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1
Schofield-Georgeson, Eugene. "Silence Matters: A survey of the right to silence in the summary jurisdiction of New South Wales." International Journal of Evidence & Proof 24, no. 2 (November 7, 2019): 121–41. http://dx.doi.org/10.1177/1365712719887409.
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There is a scant existing literature on the relationship between the right to silence and its effect on convictions in Australia and comparable jurisdictions. Existing research has downplayed its significance in the face of various ‘law and order’ interventions seeking to limit its operation. This study is one of the largest of its kind, surveying over 1,000 charges to empirically assess the frequency of use and the effects of silence rights (the right to silence, privilege against self-incrimination and burden of proof) on conviction, in relation to a particular set of charges laid against a specific group of marginalised defendants in the Local Court summary jurisdiction of NSW. Adding to the existing literature, this study shows empirically how silence rights operate within an Australian summary jurisdiction for a specific group of criminal defendants who are significantly socially marginalised. In the process, it demonstrates that the use of silence rights is significant for this group, mostly in non-regulatory criminal matters. In this respect, silence rights can be understood to correlate with rates of conviction, mitigation of criminal sentencing and the practice of charge-bargaining.
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MAMOUNEY, LOUISA. "SHIFTING USE OF POLICY INSTRUMENTS FOR ENVIRONMENTAL PROBLEMS: NEW SOUTH WALES, AUSTRALIA, 1979–2010." Journal of Environmental Assessment Policy and Management 16, no. 01 (March 2014): 1450006. http://dx.doi.org/10.1142/s1464333214500069.
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It is generally accepted that choice and use of environmental policy instruments has changed over recent decades, however this has rarely been investigated empirically. A quantitative analysis of 505 policy instruments to address environmental problems between 1979–2010 in New South Wales, Australia, was undertaken to explore this further, in a jurisdiction reasonably typical of advanced economies. The data do show a shift in the use of instrument types, with the most common type of policy instrument being regulation. However, there was no trend away from regulation as a way of delivering policy outcomes, but a relative strengthening in the importance of newer policy instrument types such as strategy, education, incentives and schemes, compared with foundation policy types including regulation and land reservation. Foundation policies dominated the earlier years and provided significant structural elements of the policy system, including setting up organisations, assigning roles and responsibilities and prescribing rules. The political party holding government at the time does not drive the selection of policy instruments. The methods in this paper could be applied in other jurisdictions or to other policy areas.
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McCabe, Lindsay, and Allen George. "Improving Indigenous family engagement with the coronial system in New South Wales." Alternative Law Journal 46, no. 3 (July 11, 2021): 212–18. http://dx.doi.org/10.1177/1037969x211029962.
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This article explores the barriers experienced by Indigenous Australians that prevent adequate engagement with the coronial system in New South Wales. The findings presented here are the result of a qualitative study involving key legal professionals and advocates in the coronial jurisdiction. A number of significant shortcomings are identified, including inadequate funding, a lack of information and appropriate communication, and significant delays between time of death and conclusion of the inquest.
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Frappell, Stephen. "Parliamentary Privilege in New South Wales." International Journal of Legal Information 48, no. 1 (2020): 20–26. http://dx.doi.org/10.1017/jli.2020.3.
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The law of parliamentary privilege in New South Wales is the sum of certain immunities, rights, and powers enjoyed by the individual Houses of the Parliament of New South Wales, together with their members and committees, as constituent parts of the Legislature. The law is complex. It is liberally interspersed with uncertainty and ambiguity. It is also distinctly different from the law of privilege in other Australian jurisdictions, including the Commonwealth, and also from overseas jurisdictions. It is singular in the degree to which it relies on the common law, without recourse to statutory expression or to the historical privileges of the Houses of Parliament in the United Kingdom. Nevertheless, in some respects, the Parliament of New South Wales has been remarkably successful through the courts, and through its own procedures, in asserting the powers and rights of members under the banner of parliamentary privilege, notably in relation to orders for the production of State papers.
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Latham, Ian. "Case in Re Moore and Others; Ex Parte New South Wales Public Service Professional Officers' Association and Another." Federal Law Review 15, no. 4 (December 1985): 344–47. http://dx.doi.org/10.1177/0067205x8501500404.
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Industrial Law (Cth) — Restraint of State industrial commission jurisdiction — Validity of restraining order - Necessity to specify what matter is removed from State jurisdiction — Requirement of interstate industrial dispute for valid restraining order — Relationship between matter and parties — Validity of empowering Commonwealth provision — Conciliation and Arbitration Act 1904 (Cth) s 66
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Laity, Tania. "Towards an Integrated Species Distribution Modelling Environment." Biodiversity Information Science and Standards 2 (May 17, 2018): e25165. http://dx.doi.org/10.3897/biss.2.25165.
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The Australian Department of the Environment and Energy (DoEE) is working with the Atlas of Living Australia (ALA), Biodiversity Climate Change Virtual Laboratory (BCCVL) together with 2 state environment departments (New South Wales and Queensland) to develop a standard framework for modelling threatened species distributions for use in policy / environmental decision making. In addition, DoEE is working with 7 state and territory environment departments to implement a common assessment method (CAM) for the assessment and listing of nationally threatened species. The method is based on the IUCN Red List criteria. Each Australian jurisdiction has traditionally used different assessment method, including categories, criteria, thresholds, definitions and scales of assessment to list threatened species within their jurisdiction. The CAM is a standardised method for species assessed for listing at the national level. Through cross-jurisdictional collaboration, this will improve the efficiency of the assessment process and facilitate consistency across jurisdictional lists. The BCCVL includes linkages to species observations on the ALA and users are able to add their own data including contextual and species data. The project aims to create a secure environment where cross-jurisdictional collaboration can occur both on the standardisation of methodologies for creating species distributions and the integration of data. The project also aims to provide a secure platform for jurisdictions to contribute sensitive observations not available through the ALA and take into consideration expert feedback on the distribution of species. The project will provide a public-facing platform whereby SDM’s can be published. This will be searchable by area, species or contributor. All outputs will be scientifically robust, repeatable, maintainable, open and transparent. The increased validity and robustness of models lead to better informed decisions relating to impacts of development and conservation of species.
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Mallitt, Kylie-Ann, David P. Wilson, Ann McDonald, and Handan Wand. "HIV incidence trends vary between jurisdictions in Australia: an extended back-projection analysis of men who have sex with men." Sexual Health 9, no. 2 (2012): 138. http://dx.doi.org/10.1071/sh10141.
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Background Trends in HIV diagnoses differ across Australia and are primarily driven by men who have sex with men (MSM). We use national population surveillance data to estimate the incidence of HIV infections among MSM by jurisdiction and infer the proportion of undiagnosed infections. Methods: Annual surveillance data for AIDS diagnoses, HIV diagnoses and recently acquired HIV infections were obtained from 1980 to 2009. A modified statistical back-projection method was used to reconstruct HIV incidence by jurisdiction. Results: HIV incidence among MSM peaked for all jurisdictions in the early 1980s and then declined into the early 1990s, after which incidence increased. Trends then differ between jurisdictions. In New South Wales (NSW) and South Australia, estimated HIV incidence peaked at 371 and 50 cases respectively in 2003, and has since decreased to 258 and 24 cases respectively in 2009. HIV infections in Queensland (Qld) have more than doubled over the past decade, from 84 cases in 2000 to 192 cases in 2009. Victoria and Western Australia have seen a rise in HIV incidence from 2000 to 2006 (to a peak of 250 and 38 incident cases respectively), followed by a plateau to 2009. HIV incidence in the Northern Territory, Tasmania and Australian Capital Territory have increased since 2000; however, case numbers remain small (<20 per year). The estimated proportion of HIV infections not yet diagnosed to 2009 ranges from 10% (NSW) to 18% (Qld), with an average of 12% across Australia. Conclusions: HIV diagnosis trends among MSM in Australia reflect changes in estimated incidence to 2009, and reveal the largest increase in the past 10 years in Qld.
