of prohibited species. These initiatives have been continuously supplemented by Australian jurisdictions adopting a range of strategies, frameworks and management plans relating to invasive alien species. This paper compares and contrasts the use of KTPs with other types of threatening processes as a means of dealing with invasive alien species (IAS), focusing on freshwater ecosystems. The identification and abatement of KTPs and other threatening processes occupies an important regulatory space in invasive alien species' regimes. However, the effectiveness of these mechanisms depends as much on the success of the IAS regime as a whole as on the operation of the individual KTPS.
Simmons, F & David, F 2012, 'The Road to Effective Remedies: Pragmatic reasons for treating cases of “sex trafficking” in the Australian sex industry as a form of “labour trafficking”', Anti-Trafficking Review, vol. June 2012, no. 1, pp. 60-79.
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Internationally, it is widely recognised that labour law and associated protections are a critical part of any comprehensive response to trafficking in persons. In this article, we argue that while Australia has taken some important steps to incorporate labour protection systems into the anti-trafficking response, there is still more work to be done. In particular, the federal, and state and territory governments have yet to take up the opportunity to link anti-trafficking efforts with initiatives aimed at improving the working conditions of workers in the sex industry. We suggest this reflects a common—but unjustified—assumption that “labour trafficking” and “sex trafficking” are distinct and different species of harm. As a result of this distinction, workers in the Australian sex industry—an industry where slavery and trafficking crimes have been detected— are missing out on a suite of potentially effective prevention interventions, and access to civil remedies. We argue that there is a need to provide practical and financial support, so that the national industrial regulator, the Fair Work Ombudsman, can work directly with sex worker advocacy groups, to examine opportunities and barriers to accessing the labour law system, particularly for migrant sex workers.
Smith-Khan, L 2012, 'Genuine Improvement or Paying Lip Service? Conquering the Communication Complexities in Protection Assessments', Migration Australia, vol. 2, pp. 58-62.
Australia is a party to a number of international treaties and declarations which recognise the significance of traditional and Indigenous knowledge and cultural expressions, and emphasise the need to respect, preserve and maintain knowledge, innovations and practices of Indigenous and local communities. For example, the Convention on Biological Diversity 1992 (CBD) provides member nations with the opportunity to establish regimes that would regulate foreign and domestic access to valuable genetic resources and traditional and Indigenous knowledge while establishing benefit-sharing mechanisms relating to that access. The CBD has also led to significant international debate on the interrelationship with intellectual property rights, particularly patent rights and plant breeders rights, which are often the end goal of the desire to access such genetic resources.
This article commences with a brief history of China's intellectual property policy and international relations over the past 150 years. China's engagement with the western construct of intellectual property rights is strongly aligned with China's international trade relations. In particular, this article will consider the influence of the enquiries into transparency that followed China's first review after accession to the WTO and then the dispute resolution process initiated by the United States specifically on issues of intellectual property enforcement. Despite the numerous international treaties and agreements on intellectual property rights that exist and to which China acceded in the early days of the Open Door Policy period, it was the need to become a member of the WTO and with that the expectation of compliance with the prescriptive requirements found in the WTO Agreement on Trade Related Aspects of Intellectual Property Rights ("the TRIPS Agreement") that provided the greatest influence on the shaping of China's intellectual property regime today. Recent developments highlight a counterpoint in China's engagement with the TRIPS Agreement. This is indicated in China's willingness to align itself with the views of developing nations in the way that the TRIPS Agreement is interpreted and this is most evident in the recent Patent Law amendments which demonstrate China's desire to be an innovator, not a copier.
Stuhmcke, AG 2012, 'The evolution of the classical ombudsman: a view from the antipodes', International Journal of Public Law and Policy, vol. 2, no. 1, pp. 83-95.
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The traditional core functions of a classical ombudsman are the investigation of individual complaints and own motion investigations of administrative action into areas of systemic importance. The ombudsman institution is an evolving one. Classical ombudsmen are using their systemic investigation powers more frequently to improve the quality of public administration. Further, there is an increasing variety of functions, such as auditing and monitoring, which are now ascribed to the jurisdiction of ombudsmen. This article investigates the changes occurring in the scale and scope of ombudsmen functions and argues that three models of classical ombudsman may now be identified. An explanation of these models and the reasons for changes in the operation of ombudsmen is provided through the experience of the nine Australian Federal, State and Territory classical ombudsmen.
Thomson, M & Fox, M 2012, 'The changing politics of circumcision: HIV/AIDS, public health and social justice', Legal Studies, pp. 255-281.
van Rijswijk, HM 2012, 'Neighbourly Injuries: Proximity in Tort Law and Virginia Woolf's Theory of Suffering', Feminist Legal Studies, vol. 20, pp. 39-60.
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2012 marks the 80th anniversary of Donoghue v Stevenson, a case that is frequently cited as the starting-point for a genealogy of negligence. This genealogy starts with the figure of the neighbour, from which, as Jane Stapleton eloquently describes, a "golden thread" of vulnerability runs into the present (Stapleton 2004, 135). This essay examines the harms made visible and invisible through the neighbour figure, and compares the law's framework to Virginia Woolf's subtle re-imagining and theorisation of responsibility in her novel Mrs. Dalloway (1925). I argue that Woolf critiques and supplements the law's representations of suffering. Woolf was interested in interpreting harms using a framework of neighbourly responsibility, but was also critical of the kinds of proximities recognised by society. Woolf made new harms visible within a framework of proximity: in this way, we might think of Woolf's work as theorizing a feminist aesthetic of justice, and as providing an alternate genealogy of responsibility to Donoghue v Stevenson.
van Rijswijk, HM 2012, 'Stories of the Nation's Continuing Past: Responsibility for Historical Injuries in Australian Law and Alexis Wright's Carpentaria', The University of New South Wales Law Journal, vol. 35, no. 2, pp. 598-624.
van Rijswijk, HM 2012, 'Towards a Feminist Aesthetic of Justice: Sarah Kane's Blasted As Theorisation of the Representation of Sexual Violence in International Law', Australian Feminist Law Journal, vol. 36, pp. 107-124.
Aesthetic considerations are bound up with thematic questions of justice, and an interdisciplinary engagement between law and culture offers methodologies through which to interrogate and reframe legal understandings of harm. While there is no particular form that can, a priori, be designated feminist, we can talk meaningfully about practices of representation, and methodologies, as being feminist or otherwise. This essay seeks to re-animate questions concerning the relationship between feminisms and representation, asking what it might mean to talk about a legal, feminist aesthetic: what are the terms of evaluation that seem relevant in judging representation as feminist or otherwise? What are the stakes of such an enquiry? These methodological questions will be considered with respect to a specific archive - first, a legal archive comprising recent feminist engagements with international criminal and human rights law dealing with sexual violence in conflict zones; and second, a cultural text, Sarah Kane's play Blasted (1995). This essay engages with and extends feminist commentary regarding the legal interventions, explicating the benefits of a law and culture approach to ongoing questions in feminist theories and practice. It provides an example of the ways in which a cultural text can illuminate problematic practices of representation that have developed in the law and critical commentary, and which seem natural or even unmoveable. The practice of re-seeing made available through engagement with this cultural text is, it is argued, a practice of justice.
Vijeyarasa, R 2012, 'The Cinderella syndrome: Economic expectations, false hopes and the exploitation of trafficked Ukrainian women', WOMENS STUDIES INTERNATIONAL FORUM, vol. 35, no. 1, pp. 53-62.
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Vogl, AF 2012, 'Seeking Asylum: Human Smuggling and Bureaucracy at the Border (review)', Canadian Journal of Law and Society, vol. 27, no. 1, pp. 159-159.
Civil protection order schemes were introduced in many western countries from the 1970s; in Australia from the 1980s. One of the key drivers for this development was the extensive feminist criticism of the criminal law which revealed that it failed to respond adequately to the particular harm of intimate partner violence (âIPVâ). The nature of IPV as a gendered, repetitive and patterned harm, motivated by control, found a poor fit with the criminal lawâs focus on discrete incidents and its traditional emphasis on visible forms of violence. This article explores whether the New South Wales (NSW) civil protection order system (Apprehended Domestic Violence Orders or âADVOsâ), despite a range of progressive elements, continues to mirror the criminal lawâs narrow understanding of IPV. It does so through a case study on cross-applications in NSW ADVO proceedings. This study reveals that the progressive promise of the ADVO system to look beyond the lens of the criminal law is militated by a range of factors such as: the limited nature of the complaint narrative; the continuing focus in practice on incidents of violence; and the constraints of the court environment.