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Coggins, Jeremy. "From Disparity to Harmonisation of Construction Industry Payment Legislation in Australia: A Proposal for a Dual Process of Adjudication based upon Size of Progress Payment Claim." Construction Economics and Building 11, no. 2 (June 20, 2011): 34–59. http://dx.doi.org/10.5130/ajceb.v11i2.1939.
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Since the introduction of the Building and Construction Industry Security of Payment Act into New South Wales in 1999, construction industry payment legislation has progressively been enacted on a jurisdiction-by-jurisdiction basis throughout Australia. Of the eight Australian Acts, two distinct legislative models can be discerned – what have been termed the ‘East Coast’ and ‘West Coast’ models. This article compares the two models with respect to their payment systems and adjudication schemes, procedural justice afforded, incursion upon freedom of contract, uptake rates and efficiency. From this comparison, the strengths and weaknesses of the two models are identified. Finally, a dual process of adjudication based on progress payment claim size is proposed for a harmonised model, developed from previous proposals put forward by other authors, which aims to combine the strengths of the two existing models.
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Goller, Jane L., Jacqueline Coombe, Christopher Bourne, Deborah Bateson, Meredith Temple-Smith, Jane Tomnay, Alaina Vaisey, et al. "Patient-delivered partner therapy for chlamydia in Australia: can it become part of routine care?" Sexual Health 17, no. 4 (2020): 321. http://dx.doi.org/10.1071/sh20024.
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Abstract Background Patient-delivered partner therapy (PDPT) is a method for an index patient to give treatment for genital chlamydia to their sexual partner(s) directly. In Australia, PDPT is considered suitable for heterosexual partners of men and women, but is not uniformly endorsed. We explored the policy environment for PDPT in Australia and considered how PDPT might become a routine option. Methods: Structured interviews were conducted with 10 key informants (KIs) representing six of eight Australian jurisdictions and documents relevant to PDPT were appraised. Interview transcripts and documents were analysed together, drawing on KIs’ understanding of their jurisdiction to explore our research topics, namely the current context for PDPT, challenges, and actions needed for PDPT to become routine. Results: PDPT was allowable in three jurisdictions (Victoria, New South Wales, Northern Territory) where State governments have formally supported PDPT. In three jurisdictions (Western Australia, Australian Capital Territory, Tasmania), KIs viewed PDPT as potentially allowable under relevant prescribing regulations; however, no guidance was available. Concern about antimicrobial stewardship precluded PDPT inclusion in the South Australian strategy. For Queensland, KIs viewed PDPT as not allowable under current prescribing regulations and, although a Medicine and Poisons Act was passed in 2019, it is unclear if PDPT will be possible under new regulations. Clarifying the doctor–partner treating relationship and clinical guidance within a care standard were viewed as crucial for PDPT uptake, irrespective of regulatory contexts. Conclusion: Endorsement and guidance are essential so doctors can confidently and routinely offer PDPT in respect to professional standards and regulatory requirements.
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van der Merwe, CG. "Lessons From New South Wales, Queensland, and British Columbia to Assist South Africa in Adequately Regulating the Keeping of Assistance Animals by Disabled Persons in Sectional Title Schemes." Stellenbosch Law Review 2022, no. 3 (2022): 419–37. http://dx.doi.org/10.47348/slr/2022/i3a4.
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South African legislation contains only one subrule in the Sectional Titles Schemes Management Regulations about the keeping of assistance animals in sectional title schemes. This subrule provides that an owner or occupier suffering from a disability who reasonably requires a guide, hearing, or assistance dog must be considered to have the trustees’ consent to keep that animal in a section and to accompany it on the common property. I submit that this subrule falls hopelessly short of regulating this matter adequately and that lessons in this regard can be learned from the comparable Australian jurisdictions of New South Wales and Queensland, and the Canadian jurisdiction of British Columbia. First, this subrule makes no reference to anti-discrimination legislation or legislation dealing with the keeping of dogs which is found in the comparable provisions in the selected jurisdictions. Second, no clear distinction is drawn between service dogs and assistance dogs. It appears that assistance dogs are equated with service dogs which are trained to cater for a specific disability in a disabled person while those suffering from illnesses like depression could also benefit from the mere presence of a dog without any specific training. Third, the rule applies only to assistance dogs while the United States, for example, also provides for miniature horses and Capuchin monkeys to assist persons with disabilities. Fourth, save for guide and hearing dogs, inadequate provision is made for the training of other types of assistance animals. In some cases, disabled persons are allowed to train their own assistance animals without the animal and the disabled person having to comply with strict competency tests, for example, the “public access test” required in Queensland. Finally, there is no agreement regarding what type of disability would qualify for assistance by an assistance animal or what evidence a disabled owner or occupier must provide as proof that he or she reasonably requires an assistance animal.
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Aronson, Mark. "Retreating to the History of Judicial Review?" Federal Law Review 47, no. 2 (March 22, 2019): 179–202. http://dx.doi.org/10.1177/0067205x19831811.
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Less than a decade ago, the High Court said, in effect, that State Supreme Courts have substantially the same entrenched jurisdiction to issue relief in the nature of the prerogative writs as the Constitution confers on the High Court. The New South Wales Court of Appeal reads this narrowly, holding that only three specific remedies are protected, together with the rules and limitations that existed at federation. If correct, we might see the emergence of two bodies of doctrine, the old law of remedies and the new law of ‘judicial review’ (a concept that emerged only after federation). In an unrelated case, six High Court judges implied a limited privative clause ousting non-jurisdictional certiorari. The seventh judge said that this was unnecessary, because in his view, that branch of certiorari conflicts with judicial review fundamentals, is historically misconceived, and should apply only where the reviewing court can try the matter afresh. This article reviews these developments, discusses their rationales and questions both the history and its importance.
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Shaw, J. W. "Unfair Dismissals: Recent Developments in the Federal and New South Wales Jurisdictions." Journal of Industrial Relations 35, no. 3 (September 1993): 468–74. http://dx.doi.org/10.1177/002218569303500307.
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GARTON, STEPHEN. "The Rise of the Therapeutic State: Psychiatry and the System of Criminal Jurisdiction in New South Wales, 1890-1940." Australian Journal of Politics & History 32, no. 3 (April 7, 2008): 378–88. http://dx.doi.org/10.1111/j.1467-8497.1986.tb00884.x.
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Dyer, Andrew, and Thomas Crofts. "Reforming non-consensual sexual offences in Hong Kong: How do the Law Reform Commission of Hong Kong's proposals compare with recent recommendations in other jurisdictions?" Common Law World Review 51, no. 3 (September 2022): 145–71. http://dx.doi.org/10.1177/14737795221116396.
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In this article, we consider the reforms to non-consensual sexual offences that the Law Reform Commission of Hong Kong (‘LRCHK’) has recently advocated in its Final Report about the law relating to sexual offending in that jurisdiction. We argue that a comparison between the LRCHK's proposals and those supported in recent years by Law Reform Commissions in other jurisdictions – most particularly, in New South Wales (‘NSW’) and Queensland – reveals the LRCHK's recommendations generally to be sensible, balanced and progressive. The LRCHK's approach to the question of what it is to consent, and to the issue of how a person withdraws consent, is preferable to that supported by the NSW Law Reform Commission (‘NSWLRC’). Further, it seems right to have supported an objective culpability requirement for the non-consensual offences with which it was concerned. And while there are difficulties concerning certain of the LRCHK's proposals – especially, perhaps, those pertaining to fraudulently procured sexual activity – the NSWLRC's and the Queensland Law Reform Commission's respective approaches to the last mentioned topic also seem imperfect.
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Dolins, Sigma, Yale Z. Wong, and John D. Nelson. "The ‘Sharing Trap’: A Case Study of Societal and Stakeholder Readiness for On-Demand and Autonomous Public Transport in New South Wales, Australia." Sustainability 13, no. 17 (August 25, 2021): 9574. http://dx.doi.org/10.3390/su13179574.