Wellard, MN 2012, 'Director liability for uncommercial transactions : is s 588G(1A) impotent to provide liquidators the means to seek compensation for creditors?', Insolvency Law Bulletin, vol. 13, pp. 37-41.
In the 10 years since the addition of uncommercial transactions to the table of deemed “debts incurred” in s 588G(1A) of the Corporations Act, the sub-section has arguably achieved little. This article explains why this has been so, and what needs to be done to enable this aspect of Australia’s insolvent trading laws to operate effectively and as originally intended.
This article addresses in depth the question of whether section 420A of the Corporations Act 2001 (Cth) imposes ‘strict liability’ upon a controller for the failure of an agent or expert to take reasonable care. The weight of existing authority appears to suggest that controllers are liable under s 420A for the carelessness of their agents or expert advisers. However, a closer analysis of the text of the provision and relevant Australian and UK case law demonstrates that this aspect of the statutory construction of s 420A remains very much an open question. This article ultimately contends for a construction of s 420A which requires a controller to adequately supervise and scrutinise, but which does not render a blameless controller strictly liable for all careless acts and omissions of agents and expert advisers.
Wellard, MN & Walton, P 2012, 'A comparative analysis of Anglo-Australian pre-packs : can the means be made to justify the ends?', International Insolvency Review.
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Pre-packaged administrations have been prevalent in the UK for years. However, Australia’s voluntary administration regime has been more restrictive of the practice. This article analyses the evolution of UK pre-packs, why they are not prevalent in Australia and the challenges for UK and Australian lawmakers in striking the right balance with pre-packs in their respective administration regimes. The article proposes a mechanism that might make ‘connected-party’ pre-pack business sales work more fairly for stakeholders — that is, by obligating a connected-party purchaser to make a future-income contribution in favour of the insolvent company whose business has been ‘rescued’ by a pre-packaged sale in administration.
Wilkinson, GM & Thompson, C 2012, 'Not Such a Crafty Corkscrew? Sheldon v Metrokane and the status of industrial designs as “works of artistic craftsmanship” under Australian law', European Intellectual Property Review, vol. 26, no. 12, pp. 548-555.
Anthony, T 2012, 'Indigenous Inclusion in Legal Education: Australian challenges and opportunities', Australasian Law Teachers Association Annual Conference 2012: Legal Education for a Global Community, University of Sydney Law School, Sydney, Australia, pp. 1-5.
Anthony, T 2012, 'Northern Territory Intervention and Indigenous Criminalisation: Implications for Pre-trial and Post-sentencing', Uluru Criminal Law Conference, Legalwise Seminars, Uluru, pp. 1-17.
This paper addresses extended police powers under the Northern Territory National Emergency Response Act 2007 (Cth) and related measures.The key issues are: •Police widening and broadening: Federal authorities, taskforce Themis and Territory Police •Police powers and prosecution discretion •Case study: the rise and rise of prosecuting driving offences and alcohol related offences •Net results: Incarceration and the new era in corrections •Consequences for the courts and legal profession
Dorsett, SG 2012, 'Networks, Trajectories and Comparative Legal History: Burton's Draft 1838 Act for the Amelioration of the Aboriginal Natives', Law, Spaces, Cultures and Empire: Engagements and Legacies, Singapore.
Dorsett, SG 2012, 'The Post-Colonial Turn: Networks of Empire and the 1838 Draft Act for the Amelioration of the Aboriginal Natives (NSW)', Griffith Legal History Seminar Series, Brisbane.
Fallah, KL 2013, 'Private Military Contractors and the Construction of 'Humanitarianism'', Legal Research 3 Conference, Sydney Law School, Sydney.
Fallah, KL 2012, 'Private Military Violence and the Inner Boundaries of International Law: Reading 'Unjust Combatancy' Theories Alongside the Jus ad Bellum / Jus in Bello Distinction', Conference on Law and Boundaries / Droit et Limites, Sciences Po Law School, Paris.
Greenleaf, GW, Mowbray, AS & Chung, PT 2012, 'Reconsidering the Meaning of "Free Access to Legal Information" After the Hague "Guiding Principles"', Law Via the Internet 2012, Cornell University, Ithaca, NY, USA.
Libesman, T 2012, 'Pluaralising Indigenous child welfare', Law and Society Conference, Hawaii.
Riley, S 2012, 'RIO + 20: What Difference has Two Decades Made to State Practice in the Regulation of Invasive Alien Species?', RIO + 20: What Difference has Two Decades Made to State Practice in the Regulation of Invasive Alien Species?, IUCN, Baltimore, USA.
Invasive alien species (IAS) are alien species that threaten ecosystems, habitats or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to âprevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats or speciesâ. Members are also required to lodge national reports with the secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented, to date no study has examined Statesâ perceptions of their own IAS regimes. This paper collects and analyses information available from the CBD national reports to consider what members themselves have identified as their regulatory strengths and weaknesses. Against this backdrop, the paper evaluates the effectiveness of international environmental law in guiding domestic regimes, highlighting that where international law is imprecise/fragmented and/or contradictory, it can hinder the development of successful State practice.
Dr George Yijun Tian investigates how the consumer movement can tackle intellectual property abuse, within the framework of the WTO TRIPS Agreement. Whilst the TRIPS Agreement is perhaps best known among A2K activists for imposing inflexible IP obligations upon WTO members, in fact it also contains a number of concessions to the public interest. One of these is that it allows member countries to pass laws that restrict the abuse of intellectual property rights (IPRs). Until now this provision has mostly been used as the basis for laws to prevent the anticompetitive use of IPRs. However, Dr Tian notes that its use is potentially much broader, also allowing countries to pass laws that inhibit the use of IPRs to infringe consumer rights. He provides examples of this from the consumer laws of Australia and Brazil, and closes with recommendations for other countries, particularly developing countries, to be more flexible in how they act against IP abuse.
Tian, Y 2012, 'Fair Competition and Preferential Taxation Policy for Small and Medium Retail Stores: A Comparative Study', The International Conference of Chinese Tax and Policy, Guangzhou, China.
Tian, Y 2012, 'Invited Commentator for ‘International IP Dynamic Session’ Recent & Providing a Short Talk on Development of ACTA, PPT and RTA', Annual Conference of National IP Scholars, co-hosted by Renmin University Law School, SIPO, National Copyright Office, State Council Law Division, Suzhou China.
Tian, Y 2012, 'IP Abuse Prevention and Competition Laws: A Comparative Study', Center for Financial Regulation and Economic Development Seminar, Faculty of Law, Chinese University of Hong Kong.
Tian, Y 2012, 'IP Abuse Prevention and Competition Laws: A Comparative Study', A CFRED Research Seminar, Faculty of Law, CUHK, Center for Financial Regulation and Economic Development, Faculty of Law, Chinese University of Hong.
`, presented to 29 November 2012.
van Rijswijk, HM 2012, 'The Aesthetics of the Continuing Past, and the Ceremony of Adjudicating Historical Suffering', Ceremonies of Law, Ceremonies of Law Conference, Law, Literature and Humanities Assocation of Australia, Wollongong, Australia.
van Rijswijk, HM 2012, 'The Aesthetics of the Continuing Past: Responsibility for Historical Suffering in National Law and Literature', Law, Culture and the Humanities, 15th Annual Conference of the Association for the Study of Law, Culture, and the Humanities, Law, Culture and the Humanities Association, Texas Wesleyan University School of Law, USA.
van Rijswijk, HM & Anthony, T 2012, 'An Element of Bluff or Deception: Parental Consent and State Control in the Stolen Generations Cases', Program of 2012 International Conference on Law and Society: Sociolegal Conversations Across a Sea of Islands, 2012 International Conference on Law and Society: Sociolegal Conversations Across a Sea of Islands, Law and Society Association and Research Committee on Sociology of Law, Honolulu, Hawai'i, pp. 87-87.
Varnham, S 2012, 'Higher Education in Australia: Treading Educational Quicksand Shakily or Assertively OxCHEPS Occasional Paper No. 49', 2012 Roundtable on US/UK Higher Education Law and Policy, New College, Oxford.
OxCHEPS Occasional Paper No. 49
Varnham, S 2012, 'Higher Education Law and Policy US and UK', Chairs of Academic Boards, Senates and Secretaries, University of Adelaide.