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Focus groups on shared, autonomous vehicles (SAVs) in New South Wales expressed “sharing anxiety”—an intense concern about the prospect of sharing their mobility journey with strangers, without a driver or authority figure present. This presents a significant barrier to the acceptance of SAVs, particularly autonomous public and on-demand transport (ODT), which is a major focus for Transport for New South Wales (TfNSW). Given this potential barrier, we interviewed (N = 13) operators, academics, and regulators with TfNSW to assess their role and abilities in overcoming sharing anxiety. However, our findings revealed a relative lack of awareness from experts in the mobility industry about the existence of sharing anxiety in users, suggesting additional barriers to adoption. We make suggestions for policy considerations for stakeholders that could mitigate sharing anxiety: promoting dynamic ridepooling products in commercial services, using tax breaks as incentivization; requiring ODT services and operators in jurisdiction to use a standardized, unified interface for users (“single-app”); shared, on-demand transport services likely need longer incubation/pilot periods in order for the sharing behavior to become culturally established. We conclude with a reflection on how COVID-19 has impacted the development of shared mobility and suggest further exploration in policy implementation.
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McFarlane, Kath. "Care-criminalisation: The involvement of children in out-of-home care in the New South Wales criminal justice system." Australian & New Zealand Journal of Criminology 51, no. 3 (August 8, 2017): 412–33. http://dx.doi.org/10.1177/0004865817723954.
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This article discusses the involvement in the New South Wales criminal justice system of a cohort of children in out-of-home care. The paper reports the findings of a four-year research project that investigated the relationship between the child welfare and justice systems as experienced by a cohort of children in the New South Wales Children’s Court criminal jurisdiction. Analysis of 160 case files identified that children in out-of-home care appeared before the Children’s Court on criminal charges at disproportionate rates compared to children who were not in out-of-home care. The out-of-home care cohort had a different and negative experience of the justice system, entering it at a significantly younger age and being more likely to experience custodial remand, than children who had not been in out-of-home care. While both cohorts shared many of the risk factors common to young offenders appearing before the Children’s Court, the out-of-home care cohort experienced significant additional disadvantage within the care environment (‘care-criminalisation’), such that living arrangements designed to protect them from harm instead created the environment for offending. The paper concludes by arguing that a paucity of research exists regarding the drivers and dynamics of care-criminalisation and that more research is needed to explore the criminogenic impacts of a childhood spent in out-of-home care.
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McNamara, Luke. "Research Report: A Profile of Racial Vilification Complaints Lodged with the new South Wales Anti-Discrimination Board." International Journal of Discrimination and the Law 2, no. 4 (September 1997): 349–78. http://dx.doi.org/10.1177/135822919700200406.
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In 1989 New South Wales became the first State in Australia to legislate against racial vilification. The introduction of this legislation, and discussion of similar provisions in other jurisdictions, rekindled debates about the legitimacy of legal limits on hate speech. However, little is known about the practical operation of antivilification laws. This report presents the results of a survey of more than 160 racial vilification complaints handled by the New South Wales Anti-Discrimination Board from 1993 to 1995. The profile of the legislation in practice presented here provides a valuable empirical foundation for critical assessment of anti-vilification provisions and of the conciliation based procedure which is currently employed in handling complaints.
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O'Neill, Michael F., George M. Leigh, You-Gan Wang, J. Matías Braccini, and Matthew C. Ives. "Linking spatial stock dynamics and economics: evaluation of indicators and fishery management for the travelling eastern king prawn (Melicertus plebejus)." ICES Journal of Marine Science 71, no. 7 (February 3, 2014): 1818–34. http://dx.doi.org/10.1093/icesjms/fst218.
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Abstract Reduced economic circumstances have moved management goals towards higher profit, rather than maximum sustainable yields in several Australian fisheries. The eastern king prawn is one such fishery, for which we have developed new methodology for stock dynamics, calculation of model-based and data-based reference points and management strategy evaluation. The fishery is notable for the northward movement of prawns in eastern Australian waters, from the State jurisdiction of New South Wales to that of Queensland, as they grow to spawning size, so that vessels fishing in the northern deeper waters harvest more large prawns. Bioeconomic fishing data were standardized for calibrating a length-structured spatial operating model. Model simulations identified that reduced boat numbers and fishing effort could improve profitability while retaining viable fishing in each jurisdiction. Simulations also identified catch rate levels that were effective for monitoring in simple within-year effort-control rules. However, favourable performance of catch rate indicators was achieved only when a meaningful upper limit was placed on total allowed fishing effort. The methods and findings will allow improved measures for monitoring fisheries and inform decision makers on the uncertainty and assumptions affecting economic indicators.
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Fine, J. David. "Issues in firearms control: a critique of the 1985 New South Wales legislation." Australian & New Zealand Journal of Criminology 18, no. 4 (December 1985): 257–71. http://dx.doi.org/10.1177/000486588501800406.
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New South Wales recently has adopted significant amendments to its firearms control laws. In so doing it has evinced certain fundamental policy choices. These relate to matters including gun registration and the licensing of gun owners; controls on ammunition; the appropriate locus of discretion in firearms control matters; the appropriate controls for especially dangerous types of firearms; the situation of primary producers; reciprocity in firearms licensing within Australia; and the collection of historically significant firearms. This article identifies the policy preferences implicit in the 1985 New South Wales law. It then proceeds to critique these policy decisions with reference to patterns of law (present and emerging) in the country's other jurisdictions, and the relevant secondary literature in the field. While concluding that the newly amended New South Wales legislation remains “functional and purposive”, on the whole, the article ends with a problematic for the future. VII. And be it further enacted, That every person who shall be found with any fire-arms, or other instruments of a violent nature, in his possession, and shall not prove to the satisfaction of the Justices of the Peace as aforesaid, that the same was or were not intended to be illegally used, as hereinbefore is provided, shall be deemed to be guilty of a high misdemeanour, …A
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Barut, Meropy, Jean Raar, and Mohammad I. Azim. "Biodiversity and local government: a reporting and accountability perspective." Managerial Auditing Journal 31, no. 2 (February 1, 2016): 197–227. http://dx.doi.org/10.1108/maj-08-2014-1082.
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Purpose – The purpose of this study is to illuminate the disclosure of biodiversity material contained in the reported information of 151 local government authorities (LGAs) in New South Wales, Australia. The introduction of the 1992 Convention on Biological Diversity (an international treaty to sustain the rich diversity of life on earth) has made the issue of fauna management and monitoring, and the associated requirement for cost-effective information, much more important. As local communities are best placed to make decisions about the protection of their local environments, the content in external reports and other disclosures allows stakeholders to gauge how accountable LGAs are regarding the conservation of biodiversity within their geographical jurisdiction. Design/methodology/approach – Content analysis was used to analyze the disclosures of these LGAs. Findings – The results reveal marked differences in the reporting of biodiversity issues. In fact, LGAs in the state of New South Wales (Australia) have been, at best, lukewarm in their disclosure of strategic information relating to biodiversity, particularly in their strategic goals and plans. Originality/value – This paper contributes to the academic literature on biodiversity reporting by investigating existing reporting practices and providing evidence that a universally adopted framework for biodiversity reporting and reporting of local native fauna is required. In particular, the impacts of these practices need to be properly understood for LGAs to provide accountability to their stakeholders.
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Assareh, Hassan, Joanne M. Stubbs, Lieu T. T. Trinh, Poorani Muruganantham, Bin Jalaludin, and Helen M. Achat. "Variation in Hospital Use at the End of Life Among New South Wales Residents Who Died in Hospital or Soon After Discharge." Journal of Aging and Health 32, no. 7-8 (May 26, 2019): 708–23. http://dx.doi.org/10.1177/0898264319848582.
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Objective: Hospital use increases in the last 3 months of life. We aimed to examine its association with where people live and its variation across a large health jurisdiction. Methods: We studied a number of emergency department presentations and days spent in hospital, and in-hospital deaths among decedents who were hospitalized within 30 days of death across 153 areas in New South Wales (NSW), Australia, during 2010-2015. Results: Decedents’ demographics and health status were associated with hospital use. Primary care and aged care supply had no or minimal influence, as opposed to the varying effects of areal factors—socioeconomic status, remoteness, and distance to hospital last admitted. Overall, there was an approximate 20% difference in hospital use by decedents across areas. In all, 18% to 57% of areas had hospital use that differed from the average. Discussion: The observed disparity can inform targeted local efforts to strengthen the use of community care services and reduce the burden of end-of-life care on hospitals.
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Catanzariti, Joseph, and Simon Brown. "Major Tribunal Decisions in 2007." Journal of Industrial Relations 50, no. 3 (June 2008): 429–46. http://dx.doi.org/10.1177/0022185608089998.
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Despite relatively low levels of industrial disputation in 2007, the AIRC delivered some significant decisions in relation to the `genuine operational reasons' exclusion to the unfair dismissal jurisdiction, and secret ballots for protected industrial action. However, arguably the most significant decisions in 2007 came from the Supreme Court of New South Wales and the Federal Court of Australia. These decisions illustrate that the common law contract of employment provides (increasingly) robust protections to employees from workplace injustices. This article examines recent developments in relation to the implied duties of good faith and of mutual trust and confidence. It also considers the prevalence of workplace policies in modern workplace relations and the circumstances in which workplace polices might give rise to enforceable contractual obligations and common law remedies for breach.
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Allouf, David, Andrew Martel, and Alan March. "Discretion versus prescription: Assessing the spatial impact of design regulations in apartments in Australia." Environment and Planning B: Urban Analytics and City Science 47, no. 7 (January 28, 2019): 1260–78. http://dx.doi.org/10.1177/2399808318825273.
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The Victorian Government introduced the Better Apartment Design Guidelines in 2017. The introduction of these new regulations is a response to growing criticism over the quality of the large number of apartments recently constructed in Melbourne. This concern is shared in other Australian cities, but until now Victorian planning regulations have been the least prescriptive and most permissive in terms of apartment design parameters of any Australian jurisdiction. Reflecting on these concerns raises several questions in terms of the effectiveness of regulating for quality. Does regulating design in apartments improve quality or stifle innovation? Can the effect be measured, given the large number of exogenous factors involved in apartment production, and what might this tell us about the nature of ‘good-design’ and ‘quality-in-apartments’? This study explores the way in which different development control systems regulating apartment design impact the quality of internal apartment design. The two systems chosen, operating in Victoria and New South Wales, have been considered per Booth’s framework of regulatory and discretionary development control systems with the previous Victorian system seen as discretionary and the New South Wales approach a mix of regulatory-discretionary controls. Ten planning applications for high-rise residential developments were selected from Melbourne and Sydney. These were analysed against a set of good design principles defined by reviewing relevant literature and existing regulations. The results of the paper suggest the intuition of the Victorian Government that some form of intervention in the market is warranted to safeguard quality is likely to be correct.
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Willcocks, R. M. "COMMERCIAL ASPECTS OF UNDERGROUND GAS STORAGE IN AUSTRALIA." APPEA Journal 27, no. 1 (1987): 28. http://dx.doi.org/10.1071/aj86003.
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Underground gas storage is becoming increasingly important in Australia with the discovery of significant gas reserves, mostly in places distant from the expanding markets for gas.Gas has been stored in the offshore Barracouta Field since 1971 and storage projects are either being considered or underway in New South Wales, South Australia, Western Australia and the Northern Territory.Although not a great deal of attention has been paid to the legal, tax and administrative aspects of underground gas storage, the position is likely to change the more it becomes apparent that such storage is commercially and technically viable.The applicable legal regime will depend on the location of the storage. Offshore gas storage on the continental shelf beyond the coastal waters of a state is subject to Commonwealth jurisdiction. In state coastal waters, it is subject to state laws. Onshore, it is subject to the jurisdiction of the state or territory in which the storage occurs.Offshore beyond state coastal waters the Australian government has sovereign rights over the continental shelf for the purposes of exploring the continental shelf and exploiting its natural resources.There are a number of legal uncertainties which arise from gas storage which will be of concern to financiers as well as gas storers. With certain exceptions, there is doubt as to ownership of stored gas, and the right to inject and store gas. The right of withdrawal however would appear to fall under the right which normally exists under a production lease to 'mine' petroleum, or to conduct 'petroleum mining operations'. Except in Victoria, and to a significantly lesser extent South Australia, there is very little legislative guidance on the topic and related issues.The question whether stored gas is trading stock is the subject of Income Tax Ruling 2190 of 10 September 1985. This puts at rest, in practical terms, in any event, some of the doubts which existed as to the characterisation for income tax purposes of gas stored near the place of original extraction — the ruling concluded that 'reinjected processed gas should not be treated as trading stock for income tax purposes'.It is concluded that there is a good case for those Australian jurisdictions in which gas storage is occurring, or is about to occur, to provide legislation to eliminate the uncertainties.
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Masri, T., and D. R. Paudyal. "DEVELOPMENT OF 3D CADASTRE IN NEW SOUTH WALES THROUGH E-PLAN LODGEMENT." ISPRS Annals of the Photogrammetry, Remote Sensing and Spatial Information Sciences V-4-2021 (June 17, 2021): 139–46. http://dx.doi.org/10.5194/isprs-annals-v-4-2021-139-2021.
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Abstract. With rapid growth of urban environments worldwide, there is an increasing need to develop more innovative and efficient land administration systems. In Australia, various jurisdictions are currently in the process of implementing 3D cadastre to support better land administration services to the wider community. The ‘Cadastre 2034 Strategy’ published by the Intergovernmental Committee on Surveying and Mapping (ICSM) for Australia in 2014 indicates that a digital cadastre will be implemented as part of that strategy. As part of development of 3D cadastre, State of New South Wales has used the ePlan model based on LandXML for digital lodgement and validation of cadastral plans. This initiative aims to replace PDF cadastral plans with the digital format of LandXML. However, with the introduction of LandXML as the chosen formats for digital cadastral plans in NSW, there has been a significantly low level of Strata Plan digital capture and submission in LandXML format by the surveying industry. The research aims to identify the main challenges and explore a suitable method to improve the adoption of the digital format for Strata Plan submission and development of 3D cadastre in NSW. In this research paper, a mixed method research approach has been used by integrating both qualitative and quantitative data. The primary data was collected using online questionnaires and surveys of different stakeholders from government and the private surveying industry. The data allowed for the assessment of the effectiveness and implications of the digital system currently maintained by the NSW LRS (Land Registry Services). A case study was used for the creation, validation and lodgement of an existing strata plan using LandXML format. This paper demonstrates that implementation of 3D digital cadastral plans needs to be more structured in order to satisfy all stakeholders involved. More investment into the representation of complex 3D geometric models and classification for validation will improve the uptake by surveyors. The paper concludes with a discussion on the implications of the proposed strata plan implementation strategy and proposes future research within the topic of strata plan validation in NSW, Australia.
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McManus, Phil. "The Potential and Limits of Progressive Neopluralism: A Comparative Study of Forest Politics in Coastal British Columbia and South East New South Wales during the 1990s." Environment and Planning A: Economy and Space 34, no. 5 (May 2002): 845–65. http://dx.doi.org/10.1068/a3429.
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During the 1990s the management of forests in British Columbia (Canada) and New South Wales (Australia) underwent many changes. For most of the decade the governments in both of these political jurisdictions were more socially and environmentally aware than their immediate predecessors. They were, however, far short of what many environmental and social activists desired. The New Democratic Party in British Columbia, led to government by Mike Harcourt, and the Australian Labor Party in New South Wales led by Bob Carr, may both be described as ‘centre-left/light-green’ in their political persuasions. This paper develops the regulation approach to explore the achievements, the potential and the limitations of these governments in the area of forest politics. It is argued that these governments implicitly adopted a progressive neopluralist approach to forest politics and attempted to manage environmental conflict by securing the agreement of many diverse interest groups. The experience of these two governments raises questions about the potential and limitations not just of the particular governments, but of a progressive neopluralist political strategy to achieve sustainable forest management.