Varnham, S, Evers, M & Booth, T 2012, 'Valuing their voices: responsibility and retention through student participation in school decision making', Socio-Legal Studies Association Annual Conference, de Mountfort University, Leicester, UK.
Annual conference of Socio-Legal Studies Association. Dissemination of ECRG Research project
Wangmann, JM 2012, 'Different types of intimate partner violence and family law: What do the lawyers say?', Family Transitions and Trajectories: 12th Australian Institute of Family Studies Conference, Melbourne.
There has been increasing discussion across different disciplines that there are different types of intimate partner violence (IPV) and that this is important for determining appropriate interventions. Work has focused on different types of male perpetrators, different types of female perpetrators and different types of IPV generally. For example, Michael Johnson (with colleagues), arguably one of the most notable scholars in this field, has, over time posited five types of IPV (coercive controlling violence, violent resistance, mutual violent control, situational couple violence and separation-instigated violence). There has been growing interest in using typologies in the legal arena, particularly in family law decision-making across a number of jurisdictions (eg in Canada, the USA and Australia). Most significantly in 2011, the Family Court of Australia and the Federal Magistrates Court of Australia made specific reference to this work on differentiation in its Family Violence Best Practice Principles document. A small number of judicial officers have also been referring to the literature on differentiation in their judgments. This paper engages with this growing interest. It presents findings from a recent exploratory study with a small number of NSW accredited family law specialist solicitors about their understanding of the different types of intimate partner violence, whether they have experience with those categories, what benefits and risks they identify (if any), and whether they would use it in their work.
Wangmann, JM 2012, 'Gender, Intimate Partner Violence, and the Growing Recognition of Differences: A Useful Tool for the Law? Some Questions from Australia', International Conference on Feminism and the Law: Revisiting the Past, Rethinking the Present and Thinking the Way Forward, Pune, India.
Whether intimate heterosexual partner violence (IPV) is gendered in its perpetration remains one of the most hotly contested issues in the field. There has been a long and often acrimonious debate within the sociological literature that can loosely be characterised as a debate between family violence researchers (who see IPV as largely symmetrical in it perpetration) and feminist or violence against women researchers (who see IPV as asymmetrical in its perpetration, with women the predominant victims and men the predominant perpetrators). More recently, there has been growing recognition that these two groups of researchers are studying completely different populations and that IPV is not a homogenous category â that there are key differences to be found in terms of gender, motivation and impact. Michael Johnson, arguably the most notable researcher in this area, has identified five types of IPV differentiated on the basis of the presence or absence of control: coercive controlling violence, violent resistance, situational couple violence, separation-instigated violence and mutual violent control. This paper engages with this growing recognition of differences in IPV â and in particular the growing interest from family law (in Canada, the USA and Australia) to use this work on typologies. In this paper I explore the benefits that might be gained from differentiation, the way that this might assist in clarity in definition and the recognition of gender â at the same time express concern about the nature of the proposed typologies, in particular the way such typologies might be used in family law decision making; whether it is a useful tool or whether there are issues about the capacity of the legal system and legal professionals to take account of more nuanced understandings of IPV.
Over the last 15 years there has been a growing body of sociological research that argues that intimate partner violence is not homogenous - rather it is heterogeneous with differences in terms of gender, motivation, duration, impact and seriousness. Work has focused on different types of male perpetrators, different types of female perpetrators and different types of IPV generally. For example, Michael Johnson (with colleagues), arguably one of the most notable scholars in this field, has, over time posited five types of IPV (coercive controlling violence, violent resistance, mutual violent control, situational couple violence and separation-instigated violence). There has been growing interest in using typologies in the legal arena, particularly in family law decision-making across a number of jurisdictions (eg in Canada, the USA and Australia). Most significantly in 2011, the Family Court of Australia and the Federal Magistrates Court of Australia made specific reference to this work on differentiation in its Family Violence Best Practice Principles document. A small number of judicial officers have also been referring to the literature on differentiation in their judgments since 2008. This paper presents findings from a recent exploratory study with a small number of NSW accredited family law specialist solicitors about their understanding of this work on typologies and its relevance to family law.