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Clancey, Garner, Jedidiah Evans, and Leili Friedlander. "Some long-term positive trends in youth detention in New South Wales (Australia)." Safer Communities 22, no. 1 (February 16, 2023): 15–27. http://dx.doi.org/10.1108/sc-06-2022-0023.
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Purpose The purpose of this study is to highlight some long-term positive trends in youth detention in New South Wales (NSW) (Australia). Design/methodology/approach This paper is based on a review of major inquiries into youth detention in NSW over the last 40 years and analysis of recently published youth custody statistics. Findings There have been a number of positive long-term trends in youth detention in NSW, including a significant reduction in the number of young people held in custody, including the number (as opposed to the proportion) of Aboriginal and Torres Strait Islander young people; the total number of youth custody beds has fallen, and there has been a significant positive change in the physical accommodation provided to young people in youth detention, with new facilities replacing unsuitable former centres; and no young person has died in custody (though there was the tragic death of an assistant teaching instructor in 1999) since 1990. These significant positive long-term trends are often lost in the criticisms levelled at the youth justice system. Originality/value This paper highlights a series of positive developments that have generally received little or no attention in the extant literature. Australia, as with other jurisdictions, has had a series of damning reviews of youth detention in recent years. While the issues raised in these reviews and inquiries are important and should necessarily be addressed, it is equally important to acknowledge significant positive trends.
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Lunney, Daniel, Stephen Phillips, John Callaghan, and Dionne Coburn. "Determining the distribution of Koala habitat across a shire as a basis for conservation: a case study from Port Stephens, New South Wales." Pacific Conservation Biology 4, no. 3 (1998): 186. http://dx.doi.org/10.1071/pc980186.
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The Australian National Koala Conservation Strategy recognizes the importance of conserving Koalas in their existing habitat, particularly through the integration of Koala conservation into local government planning (ANZECC 1998). The aim of this study was to define, rank and map the distribution of Koala habitat in Port Stephens Shire, New South Wales. The procedure was to merge the results of two independent survey techniques, each of which was interpreted using a vegetation map specifically prepared for this study. A field survey used a plot-based sampling protocol to determine tree species preferences based on the presence/absence of Koala faecal pellets. Data were obtained on 8 764 trees comprising 19 eucalypt and 12 non-eucalypt species. A high-profile community survey obtained 2 756 Koala records. Koala habitat maps from both survey methods were examined as overlapping GIS layers. Combined Koala habitat categories were then devised, ranked and mapped across the Shire. This study provides a practical and repeatable means of identifying and conserving Koala habitat in existing remnant vegetation over which local government has planning jurisdiction.
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van Spijker, Bregje A., Jose A. Salinas-Perez, John Mendoza, Tanya Bell, Nasser Bagheri, Mary Anne Furst, Julia Reynolds, et al. "Service availability and capacity in rural mental health in Australia: Analysing gaps using an Integrated Mental Health Atlas." Australian & New Zealand Journal of Psychiatry 53, no. 10 (June 28, 2019): 1000–1012. http://dx.doi.org/10.1177/0004867419857809.
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Objective: Access to services and workforce shortages are major challenges in rural areas worldwide. In order to improve access to mental health care, it is imperative to understand what services are available, what their capacity is and where existing funds might be spent to increase availability and accessibility. The aim of this study is to investigate mental health service provision in a selection of rural and remote areas across Australia by analysing service availability, placement capacity and diversity. Method: This research studies the health regions of Western New South Wales and Country Western Australia and their nine health areas. Service provision was analysed using the DESDE-LTC system for long-term care service description and classification that allows international comparison. Rates per 100,000 inhabitants were calculated to compare the care availability and placement capacity for children and adolescents, adults and older adults. Results: The lowest diversity was found in northern Western Australia. Overall, Western New South Wales had a higher availability of non-acute outpatient services for adults, but hardly any acute outpatient services. In Country Western Australia, substantially fewer non-acute outpatient services were found, while acute services were much more common. Acute inpatient care services were more common in Western New South Wales, while sub-acute inpatient services and non-acute day care services were only found in Western New South Wales. Conclusion: The number and span of services in the two regions showed discrepancies both within and between regions, raising issues on the equity of access to mental health care in Australia. The standard description of the local pattern of rural mental health care and its comparison across jurisdictions is critical for evidence-informed policy planning and resource allocation.
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Davies, Paul S. "INTERPRETATION AND RECTIFICATION IN AUSTRALIA." Cambridge Law Journal 76, no. 3 (November 2017): 483–86. http://dx.doi.org/10.1017/s0008197317000733.
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Both interpretation and rectification continue to pose problems. Difficulties are compounded by blurring the boundary between the two. In Simic v New South Wales Land and Housing Corporation [2016] HCA 47, the High Court of Australia overturned the decisions of the lower courts which had held that performance bonds could be interpreted in a “loose” manner in order to correct a mistake. However, the documents could be rectified in order to reflect the actual intentions of the parties. This decision should be welcomed: the mistake was more appropriately corrected through the equitable jurisdiction than at common law. Significantly, the concurring judgments of French C.J. and Kiefel J. highlight that the law of rectification now seems to be different in Australia from the law in England. It is to be hoped that the English approach will soon be revisited (see further P. Davies, “Rectification versus Interpretation” [2016] C.L.J. 62).
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Roberts-Witteveen, April, Kate Pennington, Nasra Higgins, Carolyn Lang, Monica Lahra, Russell Waddell, and John Kaldor. "Epidemiology of gonorrhoea notifications in Australia, 2007–12." Sexual Health 11, no. 4 (2014): 324. http://dx.doi.org/10.1071/sh13205.
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Background An increase in the notification rate of gonorrhoea was observed in the national surveillance system. In Australia, gonorrhoea is relatively rare, apart from among some populations of Aboriginal people and men who have sex with men. Methods: Data about gonorrhoea cases reported between 2007 and 2012 from all Australian jurisdictions were extracted from the National Notifiable Diseases Surveillance System. Analyses were undertaken of the time trends in counts and rates, according to jurisdiction, gender, Aboriginal and Torres Strait Islander status, diagnosis method and sexual orientation. Results: The largest increase in notifications between 2007 and 2012 was observed in both men and women in New South Wales (2.9- and 3.7-fold greater in 2012 than 2007, respectively) and Victoria (2.4- and 2.7-fold greater in 2012 than 2007, respectively), men in the Australian Capital Territory and women in Queensland. The highest notification rates remained in Indigenous people in the Northern Territory and Western Australia, and particularly in women, although rates may have decreased over the study period. Changes in age and sex distribution, antimicrobial resistance and patterns of exposure and acquisition were negligible. Conclusions: There is an ongoing gonorrhoea epidemic affecting Aboriginal and Torres Strait Islander people in Australia, but the increases in notifications have occurred primarily in non-Aboriginal populations in the larger jurisdictions. Interpretation of these surveillance data, especially in relation to changes in population subgroups, would be enhanced by laboratory testing data. Further efforts are needed to decrease infection rates in populations at highest risk.
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Gray, Jonathan M., Greg A. Chapman, and Brian W. Murphy. "Land management within capability: a new scheme to guide sustainable land management in New South Wales, Australia." Soil Research 53, no. 6 (2015): 683. http://dx.doi.org/10.1071/sr14196.
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A new evaluation scheme, land management within capability (LMwC), used to guide sustainable land management in New South Wales (NSW), is presented. The scheme semi-quantitatively categorises the potential impacts of specific land-management actions and compares these with the inherent physical capability of the land in relation to a range of land-degradation hazards. This leads to the derivation of LMwC indices, which signify the sustainability of land-management practices at the scale of individual sites up to broader regions. The LMwC scheme can be used to identify lands at greatest risk from various land-degradation hazards. It can help to guide natural resource agencies at local, regional and state levels to target priorities and promote sustainable land management across their lands. Few other schemes that assess the sustainability of a given land-management regime in a semi-quantitative yet pragmatic manner are found in the literature. The scheme has particular application for regional soil-monitoring programs and it was applied in such a program over NSW in 2008–09. The results suggested that the hazards most poorly managed across the state are wind erosion, soil acidification and soil organic carbon decline. The LMwC scheme, or at least its underlying concepts, could be readily applied to other jurisdictions.
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Cooper, Penny, and Michelle Mattison. "Intermediaries, vulnerable people and the quality of evidence." International Journal of Evidence & Proof 21, no. 4 (September 29, 2017): 351–70. http://dx.doi.org/10.1177/1365712717725534.
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Since 2004, witness intermediaries have been utilised across the justice system in England and Wales. Two witness intermediary schemes based on the English model have also been introduced in Northern Ireland (2013), and more recently, in New South Wales, Australia (2016). The purpose of the intermediary in these jurisdictions is to facilitate the questioning of vulnerable witnesses, but there are clear differences in the application of the role. This paper presents the first comparative review of the three related intermediary models, and highlights the pressing need for further research into the efficacy and development of the role in practice.
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Bernard, Diana, Susan Kippax, and Don Baxter. "Effective partnership and adequate investment underpin a successful response: key factors in dealing with HIV increases." Sexual Health 5, no. 2 (2008): 193. http://dx.doi.org/10.1071/sh07078.
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Background: Australia has mounted an effective response to HIV and AIDS by investing in evidence-informed policy. Recently, in response to increases in HIV in some states in Australia, the New South Wales Department of Health set up a ‘think tank’ to examine differences in epidemiological and behavioural data, policies, strategies and community responses in order to account for state-based differences and ensure an effective ongoing response to HIV. Methods: The National Centre in HIV Social Research undertook key informant interviews with major stakeholders to help understand differences in responses by the three states most affected by HIV in Australia – Queensland, New South Wales and Victoria. In parallel, the Australian Federation of AIDS Organisations completed an analysis of the investments in HIV-prevention activities targeting gay men in all jurisdictions in Australia. The Australian Federation of AIDS Organisations also analysed the strategic contexts and government responses to HIV in the three states. Results: There were significant differences between New South Wales, Queensland and Victoria in the way the HIV partnership functions. Type of prevention strategy and level of financial investment in prevention activities appear to be related to the effectiveness of the ongoing response to HIV. Conclusions: An active commitment to and adequate resourcing of HIV prevention by all stakeholders in the HIV partnership – government and non-government departments, researchers and gay community organisations – is crucial if Australia is to respond effectively to HIV among gay and other men who have sex with men.
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Lancaster, Kari, Caitlin Hughes, and Alison Ritter. "‘Drug dogs unleashed’: An historical and political account of drug detection dogs for street-level policing of illicit drugs in New South Wales, Australia." Australian & New Zealand Journal of Criminology 50, no. 3 (April 5, 2016): 360–78. http://dx.doi.org/10.1177/0004865816642826.
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This article provides an historical and descriptive account of the introduction and development of the use of drug detection dogs as a tool for street-level illicit drugs policing in one Australian jurisdiction, NSW. Within this account, the legal and political context in which drug detection dogs emerged and gained prominence is described. The introduction of drug detection dogs was contingent on the political imperatives at work throughout the 1990s in NSW, and the increased salience of both policing and illicit drugs issues at this time. In documenting the emergence of the use of drug detection dogs from the early 2000s, and the associated legal challenges and rapid legislative responses, the role of third sector organisations and the media in generating debate is notable. Debates concerning the dogs’ effectiveness emerged in the mid- to late-2000s, giving rise to anomalies between policy and evidence. The more recent legislative developments and public and political debate about drug detection dogs from 2012 to 2014 can be seen in light of this history. By taking a different view which situates decisions and events in their historical and political context, we begin to see the dynamic processes and contingency involved in the development and implementation of particular illicit drugs policing policies over time. As debate about drug detection dogs continues to play out, generating new insights into drugs policing policy processes is imperative.
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Roberts, David Andrew. "The ‘illegal sentences which magistrates were daily passing’: The Backstory to Governor Richard Bourke's 1832 Punishment and Summary Jurisdiction Act in Convict New South Wales." Journal of Legal History 38, no. 3 (September 2, 2017): 231–53. http://dx.doi.org/10.1080/01440365.2017.1387996.
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Fisher, Daren G., Phillip Wadds, and Garner Clancey. "The patchwork of alcohol-free zones and alcohol-prohibited areas in New South Wales (Australia)." Safer Communities 17, no. 2 (April 9, 2018): 94–102. http://dx.doi.org/10.1108/sc-06-2017-0025.
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Purpose Developing policies to curb public alcohol consumption is a priority for governments. In the Australian state of New South Wales (NSW), local governments have introduced alcohol-free zones (AFZs) and alcohol-prohibited areas (APAs) to prohibit the public consumption of alcohol and reduce crime stemming from intoxication. Previous studies, however, argue that these policies are driven by stakeholder desire rather than alcohol-related crime and may result in increased criminal justice contact for vulnerable populations. The purpose of this paper is to estimate the number of AFZs and APAs in NSW and examine the extent to which these policies are connected to the frequency of alcohol-related crime. Design/methodology/approach Examining the 152 local government areas (LGAs) of NSW, the authors analysed whether the implementation of AFZs and APAs were linked to the frequency of liquor offences and assaults using group-based trajectory models. Findings The authors found that AFZs and APAs were often not advertised nor inconsistently implemented both across and within jurisdictions. Group-based trajectory models indicated that AFZs were more common in low liquor offence LGAs than high liquor offences LGAs, but were more frequently implemented in high assault LGAs compared to low assault LGAs. APAs were more common in the lowest crime LGAs compared to those LGAs that experienced higher levels of recorded crime. Originality/value These analyses demonstrate how widespread AFZs and APAs have become and provides evidence that the implementation of is only tenuously linked to the frequency of crime.
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Williams, Peter, Tanya Hazlewood, and Glen Pang. "Development of nutrition standards and therapeutic diet specifications for public hospitals in New South Wales." Australian Health Review 38, no. 4 (2014): 467. http://dx.doi.org/10.1071/ah13215.
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In New South Wales (NSW), a new suite of nutrition standards for menus and specifications for therapeutic diets to be used in hospitals has been developed. These standards were required to facilitate centralised menu planning and food production, with the move to management of most hospital food services by HealthShare NSW, a state-wide business unit of NSW Health. The standards also aim to improve communication between health professionals, particularly with the increasing use of computerised meal-ordering systems. Nutrition standards have been developed for adult, paediatric and mental health inpatients, and specifications for 147 different adult and paediatric therapeutic diets. There is still significant variation in the nutrition standards for nutrition and therapeutic diets in hospitals across the Australian states, and a move to a more nationally harmonised approach would be welcome. Further research is required to examine the impact of these standards on operating efficiency and patient care outcomes. What is known about the topic? The development of nutrition standards for Australian hospitals is a new process and has not been described in the literature previously. What does this paper add? This paper provides a description of the process used in NSW to develop nutrition and diet standards, and citations of the key new documents, which could inform practitioners and policy makers in other states. What are the implications for practitioners? Hospital managers, foodservice staff, dietitians and other clinicians in NSW will need to be aware of the requirement in the new standards to ensure best practice care. Those in other jurisdictions should try to ensure movement towards more nationally consistent guidelines and standards.
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Lowenfeld, Andreas F. "Forum Non Conveniens and Antisuit Injunctions: An Update." American Journal of International Law 92, no. 1 (January 1998): 41–43. http://dx.doi.org/10.2307/2998060.