Anthony, T & Blagg, H Criminology Research Advisory Council 2012, Addressing the "crime Problem" of the Northern Territory Intervention: Alternate pathways to regulate minor driving offences in remote Indigenous communities, pp. 1-90, Australia.
This study examines the incidence of Indigenous driving offending in the Northern Territory since 2006 and assesses the effectiveness of law enforcement in addressing this crime. It seeks to ascertain alternative forms of regulating driver safety and whether they are better suited to Indigenous communities. In doing so, it identifies some of the major reasons for offending. It is particularly concerned with driving offences that have increased dramatically since 2006, including driving unlicensed and driving unregistered and uninsured cars.
Burn, JM 2012, Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012, pp. 1-9, Parliament of Australia website.
This submission supports the clarification of slavery and sexual servitude offences and the creation of stand-alone offences of forced labour, deceptive recruiting and forced marriage in the Criminal Code Act 1995 (Cth). The Bill is praised for strengthening Australia’s compliance with international law. Anti-Slavery Australia also uses this opportunity to reiterate the need for a compensation scheme for victims of trafficking, which is not addressed in the Bill.
Understanding the gaps in prevention and protection needs in trafficking and exploitation of women and girls in Australia. An Evidence review.
Burn, JM 2012, Supplementary Anti-Slavery Australia submission to the Senate Legal and Constitutional Affairs Committee Inquiry into Crimes Legislation Amendment (Slavery, Slavery-like Conditions and People Trafficking) Bill 2012., pp. 1-5, Parliament of Australia website.
This supplementary submission outlines the visa framework for trafficked people in Australia and recommends allowing more time for victims to reflect and recover, as well as recommending that a permanent witness protection visa should be issued within 6 months of the grant of a criminal justice stay visa to provide security to victims.
This submission is a response to the Community Relations Commission Inquiry into people trafficking in Australia and NSW. Anti-Slavery Australia provides background information about slavery and people trafficking to Australia and addresses the existing legislative provisions at both state and federal levels, their coordination. It further discusses community outreach programs, forced marriage and the need to develop a compensation scheme. Recommendations are made throughout the submission on how to strengthen the NSW Government’s commitment to end people smuggling in NSW.
Martin, P, Verbeek, M, Riley, S, Bartel, R & Le Gal, E Rural Industries Research and Development Corporation 2012, Innovations in Institutions to Improve Weed Funding, Strategy and Outcomes, pp. 1-110, Australia.
In spite of much public and private effort, expenditure and creativity, reports show that the economic and environmental cost of weeds in Australia continues to grow. Australians face the sustainability challenges of a large and bio-diverse country, major resource exploitation industries, and a relatively small pool of funds and human resources to provide for protection and restoration. To effectively manage these combined challenges and ensure the sustainability of the Australian environment and equitable outcomes for Australians in general, Australians need to create legal, social, managerial and economic strategies that are far more effective than those used to date. To do so requires institutional as well as technological innovation. There has been increasing recognition over the past couple of decades that approaches to weed management must include better processes, particularly in engaging people in solutions, as well as more effective application of biophysical and social science. Weeds arrive in Australia and, in large part, continue to spread in Australia because of the activities of people.
Seguel González, A, Aconley-Jones, R, Adam, D, Dehm, S, Dehm, J & Buckley, E 2012, Occupy Policing: A Report into the Effects and Legality of the Eviction of Occupy Melbourne from City Square on 21 October 2011.
Kirkby, D 2012, 'A Decent Provision: Australian Welfare Policy, 1870-1949.', ROUTLEDGE JOURNALS, TAYLOR & FRANCIS LTD, pp. 496-497.
Kirkby, D 2012, 'Sweatshops at Sea: Merchant Seamen in the World's First Globalized Industry, from 1812 to the Present', AUSTRALIAN SOC STUDY LABOUR HISTORY, pp. 221-223.
Selim, Y 2012, 'Transitions: creating space to address injustice after conflict or political turmoil', Opendemocracy.
Smith-Khan, L, Crock, M & Sario, K 2012, 'To “Promote, protect and ensure”: Overcoming obstacles to identifying disability in displacement situations'.
The first Torts App for Australia.
Vogl, AF 2012, 'Coroner says Christmas Island tragedy was ‘foreseeable’', Legal Service Bulletin Co-operative Ltd, pp. 139-139.