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In the April 1997 issue of the Journal, I reported on three cases in which the response to an action brought in the court of one country led not to an answer, but to a countersuit in another country—for an antisuit injunction, a declaration of nonliability or both. One of the cases I discussed arose out of a controversy between an asbestos manufacturer, CSR, and a group of insurance companies, the Cigna Group, that may or may not have been obligated to defend and indemnify the manufacturer in respect of claims in the United States for product liability. The manufacturer brought suit in federal court in New Jersey, raising both contract and antitrust claims. The insurers, as I reported, succeeded in securing an antisuit injunction in the Supreme Court of New South Wales (a court of first instance), and thereafter in defeating a motion by the manufacturer to stay or dismiss, on grounds of forum non conveniens, the insurers’ action seeking a declaration of nonliability. I thought that outcome was wrong: in my view, the Australian court should not have stepped into the controversy, and the insurers should have brought their challenge to the jurisdiction and suitable venue of the New Jersey court in that court.
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Wertheimer, Graeme, and Luke R. Bereznicki. "Exploring the Quality of Anticoagulant Prescribed for Patients With Atrial Fibrillation at the St John of God Hawkesbury District Health Centre, New South Wales, Australia." Journal of Cardiovascular Pharmacology and Therapeutics 24, no. 1 (July 1, 2018): 46–53. http://dx.doi.org/10.1177/1074248418786264.
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Background: Limited data are available on the clinical management of atrial fibrillation (AF) and its outcomes from an Australian perspective. Objective: To describe the appropriateness of antithrombotic prescribing for patients who presented with a diagnosis of AF to the Hawkesbury St John of God Hospital, New South Wales, Australia. Methods: This retrospective observational study reviewed patients admitted to St John of God Hawkesbury Hospital with AF between June 2016 and June 2017. We calculated stroke risk using the CHA2DS2-VASc score based on medical records and reviewed the appropriateness of oral anticoagulant (OAC) prescribing compared to the 2016 European Society of Cardiology guidelines. Patients were excluded if they had only 1 episode of AF that reverted either spontaneously or upon cardioversion without any documented recurrences. Results: A total of 200 patients (18 years) were included, with 180 (90%) deemed eligible for anticoagulation. Of these 72.8% (n = 131) were prescribed an OAC. A total of 40.0% of patients at low risk of stroke and 68.4% at intermediate risk were prescribed an OAC, respectively. Apixaban was the direct OAC of choice with 36.6% of patients prescribed an OAC receiving apixaban. Warfarin was prescribed for 25.1% of the patients who were prescribed an OAC. Conclusions: The underutilization of anticoagulant medication in high-risk groups and over utilization in low-risk groups remains an ongoing issue in contemporary AF management, and it highlights the need to improve AF-related stroke prevention in our jurisdiction.
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Bastani, Amir, and Colin Gavaghan. "Challenges to "a Most Dangerous Doctrine" or a "Fantastic Theory" of Volitional Insanity." Victoria University of Wellington Law Review 47, no. 4 (December 1, 2016): 545. http://dx.doi.org/10.26686/vuwlr.v47i4.4788.
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In theory, an insanity defence can take two forms: the cognitive form (C-insanity) and the volitional form (V-insanity). The defence of C-insanity recognises that a disordered state of mind can make the ability to understand the nature of an action impossible. On the other hand, V-insanity is recognised in some common law jurisdictions, such as all jurisdictions in Australia except for Victoria and New South Wales, and is a full defence. It recognises that a disordered state of mind can make the exercise of self-control impossible. However, that disordered state of mind does not necessarily affect the understanding of the nature of the act impossible.
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Causbrook, Madeleine. "Taking controlling and coercive behaviour seriously: Criminalising domestic violence in NSW." Alternative Law Journal 43, no. 2 (June 2018): 102–7. http://dx.doi.org/10.1177/1037969x18772160.
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This article argues that New South Wales (NSW) needs a domestic violence offence to criminally sanction controlling and coercive behaviour in relationships, and communicate that the harm particular to domestic violence deserves special recognition by the criminal law. It examines formulations of domestic abuse offences in domestic and international jurisdictions and suggests the merits of moving away from offences that focus on physical harm and subjective intention. Finally, a new domestic violence offence is proposed that is modelled on the UK's controlling or coercive behaviour offence, but more precisely defines ‘controlling’ and ‘coercive’ behaviours, and better accords with existing legislation.
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Mol, Charlotte. "Children’s Representation in Family Law Proceedings." International Journal of Children’s Rights 27, no. 1 (February 16, 2019): 66–98. http://dx.doi.org/10.1163/15718182-02701001.
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In the debate on child participation in family law proceedings, a pertinent question is whether or not to provide children with representation and if so, how to provide it. Article 12 of the United Nations Convention on the Rights of the Child (uncrc) provides minimum standards for the child’s right to express views and to do so, in judicial proceedings, through a representative. This article takes these minimum standards as a yardstick to evaluate the legal frameworks of child representation in the family law proceedings of four jurisdictions: Australia (New South Wales), France, the Netherlands and South Africa. On the basis of a systematic legal comparison and evaluation, this article presents a “compliance report card” and concludes with new insights and questions regarding children’s representation and Article 12, uncrc.
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Gallo-Cajiao, Eduardo. "Evidence is required to address potential albatross mortality in the New South Wales Ocean Trawl fishery." Pacific Conservation Biology 20, no. 3 (2014): 328. http://dx.doi.org/10.1071/pc140328.
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To examine the current management of trawl fisheries is important to ensure albatross mortality is not being overlooked. By-catch of albatrosses in trawl fisheries occurs cryptically, which has hindered the development of conservation policy. The implementation of tasked seabird observer programmes in trawl fisheries, nevertheless, has shown that albatross mortality can happen at threatening levels. Consequently, mitigation measures have been developed and adopted in some trawl fisheries. Despite this, some trawl fisheries lack clear policy in relation to albatross mortality. In this context, I investigated the management of potential albatross mortality in a state trawl fishery, the New South Wales Ocean Trawl, in Australia. I conducted a literature search and addressed a set of questions to the responsible management agency through questions on notice at the State Parliament of New South Wales to understand albatross interactions from a policy standpoint. My results indicate that current policy neither encompasses albatross mortality nor is evidence-based. However, the combination of characteristics of this fishery and its overlap with albatross occurrence, along with the reported albatross mortality from other trawl fisheries, may warrant the need to collect empirical evidence on potential albatross interactions. Hence, the responsible management agency should take action according to legal obligations. In this scenario, I recommend the implementation of a tasked seabird observer programme, collection of baseline data, and adoption of adaptive management by the examined fishery. As uncertainty can hamper conservation efforts because management actions require evidence, it is imperative to fill current information gaps in this fishery. Additionally, an improved understanding of albatross mortality from individual trawl fisheries across different fisheries management jurisdictions will enable the prioritization of conservation efforts of this avian taxon in an international and multi-gear fishing context.
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Lynch, T. P., C. B. Smallwood, F. A. Ochwada-Doyle, J. Lyle, J. Williams, K. L. Ryan, C. Devine, B. Gibson, and A. Jordan. "A cross continental scale comparison of Australian offshore recreational fisheries research and its applications to Marine Park and fisheries management." ICES Journal of Marine Science 77, no. 3 (June 10, 2019): 1190–205. http://dx.doi.org/10.1093/icesjms/fsz092.
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Abstract Recreational fishing is popular in Australia and is managed by individual states in consultation with the Commonwealth for those fisheries that they regulate and also for Australian Marine Parks (AMPs). Fishers regularly access both state and offshore Commonwealth waters but this offshore component of the recreational fishery is poorly understood. Our study tested the functionality of existing state-based surveys in Western Australia (WA) and New South Wales (NSW) to better inform Commonwealth fisheries and AMP managers about recreational fishing in their jurisdictions. Catch estimates for nine species of interest to the Commonwealth were developed and two case study AMPs [Ningaloo (WA) and The Hunter (NSW)] were also chosen to test the ability of the state survey data to be disaggregated to the park scale. As each state’s fishery survey designs were contextual to their own management needs, the application of the data to Commonwealth jurisdictions were limited by their statistical power, however aspects of each states surveys still provided useful information. Continued evolution of state-wide survey methods, including collection of precise spatial data, and regional over-sampling would be beneficial, particularly where there are multiple stakeholder and jurisdictional interests. National coordination, to temporally align state surveys, would also add value to the existing approaches.
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Mason, Sir Anthony. "Reflections of an Itinerant Judge in the Asia-Pacific Region." International Journal of Legal Information 28, no. 2 (2000): 311–35. http://dx.doi.org/10.1017/s0731126500009112.
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Since my retirement from the High Court of Australia in April 1995, I have pursued various activities. As Chairman of the National Library 1995-1998, National Fellow at the Australian National University and Chancellor of the University of New South Wales, I have been concerned with some current issues concerning libraries, including funding and copyright reform. My main purpose on this occasion is to speak about my experiences as a judicial rover in Fiji, the Solomon Islands and Hong Kong, jurisdictions in which I have been sitting as a Judge and as a lecturer at the Chinese National Judges College in Beijing.
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Michael, Brent, and Karen Coleman. "COMPENSATION AND COASTAL PROTECTION." Coastal Engineering Proceedings, no. 36v (December 28, 2020): 32. http://dx.doi.org/10.9753/icce.v36v.management.32.
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In this presentation, the authors examine the circumstances in which public bodies and professionals retained by them can be liable to pay monetary compensation for erosion damage. Coastal engineering, together with the analysis of coastal processes, play an important role in this legal landscape. Public bodies may come under a duty to implement defensive works; but equally they may be responsible for adverse impacts from them, such as end effects erosion. Coastal engineers may be engaged to provide critical protective works; but they may be liable where works are not designed or built to required standards or for stipulated purposes. Difficulties in assessing likely risk due to changes associated with climate change add an additional dimension with the increased risk of failure of protective works facing conditions which may not have previously been considered in the design criteria. Drawing from a decade of experience acting for litigants and property owners in erosion hotspots in New South Wales, the authors identify the key principles that apply in Australia and other common law jurisdiction and discuss how these rules can apply to scenarios where a disaster arises on any coastline. Some of the cases covered were included in the 2017 review by the United Nations entitled "The Status of Climate Change Litigation".
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Hewawasam, Erandi, Aarti Gulyani, Christopher E. Davies, Elizabeth Sullivan, Sally Wark, Philip A. Clayton, Stephen P. McDonald, and Shilpanjali Jesudason. "Parenthood and pregnancy in Australians receiving treatment for end-stage kidney disease: protocol of a national study of perinatal and parental outcomes through population record linkage." BMJ Open 10, no. 5 (May 2020): e036329. http://dx.doi.org/10.1136/bmjopen-2019-036329.
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IntroductionAchieving parenthood is challenging in individuals receiving renal replacement therapy (RRT; dialysis or kidney transplantation) for end-stage kidney disease. Decision-making regarding parenthood in RRT recipients should be underpinned by robust data, yet there is limited data on parental factors that drive adverse health outcomes. Therefore, we aim to investigate the perinatal risks and outcomes in parents receiving RRT.Methods and analysisThis is a multijurisdictional probabilistic data linkage study of perinatal, hospital, birth, death and renal registers from 1991 to 2013 from New South Wales, Western Australia, South Australia and the Australian Capital Territory. This study includes all babies born ≥20 weeks’ gestation or 400 g birth weight captured through mandated data collection in the perinatal data sets. Through linkage with the Australian and New Zealand Dialysis and Transplant (ANZDATA) registry, babies exposed to RRT (and their parents) will be compared with babies who have not been exposed to RRT (and their parents) to determine obstetric and fetal outcomes, birth rates and fertility rates. One of the novel aspects of this study is the method that will be used to link fathers receiving RRT to the mothers and their babies within the perinatal data sets, using the birth register, enabling the identification of family units. The linked data set will be used to validate the parenthood events directly reported to ANZDATA.Ethics and disseminationEthics approval was obtained from Human Research Ethics Committees (HREC) and Aboriginal HREC in each jurisdiction. Findings of this study will be disseminated at scientific conferences and in peer-reviewed journals in tabular and aggregated forms. De-identified data will be presented and individual patients will not be identified. We will aim to present findings to relevant stakeholders (eg, patients, clinicians and policymakers) to maximise translational impact of research findings.
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Morgan, Jess A. T., Wayne D. Sumpton, Andrew T. Jones, Alexander B. Campbell, John Stewart, Paul Hamer, and Jennifer R. Ovenden. "Assessment of genetic structure among Australian east coast populations of snapper Chrysophrys auratus (Sparidae)." Marine and Freshwater Research 70, no. 7 (2019): 964. http://dx.doi.org/10.1071/mf18146.
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Snapper Chrysophrys auratus is a high-value food fish in Australia targeted by both commercial and recreational fisheries. Along the east coast of Australia, fisheries are managed under four state jurisdictions (Queensland, Qld; New South Wales, NSW; Victoria, Vic.; and Tasmania, Tas.), each applying different regulations, although it is thought that the fisheries target the same biological stock. An allozyme-based study in the mid-1990s identified a weak genetic disjunction north of Sydney (NSW) questioning the single-stock hypothesis. This study, focused on east-coast C. auratus, used nine microsatellite markers to assess the validity of the allozyme break and investigated whether genetic structure exists further south. Nine locations were sampled spanning four states and over 2000km, including sites north and south of the proposed allozyme disjunction. Analyses confirmed the presence of two distinct biological stocks along the east coast, with a region of genetic overlap around Eden in southern NSW, ~400km south of the allozyme disjunction. The findings indicate that C. auratus off Vic. and Tas. are distinct from those in Qld and NSW. For the purpose of stock assessment and management, the results indicate that Qld and NSW fisheries are targeting a single biological stock.A
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Hunter, John T., and Eda Addicott. "Poplar box woodlands of Eastern Australia: an assessment of a threatened ecological community within the IVC framework." Vegetation Classification and Survey 2 (December 6, 2021): 241–55. http://dx.doi.org/10.3897/vcs/2021/71216.
Full textAbstract:
Aims: Ecosystems nationally at risk in Australia are listed under the Environmental Protection and Biodiversity Act (EPBC Act), and many cross State jurisdictional boundaries. The determination of these ecosystems across the State boundaries are based on expert knowledge. The International Vegetation Classification has the potential to be useful as a cross-jurisdictional hierarchy which also gives global perspective to ecosystems. Study Area: All bioregions that include Eucalyptus populnea as a dominant or major component of woodlands across the species known distribution. Methods: We use plot-based data (455 plots) from two states (Queensland and New South Wales) in eastern Australia and quantitative classification methods to assess the definition and description for the Poplar Box Woodland ecosystem type (hereafter “ecological community” or “community”) that is listed as endangered under the EPBC Act. Analyses were conducted using kR-CLUSTER methods to generate alliances. Within these alliances, analyses were undertaken to define associations using agglomerative hierarchical clustering and similarity profile testing (SIMPROF). We then explore how assigning this community into the IVC hierarchy may provide a mechanism for linking Australian communities, defined at the association and alliance levels, to international communities at risk. Results: We define three alliances and 23 associations based on the results of floristic analysis. Using the standard rule-set of the IVC system, we found that the IVC hierarchy was a useful instrument in correlating ecological communities across jurisdictional boundaries where different classification systems are used. It is potentially important in giving a broader understanding of communities that may be at risk continentally and globally. Conclusions: We conclude that the IVC hierarchy can incorporate Australian communities at the association level into useful units at higher levels, and provides a useful classification tool for Australian ecosystems. Taxonomic reference: PlantNET (http://plantnet/10rbgsyd.nsw.gov.au/) [accessed June 2019]. Abbreviations: EPBC Act = Environmental Protection and Biodiversity Act; IVC = International Vegetation Classification; NMDS = non-metric multidimensional scaling; NSW = New South Wales; PCT = Plant Community Type; QLD = Queensland; RE = Regional Vegetation Community; SIMPER = similarity percentage analysis; SIMPROF = Similarity profile analysis.